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Minutes 05-09-89MINUTES OF REGULAR MEETING OF THE PLANNING AND ZONING BOARD - PUBLIC HEARING ON PROPOSED COMPREHENSIVE PLAN HELD IN COMMISSION !CHAMBERS, PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 9, 1989 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Gary Lehnertz Marilyn Huckle Daniel Richter Carl zimmerman Murray Howard, Alternate Carmen Annunziato, Planning Director Jim Golden, Senior City Planner Tambri Heyden, Assistant City Planner Tim Cannon, Senior City Planner Chairman Walshak called the meeting to order at 7:35 P. M. Following the Pledge of Allegiance to the Flag, he introduced the Members of the Board, the Planning Staff, and recognized the presence in the audience of Vice Mayor Robert Olenik, Jr.; Commissioners Ezell Hester, Jr., Arline Weiner, and Lee Wische; and Peter L. Cheney, City Manager. AGENDA APPROVAL under "OTHER", Mr. Annunziato added "B. Review of Proposed ordinances". He added that the ordinances were for con- sistency review. Mr. Annunziato also handed out additional materials, among which was the Treasure Coast Regional Planning Council's Regional Report which was received yesterday at 5:00 P. M. Even though they would not be much help for tonight's meeting, Mr. Annunziato said they could be used for reference. Under "NEW BUSINESS", Mrs. Huckle felt the words, "Public Hearing should be added. Mr. Richter moved to accept the agenda as amended, seconded by Mr. Lehnertz. The motion carried 7-0. APPROVAL OF MINUTES Minutes of April 5, 1989 Minutes of April 11, 1989 Minutes of April 12, 1989 Minutes of April 15, 1989 Minutes of April 20, 1989 Mrs. Huckle observed that no vote was shown for the agenda approval on page 1 of the April 5th minutes. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 On page 1 in the minutes of April 11, 1989, Mrs. Buckle said the second paragraph under "ELECTION OF CEAIRMAN AND VICE CHAIRMAN" should be changed to reflect that the motion was seconded by Mr. Zimmerman, not Mr. Lehnertz. Mr. Richter moved, seconded by Mr. Blanchette, to approve the minutes of April 5, 11, 12, 15 and 20th with the above corrections to the minutes of April 5 and 11, 1989. Motion carried 7-0 for the minutes of April 5, 11, 12 and 15, 1989. Mrs. Huckle abstained from voting on the minutes of April 20, 1989 because she was not present at that meeting, so the vote to approve the minutes of April 20th was 6-0. COMMUNICATIONS AND ANNOUNCEMENTS Mr. Annunziato introduced Frances Bartlett, working with the Planning Department. Ms. preparing Board materials. a new Secretary Bartlett will be OLD BUSINESS A. PUBLIC HEARING (Continued from 4/11/89 Meeting) PARKING LOT VARIANCES Project Name: Agent: Owner: Location: Description: First Church of Christian Scientists Capstone, Inc. Christian Science Society, Inc. West side of South Seacrest Boulevard, north of Golf Road Request for a variance to Section 5-142(g.) "Parking Lo{ Construction" of the Parking Lot Regulations Mr. Annunziato asked that this be continued until the next regular meeting of the Board. Mr. Zimmerman moved, seconded by Mrs. Huckle, to continue the public hearing of this request until the meeting of June 13, 1989, as recommended by the Planning Staff. Motion carried 7-0. - 2 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 NEW BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Location: Legal Description: Description: Showtime George C. Davis Boynton Michael Realty, Inc. West side of North Federal Highway, south of the Boynton (C-16) Canal See "Addendum A" attached to the original copy of these minutes in the Office of the City Clerk. Request for a variance to Section 5-142(h)[3) "Driveways", of the Parking Lot Regulations Mr. Golden read Mr. Annunziato's memorandum dated May 2, 1989, which was addressed to the Board. (See "Addendum B" attached to the original copy of these minutes in the Office of the City Clerk.) Since the existing driveway near the south property boundary is located approximately 130 feet from the intersection, a variance is required. (Mr. Golden informed the Board that the application said 150 feet, but ne measured 130 feet.) The TRB recommended that the variance be approved as submitted. Mr. Richter thought the Board had gone through this on the application for the parking lot. Mr. Golden responded that at that time the applicant reconstructed about 90 or 95% of the parking lot, but this southern area was left untouched. The applicant was not required to conform in entirety, but he chose to do so on his own. Mr. Golden informed Mr. Blanchette that he was talkin~ about the portion immediately to the rear of the southwest portion Of the building and on the south side of the building. There was discussion about a motor home that had previously been parked there. George C. Davis, Architect, 1100 South Federal Highway, told the Members that the o~;~er needs the variance to improve the parking. The owner was present. After viewing the site, Mrs. Huckle thought it was a logical request. As no one wished to speak in favor or in opposition to the request, THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle moved, seconded by Mr. Richter, to approve the request. Motion carried 7-0. - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 LAND USE ELEMENT AMENDMENTS/REZONINGS Project Name: Agent: Owner: Location: Legal Descrzption: Description: Boynton Beach Mall Cormac Conahan~ Esq. Boynton-JCP Associates, Ltd. Lake Worth Drainage District North Congress Avenue at Old Boynton Road, northwest corner See "Addendum C" attached to the original copy of these minutes in the Office of the City Clerk. Request to show annexed land as "Recreational" and to rezone from CG (General Commercial) to REC (Recreation) to provide foz the preservation of a pine savannah habitat (Parcel A) in connection with a proposed amendment to a previously approved Development of Regional Impact (DRI) Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Beach Mall Cormac Conahan, Esq. Boynton-JCP Associates, Ltd. Lake Worth Drainage District North Congress Avenue at Old Boynton Road, northwest corner See "Addendum C" attached to the original copy of these minutes in the Office of the City Clerk. Request to shew annexed land as "Local Retail Commercial" and to rezone from CG (General Commercial) to C-3 (Community Commercial) to allow for the expansion of an existing parking lot (Parcel B) in connection with a proposed amendment to a previously approved Development of Regional Impact (DRI) Mr. Golden read the May 4th memorandum addressed to the Board from Mr. Annunziato. (See "Addendum D" attached to the original copy of these minutes in the Office of the City Clerk.) Mr. Blanchette asked Mr. Golden to define "exotics". Mr. Golden answered that exotics are non-native plants~ such as Brazilian Pepper, Melaleuca, or Australian Pines. Mr. Blanchette commented that most of the time Brazilian Pepper is defined as a nuisance plant. - 4 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Mr. Golden informed Mrs. Huckle that in the report from the Regional Planning Council there was a letter from Randy Whitfield, Director of the Metropolitan Planning Organization (MPO), which addressed the fact that the deve- loper has been coordinating a bus route with Cotran, with the cooperation of the MPO. (A copy of said letter is attached to the original copy of these minutes in the Office of the City Clerk as "Addendum E".) He told Chairman Walshak that was one alternative. The other alternative would be to wait until the roadway improvements are in place. Mr. Lehnertz did not understand where the 12.3 acres of supposedly original Pine Savannah came from. He asked if it was correct that almost 120 acres are there. Mr. Golden replied that it came from the Treasure Coast's analysis of the regional site prior to the mall being developed and the acreage that was on the site at that time. Mr. Lehnertz talked to a number of people who have lived here all of their lives, and they told him they used to go there and hunt and fish. It sounded like the whole place was native habitat, not just 12 acres. Before the property was used for mall purposes, Mr. Annunziato said it was used for grazing cattle. Cormac Conahan, Attorney at Law, Hodgson, Russ, Andrews, Woods & Goodyear, 2000 Glades Road, Suite 400, Boca Raton, FL 33431, stated that they were here in conformity with the agreement, when they annexed the property, to come for- ward and rezone the property and address the Comprehensive Plan in accordance with the plans set forth before the Board tonight. They had listened to the staff recommendations and supported them. Attorney Conahan continued by saying they spoke to Mr. Annunziato earlier today, and he pointed out that they are having ongoing discussions with the Regional Planning Council with respect to some issues. There may be some adjustments to those issues in the future. The City Staff's recommenda- tions were something they could work with, and Attorney Conahan said they would do everything they could to bring the whole project into conformity with what all the various review bodies will have after reviewing it. By the time this comes before the City Commission, he believed all of the issues would be resolved. Attorney Conahan informed the Members that Dick Greco, Vice President, Edward J. DeBartolo Corporation, 7620 Market Street, Youngstown, Ohio 44512-6085, wanted to address them. Also present was Dr. Richardson, who will be preparing tree MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 management plans in connection with the condition requiring a plan. Attorney Conahan wished to reserve time in case there were any questions from the audience. Chairman Walshak asked what the estimated tax revenue to the City would be. Attorney Conahan answered that they estimate the direct tax revenue to the City will be $158,000 per year, generated through the occupational license, the util- ity taxes, and ad valorem tangible personal property and real property taxes. They also estimate approximately $2,500,000 in sales tax revenue, which will not come back directly to the City, but through a complex formula, there will be an advance to the City. Attorney Conahan informed Mrs. Huckle that Tom Marsicano, Associate Vice President, Greiner, Inc., Tampa, Florida, who was involved in the negotiations for the transit system, was present, and Mr. Marsicano would address her question. Mr. Lehnertz asked why the DeBartolo Corporation has decided now, in face of the existing DRI, that they want to pave over the native habitat when the DRI talks about parking garages instead. Attorney Conahan replied that the DRI has not addressed parking garages. They are simply making appli- cation that it is in conformity with the present regulations. Dick Greco, Vice President in charge of development, Edward J. DeBartolo Corporation, said the question just asked by Mr. Lehnertz indicated that Mr. Lehnertz thought that in the original DRI, they had a parking garage. Mr. Greco informed him that was not true. The parking garage that the Members saw on the plan was a covenant DeBartolo had between the stores and themselves that was filed somewhere. It had nothing to do with any legal documents. Mr. Greco thought the City people could tell Mr. Lehnertz that. When they built the mall, Mr. Greco said they did not feel they would use that property, and they had said they would leave the property as a reserve like it is. They have an opportunity to put in Sears, and he thought everyone was trying to accommodate everybody as best they could. Mr. Greco thought some people felt they would just take out 58 or 59 trees, and that would be it. He stated that they will replace three trees for one and will show what they are trying to accomplish. MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Mr. Greco showed on an overlay where the Sears store will be added and explained that if they do not take the addi- tional two acres, there will be no parking at all behind the Sears store. He advised that no department store would do that. The reason for not having a parking garage was because they need 831 spaces at $6,000 a space, and that would come to 4.9 million dollars. Mr. Greco mentioned that the City has another petition coming that is on the same street, and these people will be allowed to mitigate by adding land or doing something to the road. Because they are a DRI, they have come back. Mr. Greco informed the Members that when DeBartolo came in for the project, they paid approximately $2,500,000 for all site costs, and they ran another road through the Winchester property and connected Old Boynton Road and the other road for about another $1,000,000, so they paid approximately $3,500,000 up front when there were no impact fees and when no one else was paying anything. Because they are a DRI, they have to go through this large process, and it is very costly. Mr. Greco emphasized that they try to accommodate and, hopefully, they can resolve it. The bus that Mrs. Buckle mentioned earlier is basically the only way it is going to work. Mr. Greco apprised the Members that the Regional Planning Council said they could pull a building permit, but they could not open any store or get a certificate of occupancy until some roads were finished. When that was added up, it was a minimum of $7,000,000. Mr. Greco advised that you cannot pay $7,000,000 for roads to add one store anymore than you can pay $5,000,000 for a parking garage. He stated that it will not work any ether way. They are not trying to pressure anyone; they have,tried to accommodate everyone; but this is just the way i~ has to be from a business stand- point. When they presented the property to the Regional Planning Council, their experts said to burn all of the underbrush and the Brazilian Pepper because if they do not, over a period of time all of the trees that are there will die. Every expert they talked to said the same thing. If they do that, Mr. Greco said the neighbors will be able to see right to the mall because a pine tree does not offer any buffer, so they were going to plant three trees for every one they remove, plus put up a buffer. They spent $3,000 just for slides to show what it will look like. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Mr. Greco repeated prior statements and added that it would not matter what department store it was, they will not build without a certain parking ratio, and they cannot build without parking behind the store. Mrs. Buckle asked how expensive a project the bus connection to CoTran would be. Mr. Greco answered that they talked to CoTran. This came up rather abruptly. The head of the Regional Planning Council and the head of the bus company are away. They are trying desperately to get numbers together before the City Commission meeting. If they were to pay an impact fee and that was it, like anybody else would do, Mr. Greco said it would be about $98,000 to add one store. To prepare this land for Sears costs a lot of money. They have tried every way they could to figure some way not to disturb the area. They were now talking about the least they could get by with, and they are not through. The amount will be about $300,000 from DeBartolo. Irving Cure, CoTran, talked to the State, and is going to get some State grants. They can buy three buses through the Federal Government at $157,000 apiece if there is something of this nature, so CoTran is really in favor of it. Mr. Greco commented that maybe there could be a bus system in Boynton Beach as a result of tlhis one store. Other things are coming up in the County that based on the formula that the Regional Planning Council uses, which is different than the one used by the City, Mr. Greco said the City will have to turn down a lot of projects. That was neither here or there, but people do not realize that tax dollars keep a City going. Mr. Greco called attention to what the total mall has been paying the City for the years it has been there and remarked that those monies should be paid on some roads also. He commented about roads and added that if the philosophy is that no one builds unless $7,000,000 to $10,000,000 of work is done, he questioned how anyone could build anything. Mr. Greco stated that was the real issue, but it has been diverted by the fact that they might have to move some trees, which he did not m~nlmlze. In addition to mitigating the impact and the cost of the roadways, Mrs. Buckle asked if the possibility of a bus transportation system would relieve the applicant of having to invade the preserve area because the parking would not be so demanding. Mr. Greco answered, "No." If they would not MINUTES PLANNING ~ ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 do that, the ring road would be right up to the back of the Sears store, and there would be no parking back there at all. Chairman Walshak determined there were two issues. One was the pine preserve, and the second was that the Treasure Coast Regional Planning Council requires that all of the road links be done prior to an occupational license being issued. He thought Mr. Greco was saying the pine preserve was minor in comparison to the cost for the roads. Mr. Greco expressed that they are treated differently because they are a DRI. ~e repeated prior statements and elaborated on the procedure they have to go through because of being a DRI. If the bus was implemented, Mrs. Huckle did not think they would have to supply so many parking spaces. Mr. Greco confirmed that was correct, but he reiterated that any major department store want,s parking around its store. He explained. Mr. Grec~ said any mall has five parking spaces for 1,000 gross feet !of leasable area. He pointed out that the parking spaces atl the mall are never really full except maybe at Christmas a~d the day after Thanksgiving. There are plenty of parking spaces. Not only does the City require them, but all of the department stores require them. If the City wanted to lower the ratio, Mr. Greco said DeBartolo would have to get approval from every person they lease to. No department store will come in without parking aro~and its store, and he explained. Mrs. Huckle asked Mr. Greco to clarify why the bus would be an important increment. Mr. Greco replied that it is an ~mportant increment because the Regional Planning Council says they have a level of service (LOS) on the road that needs to be fixed. The only people that have to worry about fixing it at this minute are DRI projects like DeBartolo's. Anyone that is not a DRI can just build, but the Regional Planning Council is telling them that unless the roads are completed, they cannot build their project. Chairman Walshak interjected that in lieu of building the roads, DeBartolo is furnishing the bus service. Mr. Greco clarified that the buses will bring people to the Mall, and that will relieve the trips off of the road. There were further comments about Sears and the parking. Mr. Lehnertz gathered that Mr. Greco was saying they would have to tear up part of the pine preserve in order to make the site attractive for any kind of major store to come in. MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Mr. Greco answered that they have tried every way to try and avoid that. It appeared to Mr. Lehnertz that there was either a case of bad planning or a case of total disregard for the current DRI when the mall was set up. Mr. Greco repeated that it was not on the original DRI. When he initially came in, months ago, he said they were trying to achieve this, and this was the only way they could do it. Mr. Lehnertz understood that the current DRI specified that the pine preserve area be preserved. Mr. Greco confirmed that was correct. There were further comments about the parking garage. If any store had to have part of the pine preserve removed, it appeared to Mr. Lehnertz that there was poor planning when the mall was originally built. He elaborated. Mr. Greco responded that they did not know they were going to put a store there, when they built the mall seven or eight years ago. Sears just came up recently, which was why the applicant was here. If they had built it then, they could have done it then and not said they would leave the money. Mrs. Huckle recalled that the mall was planned for six major department stores. Mr. Greco replied, "At some point." Mr. Marsicano reminded Mr. Greco that they did not know what size the stores would be, plus the fact that some of the others were bigger than what they were originally supposed to be, but that happens all of the time. Mr. Lehnertz noted that a number of the existing stores exceeded their square footage by a considerable amount, and he wondered what would prevent changing the configuration of Sears. It seemed to him that Sears could be expanded north and south instead of west. Mr. Greco alluded to Sears and DeBa~tolo doing plans like this all over the United States every day of the week. If they could do that, they would. If this was not the only thing they could do, they would not be ~oing through all of this. Mr. Greco stated that they will probably spend $150,000 to make the back part look nice, and he offered to show slides to t'he Members. Mr. Lehnertz asked if there is a current management plan for the trees along the western wall. Mr. Greco answered that there is no management plan at all. It was to remain as it was. Mr. Greco thought it looked horrible along the wall and said if the project was approved, they would fix it better. If the protect was not approved, they will still do something. The ditch that runs in front - 10 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9~ 1989 of the wall is where everybody's drainage from the sub- division across the street comes from. They got the OK from the County to enclose that, and they will plant in front of it. Mr. Greco informed Mr. Lehnertz that the wall was put up because that was what the neighbors wanted, and he admitted that the landscaping job they did was gross. Mr. Greco stated that DeBartolo will fix that one way or the another. They will fix it a lot nicer. Mrs. Huckle observed that the proposed landscape plan was excellent. Mr. Greco responded that it will be a lot better than what is there. If all of the underbrush and Brazilian Pepper, vanes, etc. were removed to preserve the pine trees, there would be no buffer at all. What they are going to do will look a lot better. Some neighbors are for it, and others are against it. Mr. Greco said they have racked their brains on this for months and spent a fortune today just trying to do the best they could. Mr. Lehnertz asked where the figure for the parking garage came from. Mr. Greco replied that any manual or Engineer could tell him. Some want more than that. It was not an unusual number. Mr. Lehnertz inquired whether that was what it cost the City to build the two parking garages they have. Mr. Greco did not know, and he referred to projects an Tampa. Mr. Blanchette asked what the open spaces they will provide would cost. Mr. Greco answered that it would be a lot less. They will have to enclose the canal, and that will have to be weighed with the bus situation and what they spend on the DRi. After elaborating about the DeBartolo Corporation, Mr. Greco co~ented that obviously, they cannot spend $7,000,000 on the streets. If they were to build a parking garage, Mrs. Huckle wondered where it would go. Mr. Lehnertz replied that there were three sites. One was in the southwest corner and one was where Macy's is. Mrs. Huckle determined that still would not cure the adjacency of the preserve area to the rear of the proposed Sears. If they had a parking garage, Mr. Greco said they would not have to use the preserve area. Mr. Lehnertz asked why they could not put a parking garage under Sears. Mr. Greco replied that it would have to be around Sears. If they did not touch the preserve area at all, Mr. Blanchette pointed out that they would not have more than - 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 two dead trees, and in a few years, there would be a lot of dead trees. If they did not do anything, Mr. Greco said it would die over a period of time. If they put the parking garage up and did what the Regional Planning Council said, the neighbors would see not only the wall but the parking garage, and all they would have would be the pine trees sticking up. Vice Chairman Collins referred to the management plan and questioned whether it would be an ongoing process. Mr. Greco hoped that by the City Commission meeting, they would come up with something everyone would be happy with. Unfortunately, they have not had the time, but they have a landscape plan. Mr. Greco mentioned to some of the neigh- bors who are not for the project that regardless of who pre- vails, if they want something changed that DeBartolo can accommodate, DeBartolo will be glad to do it. They came up with four or five different plans. No matter what they do, some people like it and some do not, which is normal. After elaborating, Mr. Greco said they will do it as nicely as they can, and this time what they will have will be on paper, in advance. Mr. Greco apologized for coming back and saying they will use the land because they have no choice. He also apologized for the way the wall looks and added that was what the neighbors originally asked for, and DeBartolo will take care of it. Chairman Walshak asked if anyone in the audience wished to speak in opposition to the application. Robert Flanigan, Senior Planner, County Planning Division, was directed to appear before the Board to give the Board of County Commissioners' position on the issue which revolved around the effect the Sears development will have on the pine flatwoods preserve. The County Commission sent a letter to City Manager Cheney, and they asked that it be submitted to the Members for their review. Mr. Annunziato said it was in the report from the Treasure Coast Regional Planning Council. (A copy of said report, entitled "Boynton Beach Mall Substantial Deviation" is in the Office of the City Clerk.) Mr. Flanigan said the issue at hand dealt with the pine preserve. They were not dealing with a 2% or 4% reduction. They were dealing with a 42% reduction, which is substantial, because it cuts the preserve in half. About this time last year, Mr. Planigan said the County Commissioners asked the 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH~ FLORIDA MAY 9, 1989 County Staff to be ready to come before this Board and the City Commission. Two members of the County Staff were unable to attend this evening. One was to provide the Board with information and ask questions concerning traffic. Fifteen years ago this month, Mr. Flanigan said the Boynton Beach Mall came before the County Commissioners. At that time, they voted for a regional mall consisting of eventu- ally five anchor stores. If some of the anchors were smaller or increased, modifications might be made, but it was not to be six large anchors. Mr. Flanigan joined the County Staff in 1973, and this appeared before the County Staff in May of 1974. The County Staff and Commissioners at th~at time listened to the concerns of the Environmentalists and residents of Pine Acres Subdivision to the west, where there are at least 240 home sites. Since the County Commission was concerned, they held a meet- ing on April 18, 1989, and the staff gave their presentation at that time. The Commission voted 5-0 to support the preservation of the entire 5.83 acres. They also directed the County Staff to appear before the Treasure Coast Regional Planning Council on April 21, 1989. Much of the discussion revolved around the pine preserve and the effect that the plan would have on the environment and on the neighorhood to the west. In addition, much of the discussion concerned traffic impacts on Boynton Beach. The Regional Planning Counci but that was the minimum. prohibit the County or any m felt was best. When the Cou then, the Treasure Coast pol point and time, the Resoluti was to request of the City t 1 discussed 25% of the preserve, ~. Flanigan said that did not anicipal~ty from doing what they ~ty Commission approved this icy was not in effect. At this Dn of the County Commissioners ~at 5.83 acres be preserved. When it says, "Preserve the property," Mr. Flanlgan advi ~reser~e for an indefinite p ven though those words were intent of the County Commiss at the time of approval in 1 elapsed~ Mr. Flanigan stress that the environment is prot pine flatwoods and the witdl it is good for the aesthetic a narrow buffer. It does not have to but it can be partially open prairie. ~lne area on the subject ;ed that it did not say to ~riod or preserve and reduce. not there, it was the true .on to preserve it in perpetuity 974. Since 15 years have ~d that it is even more important scted. He elaborated on the ife. Mr. Flanigan stated that s. A wide buff~er is better than be 100% pine trees, - 13 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 In June cf 1988, when the County Commission listened to the public input, they also listened to the Coalition for Wilderness Islands, whose Resolution also asked for the pro- tection of the pine preserve. The County Commission, in its discussions, as well as the Treasure Coast Regional Planning Council, hoped there would be other alternatives other than the reduction of the pine preserve. One would be the parking garage. There Ks a parking garage at the West Palm Beach Mall. Mr. Flanigan agreed that christmas time is when mall parking lots see the most usage. He hoped the City would grant a variance to the parking. The balance of the year, there is not that much pressure on the parking areas. Mr. Flanigan knew the City revenues were in the backs of the minds of the Members, and he stated that they would be substantial for the City. Instead of accepting the project as it was, he hoped the City would look at the alternatives. The County Commission did not want to set the precedent whereby each municipality, when it annexes County land, eliminaues a portion of the wetlands or reduces a preserve. If that occurs again and again, the tendency for it to occur will continue. Mr. Flanigan hoped the P&Z Board would recommend that the City Commission preserve the 5.83 acres and ask the developer to submit to the City some alternative means other than what was before them. When the applicant talks about the manage- ment plan, he said they would not be managing the preserve in the future if they reduce it by 42%. It would be more of a landscaped area and would not have quality environment or the wildlife habitat which is there now. The developer should keep the preserve clean. Chairman Walshak inquired whether Mr. Flanigan had looked at the site. Mr. Flanigan replied that he had been there. Chairman Walshak asked if Mr. Flanigan thought the pineland flat area would die in the next couple of years. Mr. Flanigan answered, "Not if it is maintained as it should be." There was no maintenance package on it and Chairman Walshak questioned whether it would die over the next couple of years, if it was left the way it is now. Mr. Flanigan did not think so but said when the County enacts its Exotic Species Ordinance, it will require that private property owners remove exotic species. That would harm the Brazilian Peppers, but there are not that many on the site at this time. 14 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Chairman Walshak asked what the County Staff's recommendation to the City Commission was. Mr. Flanigan answered that it was to retain the preserve. From reading accounts in the newspapers, Chairman Walshak understood that the County Staff had suggested that part of the preserve be taken, and the County Commission went against the County Staff's recommendations. Mr. Flanigan had no knowledge of that. Mr. Richter referred to the Town Center in Boca Raton, which was a DRI, and asked what the recommendations were there. Mr. Flanigan answered that he was not personally involved in reviewing the Town Center. Mr. Richter reminded him that Sach's and Bloomlngd~le's are new, and there was an impact on ~the roads from those areas. He wanted to know what the County Planners did as far as the Town Center's development and road impact fees. Mr. Flanigan did not have any information on that. He hoped everything was done properly but added that it should not diminish what they were trying to do here tonight. Mr. Flanigan thought the developer should have tried harder to listen to what the County Commlssion said by a vote of 5-0 and what the 20 Members of the Treasure Regional Planning Council, who voted unanimously, said when they a~ked the City to request the developer to preserve 5.83 acres. Mrs. Huckle drew attention to a letter dated March 28, 1989, addressed to City Manager Cheney, from Roxanne Manning, Acting Planning Director, Department of Planning, Zoning & Building, Palm Beach County, which was included in the report from th~ Treasure Coast Regional Planning Council. The letter sta~ed that the Department of Environmental Resources Management (DEl{M) opposed the proposed reduction in the size of the pine flatwoods preserve, and DERM and the County Planning Staff both believe that a parking garage would be a viable alternative. Mr. Greco asked Mr. Flanigan if he thought this was environmentally sensitive land. Mr. Flanigan answered that it Ks not on the list. Mr. Greco produced the Palm Beach County Native Ecosystem Map, which the County paid for last year, and said that land was not on it. In the future, Mr. Flanigan said it may be on the map. Chairman Walshak told Mr. Greco the Board would hear his side of the story after the people were heard. Janet Hoffmeister~ a resident of Pine Acres, read a letter dated May 4, 1989, addressed to Mayor Gene Moore, from Rebecca Martin, Spokesperson for The Pine Acres Subdivision. 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 (A copy of said letter is attached as "Addendum F" to the oriqinal copy of these minutes in the Office of the City Clerk.) Stella Rossi, 625 Whispering Pines Road, representing the Coalition for Wilderness Islands, an environmental group dedicated to preserving Florida native habitat, said their organization is supported by 23 other groups. She asked the Board to deny the rezoning or any encroachment into the 5.83 acres of the pine preserve. Mrs. Rossi attended the ~reasure Coast Regional Planning Council meeting of April 21, 1989, and their minutes say there were a little over 25 acres of pineland. If you take 25% of 25 acres, you should come up with 6.5, so Mrs. Rossi said they were under when they said 5.83 acres. She heard many statements of how degraded this small tract of land is, but she stated her organization could assure the Board that it is a functioning habitat with red wing blackbirds, hawks, cardinals, blue jays, woodpeckers, owls, and gopher tor- toises. The four dead trees known as "snags" are housing woodpeckers an~ owls. Mrs. Rossi emphasized that 149 new pine trees or seedlings are growing. Her organization counted %hem l~st week. In making their decision, Mrs. Rossi asked the Board to bear in mind that only 3 to 4% of native Florida habitat ~emains in Palm Beach County. She also asked them to bear in mind that her organization is supported in preserving this tract by the Treasure Coast Regional Planning Council and the Palm Beach County Commissioners. Mrs. Rossi told the Members that two ac~es removed from this tract for parking will cause the demise of the other remaining part. Mrs. Rossi's organization f~lt there ~ere alternatives without natural Florida habitat destruction, and she elaborated. Joan Davis, President of the Palm Beach County Chgpt~r of the Native Plant Society, stated that the Society strongly opposes any impact by development in the pine preserve. She referred to the statement that the trees left on their own would die in a couple of years and said it was not true. She said there was no basis or fact for the statement. The snags on the property are probably dead because of prior disturbance from heavy equipment running over the ro~ts as a result of development. 16 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Boyd Kohl remembered when Mr. Greco put up the cement wall and took out all of the natural vegetation. Some of the residents went to Palm Beach County, when it was under the jurisdiction of the County. He stated that they were going to have open percolation tanks where the retention pond is Mr. Kohl thought the agreement when it was annexed was important. He asked why everyone should not live up to an agreement. Mr. Kohl referred to the 5.83 acres and recalled it had been 7.7 acres. He said the applicant dug a ditch along Javert Street and diverted the canal that went east and w~st so that if there was an overflow of water from the parking lots, it would go into the Boynton Canal. From 7.7 acres, they are down to 5.83. Out of the 5.83 acres, the applicant wants to take another 2.4 acres. Mr. Kohl could not see the justification for this. Of the 240 home sites, more or less, in Pine Acres, (West Boynton Plats 1 and 2), Mr. Kohl asked what happened to the ether vegetation that was there. Now the applicant wants to put a vegetative buffer there, but they want to take more of the natural buffer away which would eliminate the gas fumes that will come from the parking lot. Mr. Kohl thought the people of Pine Acres had been very patient. They are for progress, but he felt the applicant should respect their feelings and where they live. Maurice Rosenstock, 1 Villa Lane, Hunters Run, was not in opposition to the developme~ of Sears and he understood the concern of the citizens for the preservation of that area. He was particularly concerned about the traffic impact and the $7,000,000 fee the applicant might have to pay as opposed to a $4,000,000 parking garage or both. Mr. Rosenstock said most shopping centers in the United States create a transportation management plan~ and he suggested that. The components of the plan should consider some very important aspects. Mr. Rosenstock called atten- tion to the number of employees and said they were talking about 3,000 trips a day x 2 going to work in the morning and coming back at night. The total estimated trips per day for Sears would be 3,693, as specified by the Planning Department and the County. They were talking about almost a trade off in trips per day. Mr. Rosenstock said a lot of cities force the employees to park in another area and have shuttle buses running from an - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9 , 1989 outlying area to the mall, which mostly eliminates the traffic impact that might be created by the employees. asked where the employees would park at the mall. Mr. Rosenstock suggested the shuttle bus and said a car could be available to leave the place in case of emergencies. He Mr. Rosenstock was sure most people do not use shuttle buses to go from their homes or condominiums to shopping areas, because the buses do not make enough stops along the way, do not go to grocery stores, and women do not want to drag packages on and off the bus. He emphasized that the value of bus transportation is not what it is cracked up to be. Mr. Rosenstock hoped the applicant would try to do something to get the employees to park in other places. Mother thing other cities have asked developers to do is to extend their daylight hours and offer special selling prices to give people an incentive to come to the mall at later or earlier hours and spread out the traffic impact. Mr. Rosenstock had about 13 other items, but he limited himself to three minutes. As no one else wished to speak in opposition to the request, Chairman Walshak asked if anyone wished to speak in favor of the application. Nick Hartless, 3603 Oberon Avenue, referred to how the place looks now and said any bit of improvement will help it tremendously. He thought Mr. Greco was doing a lot of work toward that and felt if they do not work with him, they can- not expect the County to protect the residents. Mr. Hartless was all for what the applicant plans to do. Mary McCullou~h, 3545 Oberon Avenue, felt the plans DeBartolo came up would enhance the whole area, the property values, and the way the whole neighborhood looks. The fact that they will replace three trees to one said it all. Ms. McCullough saw it as an advantage. She saw it as beautiful plants. As her kids get older, Ms. MeCullough was afraid they would go around the retention pond, and she wanted to see it and the canal closed in and underground pipes put in. As no one else wished to speak in favor of the application, THE PUBLIC HEARING WAS CLOSED. Mr. Greco referred to the money the applicant spent and number of experts they had look at it. He again called attention to the study the County had madew called an the - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 "Inventory of Native Ecosystems in Palm Beach County", and repeated that this land was not even on it. Mr. Greco realized a lot of people had been calling the people in government but said someone will have to make a decision along the line. The DeBartolo people had not talked to any- one. Mr. Greco remarked that maybe somebody should start monitoring what is happening to some of the properties on the inventory list, and he offered to do the monitoring if anyone wanted him to. He reiterated that this was minor to whether the buses and other systems will work. Mr. Greco repeated prior statements and stated that if the bus system does not work, this will not be a reality, regardless of the trees~ He said if anyone present tonight had any questions, they s~0ul~ call the applicant. DeBartolo has professional people that Mill answer any questions on a professional basis. Chairman Walshak asked if any of the Board Members wished to ask DeBartolo's professional people any questions. Mr. Lehnertz referred to a notebook the Members had called "Boynton Beach Mall - Amended Development for Regional Impact". On pages 8 and 9, Mr. Lehnertz said there was a photograph of the current mall site. Immediately after that was Map H, which had a line drawing of the map site with Sears proposed. Mr. Lehnertz inquired why Sears has to come so far west when it appeared to him that they could shorten the east/west direction and expand it north/south. Mr. Greco answered that there are hallways inside the mall. If they did what Mr. Lehnertz suggested, they would cover up the backs of 15 or 20 little shops, and they would not be able to get in and out. Loading docks are there. Mr. Richter asked for Dr. Richardson's opinion of the eco- system the way it is now and the way it is proposed to be. Dr. Donald Richardson~ Ecoloqical Consultant, Tampa, ~i6r~-~-~ ~n~r--~ t--~ M~r~ that he is presently conduct- ing several studies dealing with the management of pinewoods at Quantum Parks and several sites throughout the State. In his op~nlon~ the site referred to tonight is a degraded pine flatwood. There were several reasons for the degrada- tion. Pine flatwoods normally burn on a three to four year cycle. This pine flatwoods has not burned for several years. As a result, the low light levels have forced the vines to grow to the tops of the trees. There are approximately 175 trees. Approximately 50% of the floor is exotic in nature. - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Dr. Richardson noted the question here had been the issue about this as a pristine environment. He advised that there are no gopher tortoises on the site. There are one or possibly two abandoned gopher tortoise burrows on the site. There are no protected or endangered animal species and/or plant species that are exhibited or exist in this habitat. Approximately 50% of the cover is dominated by exotic species. As per the Regional Planning Council's requirements, if this site would be maintained, Dr. Richardson proposed (1) a burning progra~ which could burn the site under rigid condi- tions because if the site were to catch fire naturally (by lightning or arson), probably better than 50% of the exist- ing trees will be lost. Most of the trees are 85 years old or better. The scorch from a ground fire and the fact that the vines are up in the trees would allow the fire to move from the ground up into the canopy, which would cause the trees to drop a tremendou~ needle load to the ground. Under stressed conditions, the system would be opened up to a beetle attack. Dr. Richardson observed there were a lot of questions about whether the trees were going to die. If they do no manage- ment on the site, the exotic vegetation would slowly out compete the native vegetation. There are a few areas of native ground cover. If a fire would burn through there, most of the trees would probably be lost. Dr. Richardson said the applicant is proposing a fire management plan, consistent with burning the properties, which would involve the elimination of all of the exotic species. They would have to mulch and chop the under story and run a cool back fire through the property under certain conditions. If they go by the Treasure Coast Regional Planning Council's decree and manage that area, Dr. Richardson said the home- owners will be looking at an area that has 175 mature pine trees and no under soil. ~t will be like looking at a piece of asphalt with light poles on it. They propose to plant a buffer consistent with managing the pine flatwoods. That means that they want to plant the pine flatwoods species in a buffer so that the homeowners cannot see the mall but enhance the existing pine flatwoods to a point where over time it may become part of the natural ecosystem study that was done several years ago. Dr. Richardson stated that the site will continue to be used as a migratory, roosting, and nesting facility for birds, - 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 even if the exotics are there. If the exotics are taken out, birds will still be there. There may not be as many, but the plans are to enhance the area, over time, to a pine flat- woods that is productive. Without a burning program, the system will continue to degrade to a point where the trees could possibly be lost. The trees have been there a long time. Although this was unusual, Chairman Walshak wished to reopen the public hearing. The Board Members had no objections, and THE PUBLIC HEARING WAS REOPENED. Ralph Marchese, former Mayor, 1901 S. W. Roma Way, told the Members that compromise must come of this. The City is ask- ing DeBartolo to make all kinds of concessions. Mr. Marchese reminded everyone present that the City is in dire need of an additional tax base. The number of jobs are paramount to the City. The net income from sales will benefit not just DeBartolo but the entire City. Mr. Marchese requested that the Members bear in mind that the City needs scrub lands and ecosystems, etc. He wished the City had enough money to buy the property near Seacrest. Mr. Marchese respected people like Mrs. Rossi, who take an interest in nature, but he again urged the Members to compromise. If an acre, 1½ or 2 acres is lost, it can be made more attractive, and the entire area can be more attractive. Mr. Marchese asked the Members to remember the City and its needs. THE PUBLIC HEARING WAS CLOSED. With regard to the pine area, if the Regional Planning Council decides that 25% is not the right number, Mr. Annunziato thought the problem the City will have and the Regional Planning Council will have is that the City has published a standard Comprehensive Plan policy, which is 25% is to be set aside. Under certain circumstances, he thought the City could expand upon the 25% if findings were made of the danger to certain species, such as scrub jays nesting in the area. In this instance, the findings were that the site does not support any endangered or affected species. Mr. Annunziato thought the City would be hard pressed to support or push a policy that exceeds 25% after they publish that standard. If this is adopted with the 25% standard, Mr. Annunziato thought the Regional Planning Council will be hard pressed - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 to support a polic~ in excess of what they published in their Regional Policy Plan. He would hate to have to show cause why. Mr. Richter reiterated the same thing former Mayor Marchese said. Some negatives were involved, but he thought the positives far outweighed the negatives as far as the good of the citizens of the City were concerned. Mr. Richter thought Mr. Greco had pointed out the concessions DeBartolo is trying to make, and the applicant is trying to work with the City.and the Regional Planning Council in making this accept'able to all parties. He felt everyone had to give a little bit, and they should do this for the good of the City. Mr. Blanchette agreed but believed the only way the City would get this tax base would be by eliminating a few trees. After elaborating about trees, he stated that he believed we need Sears as a tax base. As long as there as some type of management system being put in place to ensure that the trees are replaced as requested and the City makes sure that as implemented, Vice Chairman Collins thought it was a worthwhile venture and had no problems with it. Mrs. Huckle was very impressed with the landscape proposal DeBartolo made. It appeared that the plan would add a better landscaping than what now exists, an addition to the fact that it will be maintained and there will be an agree- ment. Mrs. Buckle did not like the idea that an agreement was being abridged. She had voted against the annexation into the City because she thought the residents would get "a better shake" as far as the preservation if it stayed in the County. At this pointt she was impressed by the land- scape scheme. As far as Mrs. Huckle knew, there was no agreement, other than good will, that DeBartolo had to leave that in a better state than it now is in. Mrs. Buckle said she would hate to see a major store like Sears be lost to the City. She agreed with former Mayor Marchese and his remarks. Mrs. Huckle appreciated that the Environmentalist and the Coalition for Wilderness Islands had done their homework, but she had to favor the landscape plan that was presented. Mr. Lehnertz looked at the fact that at first they had recommendations from both the Palm Beach County Commission - 22 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 and the Regional Planning Council to preserve this in its entirety. The West Palm Beach Mall built a parking garage, and it did not seem to hurt them any. If this mall is as successful as DeBartolo would have them believe, it seemed to Mr. Lehnertz that they could put some money into under site parking as opposed to tearing out trees. Mr. Lehnertz thought they were looking at somebody who had come in and said he would agree to something because it fitted his needs, but as soon as his needs changed, he no longer had a head to fill the prior agreement. As much as he wanted to see Sears built and as much as the City could ~se the ta~ base, Mr. Lehnertz could not see taking an existing DRI (particularly in the face of the County Comm~ssiQn and the Regional Planning Council) and saying the preserve is not needed any more and setting the precedent of letting a developer change it however he wants. Mr. zimmerman also wanted to see Sears store here, but he felt very much like former Mayor James Warnke, who served at the time the mall was built. Mr. Zimmerman was Mayor after Mayor Warnke, and he was on the City Commission during much of the planning and building of the present mall. Mr. Zimmerman read part of a letter written by Mr. Warnke, as follows: "When the mall site plan was first approved by the City Council~ a commitment was made to the nearby residents to leave the buffer zone in tact. This promise by the DeBartolo Corporation went a long way for the final site plan approval. It now appears that this commitment may be broken. DeBartolo promised the citizens. The City promised the citizens. Please do mot break this promise and destroy part of that buffer zone in the name of the developer's dollar." No one had convinced Mr. Zimmerman that former Mayor Warnke was totally wrong. If he had writen the letter, Mr. zimmerman said he may have made it stronger than that. Motion Mr. Richter moved, seconded by Vice Chairman collins, to approve the request to show annexed land as "Recreational" and to rezone from CG (General Commercial) to REC (Recreation) to provide for the preservation of a pine savannah habitat (Parcel A) in connection with a proposed amendment to a previously approved Development of Regional Impact (DRI). The motion carried 5-2. Chairman Walshak, - 23 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Vice Chairman Collins, Mr. Blanchette, Mrs. Huckle, R~ichter voted for the motion. Messrs. Lehnertz and z!immerman voted against the motion. and Mr. MotiOn Mr. Richter moved, seconded by Mrs. Huckle, to approve the request to show annexed land as "Local Retail Commercial" and to rezone from CG (General Commercial) to C-3 (Community Commercial) to allow for the expansion of an existing parking lot (Parcel B) in connection with a proposed amend- ment to a previously approved Development of Regional Impact (DRI), subject to staff comments as shown on "Addendum D" attached to the original copy of these minutes in the Office of the City Clerk. There was discussion about the staff comments. A vote was taken on the motion, and the motion carried 5-2. Chairman Walshak, Vice Chairman Collins, Mr. Blanchette, Mrs. Huckle, and Mr. Richter voted for the motion. Mr. Lehnertz and Mr. zimmerman voted against the motion. THE BOARD TOOK A RECESS AT 9:40 P. M. The meeting resumed at 9:50 P. M. ANNOUNCEMENT Chairman Walshak announced that tomorrow night (Wednesday, May 10, 1989) there would be a Community Redevelopment Agency Seminar at the Civic Center at 7:30 P. M. Ladies and gentlemen, who are quite impressive, were invited by the City to talk about the Central Business District and the expanded redevelopment area. The public is invited. B. SUBDIVISIONS PRELIMINARY PLATS 1. Project Name: Agent: Owner: Location: Legal Description: The Village Shoppes of Boynton Stephanie L. Polk Enrico Rossi, P.E. VSB Limited North Congress Avenue at NW 22nd northeast corner Avenue, See "Addendum G" attached to the original copy of these minutes in the Office of the City Clerk. 24 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Description: Request for approval of the construc- tion plans and preliminary plat which provides for the construction of infra- structure · mprovements to serve a 175,618 square foot shopping center C. SITE PLANS NEW SITE PLANS Project Name: Agent: Owner: Location: Legal Description: Description: The Village Shoppes of Boynton Stephanie L. Polk VSB Limited North Congress Avenue at NW 22nd Avenue, northeast corner See "Addendum G" attached to the original copy of these minutes in the Office of the City Clerk. Request for site plan and shared park- ing approval to construct a 175,618 square foot shopping center including a 2,000 seat (8 screen) cinema, a cata- logue showroom store, a discount drug store, a financial institution and various other retail stores on 19.42 acres Mr. Golden said north of the site is the L-21 Canal. Across the canal to the north is Dos Lagos. To the east is Quantum Park, and south is N. W. 22nd Avenue. Further south is Motorola. To the west is Congress Avenue. Across Congress Avenue is Post Landing and Mahogany Bay. Quantum Boulevard bisects the property east to west, creating two parcels on the north and south sides. There were two previous approvals for the site named Savannah Square and Sybar Square, but those projects were never built. On the parcel north of Quantum Boulevard, there will be an eight screen cinema and a branch bank of NCNB. Access will be provided by a main drive onto Quantum Boulevard and a secondary driveway, which will be a right turn in and right turn out only onto Congress Avenue. Mr. Golden continued by saying the parcel south of Quantum Boulevard consists of general retail floor space. The major tenants are Freddy's and Luria's. Access will be at two points from N. W. 22nd Avenue. Quantum Boulevard also has - 25 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 two driveways (a main driveway and a secondary right turn in and right turn out only driveway). There is a main entrance onto Congress Avenue which is right turn an and right turn out only. Due to the three sided frontage and accessibility from three major roads, the developer divided the southern parcel into three building clusters. The main cluster is on the east side and two little satellite clusters are on the northwest and southwest corners of the parcel. Mr. Golden said the shared parking to the cinema would require the sharing of parking spaces across Quantum Boule- vard from the southern parcel at the times of the peak hour uses of the cinema. There is a potential pedestrian hazard crossing Quantum Boulevard. To mitigate that problem, the developer proposed a pedestrian crossing signal which will be activated by the people. Mr. Golden said the center will be constructed of split faced concrete block with stucco finish. The color scheme is peach accented by green and burnt orange fabric awnings. There are sea foam green metal roofs and light fixtures. The TRB recommended approval of the preliminary plat, site plan and shared parking allocations, subject to the staff comments attached to the original copy of these minutes in the Office of the city Clerk as Addenda H-1 through H-2 inclusive (Preliminary Plat) and Addenda I-1 through I-4 inclusive (Site Plan), in addition to the following comments pertaining to the site plan: Public Works "Dumpster locations must be relocated." Police Department "1. Stop signs and stop bars at Not Enter at bank's one way bank exit, a One Way and drive thru. (Sec. 5-142C) Do 2. Review plans for pedestrian crossing light. issue)" (Safety Although the memorandum from Kevin Hallahan, Forester/Horti- culturist, reflected that it pertained to the preliminary plat, Mr. Golden said it related to the site plan. (See Addendum I-3.) 26 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Mr. Lehnertz called attention to the 9th comment in the memorandum from vincent Finizio, Engineering Department, and asked if anything had been said about a deacceleration lane for either the southerly entrance or Quantum Boulevard. Mr. Golden repIied that there is an existing lane that was recently constructed, and on the south side of N. W. 22nd A~enue, a lane was recently constructed. E~r~%co.Rossi, P.E., Rossi & Malavassi Engineers, Inc., 1675 palm Beach Lakes Boulevard, West Palm Beach, FL 33409, said he did all of the civil engineering on the project. With him was Derek Vander Ploeg~, Landscape Architect. Stephanie Polk and Ted Powell from Symcor Properties of Florida. With reference to the memo from the Engineering Department, Mr. Rossi said the additional lanes would be required from the project!s entrance up to Miner Road. All of this was put together rather quickly, and this was not on the three Previous applications they made to the City, so Mr. Rossi wanted to review that one more time to see what the differences were between this particular site as opposed to what was done on the previous application, which had the same square footage. Aside from the other comments that were addressed dealing with the matter of water, sewer, and the parking lot, Mr. Rossi had no problem with the staff comments. He confirmed Chairman Walshak's statement that he (Rossi) was having a problem with the comment from the Engineering Department and wanted time to study it, but he agreed with the other comments. Mr. Rossi drew attention to the comment relating to the left turn lane requirement and thought it was a matter of trips as to whether that would be required or not. It was a general comment, not based on information, when it was put there by the Engineering Department. Mr. Rossi wanted to review that comment also. Chairman Walshak asked if Mr. Annunziato would have any problem with reviewing these with Mr. Rossi between now and the time the project would come before the City Commission. Mr. Annunziato answered, "No." Mrs. Huckle called attention to the memo from the Planning Department, dated May 8~ 1989, with regard to signalization and the posting of a bond (See Addendum I-4), and asked if Mr. Rossi was familiar with it. Mr. Rossi answered affirma- tively and said it was no problem. - 27 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH~ FLORIDA MAY 9, 1989 Mr. Lehnertz said Mr. Finizio's memo pointed out something to him. When you look at the Cross Creek Shopping Center, which is much smaller than this one, cars are coming down Boynton Beach Boulevard 40 m.p.h. They have to brake hard to make a right turn, and there have been close situations. Mr. Lehnertz felt they should have right turn deacceleration lanes. Mr. Rossi stated that they do have them in place. After explaining, he said they were constructed as part of the improvements for Quantum Park. M~tion on Preliminary Plat Mr. Blanchette moved to approve the request, subject to staff comments. Mr. Richter seconded the motion, and the motion carried 7-0. Site Plan Mr. Lehnertz moved, seconded by Vice Chairman Collins, to approve the request, subject to staff comments. Motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Rolling Green School Park Oscar Vagi & Associates Architects, Inc. City of Boynton Beach West of North Federal Highway, between Miner Road and N. E. 26th Avenue The S. 2/3 of the E. 500' of the W. 750 feet of the NE¼ of the NE~ of Sec. 16, Twp. 45 S., Rge. 43 E., subject to the r/w of the S. 50" of the N½ of the NE~ of said Sec. 16, as described in Deed Book 947, page 367 of the Public Records of Palm Beach County. TOGETHER WITH: The S. 50' of the N½ of the NE¼ and the N. 50 feet of the S½ of the NE¼ in Sec. 16, Twp. 45 S., Rge. 43 E., Palm Beach County, Florida, less the W. 250 feet thereof. Request for site plan approval to con- struct a public park including tennis, racquetball and basketball courts, a heart trail, a play field, and a park- ing lot at an existing public elementary school - 28 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Miss Heyden said the renovation would include two new tennis courts, two racquetball courts, a soccer field, football field, a heart trail and rest~oom facilities. The property is immediately south of the Rolling Green Elementary School. A new 40 space parking lot to serve the expanded park facilities will also be constructed within a 50 foot wide strip of land owned by the City that runs parallel to N. E. 26th Avenue. Miss Heyden said 18 parking spaces are required for the out- door courts. 22 places have been allocated to serve the baseball, football and soccer fields. The Department of Recreation and Parks feels this is sufficient for those uses. ~hotographs %~ere circulated of adjacent buildings. The color scheme of the restroom facility shelter will be warm gray stucco walls with a copper metal roof. The Technical Review Board recommended approval, subject to staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda J-I through J-3 inclusive and to the following comment: Building Department 1. A five foot landscape buffer is required between the park- ing area and the N. E. 26th Avenue right-of-way. The Community Appearance Board has the authority to grant an exception to this code requirement based on specific site conditions. 2. South Florida Water Management District approval is required. Mrs. Huckle referred to the memos from Mr. Annunziato and Mr. Finizio, where they talked about the storm water being retained on site~ and she asked if the project would not be able to retain storm water on site. Mr. Annunziato replied that the City not only owns the private land and is in agree- ment with the School Board to develop School Board public land, but the City is also the owner of the right-of-way. The request is to use the right-of-way to retain storm water. Technically, that is running the storm water off site. After discussion about the storm water and a variance, Mr. Annunziato said the plan was being recommended to be reviewed subject to the applicant securing a parking lot variance for the storm water runoff off site. Chairman Walshak inquired why the applicant did not ask for a variance this evening. Mr. Annunziato answered that they - 29 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 were not prepared to ask for the variance this evening because they did not advertise a public hearing. Mrs. Huckte asked why the storm water could not be retained on site. Mr. Annunziato replied that it is more difficult to do that east of the east property line of the school. The City has a 50 foot piece of land that they are proposing to construct the parking lot in, and 45 feet of that is needed for pavement for 90° property, which leaves five feet that has to be split, or they would have to abut the street with five feet of landscaping. Mr. Annunziato called attention to the first comment from the Building Department. He further explained. If the variance Ks not granted, Mrs. Huckle asked what the alternative would be. Mr. Annunziato replied that the alternative would be that the parking lot would be designed for angle parking. Chairman Walshak thought they should cross that bridge when they get to it. Vice Chairman Collins asked if the City would be maintaining the property. Mark Thompson, Recreation Director for the City, answered that the ball fields and that sort of thing, grass, and general maintenance will be taken care of by the School Board unless the City sees it is necessary to obtain a hiqher level of maintenance on the equipment and things it puts in. Mrs. Huckle moved to approve the request, subject to staff comments. Mr. Lehnertz seconded the motion, and the motion carried 5-0. SITE PLAN MODIFICATIONS Project Name: Agent: Owner: Location: Legal Description: Description: Congress Avenue Community Park (Tereesa Padgett Park) Matthew S. Mathes Wallace, Roberts & Todd, Inc. City of Boynton Beach South Congress Avenue at Charter southwest corner Drive, See "Addendum K" attached to the original copy of these minutes in the Office of the City Clerk. Request for approval of an amended site plan to allow for the Phase Two expansion of an existing public park, including tennis courts, shuffleb6ard courts and a community recreation center 30 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Miss Heyden said the expansion will be constructed in two phases. Phase One will include nine additional tennis courts, 24 shuffleboard courts, a community center, and 124 new parking spaces. 40 spaces are existing, and 164 parking spaces will serve the facility. Miss Heyden further explained the parking. The elevations showed that there will be white and yellow awnings, gray windows with white frames, and yellow over- hangs on the center. Pictures showing the adjacent proper- ties and buildings were circulated. Manor Care is to the north, WXEL is to the south, Hunters Run are to the west, and industrial buildings on Congress Avenue are to the east. The TRB recommended approval of the request, subject to staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda L~i through L-4 and to the following comments: Engineering 1. Provide a parking lot lighting plan consistent with the requirements of Boynton Beach Parking Lot Regulations, Article X, Section 5-142 (a) required and Section 5-141 (n) lighting standards inclusive. 2. Provide a raised continuous curb at the southwest corner of the proposed parking lot where a standard stall abuts landscaped areas. Section 5-142 (e) curbs. Police Four way stop at the intersection of Charter Drive and Palm- land Drive until the sidewalk and one bicycle path are constructed on the south side of Charter Drive. Motion Mr. Lehnertz moved to approve the request, subject to staff commentS. Vice Chairman Collins seconded the motion, and the motion carried 7-0. Proje__cts Under $100,000 and TRB Chairman Walshak recalled that the following project was the one he and Mr. Annunziato had a disagreement about. - 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Although the Sign Code called for this to come before the Board, he thought under 1923, the City Commission would have to address whether they wan% these types of things that are under $100,000 to come before the Board. Chairman Walshak thought a recommendation that the City Commission look at this particular area of signage should be sent to them. He felt the City Staff could handle these administratively very easily~ Mr. Richter felt as Chairman Walshak did, that things like these should be handled b~ the City Staff. The Board depends on their expertise a~d recommendations most of the time anyway. In this particular case, they were talking about $3,000. Chairman Walshak elaborated on his prior comments and wanted a motion. Mr. Blanchette commented that it would still take time because if the deadline is missed and they do not go before the TRB~ they have to wait 45 days to wait until the TRB meets again. 45 days is over a month. The Members of the TRB are employees of the City, and they are here five days a week. Mr. Blanchette did not know why the TRB could not meet at least once a week. If the Board feels the TRB should meet once a week or once every two weeks, Chairman Walshak said the Board can make that recommendation to the Commission. Mr. Blanchette thought the Board's only solution was to pro- pose a drafted Ordinance that could be given to the City Commission. Chairman Walshak advised that the Ordinance is in place. Mr. Blanchette responded that the ordinance is no good. The City Staff is still holding projects back. Mr. Annunziato had a telephone conversation with Mr. Blanchette wherein Mr. Blanchette pointed out a problem with the way the system is working. Mr. Annunziato recom- mended to the City Manager, and the City Manager has recom- mended to the City Commission that there be two submissions a month for small projects. That was a real problem, and the City is reacting to solve it. Chairman Walshak repeated prior statements. Mr. Annunziato informed the Board that this was sent to the City Commission on Tuesday, May 2nd. He asked if Chairman Walshak was talking about specific inconsistencies. Mr. Annunziato thought the recommendation with regard to that was appropriate. Mrs. Huckle asked if that would include Planned Unit Develop- ments (PUDs). Mr. Annunziato answered that they had some 32 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA ~AY 9, 1989 comments even on PUDs for screen porches, etc. with respect to whether they were originally included on the site plan or if there was an area shown for these kin~s of uses. It was their recommendation that they not come pack to the P&Z Board and the City Commission if a persoh wanted to put screen room a as opposed to screen room B. Chairman Walshak asked what the difference was as to whether it was in a PUD or a housing project, where individual builders are building it. The money is the same, and the staff can handle it. Mr. Annunziato agreed, but he recommencled that kind of framework. The problem with PUDs Ks you ca~not go to a book and pull out the setbacks. You have to go to a master plan, and only the City Commission sets those setbacks. The Planning Department's recommenda- tion was that when the site plan is approved, the applicant should provide an envelope in which he is going to do A, B, C, or D, and he would~be permitte~ to do screen rooms or whatever within that previously approved envelope, under 1923. Chairman Walshak had no problem with that. Mr. Annunzia%o responded that the recommendations went before the City Commission last Tuesday, but the City Commission did not act on them. Chairman Walshak asked for a consensus from the Board that the City Commission include signage under 1923. Mr. Annunziato said the Commission was about to address the PUDs. Everyone on the Board agreed to this. 4. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Tract H "Sutton Place" Gary Maresca George Culverhouse Properties, Inc. Wes~ of Congress Avenue, between the LWDD L-28 and L-30 Canals Sutton Place at Hunters Run, Tract "H", Plat Book 60, Pages 133 and 134, Public Records of Palm Beach County, Florida. Request for approval of an amended site plan to allow for the addition of project signage Miss Heyden said the sign pro~ram included entry wall signs directional signs, and traffic control signs. The signs are similar to the Hunters Run signs that you now see. The wall sign will have a dark brown background with white letters. The directional signs will have the same color scheme, and the street signs will be gray with white letters. - 33 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 The TRB recommended approval, subject to the following staff comment: Plannin~ Deparument Indicate height of directional signs: a maximum of 4 feet. Gary Maresca, George Culverhouse Properties, S. W. 30th Ave.~ $8, Boynto~--~ach, FL 33426, came forward. Mr. Blanchette asked if the only people that would see the signs would be people who live in the area or their guests. Mr. Maresca answered~ "Absolutely." Mr. Richter moved to approve the request, subject to the staff comment from the Planning Department. Mrs. Huckle second the motion. Mr. Maresca was familiar with the staff comment and in agreement with it. A vote was taken on the motion, and the motion carried 7-0. OTHER Review and recommendations concerning the Housing and Capital Improvements Elements of the proposed Co_mprenensive Plan Chairman Walshak said this was open to public hearing, and he asked if anyone had any comments on either Element. There was no response, and THE PUBLIC HEARING WAS CLOSED. Chairman Walshak told Former Mayor Nick Cassandra that the Planning and Zoning Board had not ruled on group housing because it is part of the Housing Element. He did not think any recommendation was made to the City Commission on it. Mr. Annunziato confirmed that the Planning and Zoning Board had not forwarded its recommendation on the Housing Element to the City Commission. Group Homes Chairman Walshak recalled that he had heard a vote some time last year that the City would restrict group homes to R-3 areas and co~mercial areas and maintain them at 1800 feet from home to home. Mr. Blanchette agreed that was true. He felt'they were defeating the quality of life for group homes. They were putting group homes next to a railroad - 34 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 track or in some undesirable place that nobody else would want. Chairman Walshak pointed out that there are undesir- able places in residential areas. Mr. Richter did not feel they were creating the neighborhood element by putting group homes in Commercial or R-3 neighbor- hoods. He thought they needed a better definition of what constitutes a group home, how many people are involved, and the size of the home. Mr. Richter thought that was what everyone has a fear of. Nobody wants it in his back yard. People do not want to take care of people who really need the cared Chairman Walshak referred to residential areas in the City and called attention to Leisureville, which is a Homeowners Association with By-laws, which he believed would prohibit group homes for children under the age of 16. He questioned how they could fairly open it up to R-1AA. Some areas in the City will have to accept group homes but others, because of their Homeowners Associations, will not. Mr. Richter said to suppose some elderly people need care, and this is the only place they can get it. There may be partially retarded people who just need a minimum amount of care ina family and neighborhood environment. There may be only three or four in a single family home. The nature of these people is not disruptive in any way. If they would be in a normal home, Mr. Richter did not feel it would detract from a neighborhood because they would be supervised. Mr. Lehnertz concurred 100%. Mr. Lehnertz read IV-25 about group homes and emphasized the words "compatible in size and capacity~" and he reiterated statements made by Mr. Richter. Mr. Lehnertz further stated that this City, along with every other City has said, it would make the least desirable places to live R-3o They are telling these people because they need a little supervisiont the only places they can live are the least desirable places in the City. Mr. Lehnertz could not agree with that. Chairman Walshak had a problem with the "least desirable place to live." A lot of condominium associations are in R-3 and they are not undesirable. Vice Chairman Collins felt the idea came out that these people are criminals. Vice Chairman Collins said these people are looking for compassion and a place to be among 35 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 compassion and a place to be among themselves. Placing them in the most undesirable situation would not help them at all. Vice Chairman Collins thought that was what the discussion was all about, and he did not think people under- stood what the Element was portraying. At some place, he felt they had to come up with a definition to make people aware of what this consists of because he heard all sorts of things at the last meeting and had a problem with it. that R-3 is placed Walshak disagreed ~ Mr. Lehnertz argue~ homes in places wh~ not saying all ing they would not Other than R-3 being the least desirable place to live in Residential, Chairman Walshak felt Mr. Lehnertz was completely right in what he said. Mr. Lehnertz brought out next to the railroad tracks. Chairman ~nd there was discussion about R-3 zoning. that you will not find single family ire people would not like to live. He was ~ were in that situation, but he was say- find anything but R-3s in a less desirable area. Mr. Blanche~te agreed and said the City does not have a place to put dup. exes. They wind up by the railroad track, and th~ nexN. thing you know the Federal Government is subsidizing the people living ~here. That is what is in the south end of town ]'ight now. Mr. Annunziato rea( residential treatm~ Rehabilitative Ser~ They are not defin( nursing homes or ~ there was a lot of Mr. Blanchette liw not mind a group h( is a place where dc same way as Mr. Bi~ live. Mr. Richter Chairman Walshak u suggested they do [ the definition of group homes and said ~nt facilities are defined by Health & 'ices (HRS). Those have drug types, etc. id as group homes. It does not include ~ergency shelters. Mr. Annunziato thought misconception. ~s in R-1AA, and he stated that he would ,me next to him. A lot of people think it relicts hang out. Mr. Richter felt the .nchette. Everyone has to have a place to repeated prior statements. derstood the City's neighbors to the east ot have to put group homes in their Comprehensive Plan because Boynton Beach is accepting group homes. Mrs. Huckl~ reminded him that their Comprehensive Plans have to go t~rough the same review. Chairman Walshak responded that the~e are no guidelines. Mrs. Huckle observed that the Housing Element said in all residential zoning districts. Chairman Walshak asked who wrote that, and he stressed tha~ it was Plantec's specifica- tions and not 9J5. Mr. Cannon informed him that the City - 36 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Staff wrote the section on group homes. Chairman Walshak emphasized that was not the law. It was a recommendation. Mrs. Huckle agreed with the recommendation. Chairman Walshak recalled that the P&Z Board had voted against that recommendation. Mrs. Huckle reminded him that the Board did not vote unanimously against it. Chairman Walshak thought they did, and he said no one knows how they are going to address group homes. Chairman Walshak thought they better tread on thin ice. If they open it up to group homes all over the City, they may live to regret it. Nothing says they cannot come back and amend the Comprehensive Plan to include group homes in residential areas. Before putting all of the group homes in Boynton Beach, Chairman Walshak thought they should get input from the rest of Palm Beach County. With a minimum of 1800 feet between group homes, Mr. Lehnertz did not think they would be as thick as fleas in the City. Mr. Richter did not think Boynton Beach would become a dumping ground for group homes in the County. Chairman Walshak had not heard any other City in Palm Beach County putting up group homes through their whole City. Mr. Annunziato apprised the Members that Delray Beach is doing what Boynton Beach is doing. He did not think anyone wanted to be first. Mr. Annunziato thought everyone wanted to wait and be told what to do. If what he heard last week about Fair Housing Amendments was true, it is unlawful and discriminatory now by Federal Statutes. By Federal Statutes, you cannot discriminate in any way against group homes, including private associations, homeowners agreements, and condominium documents, etc. Chairman Walshak urged that they wait until the Court cases come out. Mr. Annunziato thought the ~ssue was whether the City wanted to be first or take its chances with the Department of Community Affairs (DCA), as he thought that would be the alternative. Chairman Walshak informed the Members that Ocean Ridge said they are not going to take group homes because Boynton Beach is taking them. Mr. Annunziato advised that Ocean Ridge did not say that. They said their land is too expensive. Consensus A consensus was taken on this issue, as follows: Mr. Richter felt group homes should be allowed in all neighbor- - 37 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACB, FLORIDA MAY 9, 1989 hoods. Vice Chairman Collins, Mr. Lehnertz, Mr. Blanchette, and Mrs. Huckle agreed. Mr. Zimmerman thought R-3 and Commercial was working very well, and he preferred to go that way. That was the way Chairman Walshak said he would like to go. The decision was 5-2 to allow group homes in all neighborhoods. Mr. Cannon sald all of the other comments in the Ho~sing Element were made by the City Staff. Chairman Walshak referred t6 all of the discussions the Board had. Motion Mrs. Buckle moved to recommend that the City Commission approve the Housing Element, subject to all comments made by the P&Z Board. Mr. Lehnertz seconded the motion, and the motion carrle~ 7-0. Chairman Watshak said the Board had talked about all of the staff comments discussed by Mr. Cannon, and the Board made a recommendation. Mr. Cannon stated that he would check on all of that. Chairman Walshak requested that the recommenda- tions from the P&Z Board be presented in total to the City Commission as they were recommended by the P&Z Board. Capital Improvements Element The Members had a handout that was a refinement of the cost figures. Page 32 Objective 1.7 Other than St. Joseph's School, Mrs. Huckle asked if there were any other facilities that would address. She thought the objective was great. Mr. Rumpf agreed with Mr. Cannon that the language was taken from the Recreation Element, and the said Lake Worth Christian School was a possibility because it is a private facility. This was referring to where there will be a projected deficiency and where atten- tion should be addressed now. Page 33 Objective 1.8, Policy 1.8.3 Mrs. Buckle asked which area this was. Mr. Annunziato answered that it is the area north of the proposed Boynton Beach Boulevard bridge. - 38 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Page 120 Mrs. Huckle asked what the estimated completion cost was. Assistant City Manager Hunt answered, "$300,000." Pa~e 122 Mrs. Buckle inquired what the estimated completion cost of the west wing was. Mr. Hunt replied, "$737,240." Page_151 Mrs. Huckle called attention to the bottom of the page and asked, "Which Fund?" Mr. Hunt answered, "The Building Improvement Fund." Vice Chairman Collins thought the City Manager's Department did an excellent job of putting this Element together. Band Shell Chairman Walshak said the P&Z Board wanted to take the band shell out of the park near Hunters Run, and they suggested it be moved to the Shooter's property. He asked how the money would be handled. City Manager Cheney answered that the City does not have money for all of the phases of Congress Avenue Park, and the band shell was not one of the areas the City had money for. Chairman Walshak had no problem with it. Motion Mr. Richter moved to approve the Capital Improvements Element, as amended. Vice Chairman Collins seconded the motion, and the motion carried 7-0. COMMENTS BY MEMBERS Board Members ~peaking Before The City Commission Mr. Lehnertz had a couple of very strong concerns relating to the last meeting of the Board that he wished to comment upon. While he recognized and agreed with the authority of the Chair to call a Special Meeting of the Board when circum- stances warrant, he felt very strongly that such meetings should be called with adequate notice to the Board Members. As one who has a full-time day job, he has made arrangements in the past to take time off from work in order to attend - 39 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 workshops and meetings held during normal working hours. To receive a message upon arriving home that he is expected to attend a meeting the following day does not constitute sufficient notice to make work arrangements. Mr. Lehnertz felt it showed little regard for the Members of the Board to call a meeting with less than 24 hours notice, and he hoped this situation would not arise in the future. As he read the minutes of that meeting, Mr. Lehnertz became much more concerned, to the point of becoming incensed at the arbitrary manner in which his rights as a private citizen were supposedly usurped through the attempted mis- application of Board powers. As a concerned private citizen of this city, he said it is more than his right, it is his duty to speak an any public audience that concerns itself with City policy and decisions. Mr. Lehnertz has stood before many of the City Boards, as well as the City Commission, and spoken about matters that concerned the well- being of his neighborhood and the City as a whole. In the past,'hs spoke out in Public hearings on matters that have come before this Board. Mr. Lehnertz stated that he has done this when he was in the majority as well as the minority. He did this as a private citizen and never as a Member of the Board'. AS a concerned member of this City and a citizen of a democratic country, M~. Lehnertz empha- sized that he will continue to do thisl He will refuse to le~ that right of citiz~ens~ip to be abrogated by anyone, and he elaborated. While he recognized that the City Commissioners receive the minutes of the P&Z Board's meetings, Mr. Lehnertz said they too are very busy people. After explaining, he added that there may be times when they do no~ have a chance to fully read the minutes. While recognizing the fine work done by the Recording Secretary, in the interest of keeping the minutes to a manageable length, there are discussions that cannot be fully covered within the scope of the m~nutes. In addition, the City Commission meetings are a forum for the dissemination of information for many of the citizens that attend them. These people d~ not normally have the luxury of going through the P&Z BOard's minutes and are not prlvy to the discussion before the Board unless they attended the meetings. Mr. Lehnertz repeated that he has every right to appear before any group of elected representatives and speak. He stated that this applies to all levels of government and cannot be abridged through a p~rsonal edict. Such threats - 40 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 should be viewed as an attack upon the liberties this country was founded upon and, as such, reqarded with aversion and an attack upon his basic First Amendment rights. Mr. zimmerman had no comments. Mrs. Huckle agreed with what Mr. Lehnertz said, she added that the remarks in the minutes referred to Members approaching the City Commission. The one who approached the Commission on the said night is no longer a Member of tbs P&Z Board. NO one else spoke. Mr. Richter, Vice Chairman Collins, and Mr. Blanchette had no comments. Chairman Walshak felt he had to address the fact that nobody on this Board attacked anyone's First Amendment rights. ~e said Robert's Rules of Order specifi- cally addresses a Member of a governing body when the Member is on the minority end of a vote. They were only talking about issues that were being addressed by the P&Z Board and coming before the Board. Chairman Walshak stated that the person, who was on the minority end, went before the City Commission and aired the minority's views again. Chairman Walshak said there are prescribed methods for doing that from the Congress of the United States down to Boards similar to this one. Mrs. Huckle reminded him that Jose' Aguila was not on the Board. Chairman Walshak informed her that the Member who did that is on the Board right now. What he was saying was that if an issue comes before the P&Z Board and the Board Members are required to vote on it, if a Member is on the minority end and wants to submit that to the City Commission, the proper way to do it is through a minority report. It is done all the time, but Chairman Walshak thought it smacked of "sour grapes", not First Amendment rights. ~e elaborated. Mr. Zimmerman tried to adjourn the meeting. Ordinance NO. 89-12 Adult Entertainment Mr. Annunziato told the Members this was an amendment to the adult entertainment Ordinance. The City is finding that the Ordinance that currently exists may be too prohibitive. What is being proposed is that the City's Ordinances be amended to permit adult entertainment facilities in the C-3, C-4, M-i and PID zoned areas, subject to the restrictions on page 2 of the Ordinance. The restrictions were to reduce the distance 1,000 feet between these kinds of uses and added to the distance requirement that the uses are located from. 41 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 Mr-. Annunziato asked the Board to make the following findings: 1. That the Ordinance provide for a reasonable regulation of adult entertainment without excessive restrictions. 2. That reducing the requirement from 1,500 feet to 1,000 feet is reasonable. 3. That by providing for adult entertainment in C-3, C-4, M-1 and PID zoned areas, they will allow for appropriate locations within the City. With reference to ~3, Mr. Annunziato said the locations are the Boynton Mall, several areas of Quantum Park, and an area on South Congress in close proximity to 1-95. There were comments about the locations. For the record, Mr. Annunziato recommended that the Ordinance be adopted, consistent With the Comprehensive Plan. Mr. Zimmerman asked what the problem was with 1500 feet. Mr. Annunziato answered that it was too restrictive, based on the current state of the law. Mr. Cannon advised that was the opinion of the Attorney after researching the current status of the law. Mr. Richter asked where that would leave the current adult entertainment establishments. Mr. Annunziato replied that they would be made non-conforming uses but grandfathered. One was already grandfathered. Mr. Blanchette noted there are only two in the City. Vice Chairman Collins observed that anything else coming into the City would have to be in those areas. Mrs. Huckle moved to find proposed Ordinance 89-12 to be consistent with the Comprehensive Plan, seconded by Mr. Lehnertz. Motion carried 7-0. Ordinance No. 89-15 - Retail Tire Sales Mr. Annunziato said the next proposed Ordinance was a result of a meeting with the City Commission concerning a tire store desirous of being in a C-3 shopping center. The current Code requirements prohibit auto repair an C-3 zoning unless it is a gasoline station. If Firestone wants to locate in a C-3 district just to sell tires, what was being recommended would not solve the problem because they could not mount tires, tune up cars, fix brakes, etc. Mr. Annunziato asked if the Board wanted to expand auto repair into the C-3 zoning district. It is currently permitted in the C-4 - 42 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 9, 1989 district with an environmental review permit and in the M-1 district. In the C-3, it is permitted as ancillary to a gasoline service station for only minor repairs with the accessory sale of oil, tires, batteries and the like. Mr. Richter referred to Sears and K-Mart. Mr. Annunziato advised that those instances would be ancillary uses. Mr. Blanchette asked about Costco. Mr. Annunziato clarified that it also would be ancillary because it is not the primary use of the site. He explained and thought they should talk about whether auto repairs should be a primary use in the C-3 zoning district. Mr. Richter asked if "minor repairs" would be the key words. Mr. Annunziato further clarified that the issue was that currently, ~he only way you can do auto repair in C-3 is if it is an ancillary use to a gas station~ and it is limited to minor repairs. Changing tires, dispensing fuels, selling oil and oil filters, and minor tuneups would be consistent with that. There was discussion about what C-3 allows and the definition Of minor repairs. If the discussion last Tuesday related to the establishment of a Firesto~ne, Mr. Annunziato said this would not do it. It would help them, but they would be prevented from doing other kinds of automotive repairs that they would like to do because they will not be dispensing fuels, and they will want to do more than just fix and sell tires. Mr. Richter referred to auto service stores going in across the country, and he expounded. Motion Mr. Richter moved to amend the Ordinance to allow auto services such as those conducted by Sears or K-Mart stores in C-3 zoning. Mr. Blanchette seconded the motion. Motion carried 4-3. Mr. Richter, Mr. Blanchette, Vice Chairman Collins~ and Chairman Walshak voted for the motion. Mrs. Huckle stated that she would have to vote against the motion because she would have to look at the C-3 area to see what they are getting into. Mr. Zimmerman hated to see it in the C-3 area. Mr. Lehnertz also voted against the motion. ADJOURNMENT The meeting~p_~operly adjourned at 11:25 P. Patricia Ramseyer // Recording Secreta~l (Four Tapes) - 43 ~DENDUI4 ~ MEMORANDUM May 2, 1989 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO PLANNING DIRECTOR SHOWTIME PARKING LOT VARIANCE Section 5-145(c)(4) of the Code of Ordinances requi~es that when a variance to Section 5, Article X, Parking Lots is ~request~d, · the Technical Review Board must forward to the Planning and - Zoning Board a recommendation, and that the recommendation forwarded is to be made part of the public hearing ~roceedings. To that end, this memo is forwarded, consistent wit~ 5-145(c)(4). George C. Davis, agent for Boynton Michael Realty, Enc., is requesting a variance to S~ction 5-142(h)(3) "Driveways" of the Parking Lot Regulations which requires, among other things, that no driveways may be constructed closer than 180 feet to the intersection of the rights-of-way.lines on arterial road~. In this instance, the applicant is requesting that an existing sixteen (16) foot wide egress driveway located near the south property boundary be allowed to continue. On August 16, 1988 the City Co~mission approved a_~_s~,te plan modification which included the reconstruction Of the parking lot, with the exception of a small area located at"the rear and on the south side of the building. The applicant was not required to reconstruct the entire parking lot, as ~ did not fall under the scope (Section 5-138) of Article X. Rather, the reconstruction was proposed on a voluntary basis to improve the aesthetics and appearance of the site. Since the atplicant was not proposing to reconstruct the parking lot in the vicinity of the subject driveway, that portion of the parking let was not required to conform to the requirements of Article X. The applicant is seeking approval of the variance in connection with a proposed exterior design change to the building. The exterior design change requires tha the site meet the requirements of the Landscape Regulations and the Parking Lot Regulations {see section 7.5-38 of the Landscape RegUlations and Section 5-138(d) of the Parking Lot. Regulations).W~ith respect to the above, approval of the variance application Would allow Page 1 of AOD]~f)LIM B the applicant to submit an application for an exterior design change to further improve the appearance and aesthetics of the building. For an explanation of the code requirement, the nature of the variance requested, and the variance justification, please refer~ to the attached No~ice of Public Hearing and application. On Tuesday, May 2, 1989 the Technical Review Board (TP~) met to review the plans and documents submitted and to form~L~te a recommendation with regard to the variance requested~ ~After review and discussion, the TRB recommended that the 9ariance be approved as submitted. The reasons for this recommendation are as follows: 1) The driveway functions as an egress drivewa~ primarily for service vehicles only and exhibits low traffic volumes; and 2) There is a continuous raised median on Fe~al Highway in the vicinity of this driveway which limlts turn movements to right turn out only. CARMEN S. ~_NNU~Z~ATO JJG:frb cc: Technical Review Board Central File :QR.502 Page 2 of ADDenDUM B A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as follows: Beginning at, the Southeast corner of Section 19, T45 S, R43E; thence N 00° 59' 39" W along the East line of said Section t9, a distance of 1898.i0 feet to 'a point; thence S 89" 00' 21" W, a distance of 60.00 feet to a point on the westerly right-of-way line of Congress Avenue, said point also being the principal point and place of beginning of the following descriptibn: Thence S 88" 05'''' 26" W, a distance of 846.73 feet to a point; thence S 43" 32r 54" W, a distance of 57.02 feet to a point; thence S 00" 59' 39" E, a distance of 258.27 feet to a point; thence $ 16° 46' 44.2" E, a distance of 199.60 feet to a point;'thence S ~00° 59' 39" E, a distance of 102.20 feet to a point; thence S 44" 46' 34" E, a distance of 14.45 feet to a point o~ the northerly right-of-way line of Boynton West Road (formeri~ old Boynton Road); thence N 89° 46' 34" W, along said northerly line, a distance of 1684.25 feet to a poiqt;. thence ~ 00° 51' 51" W, a distance of 1228.05 feet ~to a point; thence N 87° 58' 21" E, a distance of 52.34 feet to a point; thence 227.77 feet along a curve to the left, having a radius of I45.00 feet and a chord of 205.06 feet, bearing N 42° 58' 21- E, to a point; thence N 2" 01' 39" W, a distance of 23°57 feet to a point; thence 134.54 feet along a curve to the right, having a radius of 240.00 feet and a chord of 132.78 feet, bearing N 14~ 01' 53.5" E to a point; thence 234.57 feet along a curve to the left, having a radius of 320.00 feet and a chord of 229.36 feet, bearing N 9° 05~. 26" E to a point; thence N 11" .54' 34" W, a distance of-70.00 feet to a point; thence 294.96 feet, along a curve to the right, having, a radius of 325.00 feet and a chord of 284.94 feet, bearing N 14" 05' 26" E to a point; thence 293.22 feet along a curve to the left, having a radius of 420.00 feet and a chord of 287.30 feet, bearing N 20~ 05' 26" E to a point; thence N 00~ 05' 26" E, a distance of 145.00 feet ~o a point; -thenCe N 88~ 05' 26" E, a distance of 1738.97 feet to a point; thence S 00~ 59' 39" E, a distance of 472.86 feet to a point; ~ence N 88" 05' 26"E, a distance of 328.87 feet to a point o~ the Westerly line of Congress Avenue, thence S 00" 59' 39~E, along said Westerly line, a distance of 130.01 feet 't~"~ ~p~i'n~-'thence N 46~ 27''0~" '~,'~ ~distance of 56.11' feet to a point; thence S 88" 05' 26" W, a distance of 430.00 feet to a ~ ~ - " po_~.~, thence S 00° 59' 39 E, a distance of 609.99 feet to a point; thence N 88~ 05' 26" E, a distance of 43D.00 feet D~ ' 54" t~' a .~_nt, thence N 43" 32' E, a distance of 57.02 feet to a ~ po .... on the Westerly line of Congress Avenue; thence S 00" 59' 39" E, along said Westerly line, a distance of 170.01 feet to feet to feet 5o feet to a feet to a feet to a feet to a feet to a a point a point; a point; point; point; point; point; point; feet to a point; feet to a point thenge S 00© 59' ; thence N 46° 27' 06" W, a distance of 56..11 thence S 88" 05' 26" W, a dist~.uce of 608.00 thence S 00" 59' 39" E, a distance of 230.00 thence N 88" 05' 26" E, a distance of 340.00 thence S 00~ 59' 39" E, a distance of 150.00 thence S 88° 05' 26" W, a distance of 340.00 thence S 00~ 59' 39" E, a distance of 229.99 thence N 88" 05' 26" E, a distance of 608.00 thence N 43" 32'-54" E, a distance of 57.02 on the Westerly line of Congress Avenue; 39" E, along said Westerly line, a distance place of beginning or less. of 130.01 feet to the principal point and and containing 107.75 acres of land, more AND ......... ADDENDUM. C A parcel of Land lying in Section 19, .Township 45 South. Range 43 East, Palm Beach County. Florida. being more particularly desc=~d3ed as follows= Comme~ce at the center of Section 19; thence N 0e 51' 51" W0 alor~-the North South 1/% Section line of said Section. a distance of 35.00 feet; thence N 87e 58' 21" E. a dista~ce of 20.00 ~e= to the principal point and place of beginning of the f~ltowin~description: - Thence continuing N 87° 58' 21" E a distance of 20.O1 feet to a point~ ~hence N 0e 51' 51" W, along a line 40.00 feet East of and parallel with said North South 1/4'Section line, a distance of 1191.~ feet to a point on the South right-of-way line of Boyr~ton C~al; t, hence N 88° 05' 26" E, along said South right-of-way line, ~ distance of 432.99 feet to a point; thence S O~ 05' 26" W, a ~i-~ance of 145.O0 feet to a point; thence 293.22 feet along ~ arc to the right% having a radius of ~20.00 feet and a chord Of 287.30 feet bearing S 20~ 05' 26" w; thence 294.95 £ee4~, along an arc to the'left having a radius of 325.00 feet and a chord of Z84.9% feet, bearing. S 14° 05' 26" W; thence S 11e 54' 34" E, a distance of 70.00 feet to a point; thence 234.57 feet, along an arc to t_he right, having a radius of 32~.00 feet and a Chord of 229.36 feet bearing S 9~ 05' 26" W; thence 134.5~ feet, along an arc to t21e left. having a radius of 240.00 feet and a chord of L32.TS fee%, bearing ~S 1~~ 01' 53" W; thence S 02~ 01' 39" E, a distance of 23,67 feet to a point; thence 227.77 feet, along an ~e right having a radius of 145.~0 feet and a chord of feet0 ~aring iS 42~ 58' 21" W; thence S 87~ 58" 21" W, a of 72.34 feet to a point; thence N 0~ 51' 5" d~stanc_e of '85,00 feet to the point of beginning and containing 8~.61~ acres of land more or less. AND Page 2 - ADDENDUM C PARCEL A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commence at the Center of said Section 19; thence N 0~ 51' 51" W, alon~ ~e North SouT~ 1/4 Section line of said Section, a distanc~ of 35.00 ~eet; thence N 87° 58' 21" E, a distance of 20.00 fe~t to-a ~int~ ~ence~ S 0° 51' 51" E a d~tance of 85.00 fee= t~ ~ point; the~e N 87° 58' 21" E a dfs=~ce of 72.34 feet to t~ p~ipa[ point and place of begi~ing of the following descri~ti~= Thence N 2~ 01' 39" W a distance of 110.00 feet to a point; thence ~ ~7° 58' 21" ~ a. distance of 34296 feet to a point; thence ~ ~ 51' 51" W a distance of 160.39 feet to a point; thence ~ ~9~ 08' 09" E a distance of 2~.95 feet to a point; thence N O~ 51' 51" ~ a d~stance of 690.00 feet to a point; ther~ie ~ ~9~ 08' 09" W a distance of 10.00 feet to a point; thenc6 N ~ 5i' 51" W a distance of 180.00 feet to a point; thence S. S9° 08' 09" W a distance of 50.00 feet to a point; thence ~ O~ 51' 51" W a distance of 135.00 feet to a point; thence ~ SS° 05' 26" E a distance of 382.98 feet to a point; thence $ ~ 05' 26" W a distance of 145.00 feet to a point; thence 293.~2 feet along an arc to the right, having a radius of 420~-00 fee= and a chord of 287.30 feet bearing S 20° 05' 26" W; thence 2~796 feet, along an arc to the left having a radius of 325.00 feet. and a cAord of 284..94 feet, bearing S 14° 05 26" W; thence S it° 54' 34" E, a distance of 7~.00 feet to a point; thence 23~_~7 feet. along an arc to the right, having a radius of 320..00 feet and a chord of 229.36 feet bearing S 9° 05' 26" W; ther~re !~425% feet, along an arc to the left having a radius of 240.D0 ~e_~ a~d a chord of 132.78 feet, bearang S 14° 01' ~3" W- 02 01 39 E, a. d~Stance of 23.~7 feet to a point; 227_~7 feet. along an arc to the righ~ having a radius of ~nd a chord of-205.06 feet, bearing $ 42° 58' 21~ W. the Point of Beginning and containing 5.82~ Page 3 ADDENDUM C MEMORANDUM May 4, 1989 TO: Chairman & Members, Planning & Zoning Board FROM: Carmen S. Annunziato, Planning Director RE: Boynton Beach Mall (Sears Addition) Land Use Element Amendment and Rezoning Requests Submitted in Connection with a Request for ~pprovat of AnAmended Develop- ment of Regional Impact (DRI) File No. 032 INTRODUCTION Cormac C. Conahan, agent for Boynton - JCP Associates and the Lake Worth Drainage District, (LWDD)~ are requesting the following: (1) Parcel A: An amendment to the Future Land Use Element of the Comprehensive Plan from Commercial Potential (Palm Beach County) to Recreational s~d rezoning from CG, General Commercial (Palm Beach County), to REC, Recreation. Parcel "A" is a 2.793 acre tract of land (see. attached map advertisement in Exhibit "~'). (2) Parcel B: An amendment to the Future Land Use E!~ment of the Comprehensive Plan from Commerci~i Potential (Palm Beach County) to Local Retail Commercial and rezoning from CG, General Commercial (Palm Beach County), to C-3, Community Co~ercial. Parcel "B" is a 5.821 acre tract of land (see attached map advertisement in Exhibit "A"). (3) Approval of a development order (DO) for a substantial deviation to the previously approved Boynton Beach Mall Development of Regional Impact. Parcels A and B mentioned above are located in the northwest corner of the Boynton Beach Mall (Mall) site. These parcels were annexed into the City on April 5, 1988 subject to a Developer's Agreement (DA). The DA provided for the annexation of the subject parcel without the concurrent designation of City land use and zoning classifications, until such time as the developer was prepared to submit an application for an amendment to the previously approved DRI. The Boynton Beach Mall DRI/DO was ADDENDUM D originally approved by the Board of County Commlssioners of Palm Beach County (Resolution No. R-74-343 approved on May 7, 1974) and subsequently adopted by'the City of Boynton Beach at the time of annexation (November 16, 1982). A public hearing before the City Commission to consider these requests is scheduled for May 16, 1989. In addition, a site plan for the development of these parcels in connection with the construction of a Sears Store at the Mall is also scheduled for consideration by the Confession (see copy of site plan in Exhibit "B"). PURPOSE The purpose for submitting these Comprehensive Plan Future Land Use Element amendment and rezoning requests is to allow for the expansion of the existing parking lot into Parcel "B" in order to provide for a portion of the additional parking required by the zoning regulations for the proposed Sears Department Store. The developer is proposing to culvert the LWDDL-23 Canal to allow for the expansion of the parking lot in this area of the site. The remaining parking spaces required by the zoning regulations for the proposed department store will be provided in a triangular shaped area in the northeast corner of the existing parking lot on the west side of the northern water retention area. The remaining pine preserve area will be located primarily in parcel "A" with the exception of some peripheral areas that wilt be located in parcel "B", along the perimeter of the paved parking areas. LAND USE Accompanying this memorandum as Exhibit "C", you will find a copy of a table which shows existing and proposed land uses for the Mall site. This table (12.2) appears on page 12-6 of the Appli- cation for Development Approval of the Amended Deve~iopment of Regional Impact. Accompanying this table in Exhibit "C" is map D/F which is an aerial photo showing the lo~ation of the various land uses within the Mall site. Within the northwest corner of the Mall site, the canal (510), the canal right-of-wa_v (310), and the pine flatwoods (411) represent a total of approximately 8.62 acres of land. Although the pine flatwoods acreage is listed as 5.83 acres, a portion of this acreage is occupied by open prairie and exotics. Therefore, a significant percentage of the proposed 2.42 acre reduction in the pine flatwood preserve area (411), approximately .70 acres, is not occupied by pine trees. The exact acreage, however, cannot.~asily be determined. SURROUNDING LAND USE AND ZONING (See attached location map in Exhibit "D") Abuttinq the subject parcel to the north is the right-of-way for the Boynton (C-16) Canal. Further to the north, across the canal right-of-way, is the Sand and Sea Mobile Home Park zoned RS/SE (Single Family Residential) in Palm Beach County~ Abutting the subject parcel to the west is a 60 foot wide right-of-way for -2- Javert Street. Further to the west, across Javert Street, is the West Boynton subdivision, zoned RS (Single Family Residential) in Palm Beach County. Abutting the subject parcel to the south and east is the existing Mall site zoned C-3, Community Commercial. PROCEDURE These requests for amendments to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consis-' tent with the following: 1) 163.3161 - Local Government Comprehensive Planning and Land Development Regulation Act. 2) F.S. 380.06 - Developments of Regional Impact. 3) Boynton Beach Code of Ordinances, Appendix A - Zoning, Section 9.C - Comprehensive Plan Amendments: Rezonings. COMPREHENSIVE PLAN CONSISTENCY The following Comprehensive Plan policies are relevant to these requests: "Conserve irreplaceable natural resources." (p 6) "Enhance the aesthetic quality of the environment." (p 6) "Minimize development which would exacerbate surface and subsur- face water q~ality." (p 6) "Eliminate the indiscriminate des~ruction of native vegetation." (p 6) "Provide a range of land use types to accommodate a full range of services and activities." (p 7) "Eliminate existing and potential land use conflicts." (p 7) "Encourage the development of complementary land uses." (p 7) "Encourage the development of commercial land uses where accessi- bility is greatest and where impacts to residential uses are minimized." (p 7) "Insure the adequate provision of roadway improvements by other governmental agencies to meet the present and future travel demands." (p 7) "EncouraGe the development of clustered neighborhood and community commercial centers at arterial and collector intersections." (p 39) -3- "No approvals for development shall be adopted or issued until it can be demonstrated that the roadway system serving that development will operate at Level of Service "C" during annual average conditions (typical daily travel) and Level of Service "D" during peak season conditions through buildout." (p 175 of E&A Report) In addition to the broad Comprehensive Plan policies outlined above, the proposed land use element amendment/rezoni~ requests- fallwithin Land Use Conflict Area 50 of the Comprehensive Plan Evaluation and Appraisal Report (Ordinance No. 86-54)~ The language for Area 50 is outlined below: Area50 Unincorporated Outparcel of Boynton Beach Mall This wooded parcel was designated for preservation in its natural state at the time the Boynton Beach Mall Development of Regional Impact (DRI) was approved, The parcel should be a~nexed and placed in the "Recreational" land use category in recognition of the intent of this DRI stipulation. The adjacent right-of-way for Javert Street, however, should not be annexed. ISSUES/DISCUSSION Section 9.c.7 of Appendix A-Zoning of the Boynton Beach Code of Ordinances requires the evaluation of Plan Amendment/Rezoning requests against criteria related to the impacts which would result from the approval of such requests. These criteria and an evaluation of the impacts which would result from the proposed development are as follows: Whether the proposed rezoning would be consistent with applicable comprehensive plan policies. The Planning Department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with poli'cies contained in the comprehensive plan. The policy for Land Use Conflict Area 50 of the Comprehensive Plan Evaluation and Appraisal Report was derived from condition No. 9 of Resolution No.'R-74-343 which approved the Boynton Beach Mall DRI. Condition No. 9 states: "preserve the pine area located on the subject property". The policy for Area 50 states that "the parcel should be annexed and placed in the 'Recreation- al' land use category in recognition of the intent of this DRI stipulation". The parcel was annexed on April 5, 1988, subject to a developer's agreement which postponed the designation of City land use and zoning categories pending the outcome of the request for approval of the amended DRI. Considering that the policy for Area 50 was based on the original DRI approval, i~ can be argued that City Commission approval of~the amended DRI -4- application would alter the basis for this policy and the applications for land use element amendment/rezoning submitted by the developer would be consistent with the intent and purpose of the policy for Land Use Conflict Area 50. Whether the proposed rezoning would be contrail to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with protection of the public welfare. If approved, these requests would result in an expansion of an existing C-3 Community Commercial zoning district ~d the creation of an REC - Recreation District. The area proposed to be zoned C-3 would support driveways and parking spaces which would serve the Mall generally and the new Sears Store specifically. The REC zoned parcel would continue as a pine ftatwood which would be enhanced environmentally tP~ough the imposition of a management plan. Approval would not constitute a grant of special privilege at the expense of the pub!ic in general. c. Whether changed or changing conditions make the proposed rezoning desirable. The Boynton Beach Mall was designed to accept a sixth major department store. The Mall in its current configuration has substantially used up the Gross Leasable Area which was approved in the original development order (1.108 million square feet). Because the Mall has proven to be a financial success, it has become a desirable location for additional retail outlets. This is the substantive reason why these.requests were su2~mitted. d. Whether the proposed rezoning would be coa~_~atible with utility systems, roadways, and other public facilities. The additional development which would result if these requests are approved would efficiently utilize existing infrastructure; however, traffic, site drainage, and hazardous waste management require further analysis. TRAFFIC The traffic analysis submitted by the applicant was subjected to reviews by the Treasure Coast Regional Planning Council ~RPC), Palm Beach County, and Walter H. Keller, Jr., Inc. Mr. Keller prepared his review at the request of the City. (See copy of traffic report in Exhibit "E"). The basis for review by the RPC is the Comprehensive Regional Policy Plan and for the City, the Comprehensive Plan Evaluation and Appraisal Report of 1986. In both instances, a Level of Service C (LOS) has been adopted for average annual daily traffic (AADT) and LOS D for peak hour -5- and peak season conditions. However, the appr6ach to reviewing the traffic generated varies between the City and the Region. The City's policy is to apply the Palm Beach County Traffic Performance Standards Ordinance to the increment of new traffic and to evaluate the capacity of the roadway system at buildout, while the RPC's approach is to evaluate all of the traffic generated by the Mall. The reasons cited by RPC in su~port of this position are as follows: If a link or intersection is not operating at Level of Service (LOS) C for AADT or LOS D for the pe~ hour or peak season, all project impact through buildout is subject to review; 4 The original Development Order (DO) issued b~- Palm Beach County after review and recommendation by. the South Florida Regional Planning Council (the pred~essor to the Treasure Coast Regional Planning Council) required that traffic congestion in the vicinity of t2le Mall be mitigated prior to development; and The project as originally approved was to have been completed in 1978, and conditions with respect to the roadway network have changed substantially since project approval. This distinction is important because the RPC has conditioned the issuance of permits on the letting of contracts for all substantially impacted intersections and roads, and the issuance of certificates of occupancy upon the completion of all roadway improvements. The elements of the network which.are evaluated are ~tersections and roadway links. The City's approach does not identify a need to improve any intersections, while the RPC's approach requires improvements to the Hypoluxo Road/Congress Avenue intersection, the NW 22nd Avenue/Congress Avenue intersection, the Old Boynton/Congress Avenue intersection, the Boynton Beaoh Boulevard/Congress Avenue intersection, and both the 1-95 east and the 1-95 west intersections with Boynton Beach Boulevard. In addition to intersection improvements, the Region has identified significant impact from the development over the following roadway links: 1. Congress Avenue from NW 22nd Avenue to Boynton Beach Boulevard; and, 2. Old Boynton Road between Military Trail and Lawrence/Knuth Road. The City's analysis suggests the same results as the Region for roadway links, with the exception of the roadway link on Congress Avenue between NW 22nd Avenue and the Boynton Canal. The City also identified Military Trail north of Old Boynton Road as being -6- significantly impacted. This is because the applicant included this link as being under construction while, in fact, construction has been delayed for several months. The nature of the improvements listed above are to construct Congress Avenue as a six-lane divided highway and Old Boynton Road as a four-lane divided highway. Additional requirements recommended by the RPC are: that the developer pay his fair share impact fee of approximately $99,000 and that the applicant resubmit his traffic impact analysis if building permits are not issued in 1989. This latter-requirement results from the assumptions upon which the applicant based his analysis. In lieu of having the previously mentioned intersection and roadway improvements in place prior to the issuance of building permits and completed prior to the issuance of a Certificate of Occupancy, the RPC has offered an alternative form of roadway capacity mitigation. What has been suggested by the RPC is for ~the applicant to subsidize a bus route which would co_.~uect ~he higher density areas of the City with the Mall, thereby eliminating the anticipated additional roadway trips~ This alternative approach to traffic mitigation is to be evaluated by the applicant and the various public bodies to determine feasibility. CONDITIONS OF APPROVAL/TRAFFIC Consistent with the City of Boynton Beach Comprehensive Plan and the Palm Beach County Traffic Performance Standards Ordinance, the following roadway improvements~mustbe under cons~ruction prior to the issuance of a building permit by the Cit~ir~ congress Avenue from the Boynton Canal to Bo~nton Beach Boulevard must be improved to a six-lane divided highway; Old Bolrnton Road between Knuth. Road and Military Trail must be improved to a four-lane divided highway; and Military Trail north of Old Boynton Road must be improved, as currently contemplated by Palm Beach County. In addition, the applicant must pay a fair share contribution consistent with the Palm Beach County fair share impact fee ordinance and resubmit his traffic impact analysis for further consideration to include further mitigation, as applicable, if a building permit is not secured in 1989. It is worthy to note that the construction of Congress Avenue over these links is scheduled for June of 1990, as a result of -7- the issuance of a previous development order, and that the redevelopment of Old Boynton Road is scheduled for fiscal year 1991/92 by Palm Beach County. DRAINAGE The RPC has made findings based on South Florida Water Management District studies that the existing ponds on-site m~%~~ be contributing to ground water pollution in the immediate area. The RPC has recommended and the Staff supports the installation of vegetated littoral zones where possible around the existing ponds, and the use of grassy swales in the new parking lot addition to pretreat runoff before conveying it to the detention ponds. HAZARDOUS MATERIALS AND WASTE The RPC has recommended and the Staff supports the preparation of a hazardous materials management plan which addresses the need to quantify the volumes and types of hazardous materials and to adequately and efficiently respond to catastrophic events. ee W~nether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. Among the potentially negative impacts which would result from the approval of these requests, three items stand out - traffic, environment, and buffer. Traffic has been fully discussed ~reviously, and if the applicant waits until the road~-ay system is in place to serve his project or if he arranges to have these system improvements inplace through his own efforts, traffic ceases to be a problem. Environment and the bufferin~ of the residential areas to the west remain an issue, which could be resolved by proper planning and management of the remm~ning pine area. At the time of the original DRI approval in 1974, there were no specific statutory requirements which mandated the preservation of native habitats. Current Treasure Coast Regional Planning council policy requires that 25 percent of any native habitat present on a site prior to development be preserved. Prior to development, the site supported 12.3 acres of pine savannah. Therefore, the proposed, preservation of 3.41 acres of pine preserve is in excess of current City and RPC policy. As a condition of project approval, a management plan will be required to provide for the perpetual maintenance and vitality of the remaining 3.41 acre pine preserve. It is anticipated that implementation of a management plan, if the amended DRI application is approved, would enhance the quality of the remaining pine preserve area. -8- One interesting outcome of the enhancement of the environmental value of the remaining pine preserve is that the removal of exotios, vines and litter will open up vistas of the Mall from the residential area to the west. This could potentially affect the property values and living environment of those citizens. To correct this problem, it is recommended that the applicant reconstruct with a vegetative buffer of substantial height and depth, a visual buffer to protect these residents. fe Whether the property is physically and economically developable under the existing zoning. The currently existing DO does not allow any developmen~ on this property. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. These requests, if approved, would allow the applicant to add a sixth major department store and additional parking to a regional ~mall. As long as adequate buffers are provided to protect the residents to the west, the project will be a benefit to the citizens of Palm Beach County. Whether there are adequate sites elsewhere in the City for the proposed use, in districts where such use is already allowed. It is arguable that the development which would occur if these requests are approved could locate in other C-3 zoned areas. However, the likelihood of this happening is not 9~t, because major department stores prefer a M~tl location. CONCLUSIONS/RECOMMENDATIONS If developed in a manner consistent with the staff recommendations contained within this memorandum, the addition of a sixth major department store and related parking facilities would be consistent with Comprehensive Plan policies and would not have an adverse impact on the neighborhood which lies to the west. Therefore, it is recommended that the applications for Land~ Use Element Amenmdment and Rezoning submitted by Cormac C. Conahan in connection with a request for approval of an amended Development of Regional Impact. be approved, subject to the following conditions: The developer shall preserve 3.41+ acres of pineland in the northwest quadrant of the ~all site, as shown on the site plan which was recommended for approval by the Planning and Zoning Board on April 11, 1989. 2. Ail exotic~ vegetation which occurs in i shall be removed. the preserve area e The habitat value of the preserve area shall be improved by control of vines a~d appropriate replanting of a~eas currently dominated by exotic vegetation. Prior to commencing construction activity within the parcel containing the preserve, the preserve shall be t=~n~porarily fenced or otherwise delineated to prevent encroachment of construction activities within the preserve area. A funded management plan which addresses items no. 2 through 4 above, and which provides for the on-goinG ma~3~.~tenance and management of the ~ative h~bitat preserve a~ea, ~na!l be submitted and approved by the City prior to the i~uance of of a building permit. The management plan shall be implemented within one year from the effective date of the Development Order and prior to the issuance o~ a Certificate of Occupancy for any additional square footage. A vegetative buffen of substantial height and d~pth shall be provided adjacent ~o the preserve area to provide a visual screen for the residents in the neighborhood which lies to the west. The purpose of this buffer will be to mitigate the open vista whidh will occur when the exotics~ vines, and litter are removed from the preserve area. The planting of this area shall be done in a manner so as not to interfere with management of the native habitat preserve area. Consistent with th~ City of Boynton Beach Comprehensive Plan and the Palm Beach ICo~nty Traffic Performance S~andards Ordinance, the foliowlng r~adway improvements must be under construction prior to the issuance of a bui!din~ permit by the City. a. Congress Aven~e from ~he Boynton Canal to Boynton Beach Boulevard mus~ be improved to a six-lane di%~ded highway; Old Boynton ROad between Knuth Road and Military Trail must be improved to a four-lane divided highway; and Military Trai~ north of Old Boynton Road must be improved, as currently contemplated by Ralm~each County. In lieu of ha~ing the previously mentioned intersection and roadway improvements in place prior to the issuance of building permits and completed prior to the issuance of a Certificate of Occupancy, the RPC has offered an alternative form of roadway capacity mitigation. What has been suggested by the RPC is for the applicant to subsidize a bus route which would connect the higher density areas of the ~ity with the Mall, thereby eliminating the anticipated additional roadway trips. This alternative approach to traffic mitigation is to -10- be evaluated by bhe applicant and the varzous public bodies to determine feasibility. Se The developer shall pay a fair share contribution consistent with the Palm Beach County fair share impact fee ordinance. The use of grassy swales shall be utilized in the new parking lot additions to pretreat stormwater runoff before conveying it to the detention ponds. 10. Vegetated littoral zones shall be established arid the existing detention ponds utilizing native woo~F_suecies. The developer shall prepare and design a manage~_nt plan for the littoral zone. The plan shall: 11. (i) include a plan view and site location; (2) *~clude a typical cross section of the detention pond; (3) specify how vegetation is to be established within the littoral zone; and (4) provide a description- of any monitoring and maintenance procedures to be followed in order to assure the continued viability and health of the littoral zone~ Wherever possible a mi~_Jaum of. ten square feet of vegetated littoral zone per linear foot of shoreline shall be established and configured so that at least 50 percent of the shoreline has a vegetated littoral zone. Alternate desigamaybe necessary due to physical constraints inherent in retrofitting these existing detention ponds. The littoral zones shall be in place prior to the issuance of a Certificate of Occupancy for any additional square footage constructed pursuant to this Development Order. Prior to the issuance of a Certificate of Occu_nancy, the developer shall prepareand submit to the Cit~_~ hazardous materials management plan. The plan shall: ae require disclosure by tenant of all haza_~o~=s materials proposed to be stored, used, or generated on the premises; .~ be provide minimum standards and procedures for storage, prevention of spills, containment of spills,, and transfer and disposal of such materials;- provide for proper maintenance, operation, and monitoring of hazardous materials management systems, including spill and containment systems; d. detail actions and procedures to be an accidental spill; followed in case of ee guarantee financial responsibility.for spill clean-up; and -11- 12. f4 require the inspection of premises storing, using, or generating hazardous materials prior to commencement of operation and-periodically thereafter, to assure that the provisions of the plan are being implemented. No additional building permits shall be issued after December 31, 1989, unless a traffic study has been conducted by the developer, and submitted to and approved b~f Palm Beach County, the City of Bo!rn~on Beach, and Treasure Coast Regional Planning Council that demonstrates that the regional roadway network can accommodate a specified amount of additional Bo!rnton Beach Mall generated traf~_c and growth in background traffic beyond 1989 and st-~ii be maintained at Level of Service C during annual a~erage daily traffic and Level of Service D during the peak season, peak hour conditions. The traffic study shall: a. be conducted in 1990; and identify the improvements and timing of those improvements necessary to provide Level of Service C under annual average dailytraffic conditions and Level of Service D under peak hour, peak season operating conditions for the subject transportation network during the projected completion of the project, including project impacts and growth in background traffic. Additional building permits shall not be issued until a new project phasing program and roadway improvement program (necessary to maintain Level of Service C annual average daily and Level of Service D peak season; .peak hour opera ~ting conditions) has been approved by Palm Beach County~ the City of Boynton Beach, and Treasure Coast Regional Planning Council for the remainder of the development. CARMEN S. A~N~ATO JJG:frb Eric CC: Mayor & City Commissioners City Manager Walter H. Keller, Jr Department Heads Central File -12- Hr. Thomas A. Harsicano Associate Vice President /Greiner,~Inc. iP.O,:Box 31646 560] Mariner Street Tampa, Florida 33630-3416 Hay 5, 1989 Re: Boynton Beach Hall Transit Service Dear Hr. Harsicano: The Metropolitan Planning Organization (MPO) staff has, per your request, reviewed the information in our data base concerning the socio-economic and demographic characteristics of the Boynton Beach Mall and surrounding area. Based upon our review and examination of the data, the potential exists for a transit alternative to serve a portion of the transportation impacts associated with the proposed expansion of the Boynton Beach Mall. The staff would recommend the following steps be taken to determine the appropriate level of activity and commitment necessary to achieve a viable transit alternative. 1. A complete transit study be under taken to detail the level of service necessary to secure sufficient mitigation of traffic impact. 2. A contractual commitment to the Palm Beach County Transportation Authority (CoTran) for a period of time of not less than five (5) years, to support the potential route(s). 3. A monitoring process to be developed, with an annual report, which would detail ridership~,service levels and maintenance of effort. " ' ADDENDUM E P.O. 8ox 2429. Wesl Pahn Beach. Flor,d.~ 33402-2429 ano The MPO staff is available to review and of the study. If you have any questions, comment on the results please contact us. Sincerely, Randy Director Whitfield, P. E. CC: Treasure Coast Regional City of Boynton Beach Irving Cure, Cotran Planning Council 'er ................. v -':,,. £' 'iFh. C. L.. U S ii. 0 N PAGE 1 of ADD~]DUM F ....................... "PER~4]:SS ]:BLE "~-'-"" '" * ...... -' '"" ON J~-.~,- -, ...... S .'-'::x--~:: THERE ]]S AhJf]T'h.iEi:l: /',c,u'/:, ~-,.c',;',? ...... ~-~.-? "F:'E~;'?i J' SS 'i' Bi i::' DiEE::i< Z NG ARE:A ,," PAGE 2 OF ADDENDUM F 2 i 'c~4c:":::,c',, ,, ... ARE iNDiEED Ai.]"ERNATiViE::];~ PAGE 3 of ADDENDUM F C= D= (iF i f"ib. ~-~.~ itu: PINE NATURAL CO~ -*-NTY_ CO~::-4 T SS T R-*a~'R:=; .'-4a',,'P- ,.u,'~'"*"]""''" '"" ' ",~ - .~. ~x:..-'uu:>:_ ..... :- AND iTS' N::YT'L-'.RAL. STATE /:~.,i?; 5 = A~- T~--~'~-iAT i VES !')FT:LAi,-.~T~3i Q E:OUi_.~,: RE?AJ]NT "['hie PAi:;;Kii',.iE~ L. OT LINES PR[}ViDE ,::~-..~-~.,~.-.;'.c:~ ~-.; ,.-,,.,- .... ~,.,-..,~,:: ..... ~ ....ui...~r~:~ li'.i THE ............. ..,,.. mz, e~r-,:: MALL ~ .......................................... r..,c:.,.:s., urn...,:_,- ~._~, ¢. **u S'T'A'T ES ??"?' ' '""~' ....... ' ....... _ M'.J':'T * ............. ~"~, ~ '~ *'* R{]AD .,uu:_:, .............. THEE ............... '-, .... m::c-~./ FOR EX"I"-:RA F:'ARK]:i~G SF:'ACES ACCESS TG THE h!ALL_ FOR PEOPLE .............................. / R'E AC>.i THE d -....:. :,:< u;:,:u.'::r: : :" :. tx;:'..: FL..(}(].'.*':;: ) PAGE 4 OF ADDENDUE::F 4 6~ CONCLUSION PF:;:O]%C 1"ED. ,.,.'- .v'-,,'-' ~0",- T.] Gi'.'E Z', ~*¢ THE ..... ~,ri]i'~(3,",ii:[Z,-,T:[(]].~.lm~..;~v~ "~ ~ ~ THAT . . .. ']"C, ...... Bi .lSD ]' V ]' S l' rJ'}ixl c c ::: f]:-]:'dhl Z '.B:B :[ ONE?. HESTER CO~i?i Z S S ): .,':_]NE ROL-:EN ;~ K COPIPI :I: SS :l: (..~r,~E~:'. M Z SHE PAGE 5 of ADDENDUM k~DENDUM G To: Jim Golden Senior City Planner MEMORANDUM From: Vincent A. Finizio Engineering Department 05/C!2/89 ~ub]ect: T.R.B. Comments ~or Village SP, oppes o~ Boyn~n 1 Place the r- , ~-,=-a availability of requiree utilities on otans and ~ur~r the location o~ all tmieohone, power gas an~ ali utilities in accordance with app. "0" Subdivision ~n~ Platting. Article VIii, Section 2. The Developer"s Engineer shall submit m ~st estimate including a summary of ouantities 'For the requ].re~ zmprovements ~n accordance with Article VIII, Section 5, 5. Developer's Engineer shall submit a s~atemenz o¥ '~echnical compliance and establish surety in the ¥orm o~ a ~er¥ormance bon~ ( t1~ % ) of Enqineer~s cost estimate 9or ~ reoulr~ improvements plus an aoministratien Yee which shall e~ual two {2) percent of the Engineer, s cost eszimate, including but net limited to six (6) sets o~ construction pians~ having Health Department aoproval at the time of the submission for ~nal plat. Article VIIi, c-~.--.,~ = .... ~ . · ~,--~-n u, D, 5 ano %',ection 7 inclusive. 4. Provide a parking lot ligbting plan consistent wi~h the requirements of Beynton Beach Parking Lot Regulations~ Article X, Section 5-142 (a) required limb.ting and 5-141 ~n) liobting standards inclusive. 5. Indicate on plans the required "FIRE LANE" s~riping and signage ~n accordance with Section 5-142 (m) ~ire lan~. 6. Landscaping plan details for bermed and/or at ~rade planting areas, conflicts with engineering plan details for swaled retention at these areas. Modify the land~caping piins so the~ compliment engineering plan details. App "C" Article X. ~ - ' · . ~e=t~on 5, B, drainage and Section 5-141 (n) drainage standares. 7. Provide "bench marks" and applicable surveys for site development in accordance with Article VIII, Section ..... ' ~- ' 8. South Florida Water Management .aoproval required and Palm Beach County. construction within R.O.W. permits reguired Based on comprehensive plan traf~,:ic circulation elements and Section 5-!40 (a) safety Engineering Department acceleration lane at the approach to 'facilitate Congress Ave. objectives, the City of Bovnton Beach recommends the construct ~ on of a de- extreme north--west ingress/egress vehicular turninq movements ely of ADDENDUM ~-1 T~R.B. Village Shoppes of Bo'yc~ton con~_'~d pace -~ of Dc t0. Revise "Handicao" parking stall colors ~rom wP:its to blue as required in Section 5-!41 (n) handicap standards. 11. Error in boundary dimensions and/or legal descrio~ion. Nertheast perimeter property lzne oimension o~ 3Bi~~ as shown on plat document, conflicts with legal description text whic~ indicates a distance of 301.38~. Revise text ~d/or document accordingly. 12~ Add construction note that all shel!rock o~±.~ized in the construction of pavement areas shall conform to the requirements of Article X~ Section 5-141 (n) construction stand~rds~ Note: Sbellrock meeting the above referenced speci~ications~ may no longer be available in the Palm Beach County area_ Limerock meeting D.O.T. standards may me used as an a~i~ernate base material if deemso su~able for construction by th~ Developer's Engineer. 13. ProviOe. plans and construction details for thm oedestrian cross-wal ,~ and reta~eo "f ~asning lioht" system at Quantum Boulevard. SBCCI Section t~;c,~ plans. 14~ Developer's plans indicate sidewalks through ip~ress/eqress approach areas in conformance with Section 5-t4% (el sidewalks. Architects plans do not reflec~ this condition~ Revise the architectural plans accordingly. 15. Provide details for the swale sections within Congress Ave. R.O.W. as shown on plans. 16. Provide a street lighting plan for the street ~ghts to be installed within tha~ portion of the Congress A¥~nue R.O.W. abutting plat boundaries, along with a cost est±~e for the street lights to be install ed~ and a check in the ~_-k~ amount of the cost estimate made payable to the ~it¥ o~ Bo~ton Bmach. Note: A Florida Power and Light plan is currently c~q ~ile with F.P.L. representative A.G. "Rusty'" Russillo, Jr. tel: 278--3~11. Contact Mr. Russillo for cost estimates which shall re~tect the cost of street liqhts along your plat boundaries. Verification of costs by Mr. Russillo and applicable fees~ shall be submitted to the Engineering Department at time of sub~lission for ~inal plat. 17. line that will draw wa~er from this plat. Respectfully submitted Vincent A. Finizio /va~ Provide owners approval and easements for- the irrigational the off--site lak~ not included in MEMORANDUM To: From: Date: Carmen Annunziato, Planning Directo~,/ MayJohn3,A,1989Gutdry, Director of Utilities Subject: TRE Review - Village Shoppes Preliminary Plat We can approve this project, sUb3ect to the following conditions: 1. The water main near the theater must be moved out from under the ~%er enclosure. 2. Add an ~-ditional valve on the fire hydrant near the theater, plus an additional main-line valve near the hydrant at Building 3. We question the need for a 2" meter on the bank parcel. 4. A 2" x four 1" brass adapter may be used to allow 4 meters on one 2~ service. Add additional service lines as necessary for those services showing more than 4 meters. 5. Type "K" copper is required on all water services with either end under pavement, which appears to be all ~ervices on this site. Meters may be relocated to grassed areas so as to shorten ~ ~ ~h~ services, if desired. 6. A tapping sleeve and valve will be required for the hydrant line near buildings "L" and 'IM., Also, indicate the water service %o be tapped into the hydrant line, rather than the 16" water m~in. Add a gate valve near the hydrant. 7. Water m~ins are not permitted in sidewalks in that they pose a trip hazard to pedestrians. 8. Specify th~ size and materials used for sanitary services. 9. Add a ~LaiI showing raised curb areas around garbage can and dumps~er wash areas, which must be directed to the sanitary sewer sis%em. Alternatively, provide a detail showing how these areas will be contoured to preclude storm water from enteri~ ~he sanitary system, as prohibited by code. 10. Water services and meters must be included in utility easements. dlh bc: Peter Mazzella ADDENDUM H-2 MEMORANDUM TO: FROM: DATE: RE: Carmen Annunziato, Planning Director Don Jaeger, Site Development - Building Department May 3, 1989 SITE PLAN APPROVAL - VILLAGE SHOPPES OF BOYNTON Upon review of the above mentioned site plan, the following co~e_n,~a must be addressed in order for the project to conform with Boynton Beach codes and ordinances: The Boynton Beach Sign Ordinance will permit two (2) free-standing signs for this project, one along N.W. 22nd Avenue and one along Congress Avenue. One (t) sign is permitted for each individual tenant with a square foot area not to exceed ten (10) percent of the face area of each occnp~cy. Handicapped ramps must be provided at intervals not to exceed l00 feet on center along the front of the retail stores. A 36 inch high (at time of planting) landscape buffer is reqn/red between the parking area and all right-of-ways. 5. A solid stucco masonry wall must be provided along the north property line of Tract A. 6. Ail plans submitted for public record ~y a design professional registered in the state of Florida must be signed and sealed. South Florida Water Management District approval is required. 8. Lake Worth Drainage District approval is required. In addiction_, the drainage district must approve the proposed landscaping within their easamen=. 9.. The striping for handicapped parking stalls must be blue in conformance wits city standards. 10. tl. All structures must comply with Chapters 4 and 6 of the Standard Building Code, 1985 Edition. Provide the location for all proposed four (4) hour rated fire walls on the plans. Palm Beach County Health Department approval'is required for all food handling establishments. 12. The theater is a threshold building under state law and, as such, will require a threshold inspector during construction. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. Don Jaeg~ a ............ ADDENDUM I- 1 MEMORANDUM May 3, 1'989 TO: FROM: RE: Chairman and Members, Planning and Zoning Board Carmen S. Annunziato, Planning Director Village Shoppes of Boynton - ~ile No. 233 Site Pla~ With l) 2) 3) respect to the above, please be advised of the following: The applicant is requesting approval of a shared oarking allocation as provided for in Section ll.H.13 of ~ppendix A-Zoning. Based on the applicant exceeding the ~equirement for the 10% buffer pursuant to this section, the TRE is recommending approval of the shared parking allocation. The developer's traffic report has been forwarded to the Palm Beach County Traffic Engineering Department for review and analysis to determine consistency with the City's Comprehensive Plan. Final comments with respect to traffic improvements will not be available until prior to the Planning and Zoning Board meeting. Pursuant to Section 4.N of Appendix 'A, Zoning, a ~ote should be added to the lighting plan indicating that the site lighting will be directed away from residential-zoned properties. JJG:frb CARMEN S. ANNM~ZIATO - :vs. 233 ADDENDUM I-2 MEMORANDUM FROM: DATE: RE: Carmen Annunziato Planning Director Kevin J. Hallahan Forester/Horticulturist May 3, 1989 village Shoppes of Boynton - Preliminary Plat The following comments pertain to the landscape plan for the above project: 1. The plant list shout~ include quantities of each species used to show 50% native trees and 30% native shrubs/bushes provided on the site. Ail interior parking lot trees must have a clear trunk of 5' at time of planting. The adjacent public road'R.O.W.'s should receive water from the site irrigation system. e Landscaped areas on site show berming in conflict with these same areas showing depressions for water retention on the Engineering plans. This conflict should be resolved and changes made on the landscape plan. The applicant must submit a landscape and irrigation plan for the grass median(s) on Congress Avenue adjacent to the project site. The applicant must receive a permit to install the materials from the Palm Beach County Engineering office. The City Parks Division will assume maintenance and liability for the plantings after work is completed by the applicant. JJ ~aliahan ' Forester/Horticulturist KJH:ad DOC:A:VSHOPPES ADDENDUM I-3 TO: FROM: MEMORANDUM May 8, 1989 Planning & Zoning Board Members Carmen Annunziato, Planning Director RE: The Village Shoppes of Boynton - Supplemental ~t-a~f comments Concerning Traffic Improvements The Plannin~Dep~rtment has completed the review and coordination of the developer's traffic impact analysis with the Palm Beach County Tr=-a~'~ Engineering Department for consistency with the City's Comp~_~--hensive Plan and the County's Traffic Ordinance. There is a~-~ement between the City, and the County that the conclusions reached by Daniel..N. Murray, ~.E., in his report dated April24, 1989 are reasonable, subject to the submittal of some additional information that is needed to complete the report. ~ ~ ~.~ Based on tke ~ove, it is recommended that the improvements listed on page t9 and 20 of Mr. Murray's traffic report be constructed prior to the issuance of a Certificate of Occupancy. Concerning the signalization of Quantum Boulevard and Congress Avenue, it is recommended that the developer post a bond for a proportio~=-~e share of the signalization of Quantum Boulevard and Congress Avenue based on traffic impaot, as determined by the County Tr-~=~--=~2~-~ic Engineer, prior tothe issuance of a building permit. CARMEN S. ANN~ZIAT , .CSA:frb ject: Y-~-~- Co~ments Rei!in~ Green Park F-it~ --~-~ Boynton Beach, ~Ior±da and 'Recreation Department curb the .~:ive 1. Indic~t~ ~ plane th~ placement of raised continuous along the --=~e of 0avement along the entire length of (5) foot L-~i.~--~_~qandsca~ed area in order to protect this area Yrom errant vehir_ies. Section 5-142 (e) curbs and section 5--i40 safety objectives. concrete o~snrian~,_o=ah Oetails to specify ~our (4~, inches of approved =~= ~ ,~;' in [ of si:-: inches of 5. Provid-= a parking lot lighting plan consisten~ with all thm requirementm of Section 5-1-¢~ ~a, required lighting and ~ection 5-14~ (n) lighting standaros inclusive. 4. Stormwate? run-o.~f cannot be discharqsd into a public ri0hts- of-way. All stormwazer shall be contained on-site sn acceroance with Section 5--~42 (¥) required drainage and Section 5-!4! (n) drainage e~dards. R==pectfu/7,, submitted. /vaf ADDENDUM J-1 MEMORANDUM To: From: Date: Subject: Carmen Annunziato, Planning Director ~ \~.\,./ John A. Guidry, Director of Ut~lities~,~ May 3, 1989 TRB Review Rolling Green Park Site PIa~ We can approve this pro]ect, subject to the fotlowir~ conditions: The proposed water service does not conform to ~his Department's adopted construction standard. Specify size of piping required for the 1" meter, and delete the tapping sleeve and double valves shown. Indicate a 2-piece manhole cover on the detail to our adopted standard. conform to To allow the option of constructing the sewer at a later date without damage to the parking'.tot, irrigation an~ landscaping, we recommend installing manh61e #1 at a point n~rth of the pamking lot, and constructing the sewer up to it in Phase I of the project, dlh bc: Peter Mazzella ADDENDUM J-2 To: Oim Soiden Senior Pi anner 05/02/~g9 From: Vince?z A. Einizio Engi neet i r~g De~ar'~ment City o,~ Bovnton Beach, Florida Parks and Recreazion Oe0artment 1. Indicate on plans the placement of raleeo con~in~=_is curb along the edge o~ pavement along the' entire length of the ~ive (5) ,~oot wide landscaped area in order ?o pro~,ect tbi=~ area ~rom errant vehicles. Section 5-142 (e) curos and sectio-n 5--140 (a) sa~;ety objectives. concrete oedestrian path Oetaits to specify four ~4) incMes of approved s~elirock (in lieu o~ sir inches o~ limer~=)~ ~.. Provlde a parkin~ lot lighting plan, consistent ~h all the requirements of Sectic,~ 5-142 (a) required lighting and Section 5--141 (n) lighting standaros inclusive.~ 4. Stormwater run-o~ canno~ be disch~roed into a ~Siic riqhts- of-way. All szormwazer shall be contained ~--site in accoroance with Section _ ~4- ) required drainage and Secti~ 5--!41 (n) drainage standards. , RespectYult¥ submitted~' Vincent /va~ A. Finizio ADDENDUM J-3 ~ PARCEL O~r L~ND IN SECTION 6, ~NSIIIP 46 SODTH. RANGE 41 EAST. PA~ ~EAC[I ~. FLORIDA~ D~SCRI~SD AS FOLL~S ~ CO~N~NC~ ~ TR~ NORTHE~T CORNER O~ SAX~ SECTION 6~ THE~E NITN BEAR~N~ ~'~ A~ THE E~ST L~NE OF SAID SECTION ~ A DISTANCE OF ~3,~ ~E~ ~ A POINT~ ~IENCE ~TR A ~EA~i~ OF ~EST~ A DISTANCE OF 53,00 ~ ~ A ~INT ON THE WEST RtG[I~ OF WAY [.I~E OF CONGRESS TEE NORT~ CORNER OF Tile CIVIC T~CT hS RECORDED BY TNE SUMMIT ,~ .I, ~ ~ B~K ~, PAGE 48-5~ OF THE PUBLIC R~O~S OF PA~ COU~Y, ~A~ THE~E WITH A BEARI~ OF ~)RTII 85' 30~ 30' WEST, A~NG THE NOR~ ~E ~ THE CIVIC TROT, A DISTANCE OF 3~i.14 FEET~, THENCE lNG OF ~, A DISTANCE OF '280.00 FEET ~ A POINT ON THE ~EST ~INE OF TIlE CIVIC ~ TIIENCE WITH A B~R'~ OF NORTII, ALONG TIlE ~ES~ LINE; OF THE'C~C ~A~. A DXSTA~E OF J~52.02 FEET~ THENCE NORTH 44~ 13' ~EST, A PLaiCE OF 245.96 FEET TO ~ POINTI SAID POINT BEING THE NORTH- WEST CORNER OF THE ASOVEDE~R[~ED C~V[C TRACTI TIIENCE WITI] A~R1NG OF NORTH, A DISTANCE OF ~00~;05 F~T TO A-POINT ON THE SOOTH RIGH~ OF WAY ~INE ~ CBARTER DELVE NORTH, A~ ~OEDED IN O.R, ~K ~308, PAGE 157 ~RRU, ~59 OF TIlE PUBLIC ~ECO~DS O~ PA~_B~CII C~NTY, TI/ENCE ~ A B~R~ OF ~RTH ~8~ l~1~ 3l' EAST, A~NG TS~ ~VE- OF 9~2.~ ~ TO A POINT ON T~E ~E5~ RIGHT OF WAY L~NE OF AVENOE~ ~CE ~XTI[ A B~R~N~ OF ~UTH, A~NG THE WEST RIgHT.OF LINE OF ~R~S AVENUE, SA~D ~IN~ ~Y]~ 5~.00 FEE~ WEST OF AND PARALLEL ~ THE EAST LINE OF S~T~ON ~ A DISTANCE OF ~96.81 ~FEET, · ~RE OR L~ TO TIIE ~ OF S~l~. ' " CONTAINI~ 24.301 ACRES, NOEE OR LES~ AND SUBJECT ~ EAS~ENT~! RESTEIC~I~ A~D RiGBT~ OF ~AY OF RE,RD. ' ~" o? ADDENDUM MEMORANDUM TO: FROM: DATE: RE: Carmen Annunziato, Planning Director Don Jaeger, Site Development - Building Department May 3, 1989 SITE PLAN ~fODIFICATION - CONGRESS AVENUE COMMUNITY PARK Upon review of the above mentioned site plan modification, the lo'In,ring comments must be addressed in order for the project to conform with Boynto~25each codes and ordinances: 1. Details of handicapped accessibility for all buildings and si/3mamenities must be provided. Locations for all site signage must be provided. This signage~nst comply .with Section 21-14.K and Section 21-15.c.3 of the Boynton B~ch Code of Ordinances. 3. South Florida Water Management District approval is required~ 4. Palm Beach County Health Department approval is required for a~r7 food handling areas. ~ The applicant's prompt compliance with the preceding comments wi3-~insure a ~imely permitting process. Don Jaege2 DJ:bh XC: Med Kepczynski ADDt~kTDUM L-1 MEMORANDUM To: From: Date: Subject: Carmen Annunziato, Planning Director~ % , John A. Guidry, Director of Utilitie~%~/\\'~ May 3, 1989 TRB Review Congress Ave Community Park - Mite Plan We can approve this pro3ect, subject to the foltowiri~ conditions: Item No. 1 on our April 19, 1989 memo must still be addressed. We recommend the sanitary sewer service be co~ructed of Schedule 40 PVC pipe, as opposed to one of lR~ser strength. In any event, the pipe material must be clearI~ specified. Indicate the receiving manhole to be "by otha~-~~ rather than "existing,', which is incorrect. Connection ~ the sanitary sewer may be to a wye or di.rectly through th~ ~2mole, depending upon the finished.l'~cation of the m~Ie, which still under design. Please allow for this op~ in your specifications. dlh bc: Peter Mazzella ADD~IDL~! L-2 MEMORANDUM May 2. T989 TO: FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. Annunziato Planning Director Congress Avenue Community Park Site Plan - M~ff Comments - File No. 229 The City's Comprehensive Plan Evaluation and A_ppr-=isal Report 1986 (p 85) requires that any exotics be ~oved. Add note to plans that all exotics within the construction limits of Phase I will be removed. 3t A future site plan modification will be needed ~ any new freestanding signs are desired including infor~m=~tion on sign slze, location, height, wording, color, materi~ and letter size and style. At the May 2, 1989 Technical Review Board, The~chnical Review Board waived the requirement for construction of a sidewalk or bicycle path on the south side of C~ter Drive along the park property until such time that Phase II of the park or the six-laning of CoNgress Avenue aton~the park property commences, whichever comes first. CARMEN S. ANSW3~IATO TH:rrb xc: Central File :CACP. 502 ~MEMO'R A UM TO: FROM: DATE: RE: Carmen Annunziato Planning Director Kevin J. Hallahan Forester/Horticulturist I~a~ 3, 1989 Congress Avenue Community Park ~..~..e Plan-Modification The lake ecT&3~plantings around the lake shown On the landscape Must~c~ude a total area ~f 10 square feet/lineal foot of . ',lake~eter, and 50% of' the shoreline (total) must be plants~toupland hardwood species. B.' '~A veget~tedand fUnctional'littoral zone should be estab~d as part of the surface water management system ~ of lakes occurring on the property. Prior to construction'of : ~<.the sua~f~ce water management system for any phase of the the City must prepare a design and management plan · for th~wetland/littoral zone that will be developed as part ~ of these s~stems. The plan should: ~.~ 1. 'T.~J~ude typical cross sections of the surface water ~anagement system, showing the average water elevation ~nd the -3 foot contour (i.e., below average elevation). Specify how vegetation is to be established within this ~cne, including the extent, method, type and timing of =_n~ planting to be provided. ~n~o. vide a description of any management procedures to ~m~fotlowed in order to assure the continued viability ~ health of the littoral zone. The littoral zone as ~tab!ished should consist entirely of native ~--~g~tation and should be maintained permanently as part -of the water management system. As a minimum, 10 ~_~are feet of vegetated littoral zone per linear foot of lake shoreline should be established as part of the ~urface water management system. A plant list of materials for th s~" two areas should included, with. sizes of materials and spacing for plantings. KevinJ. Forester/HOr~--iculturist DOC:A:COM~