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O85-35 ORDINANCE NO. ~"-~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 85~2~0OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITH/N THE CITY OF BOYNTON BEACH, FLORIDA, FROM PLANNED UNIT DEVEAOPMENT WITH A LAND USE INTENSITY OF 5.0 (PUD LUI 5.0) TO P~ UNiT DEVELOPMENT ~TH A LAND USE INTENSITY OF 5.0 (PUD LUI 5.0), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; ~ING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT AI,I. DEVELOPMENT OF SAID PROPER~Y SHALL P~ IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMIttED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH; PROVIDING A:CONFLICTS CLAUSE, A SEV55RABILITY CLAUSE, _AL~D AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, , has heretofore adopted Ordinance NO. 85-~20 in which a Revised Zoning Map was adopted for said City; and WHEREAS, Walboyn, Inc., as Applicant, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A-Zoning of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land consisting of approximately 86.91 acres located within the municipal limits of said City, said property being more particularly described hereinafter, from Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0); and WHEREAS, the City Council deems it in the best interest of the inhabitants of the City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to-wit: See attached Exhibit "A" be and the same is hereby rezoned from Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0), which intensity is determined to be appropriate under the circumstances represented to the City in said application and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Unit Development (PUD), specifically in accordance with the development plans and specifications therefor now on file with the office of the City Planner in the City of Boynton Beach, Florida, and all requirements, terms and conditions established and set forth in the minutes of the Planning and Zoning Board, and the City Council of the City of Boynton Beach, pertaining to the review and approval of said application, which minutes are hereby made a part hereof for reference and staff comments are attached hereto as Exhibit "B". Except as provided herein, the Applicant shall proceed in strict accordance with all ordinances of the City of Boynton Beach, including but not limited to its building, electrical, plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida, Department of Environ- mental Regulations. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. 1985. FIRST READING this ~/~ d~y of ~ SECOND READING and FINAL PASSAGE this day of ATTEST: CITY ~[( (Seal) CITY OF BOYNTON BEACH, FLORIDA. CIL MEMBER OUNC IL~MBER A PARCEL OF LANE) LYING IN THE S~T ONE QLlZdtTEROF 5EC'rIoN 1'8, T~tIP 45 S~, ~E ~1~ '~ ~~: .r -- '~J~l~ AT ~ ~T ~ ~T~ C~ ~ SAID SECT'Im 1~; T~E S~ ~9° 05' 50.05 F~ ~ ~ ~I~ ~ BEGI~I~. ~ID ~I~ ~ ~gl~I~.IS T~ ~I~ OF !~SECTI~ OF C ESS ~I~ ~ ~Y BEI~ A LI~ SD.g0-~'~S~'~ ~ P~ WI~ ~ ~T LI~ ~ SAID SECTI~ ~8; ~E C~I~ S~ 8~ ~5~ 09" ~ST~ ~ ~ID ~ LI~ ~ ~ Sg~T ~ ~ WI~ ~ 5~ ~ ESTA~ l~.~ BY ~ ~C~ IN ~FICI~ RECKS ~ ~2gG, 107~ ~ ~ ~LIC .~S OF P~.~ ~, ~I~; ~E S~ 01~ ~ 2~" FE~ (~-~~ AT RI~% ~) ~LY ~ ~ ~ L~ ~ SAID SECTI~,IB, DIST~ ~ 1370.28 FE~ ~ ~ ~ R!~ ~ ~Y LI~ ~ ~R~ST 2~ A~ (~ TI~ ~ 0~° ~ 2~" ~S~, A DIST~ ~ !220.~5 F~ TO ~ IN%~SECTI~4 Wi~ ~ ~- 21~ ~ ~'DI~ ~ 1253~52 ~ ~ ~ ~~LY ~1~ ~ ~ ~ST Li~ ~ LOT I~, ~IYISI~ SECTi~ 19, T~SHIP ~5 S~, ~ N} ~T~ ACC~DI~ TO ~ PLAT ~P~ ~ ~~ IN P~Y B~ 7, ~ P~E i~ OF ~LIC ~~ ~ P~ B~ C~ ~I~; ~ ~ O~ 09~ ON" ~ST~ A~ ~~Y ~1~ ~ ~ ~ST LI~ ~ L~ IN~ A DIST~N~ ~ ~.1~ FE~, ~E ~ LESS, ~ RI~ OF WAY L]~ ~ ~ ~~ ~ ~ ~ ~ ~ID ~DIVIS!~, SECT~ ~IP ~5 ~ ~E ~} ~T3 ~E ~ BB° ~5~ ~B" ~T, AL~ ~ID P~ ~ RI~ OF ~T LI~ A DIST~ ~ 1~35.7~ ~ ~ ~ ~SS~ TO ~ I~ERSECYI~ WI~ ~E Rl~ ~ ~Y ~ REC~ IN ~IC!~ ~C~ B~ 1290, P~E 519 ~ i~ ~LIC P~ B~ C~ ~I~), ~ID RI~ ~ ~T LI~ BEI~ A LINE S0.OO FE~ ~SY ~ ~ P~L WI~ ~ S~T LI~ ~ ~ID S~YI~ 19; ~E ~ 00° 12' ~5" ~ST, ~ ~ID ~ RI~ ~ ~T LI~ A DISI~E ~ l~qB.17 F~, ~ ~ LESS, TO. T~ I~SECYI~ ~ ~ LI~ ~ ~ID SECTI~ I~j~ ~E ~ 8B~ ~N' ~6" WEST, ~ ~ ~ LI~ ~ID S~Yt~ 19;'A DIST~ ~ O.0~ ~.~.~ I~SECTI~ WI~ ~ WESY RI~ ~ WAY [I~ ~ ~SS A~ [~ RI~ ~ WA~ ~ ~SS A~ IS ~ PER RIG~ ~ WAY ~C~ IN ~ICI~ ~C~ ~ 1290, P~ ~1~ ~ ~ ~LIC P~C~S OF PA~ B~ C~, ~IDA) ~ID RIG~ ~ ~T LI~ BEI~ A LI~ ~0.00 ~ WEST OF~ P~LEL WI~ ~ LI~ ~ S~CTI~ IB;~IP N~ ~ ~E ~} ~T; ~ ~ O1° NN' 21" ~T, ~ ~ID WEST RIG~ OF ~T LI~ A DIST~ ~ 126~.1~ FE~ ~ ~ 5~ RIG~ OF ~T ~ID ~~T 22~ A~; ~E C~I~ ~ Ol° ~ 21" ~T~ ~ ~IO ~ST RIG~ LESS THE RIGHT OF WAY FOR N.W. 22l'13 AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 1785, PAGE 15~95 1O FEET ADOITiC~,~.L. RIGHT. OF i/AY FOR cCI'¢~RESS 'AVENGE AS R. ECORDED IN OFFICIAL RECORDS EK)C~ 3550, PAGE 1115 T~ 1120, INCLUSIVE, ALI_ IN THE IMJB! ~C RECORDS OF PALM BEACH' ~-(:OLt,,q'Y; ' FLOP. lO~. - ............... - ............. ~ .... "- .....Exhibit ~ - ALSO LESS A PARCEL DE LAND LYING iN THE NORTH'HALF' OF THE'N~I~THEAST QU'ARTER OF SECTION'I% TOWNSHIP q5 ~UTH~ RANGE ~3 EAST, AND IN T)IE SO))T)I HALF OF THE SOU[HEAST QUARTER OF SECTION 18, TOWNSHIP ~] ~I.ITtl, RANGE ~l EAST, PALM:BEACH COUNTY~ FLORIDA, SAID LA-N~-~EI~ MORE PARTICULARLY DE~EJBED ~ FOLLO~5~ ~~CIN~ AT THE ~RTHEAST CORNER OF ;ECTION !~.' THEN . " ' ~ --~-~ ...... ~ ~H~ ~ORTH LINE OF SECTION J g~ ~ DISTA~E OF ~O.O7 FEET TO A ~JNT;. 5~ID ~INT BEING TIlE ~INT OF ~EGINNJNG ON THE WEST RIGHT OF WA~ L!NE OF CONGRESS AVENUE AS ~ECORDED JN OFFICIAL RECORDS-~K 3560, PACE J JJ5 THRU 1~20, PALM B~ACH COtINg, FLORIDA[ THENCE WITH A BEARING OF SOUTH O' 12' 52" E..A, ST~ ALONG ~E ABOVE MENTIONED WEST RIGHT OF WAY LINE OF CONGRESS AVENUE A ~ANCE OF i2e3:3g FEET TO A POINT ON THE NORTHERLY CF WAY LINE OF THE BOYNTON CANAL~T}IENCc~ WiTH A BEARING OF SOUTH T,,~_~'.~ A~EAR[NG-OF.NORTH ~ ~7~ 0~" EAST A D~STANCE O, ~..~..~,O~ FEET TO A F~NT~ ~HENCE_~dJTH A BEARING OF NORTi~ ~ ' ~:' 2~ ~T, A '~IsTANcE OF 292.00 FEET. TO A ~iNT~ ~E,~CE. WITH A B~.::AR~C. OF:-SOUTH $~ ~5' 3~ EAST, A-DISTANCE OF 12~.16 FEET' TO A P(")iNT~ THEN~ WITH A BEAR{NG OF NORT}i_ 67' O.g' O~ EAST A [~tSTA.NC:~ OF }3q.~ FEET .TO.A-~INTi THENCE :WITH -A BEAR~ OF_NORTH .03* ~e' 57" WEST, ~ DIStANCE-OF '~1~.9~ FEET-TO A POINT} THENCE WITH A BEARING OF NORTH 8~' ~" 3~ WEST, A DISTANCE OF 70.00 FEET_.TO A POINT; THENCE -- W'}TH A BEARING OF'NORTH 0}' ~* 2I" E~T, A DISTANCE OF 130.00 FEET ~t) A POINT} THENCE WITtt A BEARING OF NORTit 53' 30' O0" wEST, A DISTANCE OF ~9. I6 FEET TO A ~}NT; THENCE WITH A BEARING OF 0~' ~' 2}" ~AST, A D1 STANCE OF 95~.2~ FEET TO A POINT~ THENCE W~TH A BE~,RING OF,t~UTH ~8- lY 3~' EAST~ A' DiSTANCE OF 2~.01 FEET TO A POINT; T}tENCE WIT}{ A BEARING OF ~RTH Og' ~' 22" EAST, A DISTANCE OF 65.20 FEET TO A ~INT iN A CURVE BEING CONCAVE TO THE NORTH~RADH~S OF 600.00 FEET, A CHORD BEARING OF ~LITit 8q qO' 39" EAST, A CENTRAL ANGLE OF l' lO' 02" A DISTANCE OF 7}.05 FEET TO h POINT; THENCE W!TH A BEARING OF ~UTH 8~' I}' 3~ EAST, A DISTANCE OF 199.3q FEET TO A POINT; THENCE WIT[I ~ BEARING OF NORT}! ~6' ~q' 21" EAST, A nlSTANCE OF 3I,,3~ FEET TO A POINT; THENCE WITH A' BEARING OF SOUTH Oi' q~' 21" EAST, A DISTANCE OF 62~20 FEET TO THE ~INT OF -'~-~.TAINING 86,91 ACRES ~:)RE OR LESS. UBUECT.,TO ALL ~S~S~ RESTRICTIONS, RES~'RVATIONS AND RIGHTS OF WAY OF RECORD. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1985 to minimizing the curb cuts along Congress Avenue and pointed out their exit is located across from Motorola with a signal and he believes that is a proper location for a collector to exit. Mr. Ciklin stated they have studied this and are pre- pared to do whatever is required by the subdivision regulations. He is not sure if running a road through the center of the project is either required or good planning. If required, they will do it, but would like to reserve the right to find out if it is required. He is not prepared to commit tonight. Mr. Cheney referred to alternate suggestions and Mr. Ciklin agreed they would work with the staff. Mr. Cheney stated he did not know how it could be approved with not knowing how the property will be accessed. Mr. Ciklin clarified there is legal access already to the residential property to the rear, but the question is where the secondary access is going to go. DiScussion followed regarding access to this site and Mr. Cheney clarified that access to the reSidential must be at the Signalized intersection and must be an 80 ft. collector road and Mr. Ciklin has agreed to submit a proposal. Mr. Vance suggested this to be tabled until getting an answer. Mr. Ciklin clarified that there are already two accesses to the C & R property in the rear. They will meet the regula- tions of the subdivision requirements. They don't think it is good planning to run a collector road through a commer- cial development, but will do whatever the law requires. They will work with the staff. The only thing this approval means is to let the rest of the PUD stand on its own. C & R Properties have two accesses in existence and are fully pre- pared to comply with the subdivision regulations. Mr. Cheney questioned the location of the two access roads and Mr. Russell Scott pointed these out on the plan. Mr. Cheney s%ated with such an important issue as access to a PUD, it is up to the Council whether they are satisfied the staff and developer can work it out or whether they want some say in it. Vice Mayor Ferrell replied that it should be worked out, but he is not in agreement with a road going through the shopping center. There was a lengthy discussion concerning the location of possible access points. Councilman Wright then moved to approve this request subject to resolution by the staff and developer. Vice Mayor Ferrelt seconded. Under discussion, Mr. Vance added that the Council will see it again because the ordinance must be done for rezoning and if not worked out by then, it can be turned down. Motion carried 5-0. - 24- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1985 Mr. David Pressley, Riteco Development Corp., questioned the status of this PUD if a resolution is not agreed to and Mayor Zimmerman replied they would not have a valid PUD. Mr. ed that prepared, which ey nt: to sure in~ ~ .him the re so Mr. no awhi .der of the PUD. have been conducted. rdinances will be pre- one rezoning to .C-3 and ing air of the ~Mr. property if e didn',t know if f not workeld out. ~th~er or none ~s the firSt two, ~lon relating to the ~ave~to contemplate that for DEVELOPMENT PLANS request for site plan approval to construct a apartment complex located on the north side of Oi east of U. S. 1. This request was submitted by Ricciuti, Jr., President/Agent of Ricciuti Con- struct~on, Inc. Mr. Annunziato recommended approval and added it was reviewed by the Planning & Zoning Board and Community Appearance Board and unanimously recommended for approval. CounCilman~Cassandra moved for approval, seconded by Vice Mayor Ferrell. NO discussion' Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 85-16 - Re: Noise Ordinance Mr. Vance read proposed Ordinance No. 85-16 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15. OFFENSES - MIS- 'CELLANEOUS, ARTICLE I. IN GENERAL. OF THE CODE OF ORDI- NANCES, CITY OF BOYNTON BEACH, FLORIDA, BY REPEALING IN ITS ENTIRETY SECTION 15.8. NOISE. AND BY SUBSTITUTING - 25- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1985 Mr. Jose Joeber, S. W. 1st Court, stated if this development is not approved, high density residential will be built there. A conference center is needed. There is no reason why people shoUld be shoppi~ in other areas when we can provide adequate shops in this area. Mr. Albert Blanchard, Vice President of C & R Developers, who owns adjacent property, stated they are enthusiastically in favor of these plans. It will be a great asset to the area and a tremendous benefit to the economy. Mr. James Durbin told about his professional hotel experience and stated he thinks Boynton Beach would be well served with this facility which is badly needed. He feels this is well located and will serve the city well. Mr. Bob Banting, 2706 S. W. 8th Street, stated the reasons that this is a good project have been pointed out and the only possible negative aspects are the roads. However, the property is presently zoned multi-family/high density and if built that way, it will create additional demands with traffic, services, schools, etc. There will be traffic either way. He then told about banquet meetings having to be held in West Palm Beach because of not having the proper facilities in Boynton Beach. He is in favor of this project. Mr. Fred Isler referred to watching Boynton Beach grow for the past ten years and stated the absence of a full service hotel has been conspicuous. He told how conference centers and convention facilities are needed by the residents of this city. He feels strongly that a full service hotel is needed. Mr. Cheney clarified that it is felt this is an excellent project, but there is the question of the location and traffic impact. Also, if this is rezoned, there will pro- bably be the same request from the owner across the street. The consideration must be the quality of this project com- pared to the problems. Mayor Zimmerman referred to hotels being planned in the Boynton Beach Park of Commerce and also along the interstate at the south end and Mr. Annunziato agreed. Mr. Annunziato stated that a Planned Commercial District classification cannot be superimposed on this after approval. Councilman Cassandra questioned build-out time if approved and Mr. Ciklin replied two to three years. Mr. Annunziato added if it were sewer and water in question, a new plant would be built, but the roads cannot handle the capacity. - 22 - REGULAR CITY COUNCIL MEETING BOYNT©N BEACH, FLORIDA MARCH 19, 1985 Vice Mayor Ferrell commented that it appears some of tive things would occur under the present zoning. On positive side, he sees things like reducing the popula use of water, etc. He - his own but to g° out of town in o have 50 or 60~ He thinks there is a need for this facility an the problems. Vice Mayor Ferrell made a motion to approve this seconded by Councilman warnke. ViceMayor Ferrell ified this was to approve the land use amendment change. Under discussion, Councilman 'ight commented that he thinks it will be a grand thing each and coming. H~ has seen qu ~by oCean iProPerties and ~his is needed in Boynton Beach.~ As requested, Mrs. Boroni a roll call vote on the motion as follows: Vice Mayo~ Councilma Councilman Warnke Councilman Wright Mayor Zimmerman - Aye - Aye - Aye - Aye - No Motion carried 4-1. Vice Mayor Ferrell made a motion to approve the request for rezoning, seconded by Councilman Wright. No discussion. Motion carried 4-1 with Mayor Zimmerman dissenting. Consider request for rezoning from Planned Unit Development with Land Use Intensity = 5 to a new Planned Unit DeVeiopment with Land Use Intensity = 5 submitted by Alan Ciklin, Esq. for Walboyn, Inc. This request resulted from the proposed removal of 25.77 acres from the approved Catalina Club PUD and the necessity to adopt a new master plan for the remaining acreage. Mr. Annunziato stated the land use intensity desired is 5 and a master plan has been submitted. It is recommended for approval if the commercial development was approved. In reference to access, it is suggested that a collective road be platted through the commercial piece to serve the rear of the residential piece. The Planning & Zoning Board recom- mended denial because they recommended denial of the first tract. Councilman Cassandra asked if the density would be increased and Mr. Annunziato replied negatively. Councilman Cassandra asked if the developer agrees with the access road stipulated and Mr. Ciklin replied they agree a road has to go through the property to serve the back property. Mr. Annunziato referred - 23 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1985 Mr. Tom McMurrain, Vice President, Ocean Properties, Ltd., told about their experience building'hotels throughout the country and locally and awards won for their building accom- plishments. He then explained the plans proposed for this property. Councilman Warnke questioned the seating capacity of the con- ference center and Mr. McMurrain replied it would probably be 400 to 500. Councilman Wright commented that it should be at least 600 and Mr. McMurrain replied that could easily be incorpOrated. Councilman Wright referred to executive suites and Mr. McMurrain agreed these are always included and ex- plained. Mr. Steve Godfrey, Professional Engineer with Kimley-Horn & Associates, explained how their studies indicate with rea- sonable and feasible improvements, adequate capacity can be provided for the traffic. He explained how traffic antici- pated both with the 1-95 interchange and without it would be handled. He stressed that it can work and work well. Mr. Russell Scott, Urban Design Studio, referred to the need for a quality hotel and conference center and explained how this location would be preferred considering the surrounding land uses. Also, there will only be three access points onto Congress ~venue from this development. He stressed that this site is accessible from major roads in the area and is compa- tible with uses in the area. They feel this project meets the standards set forth in the comprehensive plan. Attorney Alan Ciklin referred to this being a first class developer and stated Boynton Beach lacks a hotel and confer- ence facilities. The question is whether it works from a traffic standpoint. The traffic engineer has explained how the roads can handle this project when it is built with no problem. It was pointed out the location is compatible with other zonings in the area. He thinks this is a real oppor- tunity not just for the developer and owner Of this particu- lar project, but also for the City to add a much needed development by a developer who is top of the field. Councilman Cassandra expressed concern about the property being sold after rezoning and. Mr. Ciklin replied that unfor- tunately the planned commercial ordinance is not in effect, but they have given representations of their plans. He believes if this developed differently, the city would have a legal basis to take away the zoning. They are making a voluntary public commitment telling what they are showing is exactly what is going to be built. They assume these are promises which cannot be broken and they will not be. They are prepared to work with the City Attorney and city staff to come up with a set of voluntary recordable restrictions - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1985 to further assure, subject to city approval, what is seen is what the city will get. He referred to Ocean Properties being committed:to the city and told about their reputation. Mr. Vance asked if he was agreeing this property must be subdivided if the C-3 zonin~ and Mr. in re- plied that it would have to ing a subdivision with f~ ~ Ciklin replie~ to be ~ld be ~ if they creat- parcels. The i plat to the three ou if they the Mayor Zimmerman asked if the city could get involved in deed restrictions and Mr. Vance replied negatively. Mr. Ciklin suggested the city could enforce deed restrictions if they are an acceptable mechanism to the City Council and Mr. Vance replied that he knows of no existing example of that in the state. Mr. Vance added that a Planned Commercial ~istrict ordinance is being drafted which would give the city a solid handle on such a project. The only real handle we have at this point is the platting process Councilman Cassandra clarified that his concern is how good their word is that this will be built and Mr. Vance replied the only solid legal ground is the plat- ting process, but the planned commercial development, approach gives a lot of control. Councilman Cassandra asked how this developer could be committed to following the PCD and Mr. Ciklin replied he is sure if the city within two months decides to.pass a PCD ordinance, they would have no problems of having the City change their designation from C-3 to PCD. They will agree to it when adopted if they can move ahead now with ~the C-3 zoning. After further comments, Mayor zimmerman asked if anyone else wanted to speak in favOr of this rezoning. Mrs. SusaniFair~ 2709 S. W. 5th Street, stated she is here tonight in full support of this project. She feels this is an important issue for Boynton Beach. She feels we should have the opportunity to have a first class, top quality hotel and conven~on Center in Boynlton Beach and the perfect loca- tion is on Congress. Avenue. Mr. Don Zy~o referred to the ilack of ~cilities in Boynton Beach and stated this Proposail will not 0nlY increase rooms y 50~, but add needed convention facilities. This is a natural site for a hotel/convention complex and it will not block the view of the Intracoastal. The Chamber of Commerce requests favorable consideration of this proposal. - 21- REGULAR CITY COUNCIL MEETING'~ ~t ................ BOYNTON BEACH, FLORIDA MARCH 19, 1985 Mayor Zimmerman asked if anyone wished to speak in favor and received no response. He asked if anyone was.opposed and re- ceived no response. Councilman Wright moved to approve the recommendation of the Planning & Zoning Board relative to the remainder of the plan, seconded by Vice Mayor Ferrell. Under discussion, Councilman Cassandra stated he has a few items which he wants to see the individuals ~about and will do so instead of talking about them now, such as signs, etc. Motion carried 5-0. Consider request for an abandonment of a special purpose easement in order to facilitate the development of the Gateway Centre ShoPping Center on West Boynton Beach Boulevard between N. W. 7th Street and N. W. 8th Street, south side. This re- quest was submitted by Jeff Sherman for Alfred Marulli, Jr. Mr. Annunziato informed the Council this will facilitate the construction of the Gateway Shopping Centre, It was reviewed by the Technical Review Board and Planning & Zoning Board and comes with a positive recommendation subject to the applicant satisfying the requirements of the utility companies and the City Utility Department. Mayor Zimmerman asked if anyone wanted to speak in favor or opposition and received no response. Councilman Cassandra asked if all the people involved approved the abandonment and if the applicant agreed to pick up the tab for the 12" water line. Mr. Jeffrey Sherman stated the 7-11 is still getting water~ and they are not abandoning their ease- ment; the easement:abandonment only concerns the property the applicant has purchased. Mr. Cheney pointed out one of the conditions is that the applicant pay the city the cost'of tapping the 12" water line on Boynton Beach Boulevard to give the existing building a new service so the rear easement and the existing line can be abandoned and asked if they agreed. Mr. Sherman replied affirmatively. CounCilman Warnke moved that this request of abandonment of the special purpose easement be approved, seconded by Council- man Wright. No discussion. Motion carried 5-0. Consideration of acquiring a Department of Community Affairs finding that a letter relative to development of regional impact is not required. (Walboyn mixed use commercial development) Mr. Annunziato stated when this application was first presented to the staff, questions were raised whether this development was one of regional impact. The County Traffic Engineer and Kimley-Horn Associates both responded they see no reason for consideration of this project as a DRI. - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1985 Councilman Warnke moved to agree no bonding letter is needed, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Consider request for an amendment to the Future Land Use Element .of the Comprehensive Plan from High DenSity Residen- tial to Local Retail and for rezoning from plann~.d Unit Development with Land Use Intensity = 5 to. C-3 (CommunitY Commercial District) , This request was submitted by Alan Ciklin, Esq. for Walboyn,: Inc. and it is located in the north- and and the uses proposed are a 200 room he ~nvention center, 75,00~ s~Uare feet of 2,000 square feet of retail floor space. Mr. Annunziato explained the location and told about the sur- rounding land uses. He lined the proposed development plans. He then ennumera~ ~ aspects. He concluded tha ~ the additional traffic generated which will add to the congestion and he explained what was anticipated. The Planning & Zoning Board voted 4-3 recommending denial of this application. He thinks this motion showed the want to have such a project, but not in this location. Councilman Warnke asked if this was developed as high density residential, what would be the traffic impact and Mr. Annunziato replied there w6uld still be level"D of 85 to 86%. Councilman Cassandra clarified that it was being said they cannot develop commercial here because of the traffic projec- tions and Mr. Annunziato replied that the saturation study states at build-out, it will be congested without the 1-95 interchange; but with the interchange, it would still meet level D. Councilman Wright questioned the .possibility of~the inter- change and Mr. Annunziato replied that he believes it is fairly good. Mr. Cheney added the main question on the inter- change seems to be agreement the interchange will be justified. A current feasibility study is being done and will probably show it is justified. Then, an environmental impact study must be done addressing~the impact to the east. He further explained how the main question was the funding for the inter- change. Attorney Alan Ciklin introduced three people to speak on be- half of this application. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 for the record and to clarify this, the Board should act on both of these applications. It was Attorney Ciklin's understanding that when the motion to deny was 4-3, the 4-3 vote meant all three petitions. If the Board chose to go throUgh another public hearing on the other two, Attorney Ciklin said that was fine, and they would wait. He understood the vote was on all of their requests. In order to save the Board time, Attorney Ciklin said they would accept and state it for the record. It was generally the same issues, and he said they would move on Unless the Board chose to have a separate public hearing. Mr. Annunziato recommended that they go through the format of conducting~a public hearing. If there were no speakers, they could get through it quickly. Attorney Ciklin wished the record to reflect that they did not concur with the vote. Mr. Annunziato referred to the point made by Vice Chairman Winter, which was that, in effect, the second application did not make sense without the first. Mr. Annunziato said the request before the Board was for the remainder of the Congress Lakes PUD (a/k/a Catalina Club) less the 25.77+ acres. For the reasons stated in his Memorandum of Mar~h 6, 1985, the Planning Department recommended that this appli- cation be denied. Mr. Gregory asked if it would not be to Attorney Ciklin's benefit to just withdraw the request on the other two rather than to have them denied. Attorney Ciklin replied, "No," and explained that they are going to move ahead with this. Since the public hearing was being conducted, Attorney iklin said some statements were brought out by some Members uring the course of the last public hearing that he thought were totally inaccurate, and he wanted to bring them to the Board's attention. Attorney Ciklin showed a land use analysis of the area. The red was either commercial or industrial useage, and Attorney Ciklin pointed to the sub- ject parcel. There were suggestions that this parcel would create a commercial precedent to the north. As they could clearly see, Attorney Ciklin said Savannah Square is further ~o the north. If a precedent was created, it was created by past approvals. Attorney Ciklin pointed to an area and said, secondly, there was a suggestion that perhaps a precedent was created there. As the Members could see by the deBartolo Mall, he said the precedent had been created already. MI~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Beyond all that, Attorney Ciklin thought perhaps the hardest comment to swallow was the comment that this is strip:commer- cial. In his mind and in the minds of most professional planners, it was almost inconceivable that a project that contains 25 acres and has a courtyard type of effect with a hotel and conference center could be considered stric~ com- mercial. Attorney Ciklin told the Board that Ocean Proper- ties does not dO, strip commercial. They do hotel andi~confer- ence centers. There is a way to prevent strip commercial besides it being a planned ,mmercial development. ~l the way to .o that is to haVe: the ~ !Y put a restrictive covenant on the property thatlit.will not be: developed in strip commercial, in ~small parcels. He said this developer would be pleased to do that because this developer will do exactly what he:had shown!the Board. Although the Members were cautioned by Chairman Ryder not to look at the pictures, Attorney Ciklin said those pictures were exactly what this developer was gOing do. He under- stood the concerns of the Members and cou] .ly tell them that, based on the applicant in this particular situation, the concerns were unfounded, Lastly, Attorney Ciklin informed the Members that this particular person was not an owner of the original Catalina Club PUD but purchased the property within the last six months and sought to change specifically for the hotel and conference center. Mr. Annunziato referred to Attorney Ciklin's comments about planning. He admitted that they commented one could argue that it was an important issue but did not discuss it as an important issue, and they pointed out that it was unlikely that it would be divided up into 75 foot lots. However, Mr, Annunziato said the potential does exist, and the plan he saw that was submitted did propose the creation of two out parcels at the entrance road. One could argue either way. Mr. Gregory moved approval of the request. Frankly, Chair- man Ryder did not know how Mr. Gregory could do this but said he could try. The motion died for lack of a second. Mr. Linkous moved to DENY the request, seconded by Mr. Mauti. The motion to deny carried 6-1, with Mr. Gregory voting against the motion. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 demands for the area change, Mr. Gregory thought they were probably looking at the highest and best use of this land, given today's circumstances. Chairman Ryder disagreed, saying the City does not want another Federal Highway where you have curb cuts every forty or fifty feet, and that is what this could lead to. ME. Linkous informed the Members that there are 223 acres within three miles zoned for that particular purpose. Mr. G~egory said that may be true, but the applicant was propos- ing an immediate use of a public hotel that is much needed ih the City; the people can enjoy that facility, and it will a~d to the commerce element of the character of the area and of Boynton Beach itself. Chairman Ryder remarked that the City does not like commercial zoning. Mr. Gregory thought they had to come into the 20th Century. Chairman Ryder argued that the Board Members are told this is good for the City. The applicants would not be here if the9 did not think it was good for them. Mr. Gregory said the Board Members had to consider the overall picture of how it would best benefit the city and how they can bring it on board to take full advantage of that. Chairman Ryder had no objection to what they planned. His prime objection was that they were undertaking to change the zoning, and he did not believe it was right to go with the whim of any applicant that comes around wanting to change the zoning, particularly when they start out on one basis and then have second thoughts. He contended that it was not he way to go. They do not let an applicant come along and ell the City what is good for it in the way of zoning and ezoning. MS. Gregory did not think that was the case. Chairman Ryder reminded him that the applicant started out residential. Mr. Gregory agreed, but argued that the char- acter of the entire area has changed, and perhaps the County' asremiss in alloWing C-3 for the deBartolo Mall Chairman yder and Mr. Linkous informed Mr. Gregory that t~e City was responsible for the deBartolo Mall. Mr. Hester understood these are reputable builders, from That everyone was saying If it is C-3, he imagined the applicants would not go against what they propose to do. it is supposed to be built out in two or three years, and the oynton Beach Park' of Commerce would be 20 years. Mr. Hester hought the Board Members should look at what is needed now. s far as he Was concerned, Mr. Hester thought it should be  eveloped as a hotel, and he thought it was a good location. ranted, there may be strip commercial zoning, but Mr. M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Hester said it is next to the mall, which is commercial, and further down the street Savannah Square is coming in. Mr. Linkous commented that they did get some input from people. Chairman Ryder informed him that the Board~received some letters, and some of them live in.Sand & Sea. Mr, Pagliarulo noticed that no one objected to this. Mr. Mauti did not think the Board asked if there were any objections. Chairman Ryder disagreed, saying he asked if anybody wanted to be heard. Mr. Gregory moved to approve the request, seconded by Mr. Pagliarulo.~ At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. The vote was 3-4,. and the motion was DENIED. Chairman Ryder, Mr. Linkous, Mr. Mauti, and Vice Chairman'Winter voted against approving the request. Mr. Annunziato said it should be an affirmative motion. The motion was to approve, and there should be a motion to deny. Mr. Mauti moved to ~ the request, seconded by Mr. Linkous. The motion to deny carried 4-3 with Messrs. Gregory, Hester, and Pagliarulo voting against the motion to deny. REZONING Project Name: Agent: Owner: Location: Description: Congress Lakes PUD (a/k/a Catalina Club PUD) Alan Ciklin, Esq. for Mark Walsh Riteco Development Corporation and C&R Developers, Inc. West side of Congress Avenue on both sides of N. W. 22nd Avenue Request for rezoning from PUD with Land Use Intensity = 5 to a new PUD with Land Use Intensity = 5 resulting from the removal of 25.77+ acres from the original PUD, plus the adoptTon of a new master plan therewith Since the first item was denied, Chairman Ryder did not think they had any choice but to deny this one. Mr. Annunziato concurred but advised that they had to conduct the public hearing, get some input, and the Board should act on it in due course. Mr. Mauti added, "Unless the applicant withdraws it." Vice Chairman Winter advised that they had not removed the 25.77+ acres so, therefore, there was no application. Mr. Pagli~rulo pointed out that nothing had happened to approve the request. Mr. Annunziato said the Members' points were well taken, but a master plan was submitted. He thought, MfNUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 The questions subject to debate are: 1. Can the services that are needed to accommodate this particular project be provided? Attorney Ciklin believed the answer was a clear and unequivocable "Yes," and he referred to the traffic studies indicating there is a traffic capacity both on the short and long term. 2. Attorney Ciklin said the only objective standard the CDunty Traffic Engineering Department has in evaluating traffic is what is referred to as the County's traffic per- formance standards. If asked if those traffic standards have been met, Attorney Ciklin said the answer would also be, "Yes." 3. If they believed the applicant met the requirement to provide the services, Attorney Ciklin said the ultimate question was whether this is a good location for the project. He stated.that they think the location is undeniable. There is a need because the only one in town is the Holiday Inn at 1-95 and Boynton Beach Boulevard. Attorney Ciklin reiterated the location of the site and submitted that it is seldom, where there is such a need, that such a project like this comes along at a location which they strongly believe is perfectly situated. Attorney Ciklin stated that they were proud of the project, pleased to present it, and felt they met all of the Board's criteria. Chairman Ryder asked if anyone else wished to speak in favor of this matter. Owen Anderson, Executive Vice President of the Greater Boynton Beach Chamber of Commerce, said the Chamber supported this project, basically, because it is an ideal location. One of the responsibilities of the Chamber is to support tourism. Today there are 401 motel rooms in Boynton Beach, and all of our rooms today are not modern and up-to-date. The Holiday Inn added 100 rooms five years ago. Mr. Anderson said the Chamber thinks the project is definitely needed. Susan Fair, 2709 S. W. 5th Street, has lived in Boynton Beach for 13 years, and has watched every area but Boynton each grow. She fully supported the project and thought the location was perfect. Mrs. Fair said the City desperatel~ needs a nice hotel. Albert C. Blanchard, Vice President of C & R Developers, Inc., said they own property to the west and favor this M~NUTES - PLANNING AND ZONING BOARD BOYNTONBEACH, FLORIDA MARCH 12, 1985 100%. They looked over the plans, feel they are fantastic, and that it will be a tremendous benefit not only to the people of Boynton Beach but to the entire economy. Mr. Blanchard showed Chairman Ryder the property they own and said it was the remaining parcel of the PUD.. Chairman Ryder declared~that THE PUBLIC HEARING WAS.CLOSED. Chairman Ryder said they heard a lot about transportation and the interchang:e, and they were~factors but, in his opinion, the predominating factor was ~that it was a good thing but. did not belong here. He. said it was contrary to the plan the City has now and could very well lead to a com- mercial strip on the easterly side,: which is now zoned resi- dential, and the City does not want to see that. Chairman Ryder told the Members to forget about the pictures. What was before them was a hange in zoningi. I!f they go,to C-3, anything can happen, forte and can happen again. Chairman Ryder .ng!contemplated were out parcels, which the ~ at Be a. Chairman Ryder wanted to hear from Members of the Board. Mr.. Mauti asked if 't one before the ~Board not long ago that was a hOtel on N. W. 22ind Avenue just where the interchange on 1-95 would be. Mr. Annunziato thought Mr. Mauti was referring to the area (approximately 30 acres:) set asidei for a hotel, conference center, and retail in t~he Boynton Beach~Park of Commerce. Mr. Annunziato clarified that there was a major core area located central to the Planned Industrial Development (PID) on the south side of N. W. 22nd Avenue. There were addi- tional areas at High Ridge Road and N. W. 22nd Avenue in close proximity to a proposed interchange, which would pro- vide for hotel use. Mr. Linkous was still concerned with traffic. Once it is completed, supposedly, there will be 13,000 employees at the Boynton Commerce Center, 6,000 at Motorola, and he did not know how many were projected in this configuration. Although he thought Mr. Godfrey made a good presentation relative to traffic, Mr. Linkous was not satisfied. Mr. Gregory thought they had to look at what was said tonight in that he thought this particular project was eminent and something the people of Boynton Beach will re- ceive an immediate benefit from. With C-3 to the south and C-2 to the 'north, Mr. Gregory said the project was building to those two corner areas. It seemed to him that it would be a logical thing to happen in that particular area. As - 25 - M~NUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 because he thought there was every reason in the world to believe it will occur. If it did not, the impact they projected (2% increase in traffic) likely will never occur during peak hour. He believed most people would not go through congested conditions to go shopping. Mr. Godfrey noticed there was discussion regarding access and the desirability of commercial at intersections. As a Traffic Engineer, he said this particular location is excellent for this project in that its primary access is across the street from Motorola, which has been already designed for signalization. Mr. Godfrey presented a graphic to the Members for the comparison of traffic generated by this project and some other projects which the Board recently considered. He said they were peak hour trips. Catalina Center was somewhere in the neighborhood of 700 trips; Catalina Club was slightly less; Motorola was about the same as Savannah Square, and they were greater; deBartola was quite a bit higher; and Boynton Beach Park of Commerce was significantly higher b~cause of its employment base. This project has some impact but, relative to some other considerations, it is r~latively small. Professionally, Mr. Godfrey had a problem with the concern that this project was breaking the back of the transportation system. ID conclusion, Mr. Godfrey said they demonstrated in their studies that the project can work well with specific improvements to Congress Avenue, and it can work in a short term when an interchange at 1-95 and N. W. 22nd Avenue is not required. In a 10, 20, 30, 40, 50 year time frame, there will be substantial improvements to the street system. If the Board, the City COuncil, County Commission, the State D~partment of Transportation, and Department of Commerce do n pt make it their business to see that the 1-95 and N. W. 2nd Avenue interchange come into fruition, they will have Dngestion, and it will be significant. If it does, Mr. Ddfrey said the net number of trips generated by this roject in a peak hour will most likely be related to the ~ailable capacity because people can make alternative travel ~cisions. Right now, the interchange is going through a justification study to determine its feasibility. In the wisdom of what has already gone forward in the review by the County, the Region, and the City, and the approval by the Department of Commerce and in view of the requirements of them to fund the study that Kimley-Horn Associates is now doing and to con- tribute significant dollars to the implementation of the - 22- M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 interchange, Mr. Godfrey thought someone had a suspicion that it is feasible. The next step will be approval, and Mr. Godfrey had ~every reason to believe the interchange is approvable. They looked far enough to know that interchange spacing is adequate, which was.the major concern of~the Federal Highway Administration. Mr. Godfrey said they do not have all of the answers.on the funding, and he referred to the answer they had on 1-95 to the north. He knew they already had a significant amount of dollars in the bank from the Park of Commerce and~said this development, through its contribution towards impact fees, as well as other area development can make appropriate contributions. He added that that they may also be able to talk "Uncle Sam" into a few dollars~ Mr. Godfrey estimated that !the ~mplementation of the inter- change most likely would occur in the 10 %o 15 year time frame. It will not be here tomorrow, and no traffic projec- tions show it needs to be here ~tomorrow. Mr. Godfrey indicated an area on the plan that was in the neighborhood of 80 acres and said i% was. designated by the County as having commercial potentiaL, although it is not currently known as commercial. He sa~id iit was considered as commer- cial in the saturation study and has already taken up a certain amount of capacity ~t the critical~ intersection of Boynton Beach Boulevard and Congress Avenue. If the 80 acres were not rezoned as commercial, Mr. Godfrey said the operating conditions ait the Boynton Beach Boule- vard/Congress Avenue intersectiion would be better than what is projected. Relative to the questions raised by staff on the .975 peak hour factor, Mr. Godfrey said, given the relevant level of traffic demands at that time of day, it was an appropriate factor. Attorney Ciklin believed there were some facts that were not subject to dispute: 1. Ocean Properties is a first class, quality developer. 2. Although the City of Boynton Beach is one of the most dynamic growth areas in South Florida, a hotel and conference facility is significantly lacking in the city. 3. This particular project will generate only in construc- tion costs approximately Forty-five Million Dollars within the city. Mi~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 have functions such as wedding receptions. It will be a big room that will be open to the public. One of the most important aspects of their business has become the commer- cial customer, and they need a lot of rooms year round. In addition, they will wrap the retail. The idea is the aesthetics, and that is to blend everything together. Mr. McMurrain said they use a Spanish Mediterranean motif with tile roofs, and the retail, hotel, and office building will be connected with walkways. In between all of the stores, they plan to put high towers and archways, so the appearance will be there. All of that will be in front of the lake. Behind the lake will be a lot of landscaping. Mr. AnnunZiato believed if there is going to be a major hotel built in Boynton Beach, the City would be very lucky to have people like Ocean Properties build it. Attorney Ciklin said Steven G. Godfrey, Professional Trans- portation Engineer, Kimley-Horn and Associates, Inc., 5800 Corporate Way, West Palm Beach, Florida 33407, would answer questions which would include (1) whether the roads in this area can handle the traffic of this project today; (2) whether at ultimate build out the roadways can handle the traffic; and (3) the effect of this project on the road- ways and the magnitude of that effect, if any. At the very outset, Mr. Godfrey said they conducted a detailed traffic analysis and found that at the time the Catalina Center is built out in the next several years, there is either sufficient capacity on the street system to provide an acceptable level of service with some reasonable improvements as in the case with Congress Avenue and Boynton Beach Boulevard. Mr. Godfrey commented that it was interesting to note that the improvements (six laning of Congress Avenue through that intersection through Boynton Beach Boulevard) will be r~quired irregardless of this project, because the mall has b~en approved and other commercial development is coming on line, as well as Motorola. He said the improvements will also accommodate the planned Catalina Center development. One~.thing that came up as a result of their initial study was the question of what if everything builds out in the County that would impact these road systems and there is not enough capacity to solve the transportation needs. Something was done for this project that has never been done before. They looked some'30 to 50 years into the future to full saturation development of the County. In the study, they used the County's projections as to full development. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Godfrey said for the last three months, they have been working on this project with the City's staff and the County Traffic Engineering~and Planning Departments to tie all of this together, and they made sure the County Traffic Engineering Department was totally satisfied With every assumption and every piece of work that was accomplished. Mr. Godfrey told of hawing conversat Assistant!c( eer and, Ls late as the greed that all of the~data base in was~quite correct, as were the~Conclusions. At build out of the County, the area in Boynton Beach and west of Boynton Beach, without an interchange at 1-95 and N. W. 22nd Avenue, Mr, Ge will experience a level of service of "E" c intersection of Boynton Beach Boulevard and irregardless of the issue before the Board tonic He they will have congestion during the peak hour at tha~iinterchange, which should be no surF e ided in the Deuelopment 1 Mr. Godfrey said they~are currently in the a feasibility study so that interchange can Mr. Godfrey admitted that no one the inter- change but believed that this ty Council would not have approved the full of the Department of W~ ' Commerce lthout agreeing first due~time, course and process the interchange will frui%ion. Regardless of whether the interchange occurs or not, this parti6ular project, with the additional impac~ it ,ill,generate, will not alter the level of service. Thle d~ !ferential in traffic is about 2%, and they were talking it a potential level of service "E" condition in the 20 to 50 year time frame, whenever the City would like to believe this County will be built out. The Planning Departmen~ of Palm.Beach County says 20 to 30 years. Outside of the afternoon and peak hours, Mr. Godfrey said the level of service will be quite ~good.~ The reason the afternoon and peak hours tend to be a problem in this parti- cular area is the significant impact generated by major employers (Park of Commerce and Motorola). Mr. Godfrey told the Board Members a significant point they must consider was the particular nature of the project (Commercial), and it was an opportunity for patrons to use it at thei~ choice. Mr. Godfrey thought it was a remote possibility that the interchange of 1-95 and N. W. 22nd Avenue can never occur - 91 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Many hours were spent by Members of this Board in the development of the policies for locating commercial land uses, and Mr. Annunziato said they are to be located arterially. Here, they would have an extension beyond that policy statement. It would make more sense if the proposal was at the intersection of N. W. 22nd Avenue and Congress Avenue. Mr. Annunziato stated that in this instance, it was felt this was an inappropriate land use at this location. Based on his experience, Mr. Annunziato said they were not only talking about this request but also similarly located properties throughout the system. There is a large parcel of land across from the mall where the City has land plans for moderate density residential. It is zoned R1AA, and has been that way since 1975. There was no question in Mr. Annunziato's mind that if this property is rezoned, it will be more diff:icult to deny a rezoning at that location, and that will be. brought up in any form of litigation that occurs. M~. Annunziato said the applicant will argue that he is already impacted, but the decision of the mall was a distinct decision; Old Boynton Road and Congress were there; it was there, approved in the County, and was accomplished before the City annexed it. He did not think that could be brought into play because it was something that was given in the plan. Mr. Annunziato said the City is developing planned commercial d~velopment district regulations, and these seem to make more sense than a straight C-3 district regulation, if the city Council rezones the property. Also, it was pointed out that the opportunity exists for the creation of lots along Congress Avenue. On one of his plans, the applicant has shown the creation of two out parcels, which Mr. Annunziato said makes economic sense because it becomes very expensive property for a fast food restaurant, restaurant, gas sta- tion, bank, etc. Mr. Annunziato stressed that the City staff did not feel it should be treated lightly, as they felt there was a prece- dent which could affect the Comprehensive Plan. Because there is a capacity in the system, he said some comments would have to made with respect to the transportation ele- ment if the rezoning is adopted because then they would be talking about some funding mechanisms for an interchange at 1-95 and Congress. Mr. Annunziato added that there are a lot of "ifs"' in that project. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Alan Ciklin, Esq. introduced Mr. Tom McMurrain, Ocean Properties Limited; Mr. Steve Godfrey, Kimley-Horn Associ- ates, Inc.; Russell Scott, .Urban Design Studio, and outlined the procedure they would follow in making ipresentations for the applicant. Tom McMurrain, Vice President,~ Ocean Properties Limited, 8132 Glades Road, Boca Raton, Florida 33434, developer of the proposed hotel and conference room, passed out brochures to the Members, and i is a subsidiary of Ocean Pro' es. Ocean Properties has been in this years and has about 20 hotels throughlou country, four of which are in Palm. Beach County. One of their hotels is at A1A and Atlantic Avenue, Delray Beach. They received the most prestigious award (Torch Bearer) given for a Holiday Inn in 1982, and that was for their Holiday Inn at 1-95 and Glades Road, Boca Raton. Mr. McMurrain had pictures of the hotels, and the brochures showed the hotel lobbies and hotels under construction. Presently, they are planning a project at the intersection of Linton and 1-95 in Delray Beach. Mr. McMurrain said they feel this is a good location for a mixed use project. He showed the plan of Catalina Club and indicated the lake on the west side of their land. Across from them is Motorola, and the mall is to the south. The main entrance to the development is aligned directly across from Motorola's main entrance. There are two exist- ing multi-family resident units that have been built. Mr. McMurrain said they intend~to take those two units and make them into luxury suites, which they can rent to some of their commercial customers (IBM and Motorola) who come in for a week or two at a time and want kitchen facilities. He showed where they would put the residential units and said they would wrap the hotel around it. This will form a courtyard appearance where they will put the pool, do all of the land- scaping and put all of the amenities for the people staying in the hotel. Mr. McMurrain referred the Board Members to the site plan and indicated the entran:ce, where you walk in, which will be the same type they have at Glades Road. Skylights will be across the top, and the back of it will be the high arched windows that will see stiraight through into the courtyard. Behind it is where they are proposing the office buildings and conference center with probably 450 seats. They can MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Project Name: Agent-. Owner-. Location: Description: Catalina Center ~ Alan Ciklin, Esq., for Mark Walsh Walboyn, Iac. Congress ~venue at Boynton Canal, Northwest Corner Request for an amendment to the Future Land Use Element of the Comprehensive Plan to change 25.77+ acres from High Density Residential To Local Retail and to rezone from Planned Unit Development with Land Use Intensity = 5 to C-3 (Community Commercial) Mr. Annunziato handed out copies of a letter_ dated March 11, 1985 from Alan J. Ciklin, Esq., Boose, Ciklin, Martens & Lubitz, Eighth Floor, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409, in response to the Staff Report Memorandum dated FebrUary 27, 1985, and letters with comments on the public hearing from residents. Mr. Cannon referred to the memorandum from the Plannin~ Director to the Board, dated February 27, 1985, and said the Planning Department's primary concerns in this instance are the traffic generated and when the roadways of the city would be able to accommodate that traffic. He showed the location of the parcel and pointed out the surrounding land uses and zoning.mentioned in the memorandum, and read the entire memorandum. To summarize, Mr. Cannon said the Planning Department, in conjunction with all of the City staff, recommended against rezoning this property to C-3, and was going along with the County Traffic Engineer that the uncertainty with respect to the traffic levels on the surrounding roadways was the major basis for opposing rezoning of this property. He stated that they do not think it would be wise to be in favor of the rezoning or approve it with the assumption the applicant was making in his traffic analysis. Until some- thing is known about whether the N. W. 22nd Avenue inter- change is going to be built, Mr. Cannon said it would be unwise to rezone the property. ~ Mr. Cannon directed the Board Members' attention to the letter from Charles R. Walker, Jr., P.E., Director, Traffic Division, Department of Engineering and Public Works, Box 2429, West Palm Beach, Florida 33402, which was dated March 7, 1985. In his letter, Mr. Walker reiterated the Planning' Department's recommendations, and said without an interchange at.N.W. 22nd Avenue and 1-95, roadways serving~ this project would operate at an unacceptable level of MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 service (E). For this reason, the Office of the County Engineer felt the request should be denied until the 1-95 interchange haS been approved, scheduled, and funded. Mr. Cannon wanted to reflect on the importance of the appli- cation with respect to 70's the County C~ which provided for a Beach County. Basica talking about a tions 6f double lefts on ~ehensi, In the late plan, s in Palm you were ith intersec- When the application was proposed, Mr. Annunziato raised a concern as to what capa¢ system with respect t¢ closely related with yard and N. W. 22nd Aven~ and the County, the appllJ which took a list of zoned and property where kind of zoning and determined at this the system. Droughfare intersections each Boule- the City tion study, was already or a certain ~e. That remained in Mr. Annunziato advised that the s! two inter- sections: N. W. 22nd Avenue and ~nton Beach Boulevard and'Congress. Mr. Annunzi 'the Board Members' attention to the traffic prepared by Kimley-Horn for the applicant, entitled "LANiD USE SUMMARY" and "OPERATING CONDITIONS ~UMMARY" system without the Catali Center would see that the intersection of 22nd Street would o .e. at "D" saturation. At Congres~ without the Catalina , and the saturation is lights and maybe more. If 90% is a looked at the said they and N. W. and 87% Boulevard is "D" one or two With the Catalina Center, you do not see a tremendous increase (87% for Congress Avenue and N. W. 22nd Street, and 88% for Congress Avenue and Boynton Beach Boulevard). How- ever, Mr. Annunziato said this 87% and 88% assume that there is an interchange at Boynton Beach Boulevard and N. W. 22nd Avenue. Approximately 6,000 or 7,000 trips would be led off to the north~as opposed to coming south and going through the Boynton Beach Boulevard, Congress A% intersection. Without the interchange, the system Mr. Annunziato thought that was the thrust of the comments of the County Engineer and the City Staff.