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LEGAL APPROVAL MINUTES - CITY COMMI~ION MEETING BOYNTON BEACH. FLORIDA APRIL 18. 1995 Mr. Hernandez was agreeable to a seven month extension 1f staff and the ommission could assure him that he would be able to go through the process in t t period of time. Mayor 0 Tem Matson pointed out that Pulte Homes did a remarkable job bilitat the Meadows. She was in favor of granting an extension fo~ months. Mr. Kilday was a to a nine month extension. He pointe ut that some pennits also have be obtained from outside the City and s times there are delays. He was also reeable to a seven month extension further small extensions would be all g. Mayor Taylor was not really favor of granting ext 10ns. He cautloned the applicant to ask for whatever e he feel he need ow so that he does not have to ask for another tlme extension. Mr. Kllday f comfortable that nine months would cover any contingencies and p nt hlm om havlng to come back to the Commlsslon. lCIIuth Road PCD - TABLED Kieran Kilday Southwest corner of Knuth Boulevard T1.. Extens10n: Request for approval month retroactive and an indefinite time ex for zoning/master plan approval and concurren exemption day requested that this item remain tabled for an additional 30 days in to address some concurrency issues that the Plannlng and Development Boar ted addressed. 3. f the Tara Oaks PUD retroac- th a nlne month time Jaskiewicz seconded the Mot1on Mayor Pro Tem Matson moved to appro tive extenslon from June 18, 199 0 Aprl1 18, 199 extenslon for zonlng/master pI approval. Commlsslo motion which carrled 5-0. Boynton Belch Boulevard PCD - TABLED Kieran Kllday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard T1me Extens1on: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that this item remain tabled for an additional 30 days in order to address some concurrency issues that the Planning and Development Board wanted addressed. 4. Project: Agent: Location: Description: - 27 - MINUTES ~~ ,iE PLANNING AND DEVELOPMENT ..-"'... MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 14, 1995, AT 7:00 P. M. PRESENT Gary Lehnertz. Chairman Stanley Oube. Vice Chairman Jim Golden Maurice Rosenstock Thomas Walsh Bradley Weigle Pat Frazier, Alternate Tambri Heyden, Planning and Zoning Director Michael Haag, Zoning and Site Development Administrator Leonard Rubin, Assistant City Attorney IDJ1 ~ ,~ ~ II W ~ ~ ~ ,lJ1J, . ,- PlM~i'~ii,jG .iliIJD lit Zor'I!Nc; DEPT. j} ABSENT Thomas Walsh 1. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:08 P. M. The Pledge of Allegiance to the Flag was recited, 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Lehnertz welcomed everyone to the meeting and introduced the Board mem- bers and Attorney Rubin. Mr. Rosenstock was not yet present. 3. AGENDA APPROVAL Via a letter dated February 14, 1995, Kilday & Associates, Inc. requested that Items 7,0,1. 7.0.,2, and 7.0.3 be postponed until the March 14. 1995 Planning and Development Board meeting to allow additional time for their Traffic Engineer to address concerns raised by the Palm Beach County Traffic Division, Mot1on Per the applicant's request, Vice Chairman Dube moved to continue the time extensions on the Tara Oaks PUD, the Knuth Road PCD, and the Boynton Beach Boulevard PCD until the March 14. 1995 Planning and Development Board meeting, Mr, Golden seconded the motion. which carried 6-0. Mot1on Mr. Weigle moved to approve the agenda as amended. Vice Chairman Dube seconded the motion, which carried 6-0. 4. APPROVAL OF MINUTES Mot1on Vice Chairman Dube moved to approve the January 31. 1995 minutes of the Special Meeting of the Planning and Development Board. Mr. Golden seconded the motion. which carried 6-0, - 1 - MINUTES - PlANNING Ahw ~.~ELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA 2. Project: Agent: Location: FEBRUARY 14, 1995 Knuth Road PCD Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boul evard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption At the request of Kilday & Associates. Inc., this item was postponed until the March 14. 1995 Planning and Development Board meeting. Description: 3. Project: Agent: Location: Boynton Beach Boulevard PCD Ki eran Kll day South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption At the request of Kilday & Associates, Inc.. this item was postponed until the March 14, 1995 Planning and Development Board meeting. Description: E. Other None. 8. COMMENTS BY MEMBERS A. Chainman Lehnertz' Appointment to the Pal. Beach County Okeeheelee Advisory Board Vice Chairman Dube congratulated Chainman Lehnertz on being appointed last week to the Palm Beach County Okeeheelee Advisory Board. Chainman Lehnertz thanked him. He advised that this Board deals with matters regarding Okeeheelee County Park. B. Time Extensions Mr. Rosenstock asked about the policy regarding time extensions. He expressed concern about granting extensions for more than a year. Ms. Heyden stated that the City Commission has not been consistent in granting extensions. She stated that a lot of weight is placed on how promising projects look. She personnally has a problem with granting retroactive extensions that involve a concurrency exemption. C. Melaleuc. Mulch Chairman Lehnertz noticed that staff has been recommending the use of Melaleuca mulch, He greatly appreciated that. He asked if staff would make those recom- mendations on a regular basis. - 13 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA (tvrf - 14-00 '3 MAY 16, 1995 ,~ corner of Knuth R~ Boynton Beach Bo evard. Commissioner Rosen seconded the motion. Mayor Taylor questioned w er Kn Road will be constructed. Mr, Kilday said the road will be built with first building permit. Commissioner Rosen amen Clthe motion to ude the phrase "without the gas station" so that it is clear that the approv does not include the gas ion. Commissioner Jaskiewicz seconded the amended motion ich carried 5-0. Description: Boynton Beach Boulevard PCD Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard TIME EXTENSION: Request for approval of an la-month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption,....,....... ..,..............,..,.. ........... ..,.. TAB LED c. Project: Agent: Location: Motion Vice Mayor Bradley moved to remove this item from the table, Commissioner Rosen seconded the motion which carried unanimously, Kieran Kilday made the presentation and advised that this is a parcel of property south of Winchester Boulevard and to the west of the post office. It is approved for general commercial uses and does not include a service station in the approval. Phasing was a requirement of staff and the applicant accepts that condition. This parcel, in terms of access and use, will be at a signalized intersection. This property was held up because the University of Florida is the owner of record. Clear title could not be attained and it went into litigation to clear that title, That clear title now exists, but the property contains a vein of muck, Mr. Kilday requested a 24 month time extension to perform the demucking operation so that the property can be developed, In response to Mayor Taylor's question, Mr, Kilday advised that Mrs. Boynton, who lived on the property, has been relocated to a new place. Staff's recommendation is for approval of this request to expire on June 18, 1996, if a plat is not filed, The Planning and Development Board also recommended approval of this request for a period of six months. 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA MAY 16, 1995 Motion Commissioner Rosen moved on staff's recommend for June, 1996. THE MOTION DIED FOR LACK OF A SECOND. Motion Vice Mayor Bradley moved approval of the applicant's request for a time extension of 24 months, Mayor Pro Tem Matson seconded the motion and requested that the motion include the 18 month retroactive extension and the traffic phasing, Vice Mayor Bradley agreed to the additions. The motion carried 4-1, (Commissioner Rosen cast the dissenting vote.) D, Project: Agent: Owner: Location: Description: Motion Commissioner Rosen moved to remov is item from th table. Vice Mayor Bradley seconded the motion which carried unanimous , Kieran Kilday made the present ion in the absence of Col ne Walter, He advised that this project has the unanimous app val of the Planning and Devel ment Board, He displayed the site plan, iRor. 4f' only two 1,,1.1'" qulrln. elttrl'lc;illio" 'Of the rieerd, With eCilrd Ie th@ reereatlen area, there was a question ref ring to the entrance to that area, Mr, Kilday dvlsed that Mr. Hukill has provided the applicant ith a letter which states that based on the traffj in the area, the entrance is acceptable, The second issue' volves the fact that the applicant has met with surroun 'ng property owners of the project a a agreed to buffering and fencing in the areas of concern, He submitted an agreement whi h is attached to the original set of minutes on file in the City rk's Office, Mayor Pro em Matson referred to the bonding requirement and pointed out tha company as a minus A rating, but our Code requires a AAA rating. 29 MINUTES - CITY Cf'. 'SlOtt MEETING BOMON BEACH. Fl\lllt&~ APRIL 18. 1995 Mr. Hernandez was agreeable to a seven month extension 1f staff and the Commission could assure h1m that he would be able to go through the process In that per10d of t1me. Mayor Pro Tem Matson pointed out that Pulte Homes d1d a remarkable job 1n reha- bilitating the Meadows. She was in favor of granting an extens10n for nine months. M~. K1lday was agreeable to a nine month extension. He pointed out that some permits also have to be obtained from outside the City and sometimes there are delays. He was also agreeable to a seven month extension if further small extensions would be allowed to get the applicant to platting. Mayor Taylor was not really in favor of granting extensions. He cautioned the applicant to ask for whatever time he feel he needs now so that he does not have to ask for another time extension. Mr. Kilday felt comfortable that nine months would cover any contingencies and prevent him from hav1ng to come back to the Conmission. Motton Mayor Pro Tem Matson moved to approve the request of the Tara Oaks PUD retroac- tive extension from June 18, 1993 to April 18, 1995 w1th a n1ne month time extension for zoning/master plan approval. Commiss10ner JaskiewiCZ seconded the motion which carried 5-0. Knuth Road PCD - TABLED Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard T1.. Extenston: Request for approval of an 18 month retroact1ve and an indefinite time extens10n for zon1ng/master plan approval and concurrency exemption Mr. Kilday requested that this 1tem rema1n tabled for an additional 30 days In order to address some concurrency issues that the Planning and Development Board wanted addressed. 3. Project: Agent: Location: Description: Boynton aeach Boulevard PCD - TABLED K1eran Kilday South side of the intersection of Boynton Beach Boulevard and W1nchester Park Boulevard T1ma Extens1on: Request for approval of an 18 month retroactive and an indef1nite t1me extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that thIs 1tem rema1n tabled for an additional 30 days in order to address some concurrency Issues that the Planning and Development Board wanted addressed. 4. Project: Agent: Location: Descript1on: - 27 - .--- -- --- ' .~ - MINUTES - CITY CQMII,_ ~11llC MEETING BOYNTON BEACH. flORIDA APRIL 18. 1995 Mr, rnandez was agreeable to a seven month extension 1f staff and the Commis on could assure him that he would be able to go through the pr that per of time. Mayor Pro Tem bilitating the M months. that Pulte Homes did a remarkab jOb in reha- in favor of granting an exten on for nine Mr. Kilday was agreeable a nine month extens10n. He nted out that some pennits also have to be obta from outside the City d sometimes there are delays. He was also agreeable seven month exte on lf further small extensions would be allowed to get appllcant to att1ng. Mayor Taylor was not really ln favor of applicant to ask for whatever time he feel to ask for another time extension. Mr. Kl1 would cover any contingencies and prevent Commission. Motion Mayor Pro Tem Matson moved to a rove the request of tive extension from June 18. 3 to April 18. 1995 w extension for zoning/master an approval. Commlssione motion which carr1ed 5-0. Knuth Road JltD - TABLED Kieran Kilday Southwest corner of Knuth Road an Boulevard ' T1.. Extens1on: Request for approva of an 18 month retroactive and an indefinite t extension for zoning/master plan approval and con rrency exemption Mr. that this item remain tabled for an additional 30 da or to address some concurrency issues that the Planning and Development w nted addressed. Boynton Beach Boulevard PCD - TABLED Kleran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Time Extension: Request for approval of an 18 month retroactlve and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested that this item remain tabled for an additional 30 days in order to address some concurrency issues that the Planning and Development Board wanted addressed, 3. 4. Project: Agent: Location: Description: - 27 - --- ~~- -~-- ~- '\ MINUTES - PLANNING, j ~'VELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 14. 1995 Mr. Golden pointed out that this Is not like a typical site plan extension where zoning Is In place and the applicant Is seeking an extension for something that was allowed by right. He stated that this was not compelling and there was a lot of time. Mr. Reitz concurred with Mr. Golden and Mr. Rosenstock. He expressed concern about this resurfacing just because there Is Interest In the gas station. He also expressed concern about the viability of the entire project. He recom- mended reapproachlng this from a rezoning perspective. Mr. Beasley stated that It takes a long time to fill that much retail space. He felt denial of the extension would take away the applicant's ability to nego- tiate with potential clients. Mr. Reitz stated that If this extension was approved from a speculation perspec- tive, this would have a detrimental effect on the other centers In the area that are not 100 percent filled. He would like to see more of an overall plan put In place. Motion Vice Chairman Dube moved to disapprove any type of an extension on the Knuth Road PCD for zoning/master plan approval and concurrency exemption. Mr. Reitz seconded the motion. At Mr. Golden's suggestion, Vice Chairman Dube amended his motion to Include the recommendation that the City Commission direct the City Manager to file an application for a more restricted zoning category until the property has been further evaluated, and that the appropriate zoning be reevaluated at the time of the Evaluation Appraisal Report. Mr. Reitz agreed to this amendment. The motion carried 6-1. Mr. Beasley cast the dissenting vote. Boynton BHCh Boulevard PCD KI eran Kll day South side of the Intersection of Boynton Beach Boulevard and Winchester Park Boulevard Request for approval of an 18 month retroactive and an Indefinite time extension for zoning/master plan approval and concurrency exemption Ms. Heyden advised that this project received Its land use change and rezoning to current master plan In December of 1990. With that approval was a con- currency exemption for traffic and drainage. There was one time extension prior to this one. The same sections of the Code dealing with time extensions that apply to the previous requests apply to this request. This project meets the current drainage requirements; however, It does not meet the current traffic requirements. Therefore, staff requested that traffic Information be turned In. Gateway Boulevard again came up as a problem link between Congress 3. Project: Agent: Location: Description: - 10 - MINUTES - PLANNING A. }ELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 14. 1995 Avenue and Military Trall. The County recommended that this project be phased. 11mltlng the amount of constructlon that can take place. As part of the EAR, the Plannlng Department wll1 ldentlfy propertles for land use confllcts or changes ln condltlons that would necessltate changes ln land use and %onlng. There have been a number of lmprovements that have been done, whlch the appll- cant feels warrant the time extenslon. Those improvements include the removal of some Australlan Plnes, and lssuance of a clearing and grubblng permlt and an excavatlon and fill permit. The TRC recommended approval of thls project sub- ject to all comments and condltlons of rezonlng and master plan modlflcatlon approval. Rather than an lndeflnlte tlme perlod. staff recommends the extenslon explre on June 18. 1996. Mr. Kl1day asked the Board to look at this slte ln terms of lts context, the surroundlng land uses, and from a standpolnt of the approprlate use of the prop- erty. He advised that there is a letter of intent for development of this entlre property. The lssue holdlng up that offer up ls that there ls a con- siderable amount of site work to do because of the marketing operatlons that have to take place on the property. He sald he was assured by Mr. Schroeder that there are no cows on thls slte and that the owners have been paylng $40,000.00 a year for the last flve years for property taxes for the vacant property. Vlce Chalrman Dub! asked lf Mr. Kl1day could 11ve wlth a 15 month extenslon. Mr. Kl1day answered affirmatively. In response to Mr. Welgle. Mr. Kllday advlsed that the lntent ls to develop thls property as a retal1 center wlth a center anchor ln the back and two outparcels ln the front. Mr. Golden pointed out that this parcel abuts the Stonehaven PUD slngle-faml1y homes and a lot of people opposed thls request at a previous publiC hearing. Mr. Golden felt resldentlal zonlng would be more approprlate than commerclal zonlng at this location. Chalrman Lehnertz felt thls was another appllcatlon that was rushed ln to get ln under the deadllne. He stated that there has been vlrtually nothlng done slnce then. He felt that lf thls was a vlable project, lt would have come before the Board sooner. He felt the owners should resubmlt the entire project if they feel lt is a viable project. . Mr. Kl1day pointed out that a project was approved in 1974 and was constructed ten years later. Mr. Golden pointed out that that was a DRI and we would have more ln the way of vested rights wlth a ORI. Vice Chalrman Dub! felt this parcel should be developed because rlght now lt ls a mosqulto lnfested water soaked hole. - 11 - MINUTES - PLANNING ' ~ ~ElOPMENT BOARD MEETING 80YNTON 8EACH, FlOlh~ MARCH 14, 1995 Chairman lehnertz suggested giving the applicant six months to make a gOOd faith effort. Ms. Heyden pointed out that all that would involve is submitting an application for a site plan or plat within six months. Mr. Kilday said he could probably have a submittal of the plat within six months. Motion Vice Chairman Oube moved to approve an 18 month retroactive and a 6 month time extension for zoning/master plan approval and concurrency exemption for the Boynton Beach Boulevard pcn based on the owner submitting a site plan for approval within that period of time, subject to staff comments. Mr. Weigle seconded the motion. Mr. Golden pointed out that a letter of intent is a pretty vague commitment. The motion carried 6-1. Mr. Golden cast the dissenting vote. 7. NEW 8USINESS A. Public Hearing land Use Element Amendment/Rezoning 1. Project: Mainstre.t Car Wish Agent: Jim Zengage Owner: Forward Progress, Inc. location: Between N. E. 1st Street and N. E. 2nd Street, imme- diately north of Mainstreet Car Wash Description: Request for a map amendment to the Future land Use Element of the Comprehensive Plan from Medium Density Residential to local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-3 (Community Commercial) This item was rescheduled until April 11, 1995. 8. Subdivisions Master Plan Modification 1. Project: Agent: Owner: location: Description: Shoppes of Woolbright PCD CCl Consultants, Inc. Howard R. SCharlin, Trustee Northside of Woolbright Road, east of the l.W,D.O. E-4 Canal Request to modify the previously approved master plan to subdivide outbuilding 3 into .895 acres, revise the outbuilding sizes (outbuilding 1 from 4,300 to 6,920 square feet, outbuilding 2 from 5,000 square - 12 - FEB-14-'95 TUE 15:48 tD:KILDAY & ASSOC. TEL m:407-5b9-2592 li133 P01 llIldlIy .. " [['... lIIndKlol Ar;h~I"""ntnI 1M! Forum PIeoIl Sulle l00A Wnt rllm SlIall, I'IortdI a34D1 14071 _8622 . Fax: (lIlI1l _Z1i82 ~m@mnwm February 14, 1995 PZLOANNING AND NING DEPJ: Mr. MIKe Haag, Zonlng and sne Development Administrator City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach. FL 3~5 Re: Tara OaKS PUD, Knuth Road POO, and Boynton Beach Boulevard POD Our Project No.: 799,16 Dear Mr, Haag, This letter serves as a request for a postponement to the March 14, 1995 Planning and Development Board Meeting of the aforementioned projects currently being reviewed for a Time Extension and Concurrency Exemption Certification. These Item. are scheduled on tonlghta February 14, 11ilQS Planning and Development Board Meeting, however, the petitioner Is requesting this postponement to allow additional time for their Traffic Engineer to address concema railed by the Palm Beach County Tra1IIc DIVIsion for these projects. Thank you for your continued cooperation with this matter. Should you have any queetlone regarding this postponement, please feel free to contact this office, Sincerely, a.w~ Lindsay A. alter Kilday & Associates, I no, 00: Bill Winchester Mike Schroeder PIuu~1'1LNG AND ZONING DEPARTMEN'l' !I1r;MORANDUM TO: Carrie Parker, City Manager Robert Eichorst, Public Works Director Bill Hukill, Development Department Al Newbold, Building Division William Cavanaugh, Fire Prevention Officer Lt. Jim Cummings, Police Department John Wildner, Parks Superintendent Kevin Hallahan, Forester/Environmentalist Clyde "Skip" Milor, Utilities Chief Field Insp. Tambri J. Heyden, Planning and Zoning Director 'J.9At FROM: DATE: January 19, 1995 RE: Technical Review Committee Meeting Tuesday, January 24, 1995 Please be advised that the Technical Review Conunittee will meet on Tuesday, January 24, 1995, at 9:00 A.M. in Conference Room "e" (West Wing) to discuss the following: I. LAND DEVELOPMENT ORDERS (other than site plans) A. Preliminary/Final Plat NOTE: The Engineering Division has previously distributed the following three projects to the TRC members. Technical conunents and questions should be directed to the Engineering Division. 1. PROJECT: LOCATION: 2. PROJECT: LOCATION: 3. PROJECT: LOCATION: Citrus Park PUD File # PLAT 95-001 East side of Lawrence Road, approximately 1,750 feet north of Gateway Boulevard (NW 22nd Avenue) Vinings PUD File # PRPL 94-003 East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road Nautica PUD I & II File # PRPL 94-004 and PRPL 94-005 Northwest corner of Lawrence Road and the LWDD L-21 canal B. Master Plan Modification 1. PROJECT: LOCATION: DESCRIPTION: Cedar Ridge PUD (resubmital of project) File # MPMD 94-009 East side of approximately 900 Road. High Ridge Road, feet north of Miner Request for modification to the previously approved PUD master plan to allow exclusion of 11 acres from the PUD, a reduction in the number of units (197 to 148), change in type of multi family units (garden apartments to townhouses) and establishing setbacks for same, phasing of the required improvements and amended master landscape plan. Page 2 Technical Review Committee Tuesday, January 24, 1995 NOTE: Written comments (on legal sized paper) and plans/documents, are to be returned to the Planning and Zoning Director by Friday, January 27, 1995 at 5:00 p.m. (three working days following the TRC meeting). II. REVIEW OF TECHNICAL REVIEW COMMITTEE SITE PLAN REVIEW COMMENTS RECEIVED A. NEW SITE PLAN 1. PROJECT: LOCATION: DESCRIPTION: Nautica PUD File # NWSP 94-009 Northwest corner of Lawrence Road and LWDD L-21 canal. Request for site plan approval of the private recreation area, perimeter landscaping and entrance walls. B. MAJOR SITE PLAN MODIFICATION 1. PROJECT: LOCATION: DESCRIPTION: 2. PROJECT: LOCATION: DESCRIPTION: C. TIME EXTENSION 1. PROJECT: LOCATION: DESCRIPTION: Christian Come Alive Deliverance & Conference Center, Inc. File # MSPM 94-009 3664 Old Dixie Highway Request for approval to modify the previously approved site plan to convert a construction office to a church and upgrade site improvements. Outpatient Properties, Inc. File # MSPM 95-001 Southwest corner of Seacrest Boulevard and S.W. 23rd Avenue. Request for approval to modify the previously approved site plan for the Ambulatory Surgical and Endoscopy Center to incorporate the vacant parcel, at the above-referenced location, to construct additional parking. Tara Oaks PUD File # MPTE 94-003 and CNTE # 94-005 Northeast corner of Knuth Road extended and woolbright Road. A request to grant an 18 month retroactive extension and indefinite time extension for PUD master plan approval and concurrency exemption.