AGENDA DOCUMENTS
AGENDA DOCUMENTS
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MINUTES - PlANNING AN'-'EYELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 13, 199~
c. SITE PLANS
NEW SITE PLAN
1. Project Name:
Agent:
Owners:
location:
The Vinings at Boynton Beach and The V1n1ngs II
at Boynton Beach .
CCl Consultants, Inc.
Howard R. Scharlin, as Trustee
East side of SW 8th Street, approximately
1,400 feet north of Woolbright Road.
Request for site plan approval to construct 548
apartments with associated recreational amenities
and signage on 33.87 acres.
Description:
-'
Mr. Haag made the presentation. This is broken down into two phases. The
southern portion would be Phase I and include 252 apartment units and a total of
eleven (ll) buildings. Phase II will have 296 units and a total of 12 build-
ings. Regarding the surrounding zoning districts, to the north is single-family
residential zoned R-1A; to the east is the railroad right-of-way and an M-l
zoning district; to the south is Morton's Way and the PCD where Home Depot is
located; and to the west is SW 8th Street, a church site and a drainage lake
within Woolbright Place.
This is an undeveloped piece of property where multi-story buildings are pro-
posed. The maximum overall height will be 40'-1-. Concurrency for this project
is based on a Court Order and it will be met. There is only one ingress/egress
to the site off SW 8th Street. There are possible areas for emergency access
off Morton's Way. Security gates are proposed for the project with a divided
median entrance. The site will be heavily populated with trees. They have
created a perimeter with trees and shrubs. The landscape Code requires founda-
tion landscaping around the building which is shown on the site plan. There are
recreational amenities which include a leasing office, pool area, pool deck,
tennis courts, barbeque areas, and children's play area. Both phases will have
five recreational amenities. There will be 900 parking. Phase I will self-
support itself for parking. Every apartment unit will have two parking spaces.
There are surplus parking spaces above the two per unit in Phase II. This is a
Planned Unit Development (PUD) and they have established setbacks at 40'. They
are trying to comply with a 20' separation between buildings.
This project ts not in a Community Design District. The building is a tan color
with contrasting dark green trim for the handrails and stairway. The s1gnage
includes a project entrance sign along SW 8th Street on either side of the
entrance way. There will be many signs throughout the site which have a forest
green pOle and sandblasted coral stone finish.
Staff reviewed the request for this large project. There are comments from
every department with the exception of the Police Department. Mr. Haag reported
that the Planning and Zoning Department has a recommendation in addition to its
comments. That recommendation is that if there is any s1gnage which they are
not showing which they have discussed with staff, staff would like the latitude
to approve those signs administratively rather than to modify the sign program
and bring them back before the Board. These signs would have to meet the Sign
Code and blend in with the colors shawn.
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MINUTES - PLANNING AND DE\ )PMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER l3. 1994
e
Although there were staff comments from all departments, staff recommends
approval of the project. Showing compliance with the comments will not
substantially affect the concept of what they are doing. These are technical
comments and staff does not believe there is anything involved which will
significantly change the design.
In response to Mr. Walsh's question, Mr. Haag advised that neither the Police or
Fire Departments had a problem with the single entrance road.
Mr. Weigle questioned whether these buildings are being built to 1988 Codes or
current Codes because of the Court Order. Mr. Haag stated that in the past, Mr.
Morton has worked with the Building Department to meet the current building code
requirements. Mr. Morton said everything which is publiC safety will be
addressed as to the latest issues.
Mr. Rosenstock referred to Pages 10, 11 and 12 of the staff report and asked for
assurances that those comments will be complied with. Mr. Haag advised that if
this Board recommends approval subject to staff comments, and the City Commis-
sion does the same, then all comments will be complied with at building permit
time. Mr. Rosenstock questioned whether or not the applicant has indicated he
intends to comply with all comments. Mr. Haag said the only issue of concern at
present is the mailbox issue. During a meeting with the applicant last week,
Mr. Haag did not feel there were any objections to any comment other than #7i of
his staff report. Ms. Heyden clarified this issue with the applicant tonight.
Chairman Lehnertz referred to Paragraph 3 of Page 20 of the staff report which
was Recreation & Park Memorandum #94-215 from Charles Frederick to Jim Cherof,
dated June 9, 1994, concerning the Tradew1nds draft agreement. Ms. Heyden
explained that the City has been working with Mr. Morton to revise the
Stipulation Agreement. A number of issues have arisen which the City thought
were clear and after putting them to the test, they are not clear. We are
working on this.
Mr. Rosenstock recommended that this Board either approve or disapprove this and
let the City Commission decide whether or not it is complied with. Chairman
Lehnertz stated he is interested in anything which is environmental. He is
interested in what is contained in Item #4 of Mr. Frederick's memorandum.
Mr. Morton said that about eight months ago, at a City Commission meeting, they
voted to have the Mayor meet with the developers, City Attorney Cherof and City
Manager Miller to work out some open issues which had been presented to the City
Commission. They came up with solutions to problems both sides had in trying to
get answers to unanswered questions in the Settlement Agreement. A draft of
that proposal was prepared by Attorney Cherof and there is still one issue the
developer is attempting to work on. That is the reason why it has not yet been
brought back to the City Commission for final approval. They are almost
completed and it should go back for final approval very soon. Item #4 is one of
the items in the agreement.
Richard Wohlfarth said they are in agreement with staff's comments with regard
to the presentation. At this point, he wished to clarify a few items.
"- 17
MINUTES - PLANNING AND D~._~OPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
Regarding the location of the mailboxes, traditionally they are located in the ,
breezeway areas. The applicant would like to leave them in that location, but
that is subject to Post Office approval. If the Post Office requires a kiosk
type system, they will modify accordingly.
With regard to Item li, it is his understanding that when the 20' buffer is
constructed, the timing will be either the first CO of Phase II multi-family, or
first CO of the construction of the 14 acre parcel, whichever comes first. They
will comply with that condition.
Regarding Pages 10, 11 and 12 of the staff report, the developer is substantial-
ly in agreement with staff comments with some qualification. On sidewalks, in
this type of project, a good circulation plan for the residents to get around
the property to the activities is provided. As to external circulation, there
is a sidewalk planned on 8th Street. With regard to any other connections, they
will comply with all requirements in the City Codes as they relate to sidewalks.
Mr. Rosenstock recommended that the developer consider building paths for people
to walk along to keep them off the road. He feels this is to the benefit of the
developer. Mr. Wohlfarth stated that the developer was nodding in agreement and
will consider this suggestion.
Chainman Lehnertz stated that he has had a long and varied history with this
project. One of the things that came to mind was- a site plan Mr. Morton brought
before this Board and the City Commission a while back. There are significant
areas within this project which are scrub upland habitat which is an acquifer
recharge area and is very scarce within Palm Beach County. Mr. Morton did an
exceptional job of laying out where all the areas containing Scrub Pine and Live
Oak were located. He used overlays to work the buildings around the existing
trees. He pointed out that that is not obvious on these plans. He feels
everything on this property will be cleared out, and then the developer will go
back in and replant. The City Forester had deemed certain trees to be pre-
served. He questioned whether or not the developer has considered this
situation.
...
Mr. Haag explained that there were sites on the old site plans which were pre-
served. Mr. Hallahan is working with the applicant. The landscaping shown on
this plan is all new. Chainman Lehnertz feels this is one of the worst things
to do from an environmental standpoint.
Bettina Scherer of Trammell Crow said a tree survey was done recently. There
are 144 Slash Pines and one Sabal Palm. The Sabal Palm will be relocated on the
railroad section. The Slash Pines are not protected trees. Because of the size
and location and the changes in foundations planned, they probably would not
survive. They feel a better plan has been provided with the species planned.
The City Forester reviewed it, accepted it and has no further comments.
Chainman Lehnertz said he had met with people from Mr. Morton's office who did a
great deal of work on identifying clusters of Slash Pines and working around
them.' He is disappointed with this proposal.
)
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MINUTES - PLANNING AND DE\ .DPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
~ Chris Wheeler. partner in Trammell Crow, said the customer will pay to look out
.., the window and see a lake. They don1t want to see sand and Scrub Oak. Mr.
Wheeler said he is an adamant environmentalist, but in this case, where it is a
for-profit development and the customer wants water, not Scrub Oak, an economic
decision was made to build that. They have chosen to redeploy their profits in
terms of environmental contributions to mitigate what is done in these cases.
Chairman Lehnertz advised that he has been told there is a viable population of
Scrub Jays on the site. Ms. Scherer said they have spoken with Fish and Game,
Ms. Heyden and Attorney Cherof to confirm that there were no outstanding
environmental issues. She wrote to Fish and Game, who responded that there was
nothing of concern on the site.
Mr. Morton advised that back in 1990, gopher tortoises were relocated to a
suitable habitat. Chairman Lehnertz said he has not been on the site because of
"No Trespassing" signs, but he has been told by people who were on the site
doing surveys, that there are gopher tortoises on the northern part of the site.
He recommended this situation be investigated concurrent with this development.
Mr. Morton said he possesses a letter which released the site from gopher tor-
toises. They are not aware of any new tortoises.
With regard to the plants and trees, Chairman Lehnertz made a recommendation
that the 248 Black Olive trees be replaced with native species which would pro-
vide the same shade and canopy and not be so invasive. He recommended
increasing the number of Live Oaks, planting Paradise trees, Gumbo Limbos. He
further pointed out that the 25 Ficus trees are invasive trees and on the list
of concerned species. The Ficus hedge could be replaced with Coco Plum or
Florida Privet. He noted that none of the ground cover proposed is of a native
variety and recommended replacing it with native vegetation.
Mr. Wheeler appreciated the comments on native species, but pointed out that it
would be difficult to obtain the amount of native species needed for a site of
this size, and to pay the cost of Live Oaks compared to Shady Lady or Black
Olives. The only invasive species are the 25 Ficus and the Black Olives. If it
is possible to get Coco Plums for the right price, they will replace the Ficus
hedge. He explained that it might be difficult to buy 1,600 shrubs of a native
species. He said he would do whatever he can to get as much native"material on
the site as possible. However, he further pointed out that the customers do not
want to look at native materials. They like an exotic look. It is important to
satisfy those customers or they will not rent the units. He will discuss this
with his Landscape Architect.
Chainman Lehnertz said he has a problem with an applicant saying, "I understand
your concern and will do the best I can". To him, that means the applicant can
say he did his best, but the end result will be exactly what is on the plan.
Mr. Wheeler said he will comply with everything the Code requires and he will
give his best efforts on those issues not in the Code book.
Mr. Rosenstock suggested Chainman Lehnertz make the motion since he feels so
strongly about his recommendations.
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MINUTES - PLANNING AND D :LOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13, 1994
Motion
Chainman Lehnertz passed the gavel and moved that we recommend to the City ,
Commission that the site plan for the Vinings at Boynton Beach and the Vinings
II at Boynton Beach by CCL Consultants, being a request for site plan approval
to construct 548 apartments with associated recreational amenities and signage
on 33.87 acres be approved subject to all staff comments with the exception of
the Planning and Zoning Department's comment 7i which has been changed to be
done on the first CO. Further, he stipulated that the Black Olive trees and
Ficus trees be replaced by native species and the Ficus shrubs along the buffer
be replaced with a native species of shrub.
Mr. Rosenstock said the residents want instant landscaping when they rent.
want what will grow the fastest and give the best canopy and coverage. He
nothing wrong with some Black Olives. He recommended giving the developer
leeway.
Chainman Lehnertz amended his motion to require that half of the Black Olive
trees (124 trees), the Ficus trees and the Ficus shrub be replaced with native
species.
They
sees
some
Mr. Rosenstock said that in his community, the Ficus trees are the biggest
prOblem existing. They are removing every Ficus tree in the community.
Mr. Walsh seconded the motion.
Mr. Rosenstock recommended voting for the motion, and the developer should give
serious thought with complying because it is to his benefit. The developer is
making a mistake putting a Ficus hedge in the middle of the development if only
for maintenance purposes.
Vice Chainman Dube said the same problem exists in his community; however, he
has "a problem with the motion since he is a developer and a general contractor.
As such, he feels this motion is too restrictive. This motion is mandating the
developer to do certain things.
Chainman Lehnertz said the plan lists 248 Black Olives. His suggestion to make
that 124 of another species should not be very detrimental. There are 25 Ficus
trees, and replacing them should not be a hardship. There are 1,600 Ficus
hedges. He is willing to modify the motion to make half of those hedges a
native shrub. This is the buffer between the multi-family and the single-family
projects.
Chainman Lehnertz amended the motion so that rather than replacing all of the
Ficus hedge, only the Ficus hedge along the buffer between this parcel and the
14 acre parcel should be the native hedge and allow them to do whatever they
want with the remainder. Mr. Rosenstock felt this was a much more reasonable
request.
Mr. Walsh agreed with the amendment to the motion.
Mr. Haag questioned whether or not Chainman Lehnertz was concerned with Item 7h
on Page 22 of the staff report. Ms. Scherer said they are concerned with Items
lh, and 7i as they all relate to the 20. landscape divider between the 14 acre
parcel and this parcel. Ms. Scherer then corrected her statement to advise that
"h" is acceptable.
,--;rr~
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- MINUTES - PLANNING AND DE .OPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
-
Mr. Wheeler said the purpose of the Ficus trees is to 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 will be eight, and in four years, they will be
gone. He needs them on the site for the instant impact. He asked that con-
sideration be given to their past track record on thirty-five projects. They
are removed for the reasons stated, but it is economically feasible to include
them for instant impact. This is the reason why there are only 25 Ficus trees
on 33 acres. The Coco Plum is a reasonable compromise and it is not an issue.
Mr. Rosenstock would like to see the property developed and said he supports the
developer. However, he feels the developer should consider the concerns of the
Board members. He does not believe there is a big outlay of funds involved to
investigate this issue to see what can be done about it. Mr. Wheeler agreed,
but requested that the Board allow the 25 Ficus trees.
Chairman Lehnertz said this site, prior to this developer coming in, was rated
by the County as an Al environmental site. It was a prime site in the County
for a native habitat. It still contains native scrub habitat. There is only 2%
to 3% of the original upland scrub habitat left in Palm Beach County. Chairman
Lehnertz feels the Board is asking the developer to compromise. He does not see
where 25 Ficus trees should make any difference on the viability of this proj-
ect.
Mr. Rosenstock pointed out that the developer has agreed to put in the Coco
Plums and give the other trees requested. He will eventually have to remove the
Ficus trees. He recommended the Board give a little more. The City Commission
has the final say on approval of this project.
Chainman Lehnertz modified the motion to delete the request to delete the 25
Ficus trees. Mr. Walsh seconded this motion.
Chainman Lehnertz clarified that the motion is to approve, subject to all staff
comments with the exception of Item 7i, which will be done at the first CO of
either Phase II or Phase C, to substitute native species for half the Black
Olives and to substitute native species for the Ficus shrubs along the buffer
between the 33 acre and the 14 acre parcels.
The motion carried unanimously.
.
Vice Chainman Dube requested that the minutes reflect the fact that the repre-
sentatives present have a reed to the changes.
D.
TIME EXTE~ON
1. project~:
"'"
Agent:
OW r:
Location:
Description:
Boynton es PUD
Plat 5 - Be Homes
. . ,Robert G. Come i nck
Rea 1 Estate Recov y, Inc.
Reso'iution Trust Co oration
Congress Avenue at Pl Lane, sou the t corner
Request for...a,n additiona ne-year time ~ension
to site plana~oval, concurrency exemption and
construction of required improvements.
~"
'.
-...--
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-'
MINUTES - REGULAR CITY ~OMMISSION'MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 20. 1994
The contract purchaser said
lots. Therefore, there ar
make sense to try to sh
first has to do it.
out. The contract
their six lots.
"
is only purchasing thirty-five of the forty-one
six lots under different ownership. It does not
the cost of the required improvements. Whoever comes
ever, she thinks this problem 1s go 0 ork itself
rchaser has contacted Lennar and i ying t purchase
Commi ioner Aguila moved to appr
of 95, subject to staff comm
s nded the motion.
ar10 Shles1nger of 19232 Cl01ster Lake Lane 1n Boca Raton was present. Vice
Mayor Matson asked him if the bonds w1ll be put into his name if he acquires the
six lots from Lennar. Mr. Shlesinger answered affinmat1vely.
ension to October
yor Pro Tem Bradley
-
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. Non-Consent Agenda - Not unani.usly approved by Planning &
Dtvelo_nt
TM Vining. It 8oJfttoft "'ell and the Vinings II at
8oJftton ..ell
CCL Consultants. Inc.
Howard R. Scharlin, Trustee
East side of S. W. 8th Street, approximately 1,400
feet north of Woolbright Road
Site Pllns: Request for Site Plan appr~val to
construct 548 apartments with associated
recreational amenities and s1gnage on 33.87 acres
Ms. Heyden advised that this request was submitted by CCL Consultants for site
plan approval of 548 rental apartments and private recreational amenities to be
located withiR the Woolbright Place PUD on a parcel on the east side of S. w.
8th Street. approximately 1,400 feet north of Woolbright Road. This is a gated
community with one entrance planned off of S. W. 8th Street to serve all units.
The project will be constructed in two phases. The apartment buildings vary in
height. No building exceeds 40'1-. The color elevations submitted were dis-
played on the easel. The roofs are tile and the color scheme of the stucco
textured building is earth tones with a dark green stairway and railings.
1. Project Name:
Agent:
Owner:
Location:
Description:
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 - REGULAR CIT\ ~~ISSION MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 20. 1994
Planning and Zoning Department memorandwn. They recommended this be reworded to
indicate that the landscaping and fencing required between the Vinings project
and the 14 acre parcel be completed prior to a CO being issued for the first
building in Phase II. They also recommended that one half of the Black Olive
trees prooo~~d be substituted w1th a nat1ve species and that Cocoplums be used
as the hedge material within the buffer.
Richard Wohlfarth stated that a can lift station exists on the property. It was
constructed many years ago. It has been worked out with Utilities that it w1ll
be removed during Phase II of the construction. In addition, it has been worked
out with staff that since it is a phased project, the reservat10n fees w1ll also
be paid in a phased manner.
With regard to a sidewalk along the entranceway of the property, the applicant's
original request was not to have any sidewalks along the entranceway because
this 1s a gated community and there is really no place to walk once you get out
to 8th Street. Staff felt sidewalks are required, not only on one side, but on
both sides. Mr. Wohlfarth would rather not have any sidewalks, but if there has
to be sidewalks, he would prefer to construct them on one side only, to be
constructed in Phase I of the project, which would be the south side of the
entrance. Commissioner Aguila and Vice Mayor Matson did not see any need for a
sidewalk along the entranceway. Mayor Harmening felt one sidewalk would be ade-
quate. Mr. Wohlfarth confirmed that there will be a sidewalk on the east right-
of-way line of S. W. 8th Street.
Mr. Wohlfarth was in agreement with all other staff comments and thanked staff
for their assistance during this process.
In response to Mayor Pro Tem Bradley, Mayor Hanmening pointed out that the Black
Olive is a deciduous tree. It loses its leaves, makes a mess, and has a ten-
dency to block stonn drainage. In addition, for a little while in the winter,
.sometimes it looks a little barren.
Commissioner Katz asked why the applicant objects to providing all native trees.
Mr. Wohlfarth stated that most of the nurseries do not have the ability to
supply the number of trees needed.
With regard to the orientation of a couple of the dumpster enclosures,
Commissioner Aguila suggested Mr. Wohlfarth meet with Public Works to make sure
their trucks will be able to make the turn.
In response to Mayor Hanmening. Mr. Wohlfarth said the entire lake area and area
roadway will be constructed during Phase I. He agreed to plat Phase I and with
the entire property.
Mayor Hanmening asked if the burrow from the lake will remain on the property.
Mr. Wohlfarth said he does not plan to have off-site sales and will utilize the
material on the property.
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MINUTES - REGULAR CITY COMMISSION' MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 20, 1994
Motion
-
Commissioner Aguila moved to approve the site plan for the Vinings at Boynton
Beach and the Vinings II at Boynton Beach, subject to staff comments as sub-
mitted here this evening, with the exception of the trees, and the sidewalk on
the south side of the entrance drive. Vice Mayor Matson seconded the motion.
Mr. Hukill stated that the main street is a collector street, and there is a
provision in the Appendix for sidewalks to be constructed on both sides of all
collector streets. However, the applicant has been very cooperative. It is a
large development and walks and paths have been provided within the development
that may satisfy the Commission. One of the reasons they are resisting the
sidewalks is that they do not want people going in that way. Conm1ssioner
Aguila felt the sidewalk on the south side is sufficient.
Although the applicant has agreed with comment number 7(h) of the Planning and
Zoning Department memorandum, Ms. Heyden would like to withdraw it. As written
right now, the landscaping that is not on their property would have to be
installed if they are the first developer. This opens up the question of who
maintains that landscaping and how it gets irrigated. Commissioner AgUila
thought this was previously dealt with and that landscaping is only required on
the property being developed so that it can be maintained. Previous minutes
indicated to Ms. Heyden that it was intended that buffers be installed all at
once, whether or not it was on the property being developed. Commissioner
Aguila said that was never his intent and that does not make any sense.
Commissioner Aguila pointed out that there is only one ingress/egress throughout
this entire development and that there are over 500 people. He asked what would
happen if there is a blockage at the entrance drive. Mr. Wohlfarth stated that
there are two lanes going in both directions. It is wider than normal and has a
valley or gutter where they narrow down to a single lane. Therefore, if a car
breaks down, you can go around it.
The motion carried 5-0.
c. Other
--
1.
Ms. Heyden s that Terry Hanms is ealing an administrative dete
regarding t request to remove the tal awnings proposed above th ndows on
the west de of the Cuco's bui1 g. This building is at the west corner
of Boy n Lakes Plaza. This uest is being filed to appea taff's admin1s-
tra e denial to remove the nings. The awnings are not, place yet.
e architectural e v ns were approved for Cuco' 1993 by the Commission
in connection with unity Design Plan appeal he appeal was for relief
from the Spanish/Mediterranean roof material a rchitectural feature require-
ments of the Code. At that meeting, cant agreed to add the architec-
- 27 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 20, 1994
workshop was the transfer of e dollars from the compens
the Legal, Labor Continge account to address the P
Vice Mayor Matson ported the City Manager her efforts to Ke
fiscally respon e. She believes the Manager should be
manage the C
adjustment to
The mot carried 3-2. Mayor armening and Commissioner Katz cast the
dissenting votes.
The Vintngs at Boynton Beach
CCL Consultants, Inc.
Howard Scharlin, Trustee
East side of SW 8th Street, approximately 1,400 feet
north of Woolbright Road
Abandonment: Request for abandonment of a 20 foot
wide drainage easement located near the southwest
corner of the property.
Richard Wohlfarth of CCL Consultants represented the applicant.
B. Project Name:
Agent:
Owner:
Location:
-
Description:
Tambr1 Heyden, Planning and Zoning Director. used the overhead projector during
her presentation. She advised that this is a request for abandonment of a 20
foot wide drainage easement located northeast ~f the southwest corner of S. w.
8th Street and Morton's Way. She said there are facilities within the utility
easement that will have to be relocated. They will be relocated within Morton's
Way and S. W. 8th Street. The Planning and Development Board unanimously recom-
mended approval of this request. subject to staff comments. Their motion also
included a recommendation that the City Attorney prepare an agreement to ensure
the enforcement of conditions stated in the applicant's letter regarding their
commi,tment to relocate the drainage facilities. Unless the City Attorney feels
this is necessary, Ms. Heyden feels we have the leverage to ensure this is done
because the resolution will not be placed before the Commission unless that work
is done. Attorney Cherof felt that was sufficient leverage. Mayor Harmening
agreed. "
If approved tonight. Mayor Hanmen1ng asked what provision was made to ensure
that the new replacement drainage is in place and acceptable before the abandon-
ment becomes a matter of record. Mr. Wohlfarth said he is in total agreement
with City staff and has agreed that the actual document to release the easement
in question will not be executed by the City until such time as the drainage
line is in place and accepted by City staff. Only after the improvement has
been accepted by the City will that easement actually be released to him.
Commissioner Aguila asked if this includes new easement dedication, if
necessary. Mr. Wohlfarth said if any additional easements are required, he will
have those dedicated prior to the easement being executed for release.
No one wished to speak in favor of or in opposition to this proposed abandon-
ment. Therefore, Mayor Harmening declared the public hearing closed.
- 16 -
MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 20. 1994
Motion
Commissioner Aguila moved to approve the applicant's request for abandonment of
a 20 foot wide drainage easement located northeast of the southwest corner of
S. W. 8th Street and Morton's Way. Commissioner Katz seconded the motion, which
carried 5-0.
C. Project Name:
Agent:
Owner:
Location:
Miami Subs G
American International
David
Nor ast corner of Plaza Lane an
parcel "AN of Boynton Lake aza)
onditional Use: Request f conditional use approval
to construct a 2,934 squ ' foot drive through
restaurant.
Ms. Heyden sta ~ that this request was mad y David Daszkal for conditional
or a 2,934 square foot driv through restaurant, to be known as
rill to be located on outpa el -AN of Boynton Lakes Plaza (the
northea corner of Plaza Lane and Co ress Avenue). Although utilities,
parki . drainage and landscaping f. the outparcel were installed during
ruction of the main shoppin enter building, several changes to these
rovements are necessitated accommodate the drive through facility. It is
mportant to remember that ve through facilities are not a p use in
this zoning district (C-J nless the various Code standard r evaluating con-
ditional uses can be me These standards include site n review, regardless
of whether a parcel re ived site plan review prev10u . The standards of par-
ticular concern with rive through facilities, as 1 as this drive through
facility, are ingr s and egress. parking and ling. refuse, buffering, and
compatibility wi adjacent properties. This tparcel does not have its own
access. It rel s on a cross access agre t with the shopping center. There
are two entra es to the outparcel. One off of Plaza Lane and the other is
off of Congr s Avenue. The Engineer1 Department. the Planning and Zoning
Department and the Police Departmen recommend that the proposed outparcel
entrance closed because this in ess is within twenty-five feet Q~the
shoppin center entrance off of za Lane and this driveway is heavily used.
There ve been problems with rs as well as delivery trucks parking,.Jn that
area nd blocking access. addition, due to the limited stacki~9.;'area, it is
an cipated that cars may ck up into Plaza Lane, waiting toma~e a left turn
i 0 the outparcel. St believes that this 1ngress/egress('in connection with
the drive through. wo worsen the current situation. ptpthe two outparcel
entrances proposed. is would be the one most used./'
->>
Another concern that a hairpin turn has been - 19ned entering the drive
through so tha f a car enters the outparcel re and wants to enter the drive
through lane hey would be making a ha1rp1 urn, which. because of its radius,
cannot be ~e in one maneuver. Staff be ves that closing this entrance pro-
vides adequate access to the outparcel ~ encourages safer traffic flow to it.
Regarding parking and loading are there are 668 parking spaces that would be
available to serve this outparc and the rest of the shopping center. This
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MINUTES - PLANNING AND Dr '~.OPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 13. 1994
Chairman Lehnertz pointed out that conditional use approvals are subject to the
City Code of Ordinances, but one of the. things this Board has historically done
is gone beyond strict requirements and had to look at aesthetics and how the
proposals will affect the City, the surrounding area, and residents in general.
The motion carried 5-2. (Mr. Weigle and Ms. Frazier cast the dissenting votes.)
Ms. Heyden referred to Items II-1.a through d on Page 12 of the staff report and
clarified that the motion included keeping the tile as shown on the elevation
submitted by the applicant.
B. SUBDIVISIONS
MASTER PLAN MODIFICATIONS
1. Project Name:
Owner:
Location:
.....
Woolbright Place PUD
Howard R. Scharlin, as Trustee
SW 8th Street, approximately 1,400 feet north
of Woolbright Road
Request for modifications to the approved master
plan to include revised access points off SW 8th
Street and Morton1s Way, a phasing plan, subdivided
multi-family parcels and a landscape buffer and set-
backs between the subdivided parcels.
Ms. Heyden made the presentation. Richard Wolfarth, agent for Howard Scharlin,
trustee/property owner of the Woolbright Place PUD, has made this request.
Description:
The modifications are a result of last month's exception to platting where three
parcels were created out of the multi-family pod. The modifications consist of
five changes as follows:
1. Redistribution of the 320 multi-family units approved within Pods 1
and 2. There are a total of 640 multi-family units within these
Pods. These units are being redistributed into Pod 2A and 26 and
a Pod 1 of 14 acres showing 90 multi-family units.
2. A phasing plan in which Pod 2A will be constructed first. There is
a site plan approval for this Pod on tonight's agenda.
3. Shifting of the two access points to the two multi-family pods to
create one access point 608 feet north of Morton's Way to the
33.87 acre parcel and one access point 1,328 feet north of
Morton's Way to the 14 acre parcel.
4. Creation of a 20' wide landscaped buffer between the 33.87 acre
parcel and the 14 acre parcel. The width of the buffer will be
split between the two parcels.
5.' Establishment of a building setback of 40' between the 33.87 acre
parcel and the 14 acre parcel.
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MINUTES - PLANNING AN~ ~~VELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13, 1994
The Technical Review Committee recommended to the City Commission a finding of 6
no substantial change for the changes requested subject to staff comments. This ~
request was heard by the City Commission for a finding of no substantial change.
When this went to the City Commission on August 16, 1994, they made a finding of
no substantial change and included all staff comments with the exception of
Planning and Zoning Department comments regarding the landscape buffer and the
portion of the comment regarding the terms of the parks and recreation agreement
which the City entered into with Tradewinds when the plat was approved.
With regard to the buffer, the City Commission is allowing the 20' wide
landscape buffer to be split between the two parcels. They stipulated that the
buffer shall be bermed and have a 51 high chain-link fence with a Ficus hedge on
both sides. Additionally, trees will be planted.
With regard to the parks and recreation agreement, the City Commission is
requiring that the issue of payment be resolved prior to the site plan approval
which is scheduled tonight and next Tuesday before the City Commission. The
applicant proposes to pay the $60,000 which is owed to the City at the time of
issuance of building permits or January 10. 1995, whichever comes first. This
proposal must be considered by the Board and the City Commission.
Mr. Rosenstock requested clarification on the parks and recreation agreement.
Ms. Heyden explained that the agreement required "the payment to be made at least
one year ago. The Commission was apprised of this situation during the presen-
tation of the exception to platting. The City Commission made a decision to
enforce the tenms of the agreement at the time of site plan approval. The
developer is aware of the fact that the City wants this money upfront. The
developer will address this issue this evening.
With regard to the landscape buffer, Mr. Golden questioned whether or not there
are any requirements with regard to plantings in the buffer.
Chainman Lehnertz pointed out that the City Commission has specified that the
buffer will be 20' wide and landscaped with Ficus. He feels the Board has no
say in this situation. Ms. Heyden advised that if the Board members recommend
something else to the City Commission, they should be very careful because this
project was subject to a Court Order. She further felt that if the Board
strongly objects to something, it is possible for the City Commission to reverse
its decision.
Richard Wohlfarth. eeL Consultants. 220 Park Central Boulevard North. Pompano
Beach. thanked the staff for working with them. The applicant is in agreement
with all comments which were extended, and with the comments raised and approved
by the City Commission. With regard to the buffer, the applicant is attempting
to provide a visual and physical barrier. This is the reason for the request
for the 51 chain link fence as well as the Ficus hedge. This type of hedge
grows very quickly and will be maintained to provide the visual barrier and to
preveot people from going from the multi-family site to the 14 acre property.
Regarding the park, there was a great deal of debate. The developer has
acknowledged that the $60,000 is payable to the City and has requested that the
payment be made not later than January 10, 1995, or at the time of first
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MINUTES - PLANNING AND DEVELyfMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
building permit, whichever comes first. He feels the payment will be made in
January given the process the applicant. will be going through. As of today, the
developer has acknowledged that payment is due to the City, and at a time cer-
tain. Mr. Wohlfarth is hopeful the City Commission will accept this proposal
from the developer.
Although a Ficus hedge will grow very rapidly, Chainman Lehnertz suggested using
native alternatives which would work as well, and grow as thickly and almost as
rapidly as the Ficus. He recommended a Florida Privet or Coco Plum. Mr.
Wohlfarth requested an opportunity to work with staff during the process with
regard to species. He pointed out that everyone is attempting to work with
xeriscape as much as possible, but if it is deemed to be unusable by either
side, that it be an option along with the Ficus.
Vice Chairman Dube asked whether there will be two homeowners' associations with
a master association for this development. Mr. Wohlfarth said the multi-family
is a rental project which will be maintained by an overall association. There
is a potential that there could be a single-family project, but tonight's master
plan is for the multi-family project. Vice Chainman Dube explained that if
there are two different maintenance companies, one side could be growing, while
the other side is not. Problems may arise regarding who should maintain the
hedge. A master association, cutting and maintaining totally, would eliminate
any problem. Mr. Wohlfarth said that with regard to the maintenance of the face
of the hedge on the multi-family site will be matntained by Trammell Crow and
its subsidiaries. Regarding the topping of the hedge, he committed to topping
the entire hedge at the same time.
. Motion
Mr. Golden moved to recommend approval of the master plan modification for the
Woolbright Place PUD submitted by Howard SCharlin, Trustee, for modifications to
the approved master plan to include revised access points off SW 8th Street and
Morton1s Way, a phasing plan, subdivided multi-family parcels and a landscape
buffer and setbacks between the subdivided parcels, subject to staff comments.
Vice Chairman Dube seconded the motion, which carried unanimously.
EXCEPTION TO PLATTING
(Agenda materials for this request will be distri-
buted at the meeting. A complete application has
not yet been received.)
The Vinings at Boynton Beach
Howard Scharlin, Trustee
Richard Wolfarth, CCL Consultants, Inc.
Northeast corner of SW 8th Street and Morton's Way
Request to further subdivide Tract C, the undeveloped
multi-family/duplex designed parcel of Woolbright
Place Plat No.1, by splitting the 33.87 acre parcel
into two parcels.
This application was withdrawn by the applicant and, therefore, it was deleted
earlier in the meeting.
2. Project Name:
Owner:
Agent:
Location:
Description:
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1. Palm Walk Conditional Use - This ACLF was approved subject to staff
comments and with two additional remarks. The City Commission requested
gates on the dumpster. However, there will be no dumpster. There will
be can pickup with a dumpster enclosure. The height reduction, which was
recommended by staff, was not approved.
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
2. Palm Walk - Community Design Plan Appeal - This item was approved
and the City Commission endorsed the Planning & Development Board1s
opinion.
3. V1nings - Exception to Platting - This item was approved as sub-
mitted.
Ms. Heyden asked for input from the Board on her new practice of mailing inform-
ation packages when Board members are on vacation. Messrs. Golden and Walsh
felt this was a very good idea. Chairman Lehnertz recommended that members
advise the Planning and Zoning Department, as well as the City Clerk1s Office,
when they will be on vacation so that staff knows whether or not to mail the
packets.
OLD BUSINESS
None
NEW BUSINESS
A. PUBLIC HEARING
ABANDONMENT
The V1n1ngs at Boynton Beach
CCL Consultants, Inc.
Howard Scharlin, Trustee
East side of SW 8th Street, approximately
1,400 feet north of Woolbright Road
Request for abandonment of a 20' wide drainage
easement located near the southwest corner of
the property.
Mr. Haag made the presentation. A locator map was used to display the area
which is located in the Woolbright Place PUD. This will be an apartment complex
consisting of 548 units. The drainage easement is approximately 203' long and
20' wide.
1. Project Name:
Agent:
Own e r:
Location:
Description:
This drainage easement was created when Home Depot, located in the Shoppes of
Woolbright PCD, was established. The drainage from that project works its way
onto this project. The stonmwater is ultimately discharged into a lake. When
the site is developed, there will be buildings in the location of the easement.
The applicant will reroute the drainage so that it will connect into the
existing infrastructure located under SW 8th Street.
........
" ". . s and the Planning and Zoning Departments are in favor of
for aba donment. One condition, recommended by staff, requests
. 'on dopting the abandonment of the drainage easement not be
_~igned by the Cit!Y..Corrmission until after the infrastructure is in place and
. Working to ~rt the drainage off trre property. The City Engineer is in
agreement with this condition. The applicant has agreed with the stipulation.
,
I
MINUTES - PLANNING AND Dl ~OPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
SEPTEMBER 13. 1994
I
~.
Staff recommends approval of the request for abandonment, subject to the con-
dition requested.
In response to Mr. Rosenstock's question, Mr. Haag advised that Page 7 of the
back-up material is a memorandum from Mr. Wohlfarth to the City Engineer dated
August 26, 1994, wherein he agrees that the abandonment will not be adopted
until the Resolution is signed. They will have all infrastructure in place
before that signing.
Mr. Rosenstock suggested that the City Attorney submit a form which satisfies
his legal requirements for the fulfillment of that request other than just this
unsigned memorandum.
Richard Wohlfarth. CCL Consultants. represented the applicant. With regard to
the comments made at this meeting, the applicant is in total agreement with the
request. He stated they have agreed with the City, and they fully understand
that the easement will not be released until the improvements are in place.
This was worked out with the Public Works Director.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Motion
Mr. Walsh moved that we go ahead with this recommendation to the City Commission
based upon the preparation of the necessary legal document to satisfy all par-
ties concerned and protect our interest in the future when this project does get
underway, subject to all staff comments. Mr. Golden seconded the motion, which
~ carried unanimously.
CONDITIONAL USE
Miami Subs Grill
American Architrave International
David Daszkal
Northeast corner of Plaza Lane and Congress
Avenue - (outparcel "A" of Boynton Lakes Plaza)
Request for conditional use approval to construct
a 2,934 square foot drive-through restaurant
Mr. Haag made the presentation. This outparcel is to the west of Walgreen's
located within Boynton Lakes Plaza. The abutting zoning districts and uses are:
(1) the shopping center to the east; (2) directly north is the ingress/egress to
the shopping center, and north of that is another vacant outparcel and then the
Mobil Gas Station; (3) west, across Congress Avenue, is Meadows Square; (4)
south of the site is Plaza Lane and a vacant parcel proposed for townhouse con-
struction.
2. Project Name:
Agent:
Owner:
Location:
Description:
Using an overlay of the site, Mr. Haag pointed out that this site was subdivided
from the total shopping center. It was built as one total shopping center site;
therefore, many improvements were made to this property. Parking spaces were in
place; There was a curbed pad where the building was proposed. This site was
site plan approved when the shopping center went through. They anticipated the
building on this outparcel to be 3,300 square feet. This request is for a 2,934
square foot drive-through restaurant.
t'
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