Minutes 06-27-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD
RE TRADEWINDS HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA,
BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 27, 1989 AT 3:00 P. M.
PRESENT
Robert Wa!shak, Chairman
Nathan Collins, Jr.,
Vice Chairman
Harold Blanchette
Marilyn Huckle
Gary Lehnertz (in audience)
Daniel Richter
Carl Zimmerman (Not Voting)
Murray Howard, Alternate (Voting)
ABSENT
Dee Zibelli, Alternate (Excused)
Carmen Annunziato,
Planning Director
Chairman Walshak called the meeting to order at 3:00 P. M.,
followed by the pledge of allegiance to the Flag.
Mr. Zimmerman declared a conflict of interest. (See Form
8B, Memorandum of Voting Conflict attached to the original
copy of these minutes in the Office of the City Clerk.)
Mr. Annunziato explained the drawings before the Board and
what was referred to as the settlement plan. On the retail
commercial site, the settlement plan proposed the construc-
tion of 173,000 feet of retail commercial to include two
out parcels on 8th Street. The shopping center will be
"L" shaped, going to the south and west. The City Staff's
recommendation and approval of this would have to come at
the time more detailed plans are submitted.
Wit~ regard to the commercial parcel, there was discussion
about the northernmost driveway, the median, and stacking of
cars. Chairman Walshak explained why he thought limiting
truck traffic south to Woolbright Road from the industrial
road should be a part of the Board's recommendation.
Jill Jarkes¥_and Larr~ Leeds, Attorgeys from the firm of
F. Martin Perry, P.A.~ Suite 701, 515 North Flagler Drive,
West Palm Beach, FL, came forward to represent Tradewinds.
Attorney Jarkesy informed the Members that she and Attorney
Leeds were not allowed to authorize any changes.
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 27, 1989
Chairman Walshak thought the Board would base its decision
on the Court's Order with additional recommendations.
Mr. Annunziato was almost certain that the traffic impact
analysis prepared by Dan Murray did not provide for a median
cut at that location.
Chairman Walshak asked about the railroad crossing.
Attorney Jarkesy advised that it is railroad property, but
the covenant and deed restriction say it is only to be used
for railway purposes. She stated that she would get the
documents to the City.. Attorney Jarkesy apprised the
Members that the settlement agreement specifically says that
the railroad crossing at Ocean Drive shall be closed, and it
is tied into their traffic impact analysis. The settlement
agreement also says Tradewinds shall withdraw its objections
to Mr. Winchester's C6mprehensive Plan application.
Mr. Annunziato informed Chairman Walshak that the trans-
mittal went to the Department of Community Affairs (DCA).
Be confirmed Chairman Walshak's statement that the Board
would be approving the Planned Commercial Development (PCD)
predicated on the fact that the DCA would look favorably
upon the land use change. Mr. Annunziato told Mrs. Huckle
this was submitted as an amendment to the Comprehensive
Plan.
There was discussion about the parkinq spaces and driveways.
Mr. Annunziato noted three driveways ~ere shown on
8th Street, and he stated that only two would be permitted.
Mrs. Huckle asked if Tradewinds would be allowed to come in
for a variance, and Mr. Annunziato answered affirmatively.
Vice Chairman Collins asked if there had been any significant
changes in the Code since 1986 up to the present, based on
what the drawings indicated. Mr. Annunziato answered, "Not
as they relate to the parking lot regulations." There had
not been any changes that would substantially impact these
proposals.
Motion re Planned Commercial Development
Mr. Richter moved to approve the conceptual plan of Trade-
winds, according to the Order of the Fourth District of
Appeal, with reference to the PCD submittal to the DCA of
of the Comprehensive Plan. Vice Chairman Collins seconded
the motionw and the motion carried 6-0.
The following recommendations were sent to the City
Commission:
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
JUNE 27, 1989
1. Trucks, left turn only, at 8th Street and the industrial
access road.
A closure of the median at the north entrance to the
shopping center on 8th Street.
A closure of one of the driveways on the office parcel,
and a median opening only at the full intersection,
which will be served by turn lanss.
Mr. Annnnziato told Chairman Walshak the City will be
getting a right-of-way of 80 feet from 8th Street. It is a
collector and not an arterial. There were further comments
about driveways.
Planned Unit Development CPUD)
Mr. Annunziato explained the drawing. Discussion ensued
regarding the traffic pattern, design of 8th Street,
densities, recreational amenities, and pine preserves.
Motion re Planned Unit Development
Mr. Blanchette moved approval of the conceptual plan of the
PUD as directed by the Fourth District Court of Appeal.
Mr. Richter seconded the motiont and the motion carried 6-0.
The following recommendations are for the City Commission's
consideration:
1. From a safety standpoint, S. W. 8th Street should be bent
at the north/south access.
There was discussion about the preserve. Mr. Annunziato
advised that the requirement to preserve native ecosystems
was a part of the 1986 plan, which was approved in December.
Chairman Walshak explained to Mrs. Huckle that the Court
Order said the pine preserve should be approved as sub-
mitted. After discussion, he said the statement made by
Mr. Lehnertz that it was totally unacceptable to reduce the
36 acres to one acre of scrub would be a part of the record.
Chairman Walshak clarified that the Board's motions were to
approve the Court's stipulations, but the Board was sending
along recommendations they thought would improve the
project. It would be up to Tradewinds and the City to
discuss the recommendations and see if some of them can be
accomplished.
- 3
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACh, FLORIDA
JUNE 27, 1989
ADJOURNMENT
The meeting properly adjourned at
3:50 P. M.
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· FORM 8B MEMORAND[JM OF VOTING CONFLICT
' OUNTY, UNICIPAL, AND OTHE LOCAL PUBLI O
~HO MU~ FIL~ FO~M 8~
This form is for use by any person ser~ in~ at the county, city, or other local l~e] o[ government on an ap~inted or elected bo~{
;~ufic~l, ~mmission, authority, or ~klee 1I applies equally to m~mbers of advisory and non-advis '
with a Voting conflict ~f inter~t under Section 119 21a2 ~lnrid~ o ....... . ,o[y bodies who ~e p~ented
..... - ..... , -.~-~. oramtes. ~ne reqmrements of th~slaw are m~dato~ ~ough
tne use ot tins partmular form is not required by law, you are encouraged.to use it in making the disclosure required by law.
Your responsibilities under the law when faced with w~easure in which you have a conflict of interest '
on whether you ~01~ an eiec~ive or hO~oin[ive fifi~it'~nn ~ *'K:Z ~' ~d, '3 .'~ -~ ' r · wdl va~ greatly depFnding
..... -- . .- ~ ......... ,~, [n,, rcason, p~ease pay cruse at{ent~on to' th~ instru~i6hs On thais
oe~ore comp~enng me reverse s~de and fihng the'form.
INSTRUCTIONS .FOR COMPLIANCE WITH SECTION 1'~2.3t43, FLORIDA STATUTE~
ELECTED'OFFIcERs: .... ~' ' ' '
A person holding elective count:,,, municipal, or other lo~al pub~c.office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local off cer also is l~rohibited from kn0Mfi~)y 'voting on ~ m~as'ui-~ which inures'to the special
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In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS: '
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
~i~t~q~inures to his special private gain. Each local officer also is prohib ted from knowingl votin on
s~eclal gain of a principal (other than a government ageucy) by whom he is retaine~, g a measure which mutes to the
A person holding an appointive local office otherw se ma)' part cipate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making an ' attem ! t '
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1F YOU INTEND TO MAKE ANY ATTEMPT TO INF . : ' ' '
a~"HE VOTE WILL BE TAKEN: LUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
* You should complete and file this form (before making any attempt to influence the decision) with the person ~esponsible for
recording Lhe minutes Of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of ihe agenc3:
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.j
PAGE
IF YOU MAKE NO A'T~E~ .EM[PT TO INELUENCE THE DECISION EXCEPT B~ DISCUSSION AT THE MEETINGi
· You should disclose orally ~he nature of your confl Ct in the measure before part c ly4ting
· You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes.~J
of the meeting, who should incorporate the form in the minutes ...... . ~ ·
-1
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1, CO../'~J Z';~'~/"~e~'/q-~O~ ,~/ . hereby disclose tha, on ~",.t_y] ~'. ,~ 7./ /¢o0~
(a) A measure came or will come before my agency which (check one)
· 19
inured to my special private gain; or
inured to the special ~ain of
· by whom 1' am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
co n s,'der e g.
Date Filed
Signature
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CE FORM 8B - 10-86 PAGE