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Minutes 04-22-86MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, APRIL 22, 1986, AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Jr., Councilman Dee L. Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James R. Vance, City Attorney Mayor Cassandra called the meeting to order at 7:30 P.M. AGENDA APPROVAL Attorney Vance added, "4. Proposed Settlement of About 15 Parcels On the Water Well" to the agenda. Councilman Zimmerman moved to accept the agenda with the addition, seconded by Councilman Hester. Motion carried 5-0. PUBLIC HEARING Request for a determination of no substantial deviation in connection with three proposed amendments to the Development Order (Ordinance 984-51), which approved the Boynton Beach Park of Commerce. The three proposed amendments are as follows: Section 93: The Amendment application procedure and the subsequent proceedings have been duly conducted pursuant to the provisions of Florida Statutes, Chapter 380. Section #4, Subsection (1): Paragraph (c) shall be added as follows: (c) Boynton Beach Park of Commerce ADA, Amended Master Site Development Plan submitted January 21, 1986. References throughout the Development Order shall be revised to conform to the Amended Master Site Development Plan, as approved. Such revisions shall be made in the interest of consistency and clarity. Presentation by Carmen Annunziato, Director of Planninq Mr. Annunziato did not think it was necessary to go through a long discussion as to what the configuration of land uses proposed since most of the Council attended the Planning and Zoning Board meeting and the minutes were available. He - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 wanted the Council to concentrate on what appeared to be the main concerns of the City Staff. The first of the two areas concerned the configuration of the commercial land use as it lies along N. W. 22nd Avenue. The applicant provided a colored map, and Jim Golden, Assistant City Planner, pointed out where N. W. 22nd Avenue runs through the property. The parcels colored yellow were proposed for commercial development. Mr. Annunziato pointed out where the commercial parcels previously were along a lake under the Riteco plan and said they would have been central to the development and would have acted as ancillary uses to the Planned Industrial Development (PID). Mayor Cassandra wondered if any commercial property fronted on N. W. 22nd Avenue with the o~iginal plan. Mr. Annunziato believed there were two parcels. Mayor Cassandra assumed the two yellow colored parcels would be for the old plan as well as the new. The Planning Department had raised this question, and Mr. Annunziato said it seemed to them that to locate commercial properties along N. W. 22nd Avenue would abrogate the intent and purpose of the PID's district regulations and may be inconsistent with the Comprehensive Plan for the location of strip commercial uses. This recommendation was made to the Planning and Zoning Board at their meeting two weeks ago. Mr. Annunziato also pointed out that there was an area of concern involving the proposed treatment of water distribu- tion in the PID, but they believe the applicant will correct that aspect of his submission at the time he submits the preliminary plan with preliminary plat documents. He did not believe it was much of a concern at this time. The final area of concern was with the Regional Planning Council. Presentation by Michael Busha, Treasure Coast Regional Planning Council Mr. Busha said the Planning Council had concerns regarding the proposed master plan initially with respect to the Sand Pine scrub preserve area and the wetlands. The requirements of the conditions for development were that the Planning Council felt initially that the changes to the master plan constitute a substantial deviation. Since that time, all of - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 the parties agreed that additional information could be pro- vided that would satisfy the Planning Council's concerns and, hopefully, the City's concerns. If the appropriate informa- tion is provided, the Planning Council feels there would not be a substantial deviation. Mr. Busha was present tonight to represent the Planning Council only to preserve the right to appeal if, for some reason, this information is not included or provided with the master plan. Mayor Cassandra questioned the meaning of the word "appropri- ate''. Mr. Annunziato referred him to the memo he prepared on April 21, 1986, which was addressed to City Manager Cheney. Mr. Busha wished to summarize their concerns. They had three concerns. Their first and biggest concern was that the Sand Pine scrub preserve area did not contain the required amount of acreage as set forth in the condition. Mr. Busha believed there was anywhere between 31 and 33 acres of Sand Pine scrub habitat. The Planning Council had recommended 40 acres when this was adopted. Another concern was that a boardwalk was supposed to be placed, and this was something new to the Planning Council. It was to be in the preserve area, and all they simply wanted to see was just a conceptional plan regarding the extent of the boardwalk and where it was going. Something that goes along with preserving Sand Pine scrub is the management of the habitat. Mr. Busha said someone has to be responsible for that. They were looking for a commit- ment from the developer in the plan that would implement this plan and outline who would be responsible for the mana- gement and for paying for the management. Mr. Busha summarized that they wanted to see in the plan where the boardwalk was, how they would make up the remain- ing seven to nine acres of scrub, where it would occur on the property, who was going to manage it, and how it would be managed. Their second concern was with the condition that specified that the habitat be preserved and that a littoral zone system be established around the surface for a management system of lakes. Part of that condition was that a plan be provided to them outlining some typical cross sections of - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 how these systems would be designed, methods of planning, and how the things would be managed and maintained. Mr. Busha said all of those points of information were to be provided by the developer, and they were waiting for them to come back. Recommendation of Planning and Zoning Board Mr. Annunziato read the recommendation from his April 9th memo and further recommended that if the City Council agreed with the Planning and Zoning Board's recommendation, that the applicant consider or be required to install a frontage road along 22nd Avenue at the commercial location. Questions by Council Members Commercial Property Mr. Hester noted Mr. Annunziato said the commercial property would be along 22nd Avenue. He wanted to see where it was on the old plan and what the difference was. Mr. Annunziato showed the changes. He said, basically, it was the same configuration. The area that was darkened was the area that was to have the commercial aspects of the plan allocated to it. The intent was that any uses that would be located in the area would be there to serve the needs of the overall development, which is generally the needs of the public. When you change the configuration and locate your land uses to 22nd Avenue, the presentation changes. You now have commercial uses on arterial, which are generally more accessible to the public and potentially serving them as opposed to being primarily to serve the uses of the PID. Traffic Councilwoman Zibelli understood they had to do a traffic impact study with the old plan the way it was situated. With the way it was proposed here, to be situated on N. E. 22nd Avenue, she wondered if that would not be more traffic and would it not require another traffic impact study. Mr. Annunziato replied that an additional traffic impact study was submitted. The findings were that there was some addi- tional loading in the area but it was not necessarily caused uniquely by the change in commercial because the new plan does not have a connector between Miner Road and a collector he pointed to. When you remove that connector, Mr. Annunziato said you force more traffic into this area. However, there was not a substantial difference in the number of trips generated. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 Early today, Mayor Cassandra asked what constitutes a sub- stantial change, and there was a large list which did not pertain to the project. Item 15 talked about a 15% increase in the number of external vehicle trips generated by the development above that which was projected during the original development of regional impact review. That did not say if roads were changed or not. In this instance, Mr. Annunziato replied that it would be less than 15%. Regard- less of the road not being connected, Mayor Cassandra said the impact does not increase the traffic impact over the necessary numerical number. Councilman Ferrell asked what the impact was. Presentation by Applicant Jon C. Moyle, Attorney, of the law firm of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, 625 North Flagler Drive, repre- senting Deutsch Ireland Properties, introduced Mr. and Mrs. DeutsCh to the Council. Attorney Moyle commented that this was a question of whether a substantial deviation was being presented to the Council. The traffic impact is the result of the changes that were made that everyone was familiar with and is less than it was before. Mr. Annunziato's comment was that it was a result of not having the collector road go through. The imPact is on Congress, not on N. W. 22nd Avenue. Mr. Annunziato confirmed that was correct. George zimmerman, Director of Planning, Deutsch Ireland Properties, Suite 1106, International Building, 2455 East Sunrise Boulevard, Fort Lauderdale, Florida 33304, said the northern outlet onto Congress up to where Miner Road would connect with Congress is the one link of the roadway that had an increase in traffic due to this new plan. That was because there was no way out onto Miner Road, which was the initial analysis provided. The overall traffic from the development is less than what was approved with the original Development of Regional Impact (DRI), so the overall impacts are less. Since they made a presentation to the Council earlier when this was started, Attorney Moyle thought the City Staff would agree that the representations made at that time have been fulfilled. They have worked with staff and continue to work closely with them. Attorney Moyle thought they would be better off with questions and answers. - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 Attorney Moyle commented that when you get down and measure the difference on the commercial on N. W. 22nd, there is an additional 1,000 to 1,400 square feet, depending on how you measure it. There are already 800 under the previously approved PID. He said that came about as a result of recommendations by their Planner on the feasibility market. Attorney Moyle asked that the Council recall that when it was presented to the Planning and Zoning Board, the big worry was some type of strip commercial. Mr. Deutsch testi- fied and was here again to indicate that the $25,000,000 in infrastructure is going in now. With the enthusiasm Mr. Deutsch has approached the project, Attorney Moyle said the likelihood of that happening was so remote. In view of the Property Owners' Association and agreements that would be entered into, the fact it will be a show place in terms of this type of industrial, technical, research, and develop- ment park in South Florida, he thought any worry about that on N. W. 22nd Avenue was not warranted at this point. The Planning and Zoning Board agreed, and Attorney Moyle asked that the City Council agree with that question on commercial. Questions and Answers Traffic When the impact study was made, Mayor Cassandra said the original plan had the commercial property internally as far as the majority of the acreage was concerned. Therefore, its use basically would be by the tenants or the visitors of the parcel with some possibility of the community knowing something was there and coming in. Mr. Zimmerman confirmed that was correct. Mayor Cassandra was concerned about making this a commercial property on N. W. 22nd Avenue and recalled that the applicant had commented about office spaces and a nice restaurant. He pointed out that they were making the image of N. W. 22nd Avenue different than the original development. Therefore, there was a possibility more people would be coming to that area because the appli- cant's intention is to make it more marketable. Mayor Cassandra was not questioning the applicant's statistics but found the traffic impact was not a larger impact. As they could see in the commercial plan, Mr. zimmerman said all of the commercial area was visible across the lake. In terms of visibility along N. W. 22nd Avenue and the fact that it is there did not greatly enhance the visibility. What they did was make it somewhat easier to get to because - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 it is not across the lake. The second aspect is that N. W. 22nd Avenue is the center of their park and is meant to serve both the northern and southern halves. With the newer plan~ most of the office area ends up in the northern area where you have the workers depending on the services such as food and other secondary services. In terms of viability and to answer Mayor Cassandra's ques- tion about impacts, when you consider commercial land, Mr. Zimmerman said the traffic people, such as Charles Walker, Palm Beach County Traffic Engineer, and the City people, only recognize one impact for commercial land. They have been assessed that impact whether it is in the center of the development, on the main street, or anywhere else. That is the assessed value that is used in everyone's analysis for this parcel. Mr. Zimmerman thought they originally were assessed that impact and said they are assessed the same impact in the current plan. Mr. zimmerman felt the way the properties are going to be utilized, they would not generate a greater impact, espe- cially in consideration of the fact that their overall deve- loped acreage has dropped from 411 acres, as originally proposed, down to 361 acres. They feel that will make up for any slight increase that they might receive in moving from the center of the development to N. W. 22nd Avenue. Frontage Road With reference to Mr. Annunziato's earlier comments concern- ing a frontage road, Mr. zimmerman thought they had the mechanism within the City to look at a site plan review on everyone of the parcels. In some senses, he thought they were trying to prejudice their view of what that might become. The City actually has the site planning process that will let the City Council look at what is proposed and make their decisions based on what is proposed. He implored the Council to make that judgment at the appropriate time when the facts are in front of them at the site plan review state. They will then have a very good avenue to exercise control over what has developed on the parcels. Is it a Proper Change? Mayor Cassandra told Mr. Zimmerman that was based on the assumption that they already approved the commercial land. The question here is not how they will use it as much as is it a proper change. Mr. Zimmerman replied that .they have - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 not increased the amount of space that was in there origi- nally. If he understood Mr. Annunziato correctly, Mr. Zimmerman said Mr. Annunziato's objections are based on the fact that it will now be used differently than what was in his mind. Attorney Moyle wanted to be sure that there was no impression on the part of the City Council that Mr. Annunziato in any way was suggesting that this questionable commercial repre- sented a substantial deviation. He thought Mr. Annunziato agreed, and staff agreed, that it is not a substantial deviation but just a question of appropriate land use. 40 Acres Councilman Hester heard the Treasure Coast say they were concerned about the 40 acres and asked if it was shown on the plan that it was 40 acres. Attorney Moyle replied that he had appeared before the Treasure Coast; Mr. Annunziato was there; they had a meeting, and it passed unanimously, subject to the three things he had indicated. Mr. Annunziato clarified that the question was not 40 acres but 40 acres of scrub canopy. The site does not carry 40 acres but, on analysis, only about 31 to 33 acres had scrub canopy. The remainder of it was in some sort of prairie state. The management plan submitted by the applicant pro- poses to extend the scrub canopy into the prairie area by a seeding method and, therefore, generate a plus or minus seven acres of scrub. Attorney Moyle thought included in the Planning and Zoning Board's report and in Mr. Annunziato's report was that the deVelopment order be amended to incorporate the changes they had been discussing. At the Planning and Zoning Board Meeting, Mayor Cassandra saw the people ask Attorney Moyle how to write the motion to satisfy him, and Attorney Moyle gave them the motion. Mayor Cassandra questioned how that motion was for the City. DRI Approval Mayor Cassandra noted that the recommendation said no further DRI approval and asked if that was just for this item or if they would close the door forever in case they make a change. If they try to make a change, Attorney Vance said they will have to come back to the Council. Mayor Cassandra asked whether the Planning and Zoning Board could delete a - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 recommendation from the submittal or if they would just not accept the recommendation. He worried about whether the Planning and Zoning Board has the right to delete someone else"s recommendation. City Attorney Vance explained that what they did was approve it, but they deleted that one exception from the staff comments, which is their right. It was stated in the staff recommendations to the Planning and Zoning Board and the City Council. Decrease in Size of Lots In their new plan, Tim Cannon, Senior City Planner, said they had decreased the size of the lots. Mayor Cassandra read from the Planning and Zoning Board minutes that the increase in the number of lots and the smaller size of the lots does not preclude a purchase by combining lots. By the same token, it does not preclude some of them from having a higher density, and he asked if there was a density increase because they were making the smaller lots. Mr. Zimmerman said the smaller lots will make the density go down rather than up because of the setback requirements and the size building you can put. The total square front- age you can put on two smaller lots is less than you can put on the combined area with the one larger lot. If you are going to look at it totally in a vacuum without looking at the products, there can be less development. One other point that was submitted with the original package for an application for development was a quote from the DRI that had indicated that the larger parcels were submitted with the intent that in the future they would be subdivided into smaller parcels. Mr. Zimmerman said the size of the parcels they have are not any smaller than in the plan that was originally approved Mr. zimmerman said market research was the reason for more parcels in the amended plan. Mr. Deutsch commissioned an extensive market study by a major university in the north- east concerning proposed uses that resulted in a recommenda- tion. Vice Mayor Zimmerman was interested in specific numbers. Mr. Zimmerman said the actual development acreage is reduced from 411 to 361. Although there are more actual parcels, there is less acreage. Mr. zimmerman said this plan was the actual plan that was developed. Large areas are labeled "Industrial" with dotted lines showing a potential subdivision. This plan is more - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 complete due to the state they are in, and they would like to move on with plotting as soon as possible after approval. There are 107 parcels in the new plan. Mayor Cassandra called attention to the bottom of page 15 of the Planning and Zoning Board Minutes of April 8, 1986 and read Mr. Cannon's statement that "the commercial use would be internally located; it would be in a compact area, and its primary function would be to serve the users in the remainder of the development. The Planning Department's opinion was that N. W. 22nd Avenue was never intended to be developed as a commercial strip, as stated in the City's Comprehensive Plan wherein commercial development was to be avoided. Mr. Cannon pointed out that the intent would be that this would be a retail oriented corridor, and the City cited that it was not only contrary to the Comprehensive Plan but clearly contradictory to the intent of the PID regulations to create industrial and office parks." It seemed to Mayor Cassandra that if the applicant stated against the Comprehensive Plan and the intent of what is the finest PID, it summed up a concern which should be con- sidered and clarified by Mr. Annunziato to the Council. If it aligns the commercial tract so that it extends even further to the east and is perceived by the Council that it constitutes a strip of commercial zoning, Mr. Annunziato said it is clearly contrary to the Comprehensive Plan because the Comprehensive Plan precludes strip commercial zoning. Mr. Annunziato really did not think they would have the kinds of strip commercial which the people might believe but said when you have individual lots, each individual lot will be entitled to curb cuts. They generate congestion where the curb cuts intersect 22nd Avenue, and it was his opinion that they changed the character of the PID from the image of a modern high tech office park that had been pre- sented, to one where the leading edge was a series of com- mercial properties, (not that they would be developed in a way that would not be acceptable to the City, but it appeared that the image changed). If you look at the PID rights, Mr. Annunziato said it seems that the commercial would be ancillary to the office and industrial uses to support them and provide for them the uses they need in their every day conducting of business, and he gave examples. Without knowing what the uses will be along 22nd Avenue, he said you can change the image of a property. Coming off an interchange and seeing six commer- - 10- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 cial parcels plus a club on the south side of N. W. 22nd Avenue is, in the Planning Department's opinion, a different look at the property. Service Road Mr. Annunziato disagreed with Mr. Zimmerman in this regard because he thought some of the traffic issues had to be mitigated. He felt they had to discuss it now and said they could not discuss it on a parcel by parcel basis. It has to be in place so the number of curb cuts are limited to in and out as opposed to two curb cuts per property. He thought that clarified what Mr. Cannon was attempting to say in the minutes. Mr. Annunziato added that some of these things are philosophical; some are opinions, and some are subjective, but a lot of planning is like that. City Manager Cheney thought the service road was more objective. With this amount of commercial on that side, the City should take a positive position now and require a service road. He called attention to Palm Beach Lakes Boule- vard, West Palm Beach, and said the kind of thing they were talking about was if every one of those businesses had access directly onto Palm Beach Lakes Boulevard after the reconstruction like they did before the widening. City Manager Cheney agreed withi Mr. Annunziato that you cannot do it piecemeal. If the City does not address that issue now, as each lot comes in, they will say, "This one does not need it. Let's look at the next one." City Manager Cheney thought the best way to make sure traffic flows properly on N. W. 22nd AVenue was to limit curb cuts. The way you limit curb cuts when you have that many lots and they relate to commercial (especially, if there are restaurants with a lot of cars going out at one time) is to have a service road. The reason Congress Avenue functions today with the Mall is because there are no curb cuts on Congress Avenue. Motorola with 90 acres has only one curb cut on Congress. Councilman Ferrell did not think N. W. 22nd Avenue would get more traffic than Palm Beach Lakes Boulevard. City Manager Cheney said the point is traffic turning in and out, and there will be an interchange some day. Councilman Ferrell asked if the developer was absolutely against the service road. Attorney Moyle reminded the City COuncil that this is a development of regional impact. It - 11- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 has been through Chapter 380, which requires consideration of regional impacts, and he wanted the Members to remember a lot of other factors in the balancing took place. They were before the Council on whether a substantial deviation exists, not to replan the development. One of the most important things to Palm Beach County is the importance of diversification of our economic face. Attorney Moyle gave examples and said this type of development is extremely valuable, not only to Boynton Beach but to Palm Beach County. When this type of development was allowed, a balance took place, and it was approved on that basis. Now they were coming along with the idea of relocating the commercial. Attorney Moyle asked the Council, in making their decision, that they remember the balancing that took place. This type of development always has impact, which is the purpose of Chapter 380. They are not putting one inch more of commer- cial in. There was already frontage on N. W. 22nd Avenue, and $25,000,000 will be spent by Mr. Deutsch in providing this show place for Boynton Beach. If they feel this is important to the future of Boynton Beach, Attorney Moyle thought there needed to be confidence that development is taking place not for strip commercial but to try and make it a better technical and industrial park. Presentation by Edward B. Deutsch, Deutsch Ireland Properties Mr. Deutsch respected Mr. Annunziato's position and commented that Mr. Annunziato's viewpoint was a valid one from his planning position. However, when they purchased the property, Mr. Deutsch said they knew they had 411 acres for the density and hired what they thought was the best in the country to give them advice (Kimley Horn). Kimley Horn & Associates told them this would make no impact and no change in the traffic on N. W. 22nd Avenue and recommended that it be done. Mr. Deutsch said they also hired a Professor at Massachusetts Institute of Technology to give advice on the park. It was his recommendation that they cut the lots a little smaller. and he showed that there is a developing attitude in this country of smaller growth oriented companies, so they thought it was their responsibility to cut from the 411 acres to the 361 they ended up with. No one in the City or Regional Planning Council even suggested that, and Mr. Deutsch empha- sized that they did it voluntarily and were happy to do so. - 12- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 Mr. Deutsch reminded the Members that they will be here for ten to twelve years developing this property. What happens on that commercial property is vital to the rest of the parkv and they must make a success out of all 500 and some odd acres (361 developed) and be sure that they have the best that they can put forward. Based upon advice from the experts, Mr. Deutsch believed that if the commercial is, for the most part, moved off of N. W. 22nd Avenue, they will not be able to do that for the City, themselves, or those people that will be in the park. If they have the commercial where it was originally located, the potential users of the property around it will object to it. Mr. Deutsch told the City Council their experts indi- cated that some industrial people do not want to be next to or across the street from the commercial. The changes were not made on a whim but after a great deal of study, con- sideration, and their intent to make it the best looking park in Palm Beach County. Mr. Deutsch felt the commercial would add, not detract, and stressed that it will not and cannot be a strip center. Their investment is too great, and they must make it the best there is. Service Road Vice Mayor Zimmerman pointed out that they did not specifi- cally answer the question of whether the service road would fit into their picture. The first time Mr. Deutsch heard about the service road was today, in his phone conversation with Mr. Annunziato, so they did not have time to fully react to it. They discussed it and felt immediately it was some- thing where they were not prepared to say "Yes" at this point. They would like to see how it works. When Mr. Annunziato points out "too many curb cuts", Mr. Deutsch said that means their people and the rest of the park cannot get out on N. W. 22nd. Whatever it takes to solve the problem, should that happen, they are going to do it, and they might be the first ones to come to Mr. Annunziato and say they would like to put in a service road, but Mr. Deutsch said he would be lying to the Council if he said, "Yes, it's fine,," or "No, it's not." They want the success too and do not want the traffic problems. If the applicant felt he needed time to evaluate a service road, Attorney Vance advised that the hearing could be - 13 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 continued to a date certain. He suggested next week. Mr. Deutsch replied that they have letter obligations as well and must cOnclude tonight. Councilman Ferrell asked if the service road was of major concern only because they were talking about approximately 2/3rds of the roadway being commercial and none on the other side. Mayor Cassandra thought Mr. Deutsch was a man of integrity but felt certain things had to be put down in writing. As he respected the advice of his experts, Mayor Cassandra said the Council respects the advice of the City Staff. There was a concern addressed by Mr. Annunziato and reenforced by City Manager Cheney. Mayor Cassandra thought it was something that should be addressed tonight. He thought they should lend some direction to the service road. If the Council saw fit to put that in as a requirement, Attorney Moyle said the Council had that prerogative. He asked that the Council not do it but that they handle it on the basis of what Mr. zimmerman said. In making that request, he again reminded the Council of some 2½ million dollars the developer is obligated in writing to spend, which would involve the interchange, 1-95, and other improve- ments. In terms of dollars and cents, Attorney Moyle said in the future what the Council would see in the northern part of the development would be some 63 acres of public land with the Sand Pine preserve, boardwalks going into the Sand Pines, and a park with'ball fields. The people paying for that are the developers. Attorney Moyle referred to the preservation activities that will take place and said a fence will be completely around the area to keep the tortoises in. Tonight, Attorney Moyle said the applicant had no idea what a service road would, cost, and he did not think it was fair for the Council to ask them to say "Yes" now. If it was required, there was nothing they could do about it. There was no doubt that the Council was in favor of the project, but Mayor Cassandra pointed out that this is our City, and the City should have the safest and most economical way to make that piece of land productive. Once this approval is finished, Mr. Deutsch added that the Council will be presented with a series of plats for the project. Curb cuts, etc. will be shown on the plats, and they can then tackle this question. Mr. Deutsch stated that - 14- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 they will be happy to look at it with Mr. Annunziato, Kimley Horn & Associates, and come up with the answers. Their big concern was to get the approval now so that they could move on with their financing and start construction. City Manager Cheney interjected that the advantage of talk- ing about the service road now was that it could be made permanent when the project begins. Mr. Deutsch replied that City Manager Cheney and Mr. Annunziato may be right, but he was concerned about holding this approval process up because of a service road. City Manager Cheney explained that it was a concern that came up late because of a feeling that the applicant's proposed retail might be approved, and there should be some way to balance that off. He reminded them that the applicant, not the City, proposed the change of the retail location. Mr. Annunziato was trying to find a way to make that work, and City Manager Cheney said it made sense to bring it up and have it on record tonight so it will not be a surprise if the City addresses it again. Mayor Cassandra asked if the City would have enough approval or disapproval at a later date if the applicant decided a service road was not feasible. Mr. Annunziato answered that the point being made was that the Council still has to approve preliminary plats, which are construction plans and some plat documents for the property, but possibly, they will not get the big picture in preliminary plats. Council- man Hester commented that the service road could be brought up when they present their preliminary plats. If there is a need for it, the Council could say they need a service road. Attorney Moyle confirmed Mr. Annunziato's statement to the Council that the applicant would be willing to submit the plats necessary to incorporate all of that property at one time. It may be more than one plat but if they are all sub- mitted at one time, Mr. Annunziato felt that would be satis- factory and suggested it include the club property as well. Mayor Cassandra referred to Mr. zimmerman reading something at the Planning and Board Meeting on April 8th which said what would be put in here. Mr. Zimmerman had read and indi- cated what was in the original DRI report. There was a question about what facilities would be provided, and he advised that essentially, it was restaurant and personal service kind of facilities. Mayor Cassandra asked if the Council could decide what would go on the commercial property and wondered if they could say - 15- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 there would be no fast food chains. Because it is a PID, Mr. Annunziato advised that the Planning and Zoning Board has to approve the uses. Different kinds of restaurants may be difficult to regulate. Mayor Cassandra determined it would not come back to the Council unless it is a substantial change. Mr. Annunziato informed him that any kind of change will have to be looked at in terms of Chapter 380, Florida Statutes. Maintenance of Landscaping on Roadways Vice Mayor Zimmerman drew attention to a comment brought up by Mr. Busha regarding the maintenance of the landscaping on the roadways and asked if there will be an owners' organiza- tion that would maintain that. Attorney Moyle thought the Treasure Coast was concerned about the responsibility for the 40 acres and the littoral zones around the lakes. The applicant will provide them with a plan which will account for the maintenance cost of it. City Manager Cheney brought out that there will be a tremendous tax base in this area. Under the old plan, it was estimated that it would be about $800,000,000. At that time, the City's sole tax base was $800,000,000. City Manager Cheney's feeling has been that the City would main- tain the public rights-of-way in the same condition they maintain any public rights-of-way, such as Congress Avenue. The applicant's position may be that they want to maintain it at a higher level of quality than the City's standard maintenance would be, and he thought it was something they would have to work out over a period of time. When you look at the contribution they will be making to the City, City Manager Cheney thought it would be difficult for the City not to offer that. Some of their roads will be private roads, and the applicant will obviously maintain those. They have been saying one road near where the land swap may be should be a public road because they do not want to have a piece of public land at the end of a private road. Vice Mayor Zimmerman knew it could not be determined defi- nitely all the way down the line now. Attorney Moyle thought Conditions 6, 5 and 10 addressed this, and they were not asking for any changes. He added that they remained the same as in the original approval. For the record, Attorney Vance advised that the changes requested by the applicant were not changes. The additional details requested by Treasure Coast will be forthcoming shortly. Attorney Moyle confirmed that was correct. - 16- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 Mayor Cassandra asked if anyone wished to speak in favor of the request. Don Zyto, 10790 Greentrail Drive, Past President of the Greater Boynton Beach Chamber of Commerce, spoke in support of the amended master site development plan and for a find- ing by the Council that further DRI review would not be required. (A copy of Mr. Zyto's presentation is attached to the original copy of these minutes in the City Clerk's office.) Marilyn Huckle, 656 Castilla Lane, Member of the Planning and Zoning Board, was ill and could not be at the meeting of that Board on April 8th. In the absence of a service road, she asked what the developer's intent was for the servicing of the commercial parcels and wondered if there was to be any kind of access other than access off of N. W. 22nd Avenue onto the commercial properties. She inquired if there was to be any access south of the commercial properties that wOuld front on N. W. 22nd Avenue. Mr. Zimmerman answered that access would also be provided by the central roadway running down between the commercial properties, which would enable a person to get to the rear of those properties, and pointed it out on the map. Mayor Cassandra asked if anyone else wished to speak in favor of the request. There was no response. Mayor Cassandra asked if anyone wished to speak against the request. As there was no response, THE PUBLIC HEARING WAS CLOSED. There was discussion about the type of motion they should have. Attorney Vance advised that they should have a motion determining there was no substantial change or finding that there was a substantial change, whichever way the Council wanted to go. The record will clearly indicate that the applicant has agreed to comply with the requirement or request (the greater of those). At this point in time, the matter of the service road was up in the air. The applicant requested that it not be included, but City Attorney Vance said the Council had that prerogative. Mayor Cassandra recalled that at the Planning and Zoning Board meeting, Attorney Moyle had a strong concern about having certain things stated. Attorney Moyle suggested that the Council read the recommendation of the Planning and Zoning Board, which contained all of that information. - 17- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 City Attorney Vance read the "Recommendation" from Mr. Annunziato's Memorandum of April 9, 1986 and informed Mayor Cassandra there was nothing wrong with the Recommendation as far as the City was concerned. Councilman Hester reminded them to include the Treasure Coast's "Recommendation". It was decided this needed to be added. MOtion Councilman Ferrell moved that the Council go along with the recommendation of the Planning and Zoning Board, which was "that the City Council approve the proposed amendments to the Development Order and make a finding that the proposed amendments do not constitute a substantial deviation under Chapter 380, Florida Statutes, and that no further DRI approval is necessary. Furthermore, the Board recommended that the City Council find that the revised master plan does not constitute a substantial change under the City's PID regulations and recommended that the revised master plan be approved. The Planning and Zoning Board's recommendation is subject to the agreements reached with the applicant as stated in his letter of February 28, 1986 and subject to staff comments, deleting, however, the Planning Department's recommendation that the applicant revise the master plan to place commercial uses along the central collector road, south of 22nd Avenue, rather than along 22nd Avenue. Sub- ject, also, to compliance by the applicant with the letter from Treasure Coast Regional Planning Council dated April 18, 1986. Councilman Hester seconded the motion. Attorney Moyle asked if this would include the amendment of the Development Order. City Manager Cheney said they would bring the Development Order back at the May 6th meeting. City Attorney Vance agreed that he could make it by May 6th. David Pressley, Attorney from the same office as Attorney Moyle, was looking at Chapter 380 and wanted to make sure that in the motion they issued an amendment to the Development Order incorporating the changes. City Attorney Vance informed him that it would be done at the next meeting. It would be an Ordinance that the Council will adopt on May 6th. Councilman Ferrell thought it was important that emphasis be put on the fact that there is a large amount of open space, lakes~ and industrial development. He felt a lot of posi- tives went along with this and did not think it was that significant a change. Councilman Ferrell was confident the - 18 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 problem of access could be worked out and that the overall impact had been lessened. A vote was taken on the motion and carried 5-0. THE COUNCIL TOOK A BREAK AT 8:50 P. M. The meeting resumed at 8:55 P. M. 4. Proposed Settlement of About 15 Parcels on the Water John Guidry, Assistant Utilities Director, indicated on a plan where the easements for well sites are. City Manager Cheney said each circle around the green circles for the well sites represented a 100 foot circumference radius for protection. The yellow lines were the well water pipe lines that bring water to the well from the plant site. Attorney Vance worked out a negotiated arrangement to get the ease- ments for the sites. City Manager Cheney advised that this was a special test well monitoring area. It is all easements and is being settled before Attorney Vance goes to Court. Attorney Vance informed the Council that he would be going to Court tomorrow (April 23rd). City Manager Cheney showed the location of the ten acre plant site and said the City will probably put two or three well sites on it also. He told the Council Attorney Vance would be getting an easement tomorrow. Attorney Vance said it~ would reduce a fairly complicated suit to four little parcels. City Manager Cheney informed the Council that other well sites behind K-Mart and north of the City's plant site will also be acquired. Mayor Cassandra thought the City originally had 21 wells. City Manager Cheney said there will be about 7 to 9 more. At the moment, the City does not know if all eleven of these will be used, but the City is taking eleven now because it does not want to go in after the developer begins to develop and try to get well sites because it is easier to get them before he develops and people move in. The ones the City will use will depend on the tests. The City will be back to get the other well sites very soon. In the settlement of the easements, etc., Mayor Cassandra asked what the City will be getting in dollars and cents. City Attorney Vance answered, "$250,000," and added that he has an appraisal that says it is worth it. Mayor Cassandra remarked that it has been part of the refinancing the City - 19- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 did. City Manager Cheney added that the $11,000,000 of new money was a part of it. Mayor Cassandra asked if they had to go into sewer, etc. City Manager Cheney replied, "Not for this." He thought the City had $2,000,000 or more of the $11,000,000 with $6,000,000 or $7,000,000 for the sewer plant. Mr. Guidry interjected that the other is less than what they budgeted. Mr. Guidry said there are two parcels totaling 9.3 acres. In the first property adjacent to the E-3 canal, there is a house. For planning purposes, they elected to take the next site because staff is shooting "fast track". The City has the South Florida Water Management District's (SFWMD) grant and resear:ch "hanging fire", and the first immediate thing they have to do is develop two test production wells that will fully develop at 1,000,000 gallons a day flow weight where they can test the aquifer system for drawback. Due to changes in negotiations, Mr. Guidry explained that they have changed sites from the original site on a test well. They had to give up a couple of sites, and they selected another site for a test well on the plant site, which will give a better hydrological assessment of the total system based on the intersecting E-3 Canal. If the City ran the test originally envisioned by Russel & Axon, it could have gotten into a situation where its draw back curves would have been detrimental to the City over the long haul. A Senior Hydrologist recommended that they run this scenario because it will probably allow the City to do many more things with the well field in the long run. Mr. Guidry told the Council the SFWMD issues those water withdrawal permits for ten years so both they and the City have to be absolutely certain that the City is right. Mayor Cassandra asked what City Attorney Vance would need from the Council and what the motion should be. City Attorney Vance dictated the following motion: Councilman Ferrell moved that the City have settlement with Bernard Glassman, Trustee, in the amount of $250,000, together with Attorneys' fees in the amount of $25,000 and $7,500 in costs for their Engineer. Councilman Hester seconded the motion, and the motion carried 5-0. - 20- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA APRIL 22, 1986 ADJOURN~ENT There being no further business to come before the COuncil, the meeting properly adjourned at 9:00 P. M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vi ce Mayor' Councilman ATTEST - City Clerk ~~~d~Sec ~ Re r ' g ~ ary ( Two Tape~ C'o~cilman Councilwoman - 21- Statement of the .Greater Boynton Beach Chamber of Commerce in Support of the Amended Master Site Development Plan for the. Boynton Beach Park of Commerce Public Hearing April 22, 1986 - City Council Chambers :y ~-O , and I reside at Boynton Beach, Florida. I serve as of the Greater Boynton Beach Chamber of Commerce, ]~t is in that capa'city that I appear here this evening speaking in support of the amended Master Site Develop- ment Plan for the Boynton Beach Park of Commerce and a finding by .the City Council that further DRI review is not required. With the growth of population in Boyntor~ Beach in the early 1980's, the demand for expanded infrastructure services and facilities grew. The need to increase the tax base was real and pressing, The answer lay in the expansion of existing business and industry and the attraction of new business. In order for business to grow, properly zoned land in favorable locations was necessary. Land of this description was at a premium and hard to find in the Boynton Beach area. There were four or five industrial areas in existence;but nothing to attract attention in competition with other cities. Fortunately, the'owners of Riteco Development Corporation started in 1984 to plan a major PID that would provide the sites for new and expanded business and industries in Boynton Beach. Following .a year of study and planning, the DRI for the Boynton Beach Park of Commerce was ready and eventually approved, subject to the provisions of~ the Development Order. In October, 1985, Deutsch-Ireland Proper~ties, Inc., purchased- the Park of Commerce from Riteco Development Corp. Following extensive research and restudy, they refined the Master Plan incorporating the requirements of the Development Order and the changed ~/~$ of the South Florida Water Management District. The Proposed Amended Master Site Development Plan 'retains the goal of building a self-contained, planned, comprehensiVe industrial/office park with service amenities to cater to the needs of the users of the PID. Commercial land use has been slightly increased by the~ provision for a recreation club and the location of par6els has been changed to provide ready access to restaurant and retail locations within the park complex-by the public... TheSe changes make the commercial locations stronger for their profitable future operation. Office land use has been slightly increased and provision made for alternate use for hotel' at three sites. Light Industry sites have been reduced by fifty acres but provision has been made for research and deVelopment industrial Sites. Lake acreage has been reduced due to reduction of developed acres and water m~nagement rules, but the lakes are now connected and provide a vast majority of the sites with a view of the water. Site aesthetics have been greatly enhanced. Open space has been greatly increased while roads have been decreased through better site definition, planned program of lake continuity, plus the reduction in deVelopment acres. Finally, through fine tuning of the plan layout~total estimated traffic trip generation has been reduced by almost 2000 trips. Ail who have viewed the refined layout and development plan, along with the building perspectives, materials, and landscaping agreep the visual aesthetics of the entire area are excellent. -3- Deutsch-~Ireland Properties, 'Inc., carries an outstanding reputa.tion in the develoPment field for quality products. The City of Boynton Beach and its citizens should be proud to have Deutsch-Ireland Properties, Inc., as a part of its corporate business community. The Greater Boynton Beach Chamber .of Commerce is please~d "~o endorse the amended Master Site Development Plan for the Boynton Beach Park of Commerce-for it strongly believes the owners of Deutch-Ireland Properties, Inc., have the ability, knowledge, desire, and capability of building America's finest planned Industrial Park. The Chamber of Commerce therefore requests the City Council to approve the Amended Master Site Development Plan and make a finding that further_ DRI review is not required. MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA MONDAY, APRIL 21, 1986, AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Ezell Hester, Jr., Councilman Dee L. Zibelli, Councilwoman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Mayor Cassandra called the meeting to order at 7:30 P.M. and announced presentations would be given, but no decision would be made tonight as one member was absent. He explained the vote on selection of one of the firms would be made at the May 6, 1986, Council meeting. AGENDA APPROVAL The agenda was accepted as presented. PRESENTATION OF ENGINEERING FIRMS Presentations were given by CH2M Hill, Inc. and Post, Buckley, Schuh & Jernigan, Inc. The tapes for these presen- tations are on file in the City Clerk's Department. ADJOURNMENT The meeting was property adjourned at 10:10 P.M. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk Three Tapes) Council~n ~ Councilwoman