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AGENDA DOCUMENTS AGENDA DOCUMENTS -_._.~-... ....- nr-uC"Jnn.U"1.1"P ~^"P\'" Ur"e-~.,U" 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. - 16 - 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. ) - 18 - 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. '- - 19 - 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~ - 20 - - 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. ~" '. -...-- - 21 - -' 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. - 26 - 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 - 17 - .,,~ \'- ( ~"..."'- . ..".,,- ,. -- f) e 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. - 13 - 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 - 14 - ...., 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: - 15 - 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' 'L. - 3 - ....,or .";""""""-""', ~.. X_.",.,_, .y., ~_. ,.,. ,. .^~~, ~,~ " . ........... ,~ '_'. ~v. ~:'o""" , ""7';,..~~." ~ ~