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LEGAL APPROVAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE C, uF BOYNTON BEACH, FLORIC PROJECT NAME: Melear PUD Phase 3B no' ~ ,-7 e: 0 h l, ( V' 'lAO!;, S " Q~ ,j 5{,!- 83&' -03ql(' APPLICANT'S AGENT: Julian Bryan, Julian Bryan & Associates APPLICANT'S ADDRESS: 8000 Governors Square Blvd. Miami Lakes, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1,1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Southwest Corner Miner Rd. & Sandalwood Dr. DRAWiNG(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby v GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~,d /999 ~~-",OH-~"/,,. f/ City Clerk JISHRDATAIPlannlng\SHAREO\VIJP\PROJECTS\Hamptons at Boynton BeachINWSP\OEVELOPMENT ORDER _ NWSP.doc ,,\\\\\\\\1111111/111 ,...." .~ NTON If I'/~ ~."l 5 ........ & ~ ~ .:; ...~C)RAf;:... -? ~ .;::-Co(,...O....O\S-::. - 0 '(j , ~ _ :: ':z ':= == > i- l ~ := \'" , f'\,_ := - " n.~\J , :::: ~ <) '. '\~ .0' ~ ~ " .0' .... .;::. ~ ........... ot- ~ %//. FLO\'>\ \\~~ /111/1'"111111\\\\ EXHIBIT "e" CONDITIONS OF APPROVAL Project name: Melear PUD PHASE 3B File number: NWSP 99-004 Reference' 3rd Review New Sire Plan File # NWSP 99-004 .. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: l. Compactors not shown; assume curbside garbage pickup. X 2. Waste removal in connection with construction process must be serviced X by the City of Boynton Beach including city roll-off container. Place note on dumpster detail to indicate same. UTILITIES Comments: 3. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. [n general. palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LOR Sec. 7.5.18.1 gives public utilities the authority to remove any trees that' interfere with utility services. either in utility easements or public rights.of-way. Several direct conflicts between utilities and canopy trees are apparent, and must be correct. 4. Dept. of HRS permits will be required for the water and sewer systems X serving this project. (Sec. 26-12). 5. Sec. 26.34(E) of the City Code requires that a capacity reservation fee X be paid for [his project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. Assuming one meter per dwelling unit, the fee will be 517,740.80. 6. Water and sewer lines to be owned and operated by the City shall be X included within utilities easements. Please show all proposed easements on the engineering drawings, using a minimwn width of 12 feet. The easements shall be dedicated via separate instrument to the Citv as stated in Sec. 26.33(a) of the Code. 7. A building permit for this project shall not be issued until this office X has approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) Page 2 Melear PUD File No.: NWSP 99-004 DEPARTMENTS FIRE Comments: 6. Fire flow test is required (contact City fire personnel to initiate). 7. Show compliance with minimum turning radius requirement of 45 feet. 8. Dimension properly to verify that no structure exceeds maximum distance to hydrant. 9. Security gate operation must meet the approval of the Fire Marshal, BBCC 9-15. Card key operators are not acceptable as a stand alone system. 10. Wood frame construction will require fire sprinklers and the location of Fire Department connections must be shown, BBCC 9-6 and LOR 6-16. POLICE Comments: II. Plans must show traffic control devices or signage at all intersections. ENGINEERlNG DIVISION Comments: 12. The plans submitted indicate a 40 foot wide right-of-way for the proposed roadways which does not comply with the City's Land Development Regulations. The minimum right-of-way width allowed by the City's Land Development Regulations is 50 feet, revise the plans, obtain relief, or amend the text accordingly. BUILDING DIVISION Comments: 13. A rectified master plan for this project is not on file to verify that the proposed building and site regulations are accurate. Provide a copy of the rectified master plan. It is possible that additional comments may be generated following the submittal of a rectified master plan. 14, On sheets 15 of 29,21 of 29 and 27 of 29, indicate and identify the total floor area that is air-conditioned INCLUDE REJECT x x x x x x x x x Pace 3 Melear PUD File No.: NWSP 99-004 - DEPARTMENTS '. INCLUDE REJECT 15. Omit from sheet L-2 and L-3 all landscape material that are located X outside the boundary of Phase 38. 16. The building permit plans for each townhouse building shall include X landscape plans that depict the landscaping material that will be placed on the lots that are associated with the building. An irrigation permit will also be required. 17. Show on sheets L-2 and L-3 a symbol that represents the perimeter X boundary of the common areas. Also, label the areas as common ground 18. A separate landscape permit shall be required for the landscaping that is X proposed for the common areas, buffer tracts and recreation parcels. An irrigation permit will also be required. 19. To verify that the proposed entry wall signs do not encroach into an X easement, add to sheet L-4 the location, type and size of easements that are located along the north boundary of both recreation areas. 20. Add the South Florida Water Management District permit number to the X site grading notes found on the drawing titled Preliminary Engineering Plan Town-home Site. Also, specify the minimum finish floor elevation and minimum crown of the road that is stated on the permit. Where applicable, adjust the drawings. 21. Amend the building and site regulations that are identified on the drawing X titled Final Site Plan, Phase 3B to match the building and site regulations shown on the proposed, rectified master plan. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 22. On the architectural elevations plan provide the overall height dimension X to the roof peak, and building materials and colors in tabular form. Chapter 4 Section 7 Paragraph 0.1. 23. 1 AA~ 24. V '25. T, 26. ~ v 27. iJ J 2{ " 28. ~ 29. t 30. P4ge 4 Melear PUD File No.: NWSP 99-004 DEPARTMENTS M'I( I)cI,/vtA< lof.-(t/ INCLUDE REJECT Provide all lighting a d fire hydrant locations on the site plan and X landscape p an . Provide notation on the site plan of how refuse will be collected. O!(J Uw1 W In addition to the current landscape plans, provide an overall landscape sheet produced at the same scale as the site plan. ChA Sec.7 Par.C. I /I vre eO /7 1~)1/ i .) Provide necessary documerlts to show unified control which meet the criteria stated within Ch.2.5 Sec.6 of the City of Boynton Beach Land Development Regulations. /'[ fill r IN Je'O Submit for review a copy of the HOA docu ents, Also, since t e one- recreation credit requires the consolidation of the subject area with the recrea Ion area 0 lUre pas, ocuments s a ensure the accesslblhry ot the two recreatton areas of all three phases by residents. } L k L / ~ I{)"'vdli rV(VL'" ou ,., Prior to site pi n approval confirmation of compli ce G.th'^^ trailil: performance standards shall be received from the Palm Beach County Traffic Division. . x x x -f'U^' !.or '" x - vU..eJ \,0 Qd~l112~ 'Qrf~~1 A bond shall be posted for all common area landscaping, including that on 4~~," ~ i recreation areas, due for phase 3B. The bond shall be pos ed prior to ... issuance of first building permit. Ii J 1-,,, Provide parking for recreation amenities given the number of units located greater than 500 feet from the subject amenity. Provide at a minimum, 1 space per 4 units located between 500 and 800 feet from the recreation area. x ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 30. Delete condition #12. X ADDITIONAL CITY COMMISSION COMMENTS 31. Te Be fkt"'IIII;Il'Cd.~AI'E' J\SHRDA TA\PLANNINGISHAREDIWP\PROJECTS\ME1.EAR PUD\NWSP\COMMENTS PHASE 3 NWSP 6-1.99CC_DOC ~ , f' - e" f iA-01;&, "1 ~L'''., UJ V v V1- Hu f-v 0 Lo 1M IMM- 14' (rl/l VVeJ l \) 1" 0LJ C\Jvt'P~ (fJ W{( '71M: f (19'" VI" J 4 U0-() }tv ~{l.t<,1 (, ).pL./t."o -1 J ~!Z..., , 'u bl ,'nl"I"j <r7 lIUPJ.Mj' Q.c(J vI'.!-) -1... t-- .)\' ,~ - .)01 Lv. / r# c AM, .t (p ce-J-z "- c lvC) l \ lr) _ P4' k.t /rfpe ___ j oc..~ v ,~ j iM 4L rCo& L-t' u--y ..J:' ( ;; /pL(. ! vtJ, 1M> l U j l ~(,{ ~ Ix, u ~' /)( IAltt J-o iMi ~ ( 1J!. d II " A I . ' () (. :lVV\' V W" f ll" \ (), '" () l< r ifi1 \\.,~ -- {}JJ '.1 ~ -U ( h.A (.17 b v NJ~ Ytc~ '1 ~~ I"^ (~cJj w) , .~~ kVtJ~ u.' D,dA h-' - <11 J u 177 /7 t ~ U ~ L\? '-1. tho k-e Lul ~ I-(~U \!Mr(I (tJk>~ t r? ,) 1!;'i, (3) G V vk L~ "L) (, 1 N, l;\..UIl & ViC L / 1m ~ IOlJ~J{~AI '),J~r o ' hkbu Ul 0/A U c '[ v( bw.(J "" ( (ow VI- 1-,..", I ;. I , J.",;-, L h IV-J'" i,~ur.<... I v~""^ f/LM'l' l-119-1_) 1 v' llv0\ 1 r. &/ ~ w;~ ~1, \,V~ QtA,,! rj,! ~~ t1.v r G' I ([) e Co '_',". 1M.' /<1". 2 f {J 10..+-_ o {,1 L1. ~ ~ LA , Y. C lB-Jr r.jD WVUUN j j;'," I MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25, 1999 Mr. Dube moved to approve the request for new site plan approval for the construction of a 19,450 square foot office and warehouse building on 1,4 acres known as the McCraney Office/Warehouse. subject to all staff comments. Motion seconded by Mr. Hay, Motion carried 7-0. 3, Project: Agent: Location: Description: .. Melear PUD Phase 3B Julian Bryan, Julian Bryan & Associates SW Comer of Miner Rd. & Sandalwood Dr, Request new site plan approval to construct recreation area and landscaping on 12,23 acres. Chairman Wische instructed the applicant to take the podium, Mr. Julian Bryan, 756 St. Albans Drive. Boca Raton said he is representing Continental Homes, the owners of the property, Mr, Bryan said that the Master Plan was submitted several months ago, Some commercial had been deleted, some units were changed to townhouses and the buffers were increased,. Mr. Bryan stated that there are 128 fee simple town homes and , each unit has a one-car garage and .all units are two stories located in four and six unit . buildings. Mr, Bryan said all staff comme~ts have been reviewed and that staff has been very helpful. Mr, Bryan requested to address Item #12 under engineering, Mr. Bryan said that when the Master Plan was approved there was discussion regarding the widths of right-of-way being 40' versus 50', This Board and the City Commission approved the widths of the right-of-way at 40'. The rights-of-way have sidewalks on both sides of the internal streets, Mr, Bryan said he has concerns regarding the wording in the comment and noted that it was a consulting engineer and not house staff that said it was inappropriate for this Board to approve 40' right-of-ways, .. .. Chairman Wische noted that the City Commission previously approved the Master Plan Modification, including the 40' wide right-of-way in Phases 3A and 3B, Chairman Wische stated that the Board had approved the 40' right-of-ways and the comment should be rejected. Mr. Rumpf stated Chairman Wische was correct, Mr. Rumpf said there seems to be inconsistencies in interpreting the Code and the application of the regulations into the PUD regulations, Chairman Wische questioned why staff would insert the comment if the right-of-ways had already been approved for phase 3 etc, Mr. Rumpf stated the engineer feels that his credibility is on the line if he endorses something he feels was done incorrectly, Mr, Rumpf said that this comment resulted from review by Jan Jensen Engineering through contractual arrangements with the City. 11 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 Mr. Myott inquired as to the widths of the sidewalk, roadway and swales, Mr, Bryan said the sidewalks were 4' within the 40' on both sides, with three to four foot grass trim, a 2' curb on each side and 20 to 22 feet of asphalt. Mr. Bryan stated that the rear minimum set backs have been increased from 30 feet to 40 feet and this creates more open space. Mr. DuM inquired about the rental phase, which is almost completed and asked if there was a percentage on how it was rented out. Mr, Bryan said that this is not his client's property and they are not involved in this project. Chairman Wische inquired about the price of the town homes, Chairman Wische was advisecj,-the price range was $105,000 to $125,000. Chairman. Wische announced the Public Hearing. Hearing no comments, closed the Public Hearing, Mr. Myott inquired if the roofs were tile and was informed they were, Mr, Myott inquired about the driveways being concrete. Mr, Bryan said that one of the previous staff comments was to identify a minimum standard for the driveways. Mr. Bryan said the. driveways would be concrete or better. If th'e market supports it, the applicant may use pavers. Mr. Myott stated the project was very nice looking, Motion Vice Chair DuM moved to approve the request for new site plan to contract 128 townhouses, recreation area and landscaping on 12,23 acres for Melear PUD, Phase 3, subject to all staff comments, which the exception and removal of Item #12. Motion seconded by Mr. Myott, Motion carried 6.1 (Mr. Rosenstock dissenting.) Mr, Myott inquired about the comment .sprinkle the building", Mr, Myott noted that wood-frame construction will require fire sprinklers for the second floor of the building. The applicant stated he would discuss this comment with staff, ... 8, OTHER Discussion 1, June 22nd Joint Board/Commission Workshop: Development of agenda items and desired goals and outcomes 12 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 Chairman Wische announced that on June 22nd at 6:00 p,m. there would be a joint workshop meeting between this Board and the City Commission. Mr. Rumpf said that staff and the City Commission would like to prepare an agenda in advance of the workshop and requested that this Board itemize the issues that they would like to discuss with the City Commission, Mr, Dube stated that a new sign code is needed, Ms, Frazier stated she would like to see the Commissioners at the Planning and Development meetings, Chairman Wische stated that the Commissioners used to come to the meetings and then all of a sudden they stopped coming, Mr, Rosenstock inquired what Commission Chairman Wische was referring to, Chairman Wische stated past Commissions, Mr, Rosenstock stated that not one member of the new Commission has ever attended any o,f the Board's meetings, ' Chairman Wische said the new Commission should learn what this Board goes through, to make it easy for them when they get their agenda, Chairman Wische stated they might not know what the Board goes through with regard to staff comments, etc, Mr. Rosenstock said that the Board has enumerated several items to the Planning and Development Department. Mr, Rosenstock said he would like to see those items on the agenda in order to ask the Commission specifically if they intended to pass ordinances to implement those changes in the Code, For example, the size of lettering on the monument or pole signs and how the City intends to implement the existing ones. Mr, Rosenstock said that the comprehensive plan can only be changed once a year and Mr, Rosenstock would like to know if there are any recommendations to change the comprehensive plan. Mr. Rosenstock said he disc~sed with the former Mayor and some of the Commissioners about what could be placed on the Intracoastal Waterway. Mr, Friedland said it bothers him that the Commissioners sometimes disagree with this Board's decisions, Ms, Cleary noted that the Commission is fairly new and questioned whether the Commission needs an orientation, Ms, Cleary stated they have no awareness of this Board and this Board needs to get the philosophy clarified, Mr. Myott complimented Mr. Rosenstock on his handling of the ABC Liquor request this evening, Mr. Myott stated that it is a philosophical projection of the Board, as well as 13 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 staff, on what this Board can do to improve the City and that is why this Board is here to fight for a higher standard. Mr. Myott stated he would like to discuss the Guardian Storage Sign on Congress Avenue, Mr. Myott said in the future signs like this should be rejected and the applicant should come back with a new design. Mr. Rosenstock said he has received 12 to 15 complaints about a project that was approved in the City, which are the apartments on the west side of Congress Avenue, north of Gateway, which is called "Via Lugano". Ms. Cleary said the complex is ugly. Mr. Rosenstock said he voted against the project. Mr. Rosenstock said there should be a count of how many rental apartments there are in the City, Mr. Rosenstock thinks that the City has peaked and the City should now look for more moderate to expensive type homes or some type of commercial development. Mr. Myott said we should "gate the City". Mr. Rosenstock said we should "gate the County". . After discussion, it was determined that the following items should be considered for discussion at the workshop: . . Street addresses being placed on signs; · Review of the comprehensive plan with regard to changes to various areas of the City (land use); . Garages, automobile repair shops; . Apartment rental units; . Sale of gasoline. Mr. Hay said he would like to know how many liquor sUItes there are in Boynton Beach and is there a limit as to how many liquor stores can be located in the City, Mr, Rumpf did not think there was a limit. Mr, Rumpf said he would not put this on the agenda, but will have some information for Mr, Hay, Mr. DuM asked why the City doesn't pay attention to the submission of HOA documents, Most HOA documents stipulate that the City cannot issue a permit to an individual unless the HOA approves it first. Mr. DuM said that the City issues permit after permit without getting anything from the Homeowner's Association, Ms. Byrne stated that there is no code on the book that would require the City to enforce the HOA regulations and the City would be opposed to that. Ms, Byrne stated that in order for the City to maintain Standard Building Codes, the City couldn't become a private policing agent for every Homeowners Association. 14 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLQRIDA MAY 25, 1999 Mr, Dube inquired why the City wants to see the HOA documents. Mr. Rumpf said to make sure that the common areas are required to be maintained, 9. COMMENTS BY MEMBERS None 10. ADJOURNMENT Motion - Mr, Hay moved that the meeting adjoum. Motion seconded by Vice Chair Dube. The meeting property adjoumed at 8:40 p,m, Respectfully submitted, -&i4~h.",.__ 11-. . hud..tZ.'1....-' Barbara M, Madden Recording Secretary (two tapes) 15 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 25,1999 AT 7:00 P,M, PRESENT Lee Wische, Chairman J. Stanley DubS, Vice Chair Pat Frazier Mike Friedland Woodrow Hay, Voting Altemate Steve Myott Maurice Rosenstock - Frances Cleary, Alternate Michael Rumpf, Director of Planning & Zoning Mike Cirullo, Acting Assistant City Attorney Nancy Byme, Acting Director of Development Hanna Matras, Economic Research Analyst ABSENT James Reed 1, PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to 'order at 7:03 p,m. and led the Pledge of Allegiance to the Flag, 2. INTRODUCTION OF THE BOARD MEMBERS Chairman Wische introduced the Board Members, Mike Rumpf, Director of Planning and Zoning, Nancy Byme, Acting Director of Development, Hanna Matras, Economic Research Analyst, the Recording Secretary, and Acting Assistant City Attorney, Mike Cirullo. . Chairman Wische advised all those persons who would be testifying this evening to please rise and be swom in by Acting Assistant City Attomey Cirullo, Attomey Cirullo administered the oath, 3. AGENDA APPROVAL Chairman Wische called for a motion to approve the Agenda. Motion Vice Chair Dubs moved to approve the agenda. Mr. Friedland seconded the motion. Motion unanimously carried, MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 4, APPROVAL OF MINUTES Chairman Wische called for a motion to approve the minutes of the May 11, 1999 meeting, Motion unanimously carried. Motion Mr. Rosenstock moved that the minutes of the May 11, 1999 meeting be approved as submitted. Motion seconded by Vice Chair Dubs, Motion unanimously carried, It was noted that two Board members never received the minutes, but Attorney Cirullo said tttey could still vote, 5, COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1, Final disposition of the May 11, 1999 Planning and Development Board meeting agenda items. Mr. Rumpf reported that on May 18. 1999 the City Commission took the following action on items previously reviewed by the Planning & Development Board , (a) (b) The Center for Self Discovery, the sign setback variance was tabled, The Palm Walk ACLF item was pulled by the Commission and was tabled until the June 1st meeting and the applicant will be making a presentation at that time. The Comprehensive Plan WElS amended on second reading for the Katz Historic House for zoning, On first reading, the Stor-AII rezoning was approved. (c) (d) 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING 2 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 Abandonment 1, Project Name: Owner: Location: Description: Mary Wyatt City of Boynton Beach West Ocean Drive Request approval for abandonment of a portion of an alley and service street abutting property at 721 West Ocean Drive. Ms. Mary Wyatt took the podium and stated that she lives at 721 West Ocean Drive, Boynton Beach, Florida, Vice Chairman Dube said he was prepared to make a motion if there were no comments from the audience, Chairman Wische inquired if staff had any additional comments and Mr, Rumpf stated there were none, Chairman Wische announced the' public hearing, Hearing none, Chairman Wische closed the public hearing. Mr. Hay asked for clarification of an. abandonment and Chairman Wische requested that Attorney Cirullo respond to this request. Attorney Cirullo stated that an abandonment is turning the property over, Mr, Rumpf stated that originally something was platted, established by record, and there was some type of intent or use. Mr, Rumpf stated that alleys and easements are abandoned by the same method, Mr, Rumpf said if an easement was never used or abandoned and removed, then the property can be transferred over to the adjoining property so that they can maintain it. Mr, Myott noted that this easement goes behind other lots and not just the subject lot. Ms. Wyatt said she was told originally that the land behind her house was 15' of an alley. The whole development was replatted a few years ago and when the new developer took over, 7 y,.' of the alley was replatted to the new properties. Ms. Wyatt said that the new developer told her that half of the alley was given to her neighbor to the west and the other half was left abandoned, Ms. Wyatt said she has been maintaining the property for seven years. ... Motion Vice Chair Dube moved to approve the request for approval for abandonment of a portion of an alley and service street abutting property at 721 West Ocean Drive for 3 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLQRIDA MAY 25,1999 Mary Wyatt, City of Boynton Beach, subject to all staff comments. Motion seconded by Mr. Friedland, Mr, Rick Rossi requested to address the Board and Attorney Cirullo administered the oath to Mr. Rossi. Mr. Rossi said that he was always under the impression with regard to abandonments, when a person goes for an abandonment, the abutting properties go 50-50. Vice Chair Dube said that has already been done, B, SITE PLANS New Site Plan 1, Project: Agent: Location: Description: ABC Fine Wine and Spirits Ellen Smith, Unruh, Smith & Associates Northeast comer of Boynton Beach Boulevard and-Winchester Park Boulevard Request new site plan approval for the construction of a 9,000 square foot retail (liquor/wine) store and related' Imp'rovements on 0.84 acre" Mr. Geoffrey Sluggett of Unruh, Smith & Associates took the podium and stated they were the agents for the applicant. Chairman Wische stated there were 25 staff comments and asked Mr, Sluggett to only respond to the comments that they do not agree with or need clarification. Mr. Sluggett said they agreed with all staff comments up to comment #19, Mr. Sluggett requested that the members refer to the artist's rendering of the project on the easel. Mr. Sluggett pointed out that the colors on the renderi&:lg were computer generated so the colors are not exactly as intended, Mr. Sluggett stated that comment #19 deals with landscaping and Mr, Sluggett said they are exceeding the code, Staff has requested an increase in landscaping with additional trees, Mr. Sluggett said that although the artist's rendering shows Washingtonia Palms, staff requested another tree and the applicant would be utilizing Geigers, Mr, Sluggett felt that the applicant has exceeded the landscaping, but if staff would like additional landscaping, the applicant would increase the landscaping, Mr. Rumpf said the additional landscaping was originally recommended because of the palm trees, Mr. Rumpf stated that initially there wasn't much buffering landscaping and staff recommended enhancing the landscaping and adding a particular species to 4 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLQRIDA MAY 25,1999 enhance the color and landscaping features. Mr. Rumpf stated the landscaping is being changed based upon an FPL requirement for a landscaping easement and the Washingtonian Palm is prohibited. Mr. Rumpf said the Geiger tree is a smaller tree. Chairman Wische asked Mr. Rumpf what staffs recommendation would be with the change to a Geiger tree. Mr. Rumpf said the color would be beneficial at this location. Mr. Sluggett said they agreed to this condition, The next comment Mr. Sluggett wished to address was comment #20. Chairman Wische noted that comment #20 contained seven separate comments, Mr. Sluggett first addressed comment 20(a) dealing with colored tile striping should be limited to entry feature, Mr, Sluggett referred to the artist's drawing of the building and pointed out the color accent on the building, which is basically red and blue, Mr. Rumpf noted that the Party Store in the Boynton Commons has a multiple color sign. Mr. Sluggett stated that along the Boynton Beach Boulevard corridor there is signage that has the same colors and the colors are carried out throughout the area. Mr. Sluggett said that the top dimension of the color accent is 15" and the lower accent has two tiles, which is 1Q". Mr. Rosenstock asked why the applicant chose these colors.. Mr. Sluggett stated those are the standard ABC corporate colors. Mr. Rumpf presented a photograph of an ABC store located in the north part of the County and this particular store does not have multiple colors on the building or sign. Ms. Phyllis Fitzpatrick, Construction Coordinator for ABC took the podium and stated that the photographs that Mr. Rumpf presented are of a liquor store that was remodeled in Palm Beach Gardens, Ms, Fitzpatrick stated that Palm Beach Gardens has a sign code, which only allows one color on the sign besides the color of white, Also, Palm Beach Gardens has strict architectural guidelines and has a written color scheme in their code, Ms, FitzpatriCk stated they were forced tOTemodel that store in this fashion. Mr. Sluggett stated the design for the Boynton store is a unique design and is consistent with the area, Mr, Sluggett distributed photographs to members of different buildings in the area for comparison, Mr. Sluggett said originally the applicant was proposing a pole sign, but at staffs recommendation, the sign will be changed to a monument sign, Mr, Sluggett said the applicant would like to keep the blue and red accent on the building, since it is the corporate logo, Chairman Wische stated he had check off comment #20 and said it was comparing everything to Boynton Common Shopping Center and Chairman Wische did not think 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 that was a fair comparison, Chairman Wische said the front of the building is on Boynton Beach Boulevard and should be compatible with the buildings along Boynton Beach Boulevard. Chairman Wische noted that most of the signs in Boynton Commons are all different. Mr. Rosenstock said he disagreed with Chairman Wische and said he is diametrically opposed to what Chairman Wische said, Mr. Rosenstock said there has to be a time and place when the City puts down its foot and says I don't care what was built before. The City wants to look a certain way and this has been attempted for many years. Mr. Rosenstock said that someone has to take a stand and state what they want the City to look like. not what is already there, but as each developer comes in we want them to comply.~with a new feel that we want the City to have, Mr, Rosenstock said the plan shows no origination or architectural integrity and is nothing more than a box placed on a parking lot with some trees. Mr, Rosenstock said he cannot support this application and suggested the applicant go back to the drawing board and do something about landscaping, color and architectural design. Mr, Sluggett said that staffs co'mments recommend that they look at the architecture of Boynton Commons and since the original conceptual plan, they have brought in some of the architectural features that are found in Boynton Commons, Mr, Sluggett pointed out the similarities to their project and the Boynton Commons, Mr. Rosenstock asked Mr, Sluggett if the applicant would comply with comment #20, Mr. Sluggett said he would like to hear from the other Board members first. Mr. Rosenstock asked Mr, Sluggett again if they would comply.ith comment #20. Mr, Sluggett requested to review each item individually. Chairman Wische stated there are seven separate col)'lrnents to item 20 and the only has been addressed so far and that is (a). Mr, Rosenstock said he is a member of this Board and is entitled to an answer, Chairman Wische said until the applicant hears from the remainder of the Board, he did not know how the applicant could answer the question, Mr, Rosenstock asked Chairman Wische if he was ruling him out of order. Chairman Wische said he is not ruling Mr, Rosenstock out of order, but said Mr. Rosenstock should wait for the other members' comments before the question could be answered, Mr, Rosenstock asked Attorney Cirullo if he was entitled to an answer for item (a) as a member of this Board. Attomey Cirullo said that there would be an answer and that the Chair controls the meeting. 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 Mr. Myott said he agrees 100% with Mr. Rosenstock, Mr. Myott said the back of Boynton Commons looks better than the front of this building, Mr, Myott did not think the building has any character at this point and it needs a lot of attention, Mr. Myott said this is the same scenario that the Board has faced many times, which is a standard beeline box, Mr. Myott felt that as a new development it should have some character and he cannot support the elevation as presented. Mr. Hay said he would go along with what has been said. Ms. Frazier said it looks like a factory to her. .. Mr. Dube said he agrees with Mr. Rosenstock, Mr, Friedland said he agrees with Mr. Rosenstock. Chairman Wische told Mr, Rosenstock he could now ask the question and Mr. Rosenstock said he did not care to ask the question. Mr. Sluggett said that they had looked at what would be compatible to Boynton Beach corridor and they feel the building is compatible with the different shopping centers in the immediate area. Mr. Myott stated that the applicant had compared their building to much older buildings and that the standards have changed and that the old buildings no longer apply, Mr. Friedland stated that ABC Liquor must have many architectural plans throughout the chain and that there should be something that could be worked out that would be agreeable to the Board, " Secondly, Mr, Friedland asked Mr. Rumpf how his staff approved the design with the comments suggested. Mr. Rumpf stated as far as use, it is a retail use and is an allowed use within the area, Mr, Sluggett asked specifically what the members were opposed to and Chairman Wische said it was the design of the building itself as being a square box, Mr, Sluggett said he would like to address comment 20(g), which deals with removal of the logo sign from the west fayade, Chairman Wische asked what the sign said and Mr, Sluggett stated "fine wine and spirits., Chairman Wische questioned why staff would recommend that this be removed, Mr. Sluggett stated that the project is on the comer of Boynton Beach Boulevard and Winchester Boulevard and any vehicles approaching 7 MEETING MINUTES PLANNING AND DEVELQPMENT BOARD , BOYNTON BEACH, FLORIDA , MAY 25,1999 Boynton Beach Boulevard from the north on Winchester would not know what the retail establishment is. Mr. Sluggett asked that they be allowed to maintain that sign on the west side. Mr. Rumpf stated that the other buildings along Winchester Boulevard do not have identification signs on the sides and backs of the buildings. Mr, Rumpf said that staff was looking for consistency in the general area, Mr, Rosenstock felt that ABC was picking the worst of the design, as opposed to the best of design and that they should try to achieve a higher quality, Mr. Rosenstock stated that Mr, Rumpf is trying to use his authority to develop a community design plan for buildings that would be the best of Boynton Beach and not bring the City down with bad designs. (Chairman Wische welcomed Commissioner Denahan to the meeting,) Chairman Wische said that the. discussion needn't continue any further. but informed Mr. Sluggett that they could present the project to the City Commission. Chairman Wische asked the applicant if they would like to table their request. Mr, Rosenstock said he would be. willing to approve the project if it were subject to complete compliance with all staff comments, Mr, Sluggett suggested that the matter be postponed. Mr. Rumpf said this was not an advertised item. therefore legal advertisements and timeframes do not restrict staff. Mr. Sluggett requested that he be given time to confer with his clients, Mr, Sluggett requested that the matter be tabled until the June 8111 meeting of the Planning and Development Board, - Motion Vice Chair DuM moved that the request of ABC Liquor be tabled, Motion seconded by Mr. Rosenstock. Motion unanimously carried, Project: Agent: Location: Description: McCraney OfficelWarehouse Richard L. SunlThe Sun Group, Inc. SW 14th Place Request new site plan approval for the construction of a 19,450 square foot office and warehouse building on 1.4 acres. 8 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 25,1999 Attorney Cirullo was requested to administer the oath to the witnesses at the podium. Mr. Richard L. Sun and Mr. Steve McCraney were sworn in (Mr, Rick Rossi had been previously administered the oath), Mr. Rossi stated he was the owner of the property. Chairman Wische stated that there were 32 staff comments and asked the agent which comments they wished to address or did not agree with, Mr, Sun requested to address Item #25. Vice Chair Dube noted that this is the first time that he can remember seeing a comment from the Forester. Mr. Rumpf stated it is common policy for un-landscaped medians to require the adjacent developers to provide for the medians, Mr. Rossi reminded the Board that there were originally four lanes on SW 30th Street in the early 1980's, The lot he is selling to the petitioner is the last lot remaining in the Lawson Industrial. area, Mr. Rossi stated that the petitioner's property only represents one- sixteenth of the median that would be benefiting all the property owners and the cost of landscaping the median should be borne by all adjacent owners, Also, Mr, Rossi stated that this requirement should have been provided for during the platting process and not ' at this late date and suggested that the property owners' association be approached to share in the cost. Mr, Myott stated he is familiar with other municipalities that ask that a certain amount of dollars be contributed towards the beautification of a substandard median, Mr, Myott inquired if the median were landscaped, who would maintain' it and was informed by Mr. Rumpf that the City would maintain the median. Also, the petitioner is only being asked to landscape the median that directly abuts their property, not the entire median, Mr. Rosenstock questioned the petitioner's reluctance to landscape their part of the median since the amount of money necessary to do this would probably not cost much more than $2,000, or perhaps a little more, Also, the petitioner would be beautifying his portion of the street. Mr. Dube asked Mr, Rossi what his connection was with the project and Mr, Rossi stated he owned the property, which is under contract for sale with the petitioner, Mr. DuM said that Mr, Rossi was out of order and that he was arguing on behalf of the petitioner and that he is not the applicant. Mr. Rosenstock asked Mr, Rossi if he was a paid agent at the present time and Mr, Rossi stated he was not. Mr, Rosenstock asked Chairman Wische to rule Mr, Rossi out of order and if he has anything to say, his comments should be made during the public hearing portion of the meeting, Chairman Wische stated that since the Assistant City 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLQRIDA MAY 25,1999 Attorney agreed with the Board member's comments, Chairman Wische asked Mr. Rossi to be seated, Mr, Rossi took his seat. Mr. Sun said that the applicant had no other comments, Mr, DuM reminded the applicant that he only had to landscape the median that is in front of his property, Mr, Rumpf pointed out the area in question on the site plan. Mr, Rumpf stated the area was 243' and would estimate that the applicant would be responsible for only that amount of median. Mr. McCraney noted there were seven medians in the park and one cul-de-sac and to have one portion of the median in the middle of the park landscaped did not seem appropriate. Mr. Dube said it was a start. Mr. McCraney did not think there would ever be a finish, Mr. Myott thought the City might use this as a precedent and get things started. Mr. McCraney said he would be glad to partiCipate with the other property owners, but it is something that should be shared through the association. and that he should only have to be responsible for one-sixteenth of the median. Mr, McCraney said it would cost, nearly $6,000 to do this and that the. entire project itself only costs $500,000, of which $250,000 is the sale price and felt it was unfair as a small businessman to be burdened with this, Mr. Rosenstock asked why Mr. McCraney would be concerned about $6,000 and Mr. McCraney said he is always concerned about every dollar that comes out of his pocket. Mr, DuM noted that the Forester used the word "must., not "suggesr and asked Mr, Rumpf if this was correct, Mr, Rumpf stated that the origin of this requirement is from the comprehensive plan policy, but Mr, Rumpf did not recall the exact language in the comprehensive plan. Mr. McCraney noted that they agreed to all 34 comments except for one and felt they were being punished unfairly, Mr. McCraney said that he is expected to water the median and maintain it. Mr, Rosenstock informed Mr, McCraney that he would not be responsible for the irrigation and maintenance, once the landscaping is put in. Mr. Rumpf concurred that the applicant discontinues his obligation at the completion of construction, The irrigation system will be hooked up to a City water line, Chairman Wische announced the public hearing, Hearing no comments, Chairman Wische closed the public hearing. Motion 10 UNITY OF TITLE In consideration of the issuance of a Land Development Permit for the construction of improvements as delineated on the construction plans for the Plat of Melear, P.U.D. (Phase 3A & 3C Borgata and Phase 3B San Savino) located in the City of Boynton Beach, Palm Beach County, Florida, and for other good and valuable considerations, Continental Homes of Florida, Inc. hereby represents and agrees that the land within said Plat, which is described on Exhibit A attached hereto: are owned and under the control of Continental Homes of Florida, Inc; that Continental Homes of Florida, Inc. shall proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to PUD; that Continental Homes of Florida, Inc. shall provide agreements, contracts, deed restrictions and sureties acceptable to the City of Boynton Beach for completion of the development according to the plans approved at the time of zoning to PUD and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; 4. this instrument shall be recorded in the Public Records of Palm Beach County. Signed, sealed, executed, and acknowledged on thiS~YOf ?J~.hi:u V ,1999 at Dade County, Florida. r~}' 1. 2. 3. Continental Homes of Florida, Inc. By: Paul Romanowski /'7/ ) ""-\ Its: President ' --1"....... . , (Corp. Seal) STATE OF FLORIDA ) ) COUNTYOF mIAWl/~lSl. ) The foregoing instrument was acknowledged before me this ~a of 1999 by , personally known identification _ Type of identification produced !) t-06Jv or produced ,.',",,'(1/1111.'111/1.111/11.,'1111111111111111111/111/11111111.1 ~ ~VP < j' ~t- &'4'(,... Linda J. Malafa ~ .;: ~ ~~ '" Notary Public, Stale of Florida ( .~, ~~.l: Commission No. CC 609932 < ~; ?-Q~H-(J~ My Commission Exp. 0111012001 ~ :<. 1-800.)-NOTARY. FI&-NowyServi~c&Bondin Co. ~ ~)})';)})""\""'i"';))""))'>)"))))'}))"')>)))\))';)))')))~))'i') ( Approved as to Legal Sufficiency James Cherof City Attorney, City of Boynton Beach, Florida EXHIBIT" A " Removal of Officer: Election of Officer RESOLVED, that effective May 7, 1999, John Patrick Moroney is hereby removed from each office of the Company that he currently holds; and RESOLVED FURTHER, that effective May 17, 1999, Paul Joseph Romanowski is hereby elected to the office of Vice President of the Company to serve as Division Manager of the Company's South Florida Division, until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal; and RESOLVED FURTHER, that Paul Joseph Romanowski, as a Vice President of the Company, is hereby authorized and empowered, in the name and on behalf of the Company, (i) subject to written corporate approval by anyone of the following officers of the Company: a) Donald R. Horton, Chairman of the Board, b) Donald J. Tomnitz, Vice Chairman and Chief Executive Officer, c) Richard Beckwilt, President, d) David J. Keller, Executive Vice President, or e) Bruce Dickson, Vice President (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to the written corporate approval of anyone of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Company, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Company, and (iii) to execute and deliver office and model home leases and such other agreements, instruments or documents as the Approving Officers of the Company shall direct; RESOLVED FURTHER, that, in connection with the management of the Company's business, Paul Joseph Romanowski, as Vice President of the Company, shall be authorized and empowered, in the name and on behalf of the Company, to execute and deliver (i) home sales contracts, salesman's employment agreements and similar or equivalent agreements, documents or instruments and (ii) personal property leases for, among other things, office equipment and construction trailers; and RESOLVED FURTHER, that in connection with the management of the Company's business, Paul Joseph Romanowski, as Vice President of the Company, shall be authorized and empowered, in the name and on behalf of the Company, to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. U,\JKESLER\MINUTES\DRHortonInc\061B99.COS.wpd 2