Minutes 04-20-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD
HELD IN COMMISSION CRAMBERS, PRIME BANK PLAZA,
BOYNTON BEACH, FLORIDA, THURSDAY, APRIL 20, 1989 AT 3:30 P.M.
PRESENT
Robert Walshak, Chairman
Nathan Collins Jr.,
Vice Chairman
Harold Blanchette
Daniel Richter
ABSENT
Gary Lehnertz
Marilyn Huckle
Carl zimmerman
Murray Howard,
Alternate
Carmen Annunziato,
Planning Director
Chairman Walshak called the meeting to order at 3:30 P.M.
and there was The Pledge of Allegiance to the Flag.
Among those in the audience were Commissioners Lee Wische,
Ezell Rester and City Manager Peter Cheney.
A verbatim transcript of this meeting has been prepared at
the request of Chairman Walshak and Commissioner Arline
Weiner.
Walshak:
I want to thank the members on the Board who
came today. I know it was kind of short
notice but we have an unusual situation
where our Planning Dept. is packaging and
getting ready to send along all of our
recommendations concerning the Comprehensive
Land Use proposed Plan to the City
Commission within the next couple of days.
Therefore, I didn't want to have to get back
and put them through a lot more work in
sending additional recommendations to the
City Commission. I called this meeting
under our Ordinance Section 19-5, Duties and
Responsibilities of the Board. It shall be the
duty and responsibility of this Board to
meet at the call of its chairman or vice-
chairman for the purpose of considering all
requests for zoning changes under the master
zoning code of the city, etc. I have had
two additional requests since we last met,
one as recently as yesterday. I~ A1 Ciklin
here? Mr. Deutsch is here in the audience.
Before I open it up for discussion, I
attended a City Commission meeting Tuesday
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACh, FLORIDA
APRIL 20, 1989
Richter:
evening and I was kind of urked by the fact
that Planning and Zoning Board members were
appearing before the City Commission as
individuals on items that they had ruled on
sitting up here as Planning and Zoning Board
members. This bothers me. It is totally
inappropriate for a P & Z member who sits on
this Board and makes recommendations to the
City Council and because he or she may be in
a minority, moves on to the City Commission
to air their views in public audience. I
think it borders on enough misconduct to
darn near create a situation of misfeasance.
And I tell you, members of the Board, I
won't let it happen again. We have minority
decisions coming out of this Board every
time ~we meet. Tho~e minority decisions are
forwarded to the City Commission via our
Agenda. If anybody on thi~ Board has an
opinion, this is the forum that they express
their opinion i.n. Sitting up here right now
I am the oldest serving member on this
Board. I'm not the oldest member, but the
oldest serving~member on this Board. I can
tell you that I've been on the short end of
the stick many', many times on items that I
felt very s~rongly about. I've bit my tongue.
When I went ~hbme that evening or ~hat day I
said to myself, maybe it was my fault for
not ~e~xpressi~ my ~pinions more s~rongly.
I couldn't .Pe~suad~ the rest of the Board
to go along ~t~ ~y opinions° This Board
is maljority r~ieg~I We s~nd our oPinions to
the City C°~amls~ign and if you are on the
minority e~dI, ~his is the forum to discuss
your opinions. I will open that up for
discussion i~f any of the Board members
woul~ like to say anything about that,
we'll listen to it at this ~ime.
Mr. Chairman, I support your position on
this. I feel that it's important that
those sitting on this Board express their
v~ews here. After the vote is taken, they
can speak to whomever they want privately
about this, but should not get up before
the City Commission, during a Commission
meeting, and again try to influence those
in the audience as well as those on the
City Commission. I feel quite strongly
about this myself.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Collins:
Walshak:
Blanchette:
Walshak:
Vice Chairman?
My personal opinion is basically when the
vote is taken if people are dissatisfied in
terms of (inaudible) again, the discussion
should take place here within the Board. I
feel very strongly as you do in terms of
that not being discussed openly to the
Commission.
Mr. Blanchette?
The only thing I can comment about is the
fact that it is in the Minutes and it's
already worded who voted for what and any-
body inclined can read the Minutes of the
previous meeting and (inaudible). I don't
think we have to give reasons why we vote.
We're only a recommendation Board. All we
are doing is recommending to the City
Council or the City Commission our views on
the proposed subject and I don't think it
should go any further than that. They
should get the Minutes, read them and make
up their own decision on how they're going
to vote.
I do not want to demean the integrity of
anybody on this Board, of any member on
this Board. However, I am very serious
about this. As serious as a heart attack.
The next time I see it happening I will
invoke some sort of censure which I think
we have privilege to since we have adopted
Robert's Rule of Procedure. There are cen-
sure items in here. And I will, believe
me, I will invoke it. If you have
something to say as a Planning and Zoning
Board member on a specific issue that is
going to the City Commission, say it here
and forever hold your peace. Thank you
ladies and gentlemen, for listening to
that.
One other thing I want to say and I would
like to get the opinion and maybe a motion
on this from the Board, is the way that the
Planning and Zoning Board opinions are pre-
sented to the Council. I was bugged a
little by that too. I was told that it's a
procedure and if we wanted to change it
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MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Blanchette:
Walshak:
Collins:
Walshak:
Richter:
we could do it formally through a motion.
And that procedure is and I heard this
Tuesday. I hadn't heard it in the past.
And I attend a lot of the City Council
meetings. The opinion either for or
against was recommended to the City
Council. In this case it was an approved
item and the names of the dissenting mem-
bers were mentioned as dissenting members
on that particular approved issue, i think
Mr. Annunziato would like a formal motion
from us and the Chair will accept a motion
at this time, to stop that procedure.
Before we get into the motion, I just
thought that we had discussed the fact...I
was aiming my comments to that very fact,
that who voted for or against is in the
Minutes. I don't see as it should be
brought up again to rehash it over.
I think, Mr. Blanchette, it's a matter of
policy as far as the Planning staff is con-
cerned. If we w~nt to change that policy
or change the direction of that particular
item, we do it through a formal motion.
My question, before we do that, was there
any rationale or particular reason why that
was done?
I've heard varying opinions and I'm not
going to talk about it. But I've heard
opinions. And I have an opinion of my own,
but I don't think that's the issue right
now. The issue right now is, our recommen-
dations go to the City Council on an
approved or denied basis. I'm sure the
City Commission knows, they get the
Minutes. They know who the dissenting mem-
bers are. They know who the approving mem-
bers are.
I believe that it gives the impression,
it's because they don't present the vote on
every issue that's presented in front of
the City Commission...how and when at the
Planning and Zoning Board. They don't pre-
sent it in every case. It's only presented
in certain cases and in those cases, it
appears to me, that they are trying to
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Walshak:
Richter:
Collins:
Walshak:
Members:
Walshak:
Annunziato:
influence their opinion or the opinion of
those in the audience or the Commission.
And I think like Mr. Walshak says, it's
already in tbs Minutes. Let it rest.
That's the way I feel about it.
I might interject one thing. The Minutes
are not available to the City Commission
within a week of the Planning and Zoning
Board meeting oftentimes. But I don't
think that that stops them from mentioning
the import of their feelings to the elected
officials.
I have no objection with them voicing their
opinions to their elected officials.
However, they are a member of this tribu-
nal. They sit here and they have to con-
duct themselves according to. parliamentary
procedure and good propriety. As far as
I'm concerned, there's two issues.
Propriety rules. This is the forum for any
member of this Board to express their opi-
nions on an item that's gone before them.
I think that once we do establish our
recommendation and send it along to the
Commission, it should be presented to the
Commission on the basis of approved or
denied. That's the American way, that's
majority rule. The Chair will accept a
motion.
Mr. Chairman, I make a motion that we adopt
a resolution to state on cases before the
City Commission on our recommendations,
that they have been approved or denied by
this Board~ without mentioning vote.
I second the motion.
It has been moved and seconded that our
recommendations to the City Council be done
on an approved or denied basis. Any
discussion on the motion? All those in
favor signify by saying aye.
Aye
Carried, 4-0.
Clarification. Just on the basis of the
vote? Not even numbers on the vote?
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Annunziato:
Walshak:
Deutsch:
Not even the numbers. Approved.
Okay.
Approved or denied. We had a request from
Mr. Deutsch from Deutsch/Ireland to discuss
the height limit and the height referendum
that we suggested and I may add that we
initially suggested to the City Council, or
recommended to the City Council that a
referendum be put on the ballot, March of
1990 to find out whether or not the City
would remove the height restrictions in
specific areas. We didn't at that time, if
memory serves me well, we did not specifi-
cally recommend any height restrictions or
limitations thereof. The reason we did
that, I believe, is we didn't want to pre-
empt the City Commission at City Commission
meetings. However, Tuesday night, in the
City Commission's wisdom and I think right-
fully so, they pushed this item through the
Comprehensive Land Plan process to be
opened up in front of the public in public
audience. Now, since it has become an item
that is going to be talke~ about in the
Comprehensive Land Use program review, I
think it would behoove us to put our recom-
mendations in now, because we cannot wait
in my opinion, until the public hearing and
then get up individua~iy and say th~s
because I think we would'be guilty of what
I was talking about earlier. This is our
forum. So if it's going to go forward that
way, gentlemen, I wou~d !ike today to get a
motion on the specifi~ h~ights and in areas
where we think those Specific heights
should be, okay? We'll open the
meeting .... Mr. Deuts~h... please.
Mr. Chairman, members of the Board, Steven
Deutsch with Quantum Associates. Thank you
for allowing me the time to speak before
you. Quantum Associates requests that you
please consider adding Quantum Corporate
Park to the referendum height restriction.
Basically, it really doesn't come down to
much more than the word competition. And
that's our competition. Not only Quantum's
competition but the City of Boy, ton Beach's
competition. If the City wants as one of
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MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 20, 1989
Walshak:
Deutsch:
Walshak:
Deutsch:
it's long term goals to increase the tax
base, we've got to be able to go out there
and compete against other cities and other
corporate parks. As an example, I'll point
to the Arvida Park of Commerce which as you
all know, if a beautiful development. That
particular park has an 85' height restric-
tion in some areas and a 50' height
restriction in other areas. The 50' height
restriction, as you are well aware, allows
four complete stories, and an 85' height
restriction allows eight full stories.
We've got some great property here at
Quantum, within the city, and some terrific
1-95 frontage. We would respectfully
request that the 1-95 interchange property,
that we be allowed to go up to ten stories
to attract some major hotel operators and
for the balance of %he park to request an
eight story height limitation. We feel
that the city still has the protection of
site plan approval aside from our own
design standards that the City has approved
within the corporate park itself. But more
importantly, I go back to that word com-
petition. If the City hopes to attract
national tenants who have a desire to build
first class b~ildings~ signature buildings,
with their names on them., I'm talking about
insurance companies and banks~ We have to
be able to go out ~he~e and compete against
some of these other c~ties. ~'11 keep it
brief. Again, we respectfully request that
you please conside~ Quantum Corporate Park
in your refeiendum!, i'd! be happy to answer
any other questions. More importantly, we
would be happy andimost pleased with your
authorization, to ~o ahe~ and prepare an
analysis in the tr~-coun~ area, of our
competition. To show you some of the other
products and what they have d~ne.
Mr. Deutsch, you are specifically
suggesting some height limits.
Yes sir.
Fifty foot on what, the outside perimeter?
No sir. I was asking for ten stories at
the interchange an~ eight stories
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Richter:
throughout the balance of the park. Again,
that's just something that we've come up
with on a quick thumbnail sketch, as what
our competition has, and again feel that
because the City still retains site plan
approval that you're not giving us carte
blanche to just allow any kind of develop-
ment in there. It goes without saying that
we have some very high prices in Quantum
Park compared with some of the other deve-
lopments and we need that extra density.
Again, the long term benefit to the City
would be an enhanced tax base. We feel
that with that terrific property and this
great City, we can really go out there and
go head to head with some of these other
more aggressive cities.
Mr. Deutsch, I agree with what you're
saying and I'm familiar with the Arvida
Park of Commerce. I also feel that to a
degree with our push toward the downtown
redevelopment and going into some height
restrictions in this area or raising the
height limitation is also going to create a
competition, friendly though I hope, bet-
ween Quantum Park and the downtown redeve-
lopment. I have no problem in specific
areas in recommending the same for the
Quantum Park area. I do feel that any
material like surveys of the competition
(inaudible) talk about. Certainly it's
going to be beneficial and enlightening to
us and the City Commission and to people in
Boynton Beach in general. I think perhaps
if that can be done, be presented, also at
public hearing, it Woutd be a good thing
for the voters to help decide what they
want when this referendum comes up. It may
also help us, and especially the
Commission, when we want to formulate the
language to go into that referendum. So
keeping that all in mind I feel that okay,
there's going to be some competition bet-
ween developing in ~he downtown and what
you've ~ust requested. But I feel that
good competition is. helpful. Hopefully it
will bel friendly so that we can all go for
the highest and best use and improve our
tax bas~.
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MIN~ES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Deutsch:
Walshak:
Annunziato:
Walshak:
Deutsch:
Members:
Holiday:
Thank you and again, we would be most happy
to proceed with that analysis and have it
ready at your discretion.
I think, ~ir. Deutsch, we as a Planning and
zoning Board are not blessed with enough
time to really get an analysis from you, to
let you do an analysis, and bring it back
to us. That's why we had to call this
meeting today. Our Planning Dept. is
getting ready to package the Comprehensive
plan or the elements that we have finished,
the Comprehensive Plan, to the Cit~
Commission probably within the next week.
And I understand Carmen ...
Hopefully they're going to go out tomorrow
to the Commissioners.
We don't have a lot of time. However, I
think we will consider your request.
As unorthodox as it may be, our Vice
President of Sales and Marketing, John
Holiday, just arrived. He can elaborate a
little bit more than I could on some of our
competition. It will be brief ....
Go ahead .... certainly ....
I think part of the consideration is that
the City of Boynton Beach is trying to
establish itself as a viable business com-
munity. If you look at some of the coun-
terparts to the south that have obviously
had a head start partly because of the way
things have developed down here. Examples
are, say in the Ft. Lauderdale area, they
go as high as ten stories and in some cases
with certain setback requirement changes
you can go up to 150 feet. I think the
market that the City of Boynton Beach has
indicated it is trying to attract, the
national type of quality tenant, comes out
of an area in the Northeast that a certain
signature type of building is something
that they are used to and they are comfor-
table with as far as a corporate image is
concerned. Some of the lower profile
buildings and height restrictions are
uncommon to their areas and it's not
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MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 20, 1989
Walshak:
something that they're necessarily comfor-
table with. The ability for them to at
least have the flexibility to be a part of
a vertical type of structure, it you look
at say the Cypress Creek area, some of the
major tenants have gone into those
buildings down there, Unisys, Burroughs,
Multivest. The reasons that they have gone
into that area are partly because of rental
concessions and the general market itself
but those buildings down there are defini-
tely signature type of buildings that are
conducive to that type of tenant's image.
I thi~k that the Boynton Beach area
shouldn't place itself in a secondary posi-
tion. I think that it deserves just as
much consideration as those areasr
especially with the consideration of north-
ward ~rowth and at least allowing that kind
of flexibility in the latitude for that
kind of consideration is Something that is
important to their impressions, anyway, of
what the City of Boy,ton Beach can repre-
sent to.them in ~he long.term. I don't
think a downtown Miami or Ft. Lauderdale
environment is What we are talking about.
There you've got unlimited height restric-
tions. 'I ~hi~k what y~u!!re really looking
at are the stronq suburban markets, much
like a Glades Rd. or Cypress Creek Rd. or
the areas up around the Palm Beach
International Airport, where you do have
the higher elevation buildings. And I'm
really referring more to the office tenancy
than I am bo manufacturing. They generally
will occur in a one t~o ~W0 story building.
But I think office is s~mething that lends
itself wel~ to the area because of the
employment base, y~u stlii1 ~ave your tax
base coming out of t~at ~ype of structure
and I think ~hat you ~ili also find the
employment levels are mach higher in office
environments than they a~e in some of the
warehousing and manufacturing areas.
Have either of the two of you, or do you
know, have you had any requests, your com-
pany, say requests from folks outside of
the market that hey, we would be interested
in coming in to Boynton. Beach if you could
build us a six, eight or ten story hotel?
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Holiday:
Walshak:
Holiday:
Walshak:
Holiday:
Deutsch:
Holiday:
Walshak:
Annunziato:
Walshak:
Yes, hotel specifically, at the risk of
shooting myself in the foot, we had a deve-
loper that came to ~s with an elevation
drawn for one of our 95 potential at the
interchange corner sites that was I think a
ten story structure that he envisioned as
being the type of building that he would
want to put on that kind of location. We
have talked with, I would say, a minimum of
ten major national development companies
that do speculative development at that
height and the height restriction was
always something that was brought up at the
initial discus!sion, the 45 feet. They can
always work with it but it wasn't their
first choice ~nd may possibly lead them to
go to another location where they didn't
have to deal with a three to four story
building when they could have the latitude
to do a six or seven story building that
was appropriate, based on their needs.
Really from the standpoint of building
construction what's the minimum distance
per floor, in commercial buildings. Twelve
feet?
Distance between floors?
Yes.
The minimum I would say is probably ten
feet because you want a finished ceiling
height in a building of no less than eight
and a half. Some buildings are at eight
feet. You've got the air handler equipment
that has to go between the ceiling, the
finished ceiling and the deck and I
think if you look at (inaudible word).
Plus we had to account for the elevator and
roof structures, A/C ....
Yeah.
Carmen, is that about right, ten or twelve
feet or...
(inaudible word)
How about with residential?
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Holiday:
Walshak:
Annunziato:
Residential? (inaudible) A peculiar need
would be for say like a hospital, where
you've really got a city within a building.
And they're twelve feet. Standard office
construction, ten feet.
A class A office building would charac-
teristically have a nine foot finished
ceiling inside the office space and that
gives you approximately one foot which can
be accommodated with the equipment that
you're going to be dealing with. The dif-
ference in residential obviously is that
you don't have anything above the second
deck unless you're doing a separate floor,
and you've got to be able to (inaudible).
When I say residential I'm talking apart-
ment type, apartment style residential.
Mr. Chairman, I have a question. In your
(inaudible word), have you tried to eva-
luate the impact of such a dramatic change
on the envelope of restrictions that are
imposed by the development order?
Utilities~ roads, things like that. I mean
there is mot an open ended book that you
can build ....
Deutsch:
Annunziato:
Holiday:
Annunziato:
We understand that and if I remember
correctly, I think the DRI approves upwards
of 6 or 7 million square feet of develop-
ment or something like that. The point is
well taken. The reality of it, when you're
dealing with 560 acres there's no way that
the entire Park could be built eight stories
and up. But there are certain instances
along, again, the interchange area and some
of the office sites, that we would like at
least the opportunity to go out there and
offer this to prospective tenants.
Would you say the more critical locations
then are basically the 22nd Ave. corridor?
And 1-95.
Well, that's the corridor still, the 22nd
Ave. corridor, in relation to 1-95 and ....
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Deutsch:
Annunziato:
Deutsch:
Holiday:
Blanchette:
Deutsch:
Yes... but I don't want to restrict the
northern.., the office lots north of 22nd
Ave. either.
On the 1-95 corridor.
No even within the Park itself. Yeah.
Again, we have to see how the 22nd Ave.
corridor builds out because we've got, as
you will recall, a lot of commercial space
along there and we might want to emphasize
some height toward the Park area to the
north there. I think it may afford some
nice views.
It goes with the topography of the area.
You've got along High Ridge Rd., you're
upwards of 32 feet and you get down into
the lake area and you're down to 12, 13, 14
foot range. So as an average height within
the area it's not something that's going to
(inaudible word). As a matter of fact, a
four story building will not even be
visible. This is the ~igh Ridge Rd./I-95
area, because of the tree line and the ....
(Tape turned over)
...all that whole area, and would it be
possible that you would know where these
buildings will probably be going? You
wouldn't have to have the exact building on
that location, but you're talking about
building the higher buildings on the corri-
dor and specifically north of 22nd. When I
go to Lake Buena vista I never get the
feeling that those buildings are very tall.
But they are. They're all hotels and they
are high, but you don't realize the height
of them because of the topography and the
layout, the way it's landscaped. You don't
get the feeling that if you put them down
here on the beach, they would look
terrible. But where they are in that loca-
tion, they're not offensive.
I think what we're going to do in concert
with that would be to prepare some pho-
tographs of some of the products we are
talking about, which when you look at the
areas John referred to, the Cypress Creek
area, the Glades Rd. area. Again, those
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
structures, most of them are six to
seven...
I think, Mr. Deutsch, that anything that
you can bring in to the Council, okay, when
the Council addresses this in public
hearing, any visual aid that you can give
them will make probably from the standpoint
of, from a selling standpoint would be
advantageous to you and it would also give
the City Commission something visual to
look at. So I suggest that, those are darn
good ideas. ~ere today we don't have the
latitude. We've got to make a recommen-
dation on some of these specific heights
today so that we can get into the package
that's going to be presented through the
Plan Review Process.
Blanchette:
Deutsch:
Blanchette:
Deutsch:
Blanchette:
Collins:
But to sell these things to people who
could care less about how functional a
building is. They want to know what the
aesthetics are going to be.
Well we had planned a slide presentation
because we realize that although we may be
able to provide the Council with pho-
tographs, the public is not necessarily
going to understand the impact and the
aesthetic quality of these things so we
intend, hopefully ....
I feel that if I give you a certain height,
I don't want all the buildings at that
height.
Of course not.
I mean, theyishould be staggered. If we
get a hundre~ foot building here we should
have an eighgy or a seventy .... and I
realize thatlwould happen...but not a
complete corridor of the same height
buildings. They're not all going to look
alike anywayS.
(Inaudible word)...what is the City's posi-
tion, what's the policy on impact, for
example we're talking about impact on roads
and what's the City's policy on that?
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Walshak:
Annunziato:
Collins:
Annunziato:
The City's policy right now is for traffic
is level of service C with level of service
D peak season peak hour. Now, last fall
the voters in Palm Beach County approved a
referendum issue which set the level of
service at sea, with the opportunity for
exceptions to level of service C for areas
within coastal cities. We have not antici-
pated in the Comprehensive Plan the impact
of an increase in intensity for this area
or for that matter, for the areas east of
the F.E.C. But we know which roads were
already going to be at variance with that
regulation when it's adopted.
(Inaudible words)...We have anticipated
level of services up to the maximum
on the DRI, right?
That's not... I under...yes that's true.
But in reaction to Mr Collins' question,
you still are not going to be able to
exceed.., if in fact we are
allowed...granted an exceptionw I don't
know if that exception is going to run to
22nd Ave. My recollection is we did not go
to level of service D on 22nd Ave., which
would have required us to, an the context
of that referendum issue, to seek an excep-
tion. If there is an intensification,
there should not be for if there is impact
beyond those, then that could also put us
in a situation where we'd be at odds with
the County ....
The reason why I asked is at what point
does the developer himself get involved in
the system if, say for example, you put
something there that you know is going to
have an impact ....
In this instance the developer gets
involved since the day we issue the deve-
lopment order in fact they've expended
several million dollars for road improve-
ments based on that envelope of impact that
he agreed that, that he acknowledged~ the
public acknowledged and he immitigated.
Walshak:
Any further questions to these gentlemen?
- 15 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Deutsch:
Walshak:
Clark:
Blanchette:
Clark:
Again, we thank you Mr. Chairman and mem-
bers of the Board for this opportunity. We
feel, again, that it would make a tremen-
dous statement on behalf of the City to go
forward with this.
We're going to make a decision here in a
little bit so .... Is there anybody else in
the audience who would like to speak on the
height referendum? Mrs. Clark, please ....
state your name and address for the record
please.
My name is Ilene Clark. I live at 11
Colonial Club Drive. 11 Colonial Club
Drive, Boynton Beach. I'm just thinking as
a private citizen listening to you, and the
question is coming to my mind, what do I
want for Boynton Beach? Why did I move to
Boynton Beach? And I can tell you my reac-
tion is I don't want another Ft.
Lauderdale. I don't want another Palmetto
Park Rd. or Cypress whatever road that is.
And as a citizen of Boynton Beach I don't
really want a community that is owned by
industry. I would rather industry be
second to what we the people in the com-
munity want. I don't understand why, you
know, tax base and all that. I understand
we have to do something with downtown
because it's dying. That I can understand.
And I can understand and see something hap-
pening different there. But personally I
hope Boynton Beach isn't going to get to
the point where we are going to become
another Ft. Lauderdale. That's all I have
to say. I have to trust you guys to see
that that doesn't happen.
I'm siding with you. I wouldn't want to
live in Ft. Lauderdale and I wouldn't want
to see Boynton Beach become one either.
No way... And I'm thinking of a really neat
community in Ohio. I moved here from Ohio.
It's called Beachwood, Ohio. And it's
about three miles from Shaker Heights,
Ohio, where I lived. And they've done a
fabulous job in terms of attracting
industry. They have commercial parks that
are beautiful. They have a marvelous tax
- 16
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Richter:
Clark:
base and they didn't have to reach for the
sky to do it. So I hope you will be very
careful that you don't let the character of
Boynton Beach be changed.
Mrs. Clark, I agree with you. We are
trying to do our best to control the
growth. But there is going to be growth
and we need to provide jobs for people that
are moving into this City. The more people
that move an the more they participate in
the tax base. The same way with the
industry. The industry and the offices
will pay for that.., and if we can control
the industry to make it a beautiful
industry such as Motorola and the others
that are here, along with some office,
insurance company employers, a lot of white
collar good paying jobs. These things are
all going to enhance the beauty of this
community.
If it's done properly. And I'm thinking of
Beachwood, Ohio, which you might want to
look into, because when you say Ft.
Lauderdale or Palmetto Park Rd., that turns
me right off .... I don't want to live in
that...
Collins:
One of the things that was mentioned, when
he was talking, it struck me in my mind, is
that each year we put out, graduate, a
large number of kids from our high school
within the City of Boynton Beach. They end
up going to college and what happens is we
lose over half of those kids to other
cities because we do not offer the kinds of
things that they go off to college to
become an Boynton. And to give you a
classic example I'm a product of that
situation myself, but I chose to come back
and actively get involved. I think that's
another thing that from my perspective, I
kind of look at it as well. But your point
is very well taken and I agree with you.
But I would also like to see some of our
young people who do go to public schools
here, who do graduate and who do go off to
college, come back and help share in the
community. Right now we're losing quite a
17
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Clark:
Collins:
Clark:
Collin:
Walshak:
Clark:
Walshak:
Clark:
Walshak:
bit of them. I just see it every day and I
think if we had some things to offer those
youngsters when they do graduate and come
back, I think we will be able to keep alot
of them, attract alot of them here. But
your point is very well taken.
I understand what you're saying
was in the school business, but
a universal problem.
because I
that's also
I agree.
When kids go off to college, most of them
don't come back to the community.
I agree.
Mrs. Clark, in Beachwood, Ohio, the average
home in that community would be, in your
estimation, what would the value of that
home be?
Now?
Yeah.
Well~ right now the average would probably
be $150,000. But a few years ago it was
much less than that.
Yeah. Well I have never seen a study on
this and I don't know if Carmen has it on
the tip of his tongue, but I doubt very
seriously if the average home in Boynton
Beach would come up to that standard. And
that's the problem. We've got alot of
older communities, and you know the com-
munities. The homes that are worth today,
at today's market, say are appraised at
$50,000, $60,000, $70,000. You take the
Homestead Exemption off of those homes and
the taxes they are paying are minimal. We
don't have a lot of room to build single
family homes to bring that income up to
carry the tax burden that we have in this
City. So we've got to look at other places
to develop that tax base. The area where
we can is in the Quantum Park for instance.
It's going to produce a tremendous amount
of revenue, tax base revenue, ad valorem tax
- 18 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
for this community. I personally do not
live in Ft. Lauderdale myself. I love this
City and I would love to live here for a
long, long time. I for one wouldn't do
anything to'hurt this City. But I think
there are specific areas in this City where
these problems can be addressed. They can
be addressed aesthetically and to blend in.
What I'm saying is they can be done with
taste and class.
Clark:
Walshak:
Clark:
Walshak:
Clark:
Walshak:
Clark:
Selectively.
Yes.
I don't think any of us wants to hurt the
City. I mean that's just taken for
granted.
But sometimes we've got to take the emo-
tionalism out of .... because it's an emo-
tional topic and when you're done speaking,
when everyone's done speaking I want to
talk about this article that's in the Palm
Beach Post, where they gi~e you an edi-
torial opinion and I've never seen an edi-
torial writer from the Palm Beach Post
attend a Planning meeting in this City. So
it's an opinion based on what? What it
does, it brings emotionalism into an issue
where emotionalism should not be the prime
mover.
Well I think you're going to be emotional
depending on where you live.
Yeah. But I think it can be done with a
lot of thinking and a lot of planning and
it can be done with taste, dignity and
style. And I think if we get a combination
or a blend of that nature, we're going to
have a much better City.
I personally can only speak as a lay per-
son. And I can tell you that of all the
people I've talked to, most people feel
very secure with the height restriction.
This is the priuate citizen. This is how
they feel. Thank you.
- 19 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Annunziato:
Walshak:
Anderson:
Thank you, Mrs. Clark. Mr. Anderson asked
to be next. I don't have any cards but I'm
just taking them as they raise their hands.
Carmen, don't forget the cards next time
will you?
I'm taking notes ....
Then he blames it on me and I blame it on
you.
My name is Owen Anderson, Executive Vice
President of the Greater Beynton Beach
Chamber of Commerce. Let me for a minute
speak of my historical background. When I
came to this City, there was an ordinance
on your books. That ordinance set a 45 ft.
height limitation. It's a four story limi-
tation and it set certain things that could
be granted exception to. There was also a
provision that the City Council at that
time for good and valid reason could give
exceptions to the height limitation that
are (inaudible word) and on the books,
about ten years before it was changed.
During the ten years three exceptions were
granted. One, to Bethesda ~ospital because
of the distance they needed between floors
to put their pipes for oxygen, air
conditioning.., one was for a church
steeple and the third was for something
that they felt they needed, their building.
The hospital and the church utilized them.
Motorola did not need it therefore did not
use it. Shortly after I came, Councilman
DeLong, who was leaving the Commission
after a number of years of service felt
that he could not trust succeeding
Councils, Commissions, to act sensibly on
the height limitation. Therefore, the
Charter Amendment. Joe did a good job
beating the drums. He sca~ed many
people...the position that they were afraid
that if they didn't put it as a Charter
change there would be Ft. Lauderdale's
ca~yons of concrete. May I remind you that
without (inaudible word) three exceptions
in ten years, all of which people agreed
to. The other thing I want to say is the
Chamber at that point stood against the
Charter change, not because we wanted unli-
- 20 -
MINUTES
BOYNTON
Walshak:
Blanchette:
Walshak:
Anderson:
Walshak:
Zibelli:
PLANNING & ZONING BOARD
BEACH, FLORIDA
APRIL 20, 1989
mited height but our attitude was the
Commission was elected to serve and run the
City and to set those policies. To make
those exceptions. That was good insurance
that if something came up that would be
helpful for the community, possibly it
could be done. So that's the Chamber's
position. When you all as a group talked
about unlimited h~ight for the removal of
height restriction in the entire coastal
area I'm sure the Chamber would not support
that. The Downtown Development Committee
supports the idea of some height restric-
tion going up in that area. There are pro-
bably some other selected spots, most of
these would never act as a barrier
(inaudible words) That wi~ll be the posi-
tion, I am sure, the Chamber will take.
I appreciate that Mr. Anderson. There were
actually four in the last ten years.
Macy's got one too. Macy's has a height
exception rule ....
.... after the Charter Amendment...
Yeah, that would have been a fourth one.
.... on the list of exceptions.
Yeah. I agree with you, Mr. Anderson,
and I think I'm going, I think I feel pro-
bably the same way that the Chamber of
Commerce does. One of the reasons I called
this meeting today before the hysteria
starts and gets fervent and I think maybe
we can nip it in the bud. Ah...the Coastal
Management Area was placed in there because
of residential, okay? And we'll explain
this once we get done listening to public
audience, but that's one of the reasons we
wanted to have this meeting today, to make
it perfectly clear and to let everybody
know where we were coming from. Mrs.
Zibelli?
Dee Zibelli, 440 Ocean Parkway, Boynton
Beach. That 1-95 was rough coming here...
Are we proud of our downtown? I really
can't say that there's too many people who
can say yes, that they're really proud of
- 21 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
the downtown, the way that it stands today,
with in mind the potential of what it could
De. You know my position. I feel that
there's so much that we could do and we
need the (inaudible word) of properties in
order to do it and we need someone with
money, as you say, an insurance company
with office buildings, etc., to do it. I
don't think that would have any effect on
the residential areas of the City. The
people also must remember that they do come
before public audience when it's come to
the planning and zoning stage a~d when it
comes to the Commission stage. So they
will be able to see the renderings and know
exactly what is going on. I would like to
add one thing, that it you have not
discussed it as of yet, since I do live in
the North end and I see what a wonderful
job that Quantum is doing, I would like to
see their height restriction lifted higher
than 45 ft., because I think they can do a
marvelous job out there with that. And
that's my position.
Walshak:
Thank you Mrs. zibelli. Is there anybody
else in the audience who would like to
address this subject? Gentlemen of the
Board, I have the feeling that with the
addition of Quantum, we have three areas
that we're looking at. And I refer back to
the Palm Beach Post article of April 17th,
Monday, on "Limit Those High Rises,
Moderation Key as Boynton Decides New
Policy." And i~ the article it comes off
with high buildings create density ...
ah...I'll read it... "Most of the coastal
Boynton Beach should be ruled out as well
because of density of development it would
create." I'm standing before you here and
telling you right now that density is not
created by the height of the building. The
density is created by the Comprehensive
Land Use Plan. The density is taken from
the L.O.S., level of service. That's where
it starts. L.O.~S., density, then what do
we need in terms of height to comfortably
achieve that density? So this is .... the
Palm Beach Post is kind of bass-acwards on
this one. And it also says "To begin with
- 22 -
MINUTES
BOYNTON
PLANNING & ZONING BOARD
BEACH, FLORIDA
APRIL 20, 1989
the Commission should rule out height
increases West of 1-95." That doesn't take
into consideration Mr. Deutsch's request
today and I personally feel that is an area
where we can give that particular developer
some consideration. There's another state-
ment in this article that says, "The
further such areas are from residential
areas, the better." One of the reasons we
are requesting in the Coastal Management
Area is so that we can get more residential
into the area, and take some of that com-
mercial out of there, and push it into the
downtown area where it belongs. You create
the density up there for people who are
g~oing to use the downtown area. You're
going to supply the demand for the downtown
a~rea. So I think we've got three areas now
to look at. We've recommended through the
Comprehensive Plan that we create an SE
category North of the Boynton Canal which
would... East of .... I think East of
Federal 1, where SE, SE being the district
and SE would accommodate 20 units per acre.
Now... if you'r~ using .... and I thought
this was a pretty good idea, what Mr.
Richter said about his theory about deve-
loping the stories...if we use the prin-
ciple that four units per floor and a
maximum density of 20, that would dictate
that the building can't be any taller than
five stories. No use put'ting a sixth story
on there unless you're going to go to three
units per floor, which Es kind of obsurd.
To put them back to back ~o that utility
runs and everything are convenient. So
using that rule of thumb I think that the
highest possible suggestion we could make
in the Coastal Management Area, which Ks
only on the North end oX town. It has
nothing to do with below the canal, the SE
category. They had originally talked about
putting some SE down in. t~e South end.
We've eliminated that. We've only put the
SE on the North end of town. Now I think
that should be addressed~ 20 units per
acre. I don't think we have any other
decision to make other than the fact that
20 units per acre, we could probably get
away with 20 units per acre in a five story
building. Five stories, that's why I asked
- 23 -
MINUTES - P~LANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Mr. Annunziato and the builder before
whether or not ten ft. per floor would
accommodate residential too. So you're
talking about 50 ft., and Carmen do you
need something on top of the roof, I would
think...
Annunziato:
Walshak:
Annunziato:
Walshak:
Cheney:
Walshak:
Cheney:
Walshak:
Cheney:
Walshak:
Cheney:
Walshak:
Yeah, you need another ten feet for eleva-
tors and...
...elevators and things of that nature.
It is currently permitted, in
the story height, as a height
the City Commission.
addition to
exception, by
Okay. If we were to recommend 50 ft., plus
the exception heights, which would bring it
up no taller than 60 ft. Pardon me?
...five stories...
That's what we're talking about. We're
talking about five stories. Please ....
come up... so you can give us .... so every-
body can...
Just trying to avoid the process .... every
building is going to have an elevator...and
avoid the process of going to the
Commission for a variance. If you say five
stories, with the appropriate appurtenances
on the roof, then it's according to the
rate (inaudible word) of 12 ft. or 10 ft.,
you haven't got to come back for a
variance.
Okay.
Say five stories, instead of 50 feet.
Your point is well taken.
And if you've got twelve stories of office
space you haven't got to worry about it.
(Inaudible words)
Thank you. That point is well taken. So,
I would suggest, in the SH category, we
suggest five stories with the appropriate
- 24
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Walshak:
Richter:
height .... the elevator .... ~
appurtenances .... what do you call that?
Mechanical equipment.
Mechanical equipmento..in that area. Now
in the downtown area, we're talking about
going to 40 units, the density of 40 units
per acre. Mr. Richter, Mr. Richter came
back with that same philosophy that four
units per floor, ten stories, for a hundred
feet plus the elevator mechanical equipment
which would be a maximum height of 110 ft.
in the downtown area. (Tape turned over)
If we're going to recommend that we set a
maximum height limit in Quantum Park and
let the City Commission through public
audience work it out anything up to that...
you know.., eight stories.., they want
eight stories on the perimeter, they use
eight stories. But they could do it on
maximum height...we're giving them at least
the suggestion on maximum height. Your
feelings please? Mr. Richter?
Well, you already know my feelings. At our
last meeting we discussed this and it was
the SH category being on the North end, go
five stories and on a 20 units per acre
density. Because we feel the level of ser-
vice will not be hurt that much up on that
end of the City.
Walshak:
Richter:
Well, the level of service could accom-
modate that...
Yeah... can accommodate that .... at pre-
sent. In the Downtown District, of course,
it's the intensity should be increased with
the density and be allowed in the CBD on
approved basis and subject to code.., to go
as high as...we're recommending as high as
ten stories. I feel that if we're going to
extend it to the 1-95 to Congress, 22nd
Ave. category in Quantum Park, then we
should determine now ~hat height or inten-
sity we wish to allow or recommend for that
area for the Council's consideration. I feel
that it's up to the Council, when they put
this on the referendum, to form how the
- 25
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Collins:
Annunziato:
Walshak:
Deutsch:
Walshak:
Deutsch:
referendum is stated to the people. I
think the more information we can get out
to the people, so that they can read about
it and understand the actual way that it's
intended. I don't think there's any room
for panic. I feel that we can go ahead and
move and accommodate these kinds of struc-
tures and increase the tax base and enhance
the beauty of this City, especially the
rehabilitation of the downtown and the
Northend area.
Mr. Collins?
I have one question we should ask Carmen,
whether or not...in terms of support faci-
lities for a ten story building, are we set
up, the level of service for the Fire
Dept., those types of things? I know you
can put sprinkler systems and so forth, but
would we be set up or would that cause a
problem in terms of, you know, in terms of
having to get extra equipment to take care
of that in the event that you have a
problem.
I think that's going to be part of the
policy debate that will occur before the
City Commission. At this point the
answer... I can't answer your question.
But that will certainly have to become part
of the discussion.
We don't have a hook and ladder truck in
this town. Mr. Deutsch?
Can I just clarify one point that I made
earlier?
Sure.
In reference to to Mr. Richter's question
and by virtue of some of the comments
coming from the public. We are not looking
for just unlimited cart? blanche height,
lifting of the restriCtmons throughout all
of Quantum Park. The research and develop-
ment, the light industrial properties,
really there is no need to go beyond 45 ft.
We're primarily focusing on the
interchange, the hotel and office structure
- 26 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Deutsch:
Walshak:
Deutsch:
Walshak:
ah, lots. Another point that may give some
comfort to the City, we would be willing to
put some.., and again, I have no idea what
that cap may be, but some outside cap on
square footage. Mr. Annunziato, we're
already set with the development order but
if you want to establish some kind of pat-
tern to avoid the problem that was raised
earlier about just a steady stream of eight
to ten story buildings, we would be more
than happy to discuss something like that.
I think your discussion, I think your
discussion on those lines will come in
front of the City Commission ...
Okay.
And you'd better be prepared to address
those problems at that point in time. I
think it's our concern at this point to
make a recommendation on a maximum height
for Quantum Park. It's up to you and
finally the City Commission to decide
what's beneficial for the City. But I
think we've done our job if we recommend a
maximum height level in your project.
Okay, thank you again.
Yes, sir.
Collins:
Annunziato:
Carmen, you answered my question.., that
would be the only thing...based on... I
feel pretty much the same in terms of what
we've been discussing, but my concern is
whan impact it would have on the City down
the road. You know, you're looking at more
dollars and cents ....
There will be an impact. There may be an
impact in things that have to be built just
to provide the services to higher density,
but we don't know at this point.., we can't
measure, I can't give you a yardstick in
saying well, you know it will cost so much
money. We have to buy this or we have to
build those lanes and things like that.
But there will be an impact.
- 27 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
Cheney:
Walshak:
Cheney:
Annunziato:
Walshak:
Cheney:
Walshak:
Blanchette:
Yeah. And Carmen, a lot of those problems,
a lot of those problems that these
situations would create would be addressed
through the impact fees up front.
Absolutely. I think it would be the
responsibility of the developer who inten-
sified to mitigate these costs if possible.
I'd love to see the first guy that came in
to build a ten story building...we bump him
for a fire truck .... that will reach ten
stories.
I think there's one budgeted this year.
There is. It's a half a million bucks or
something.
In the first place they're building a fire
station to accommodate (inaudible words)...
an the second place, with the Commission to
agree on how we're going to buy it and
(inaudible words).., over a five or ten
year period. (Inaudible words)
How would you like to see them take some-
body that comes an and builds one of these
ten story buildings and we bump them for a
fire truck, the cost of a fire truck.
Wouldn't that be lovely! (laughter)
That would be lovely, but this isn't Mickey
Mouse Land! (laughter)
In fact that might be one of the more lesser
costs.
Yes, I understand that.
Utilities are the ones that we're going to
have to study once we ....
Mr. Blanchette?
You mentioned, they're building a fire
station...would that be one out West? If
that was the case then that's where you
would house the large truck and that's
where you would want to build these things
and not have them down on the South end of
town.
28 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20~ 1989
Richter:
Blanchette:
Walshak:
Blanchette:
Walshak:
Blanchette:
Walshak:
Blanchette:
Obviously you are going to cover the whole City.
Yeah, but the Fire Dept. would like
(inaudible word)...but getting back to the
height limitations, I've thought a great
deal about it. It's very difficult to even
imagine, describe a building, the size of a
building and the height of a building
without some scale of what the next
building is going to look like. I wasn't
even concerned with Quantum Park until they
brought it up today. I was thinking more
of the downtown area and the coastal
regions. But Quantum Park, I could go with
a hundred feet in a limited area, within
the interchaRge as long as the rest of the
Park is going to be relatively low profile.
The downtown area, I could go with 100 ft.
at least one structure, say some developer
comes in with a revolving restaurant.
Maybe that would be the focal point of
downtown at that point and the only struc-
ture at that height where the rest of the
structures would be (inaudible word) plus
their appurtenances.
I think the suggestion was made that we
give the City Commission maximum
heights...
That's what I'm giving you.
And let them chew on it.
And I'm giving you two maximums, one here
and one down here and in the coastal
region I think five stories ....
Okay, when we say coastal region we've got
to be more specific and say the SH cate-
gory which is on the North end of town, so
that ...we're going to have it .... the City
Commission is going to have their hands
full with peopl~ in that area. Don't
bring also the people of the South end of
the Coastal Management Area in, you know
what I mean?
As long as they know it's in the SH area.
- 29 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 20, 1989
Walshak:
Blanchette:
Walshak:
Richter:
Walshak:
Richter:
Walshak:
Richter:
Collins:
Walshak:
Yeah.
There's only one (inaudible words).., and
that's up there. It wouldn't be, in other
words, everything... South of there, this
is parking...(inaudible words), as far as
I'm concerned. I think these changes will
be necessary. Those restrictions were put
on years ago and a tax base which we men-
tioned, to bring that up to anywhere near
where we can~_plan the City, with all the
services. I think we have to change it
and I think according to what I can ima-
gine in this City, the average cost of a
house, I would say is between $70,000 and
$90,000. That's my guess. And we have a
lot of higher prices to the South and a
lot of lower prices to the North.
Any further discussion? The Chair will
accept a motion on heights to be passed
along to the City Commission for their
review process on the Comprehensive Review
process.
Mr. Chairman, I recommend, or I move that
we recommend a five ft. or five story
height limit in the SE category on the
North end of town, based on twenty units
per acre. In the central business
district...
I think we've identified that as the MX...
...in the MX district. Our maximum height
would be ten stories. In the Quantum
Park, 1-95, 22nd Ave. area, also a height,
a maximum height of up to 100 units,
excuse me, 100 ft., and...
Are you going to call it ten stories or...
Well let's put it ten stories. That's
easier than... (inaudible word) and
possibly eight stories in other designated
office areas.
Mr. Chairman, I second the motion.
It has been moved and seconded that we
send along to the City Commission for the
- 30
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 20, 1989
Annunziato:
Richter:
Walshak:
Annunziato:
Walshak:
Blanchette:
Annunziato:
Walshak:
Annunziato:
Walshak:
Members:
Walshak:
Annunziato:
Comprehensive Plan review process the
following recommendation pertaining speci-
fically to height. In the SH district,
five stories, in the MX district ten
stories, in the Quantum Park ten stories.
Any discussion on the motion?
There were two parts to Mr. Richter's com-
ments on...
...ten stories in the 1-95, 22nd Ave ....
Okay, I stand corrected. I don't take
shorthand here folks so I stand corrected.
Mr. Chairman?
...ten stories and eight stories.., let me
finish tbs motion Carmen...eight stories
in the in all other areas of Quantum Park.
...main office areas.
In your discussion you talked about plus
additional height for mechanical equip-
ment. Did you want that included in the
motion?
Yes.
Those number of stories plus additional
height for mechanical equipment.
As moved.., any discussion on the motion?
Ail those in favor signify by saying
aye ....
Opposed... (silence) .... carried 4-0.
Next, I had a request from, I think it was
Mr. Ciklin on a piece of property.
Somebody owns a piece of property here in
Boynton Beach, out of town folks who
missed our last public hearing. He would
like to discuss it at this time. Come on
up Mr. Ciklin.
Mr. Chairman, while Mr. Ciklin's coming
up, was it Mr. Collins who seconded that
motion?
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Collins:
Walshak:
Ciklin:
Yes.
Yes.
Go ahead Al, I'll be listening. I
(inaudible word).
Mr. Chairman, members of the Board, we're
not sure. We think we're in the right
place. We know that the City Commission
is going to have Comprehensive Plan
hearings coming up and we read the adver-
tisement and we have a request for them to
consider. Before we feel reluctant to
have them consider it without coming to
you first and having you review this par-
ticular piece of property which is fairly
well known within the City. Just to
orient you, this is Congress Ave. and the
Holiday Inn, Catalina Center, Motorola,
Quantum Park, zoned shopping center, the
Boynton 8each Mall. The parcel that we're
talking about is at the Southwest corner,
and Northwest 22nd and Congress Ave. It's
a piece of property, about ten acres that
at one time was zoned .... was part of the
entire PUD, the Congress Lakes PUD, and
since has been sold to a company out of
Nashua, New Hampshire, that I represent,
called American Development. During the
approval of the Gerilitus complex, tennis
complex to the rear, there was some
discussion of the American Development par-
cel and it was assigned at that particular
time, and American Development agreed, that
it would be assigned 59 residential units.
When they did that they made it clear that
although they were accepting that assign-
ment, they reall~ thought the best use for
this particular piece of property, and the
obvious use is f~r future commercial deve-
lopment. And th~ reasons, by looking at
the graphics, we think are obvious. The
entire strip up'to N.W. 22nd along Congress
is commercial. That's ail the red that you
see here° Immediately across the street in
the orange is planned indus%rial develop-
ment, Motorola and Quantum. Katy-corne~,
across the street is I think, a ~20 acre
Savannah Square. N.W. 22md, which you know
far more about than I do, is going to be
- 32 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 20, 1989
Walshak:
Ciklin:
Walshak:
Ciklin:
Walshak:
Ciklin:
(Voice):
Ciklin:
Walshak:
Annunziato:
Ciklin:
Annunziato:
one of the major East/West thoroughfares in
the City with an 1-95 interchange.
Improvements are scheduled for Miner Rd.
which is further South. Boynton Beach
Blvd. is also scheduled for some improve-
ments. So, if you think it's appropriate,
we weuld like to ask you to consider the
American Development parcel to be included
· n the Comprehensive Plan as commercial
rather than residential. And again, we
think the graphics speak for itself. Mr.
McMurray is in the office...the reason he
ts here is he obviously is interested
because he represents the owners of the
Catalina Center and the hotel and who are
also joint venture partners in the
Gerilit~s tennis center.
What designation, Mr. Ciklin, are you
asking for in commercial?
The parcel ....
C-l, C-2, C-3 or C-47
The parcel across the street in the
Catalina Center is C-3. We would think
that would be the appropriate designation.
The piece that we're talking about, can you
point it out?
Yes. The piece is in grey. The red is
existing commercial. This is N.W. 22nd.
The orange is all industrial.
Where is Congress?
Congress is (inaudible). This is N.W.
22nd, 1-95, Boynton Beach Mall, Boynton
Beach Blvd. And that's...
Thank you very much. Carmen?
Yeah. Could you bring that back please?
Sure.
The owner and I, we go back a long time on
this property. And there's a real history
to this property. It's important that you
- 33 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Annunziato:
understand exactly what's being asked for
and what has occurred in the past. It must
have been seven or eight years ago now ...
Riteco came in as part of an annexation...
Riteco...
Riteco Development Corp. (Inaudible
words).., and they annexed and zoned as a
PUD, this entire parcel, or some 1,180
units, is my recollection. It was called
Congress Lakes planned unit development.
Proposed for this development were.., units
were allocated North of 22nd Ave. and South
of 22nd Ave., with a master recreation
facility located where we now have this
vacant parcel, more or less, more or less,
given the (inaudible word). Over the years,
Riteco has sold off various parts of
the property. First, my recollection is,
first they sold property to Metro
Development Corp. Metro Development,
Mahogany Bay. The next sale of property
actually resulted in Mr. Ciklin filing for
the applicants, two rezoning requests.
One, to create 25 acres of retail commer-
cial in the red a~ea that was zoned resi-
dential and two, to recreate the planning
of development. They had it's district
boundary changed for the remainder of the
PUD. My recollection is that Metro
(inaudible word) that application.
Subsequent to that, Metro sold off the par-
cel o~ land to P~ and~Pos~ developed it's
land residentially, iklan .... correct me if
I'm wrong. I'm recalling from memory all
these things. No~.~ sometime early last
summer we had th~i~eri~t~s project come to
town and there we~ actually tw~ parts to
that project. One, an office ~uilding
which was in the Catalina~ Retail Center
complex, within tke envelope of that com-
mercial zone and %~of a r~uest to develop
a part of t~e remaining p~perty. Now. At
that time we had ~ %hi'fi... well seeing...
at that point if t~e lahd?developed in such
a way that .there w~s no~ ~oing to be a
master recreational a~ea, because those
areas, both Mahogany B~ and Post developed
their properties ~i~h ~e~ own recreation.
So what was agree~!~iu~o~w~ to take all the
- 34
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
Annunziato:
remaining units available to be developed
in this area here and spread them across
the land on a units per acre basis. It
turned out to be something like.., gosh...
I think there were eight units to an acre.
Now. In order to make the Gerilitus pro-
ject work, there was a magic number and the
magic number was about 450. This property
owner gave his density away. He gave this
developability away. He acknowledged that
and put it in writing and now he is asking
to take back more intensity after he has
given his developability away. We knew
this was going to happen, frankly. But,
the idea here, what is happening here is
theyrve got the densit~ from the planning
and development and now they're asking for
more intensity on use of the land. And
that~ I think, is how it turns out. If
this property is put in a residential cate-
gory, I mean in a commercial category, we,
the City, could not chan~e the zoning. We
could not implement th~ Comprehensive Plan
because we would have to file a new planned
unit development for t~is property and this
property and this property and they would
have t0 agree. So i ~n't think we could
implement that change.
Why would we have to do that?
Because we would be creating a new planned
unit development.
Creating it where?
Composed of this property, this property
and this property. A planned unit develop-
ment has a master plan approved for it and
a legal description.
Right. But they were sectioned off weren't
they?
This parcel here? This here?
Yes.
No. They're still in the planned unit
development.
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Richter:
Well how many (inaudible word) are in Posts
Landing?
Annunziato:
...are in the planned unit development.
Walshak:
Mahogany Bay...
Annunziato:
Post.
Walshak:
Post Landing and Gerilitis are all part of
one planned unit development?
Annunziato:
Yes. And American Development. They are
part of that planned unit development. In
order to create this as commercial pro-
perty, we would have to create a new
planned unit development. We can't do
that. I think this is a proper applica-
tion that should be made on a twice yearly
basis, on October 1 or April 1, where the
applicant comes in with two requests for
rezoning, one for commercial and one for
residential~ and then address this issue
as a plan change. Because we could not
implement this change.
Blanchette:
When you mentioned it before you said that
that American Development, that land was
used, their square footage was used within
the density of the whole planned unit
development? In other words, what we're
looking at is a grey area of nothing...
right?
Annunziato:
Fifty nine units. Fifty nine units.
Blanchette:
Invisible.
Annunziato:
Fifty nine units.
Walshak:
In other words, their density was given to
the Gerilitus tennis center.
Annunziato:
They gave away their intensity, willingly,
on their own choice. They gave their
intensity away.
Blanchette:
Which was 59 units?
Annunziato:
No, it was, it was about 100 units, more
or less. They gave away a substantial
portion ...
- 36 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Blanchette:
Annunziato:
Blanchette:
Ciklin:
Walshak:
Ciklin:
Walshak:
(Voice)
Ciklin:
Walshak:
Ciklin:
What's left?
About 59 units.
Fifty n~ne units.
Mr. Chairman, can I help explain?
Go ahead.
I don't mean to but in here. Carmen
said ....
Why don't you set that up, set it up on
the easel there so you don't have to ....
That's interesting. I can see Mr.
Blanchette's point. We've got a physical
piece of property that's invisible ....
...somebodies got to pay taxes or they
can't use it. That's an incredible
situation. And they did give up some of
the density ....
They gave away .... Mr. Chairman there's no
question about what happened here. When
Gerilitus came in, Gerilitus needed so
many units to survive economically. They
had done a market study ....
Right, I was here, Mr. Ciklin, for that, yes.
Of course you were. And what happened was
American... the staff said well, hey,
guys, you don't have that many, because
some of them are assigned to American
Development. And we're not going to
release those unless American Development
releases those. American Development, in
fact~ in writing said we will agree to
shift that many units to the Gerilitus
center and we acknowledge that we have 59
units left. We're not, and I guess I was
part of this and I heard it, and that was
that they didn't a~knowledge that, they
still thought tha~i commercial was the
highest and best use of this property but
if they were stuck with residential, they
acknowledged 59 was it. I guess this
whole thing has i~ fact happened once
before. That is ~s Mr. Annunziato said,
that the Catalina iCenter and the hotel, in
- 37 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Ciklin:
Annunziato:
(Voice):
Ciklin:
fact was residential and it was a part of
the PUD. And as a matter of fact, was one
of the all time great battles that Carmen
and I have had.
Well then you're not friends.
No, we are.
Alan and I are friends.
Good friends.
...and our application at that particular
time was I guess, exactly what we're
seeking today. That was, we suggested at
that time to the Planning and Zoning Board
and the City Commission that this piece of
property was better suited for commercial
development because of the Mall and this
stuff across the street and we asked them
one, to change the Comprehensive Plan and
two, to remove it from the PUD and three,
to give it a commercial zoning designa-
tion. And they in fact agreed with us
despite protests from staff and it's
turned out to be a very nice thriving
development in the City of Boynton Beach
and a very fine hotel. So American
Development is here now and we
acknowledge, there's 59 residential units
there. We acknowledge that we gave some
to Gerilitis. What our suggestion is, is
that.., what is the best, I guess the
question is, what is the best land use at
least in our opinion, for this piece of
property? We think that's it's commercial
because of everything around here and not
residential. Can it be done? We think it
can be done whether we're part of the
Comprehensive Plan that gets amended now
or Whether we file an application some
time in the future on our own. We think
it can be done. And the way it would be
done would be that it would get a land use
plan designation of commercial. We, if we
were fortunate to get that, would then
file an application for commercial zoning,
that everybody would have to approve, and
an amendment to the planned unit develop-
ment to remove it from the planned unit
38 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
development. Now if we were successful in
one but not the others, then we would not
succeed. But we think the process that
we're here to ask you to do ~s exactly the
same process that happened hsre. It's a
public amendment to the Comprehensive Plan
rather than a private one, but in my opi-
nion, an amendment to the Comprehensive
Plan either publicly or privately has the
same result. Most jurisdictions, and I
may be gathering that the City does it
slightly differently here, but most juris-
dictions when they gi~e you a
Comprehensive Plan Designation, you auto-
matically, do not automatically scurry in
and rezone your property for you too.
They say, well you have commercial
designation but you go ahead when you're
ready and you have a plan for it. And
that's what we're Seeking. We're not
asking for the zoning obviously, because
we can't. Wheat we~r~ asking for ls the
ability to approach you once the
Comprehensive Plan wo~ld be adopted to ask
you for the zoning to work our appropriate
conditions to meet your~traffic perfor-
mance standards, which are ~oiag to be
essential, to come up with a phasing plan
if necessary. But most importantly, to
develop this site i~ what we think is an
obvious and appropriate manner of commer-
cial. It woul~ be a sh~U~e in my opinion,
to have the fact that we're strapped by
this PUD, prevent American Development
from allowing this to gO commercial, and
strapping it with wkat ~e think is now,
because of this area ~r~wing up, a major
commercial intersecti~n~ N.W. ~2nd...(tape
turned over)...
There's one more comment that I have to
make. What happened on that property is
not exactly what happened on the Catalina
Center property. Catalina forfeited 212
units with the property where they
superimposed their commercial over the
residentiaL. They did not double-dip.
They took that acreage and the~ took the
units that were assigned to that acreage
and they disappeared from the planning and
development. In this instance you're
- 39 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, PLORIDA
APRIL 20, 1989
Ciklin:
Annunziato:
Ciklin:
Walshak:
being asked to, what happened is you're
being asked to give the density which was
approved as PUD, Which might violate the
PUD landuse intensities, and that has to
be determined, and then secondly, double
bonus it by giving it a commercial inten-
sity. And the second comment I need to
make is this. You need to implement your
Comprehensive Plan within one year and
that means bringing all...implementing
ordinances into comformance with the
Comprehensive Plan. The zoning map is an
implementing element of the Comprehensive
Plan. I believe we would have to imple-
ment one year the zoning change as we have
in the past.
We agree with that. We don't make it
sound as bad as Carmen does but we agree.
We gave some of these units away. No
question about it. And now we're asking
to trade the 59 for commercial.
How about maybe taking the units back?
Making it a viable residential project.
I guess the answer is that it's at a major
commercial intersection. We also agreed
that we would implement a zoning action on
this at our expense within a year if that
was required. We not trying to ...
I'm not so much concerned, Mr. Ciklin,
with what happened in the past or what
Catalina did or what Mahogany Bay or Posts
Landing did. I'm concerned with the
future, the future Land Use Plan. Whether
or not I feel, and I have a definite opi-
nion about it. I think it's better in the
commercial zoning category than residen-
tial on the corner. You're looking at
Motorola across the street, residential to
the South and katy-corner, and 22nd which
is going to become a major artery. I'm
concerned with what is going to happen in
the future with that piece of property. I
5hink I'd like to see it in a commercial
designation, but, how do we do that
Carmen, without ....
- 40 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
This is my recommendation, clearly and
simply. I don't think we amend the
Comprehensive Plan as a part of the future
land use element.
If we wanted to amend it, could we do it?
I think you can do it but I don't think
you could implement it. You would be
forced into implementing it, forced to
predetermine your outcome on a planned
unit development. I think the proper way
to do it is to have the applicant submit
an application. Have him come in and
implement the change, request the imple-
mentation. Then, he can submit the appli-
cation for a land use element (inaudible
word) rezoned. And he can go back to the
other three or four property owners that
are involved to get them to go along with
the rezoning to the PUD, because they
would have to join in.
What you're saying is if he doesn't do it
we have to do it.
Right. And I don't think we can.
think we can do those things.
I don't
How long of a process is it?
It takes nine months to amend the plan.
The future Land Use Plan won't become
effective, if it's adopted, until next
June anyways...so we're talking...
No, it would be adopted, the Plan has to
be adopted in November, December, more or
less November of this year.
I thought it was June of 1990.
No. As soon as we get it back from the
State, in June we transmit, they've got 90
days, July, August, September. We have 60
days to adopt the Plan. October,
November.
Okay. His process couldn't really start
until that's done, it's implemented...
- 41 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Walshak:
Blanchette:
Annunziato:
Blanchette:
Walshak:
I think he could start his process in
October of this year. He~d get an answer
by June of 1990. And I think that's the
right way to do it. That's my
recommendation.
Discussion. Harold?
(Inaudible word)...a zoning black hole
because if the land had been ~sed once,
you're talking about double use of the
land again. Is there any way to correct
that? Is there anyway to take back from
what has been granted to the use of the
other lands involved, so that this land
could be useable again?
I don't know how to do that. The owner of
this land ga~e up his density. He said
I'm happy with what you (inaudible word).
He put it in writing.
It would make a beautiful City park...
H~ gave up his density as far as residen-
tial is concerned. That's what I'm
hearing from Mr. ciklino
Annunziato:
Walshak:
Annunziato:
Blanchette:
Annunziato:
Blanchette:
Annunziato:
Walshak:
But there is an overall intensity of land
that was placed on all of this property.
I understand that.
Eleven units per acre.
Did you mention Riley in this?
Yeah. They were the original owners and
zoners ....
No wonder we're in it.
Well, I don't .... in part they're respon-
sible.
I think the development has a lot to do
with it. That property is becoming more
and more valuable strictly because of it's
strategic location and strictly because of
where it is. But I think it lends
42 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Annunziato:
Blanchette:
Annunziato:
Blanchette:
Annunziato:
Walshak:
Richter:
itself .... that piece of property lends
itself to a commercial zoning category.
I think that needs to be debated at
greater...in greater context .... in
greater depth. At the time we have an
application which clearly indicates all of
the implications of that change. I think
they need to provide that for us and I
think they need to provide the request for
land use zoning amendment change.
Obviously 59 units on a parcel of land,
eight acres, at a major intersection,
something is wrong. But, you know, as
Harold said, there's a black hole here.
They had their ability to develop that
property and they gave it away. Obviously
with an eye to coming back a year later or
whatever and doing whati's happening right
now. I think they should come back in
October, submit proper applications, sub-
mit two rezoning req~'ests actually. One
for the PUD and one for the commercial.
Submit the laad use change. Give the City
all the information it needs to determine
what significant impacts ~re g~ing to be
created. There will be significant
impacts. I assure you, down the road.
Because just at t~e Mall, with respect to
the Mall, we figured three significant
links. We're talking about 3,000 trips
there. This is a very complicated issue.
It needs direct attent{on.
Was there ever a precedent like this
before where the land... I mean that
you've read about?
I have never seen a situation where we've
given double intensity to a land, where a
person had intensity, gave it away and
came back for more. Very unusual.
Do you know of any ....
I've never seen anything (inaudible word)
before.
...oh...I'm sorry Danny. Go ahead.
They're faced with a similar situation
between Boca and Delray at the Polo Club
- 43 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
property. The density in the Delray part
was given to the part that's in Boca.
Therefore they have agricultural land now
in there next to the Delray Community
Hospital, that cannot be used.
Walshak:
Ciklin:
Mr. Ciklin, your approach to the problem
is what. Explain it to me.
Our approach to the problem is we believe
the same approach as Mr. Annunziato's, but
less complicated. We fully intend to pro-
vide the City with everything they need,
traffic studies, surveys, drainage
reports, full blown review. At the time
of the zoning approval, if we cannot con-
vince the Planning and Zoning Board and
the City Commission during the zoning pro-
cess that this can withstand the impacts
on the roads and every place else, then we
believe we should be denied. The only
thing we're doing is rather than waiting
until October to then apply for a
Comprehensive Plan ammen~dment, we're
asking that the Plan ammendment be done
now so that in No~ember or December, when
the Plan's approved, we can then apply for
the zoning change for total and complete
scrutiny by you. If we can't convince you
and if we can't meet your standards, we
believe we should be den~ed. It just eli-
minates all those months from the process.
In fact, in my mind, the only real
restriction is that you ca~not take any
zoning action that's contrary to your
Comprehensive Plan. That doesn't mean,
and I think there's a bunch of cases that
say, because it says commercial you have
to give us commercial. I mean I think
that's probably the fear. Because it says
commercial you hRve to give us commercial.
That's not the case. We have to meet your
performance standards. And we're fully
intending to do that. We're not trying to
skirt one of your zoning requirements. We
just believe it's better done at a zoning
l~vel rather than a planning level and if
we can get into the planning process now,
do the zoning pro~ess in November or
December, it's skill months and months and
- 44 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Ciklin:
Walshak:
Annunziato:
Walshak:
Annunziato:
Walshak:
months off. The only other thing is, and
I don't want...Mr. Annunziato is tremen-
dously correct. They willingly and
knowingly gave up those 100 units to
Gerilitus and...
I know. I was here. I was here.
I don't want it to sound like it was a
sleazeball kind of thing. Well, we'll
give them away and then we'll come back
and say, how about some commercial? At
that particular time it was stated, we'll
give them away. If residential is what
you think is appropriate here, we'll live
with the 59 units but we want you to know
that commercial is really where we're
coming from and what we think is ....
I remember those discussions. Carmen, the
plan that he is suggesting makes sense to
me unless, of course, it cannot work
mechanically.
I don't think it works mechanically
because if it's denied...well first of
all, if it's denied and you're stuck with
Land Use Plan incompatibility ....
That's no worse a situation than what he
has right now.
Right now there's no Land Use Plan incom-
patibility. The land use is consistant
with the zoning.
Yes. If you want to put 59 units on that
particular corner.
Annunziauo:
Walshak:
Annunziato:
Blanchette:
Annunziato:
But that's the problem that they have.
Well it's a problem the City has too from
the standpoint of developing our ground.
I think that they need to come .... I told
you my recommendation.
Perhaps the only ....
In fairness to the other property owners
too. You know, in fairness to the
- 45 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
AnnunZiato:
Walshak:
Blanchette:
COllins:
Richter:
(inaudible word) property. Why don't...
you know.., why don't we make his property
commercial and come back with a rezoning
application. We deny him and give him
another ....
.... (inaudible word) asking...
But it's the same problem. You know, it's
the same problem.
Discussion .... Harold...
No more .... Discussion? I've already
discussed it. I really, I don't have an
answer for it.
As much as I understand his particular
predicament, I don't want to see the City
get caught in something where we end up
setting precident over something that
might cause problems later on down the
line. I respect what Carmen is saying in
terms of that. That could very well hap-
pen. I don't know what they have planned
in the future. I don't know how long
they're going to need to...I don't know if
they're ready to go or if they have things
ready to go for that piece of property
right now or...I don't know. But from a
time standpoint, I can understand time is
money. But I think from the City's stand-
point, I think Carmen does not want to get
involved in a situation where we might run
into some problems later on down the line.
I think that's basically what he's saying.
He has no problem with it but he just
wants the process to... and I know that
what we're trying to do is to basically
streamline that process. And I
understanding exactly what we're in. But
at this point I kind of have a tendency to
agree with Carmen on it.
Nat, I kind of support your viewpoint. I
think we're left i~ purgatory with this
and it's a feeling of ambivalence. We
know it should be commercial because of
the intensity and t!he intersection...but I
feel it should be lieft up to him to follow
the process Carmen ~has suggested. Because
- 46
MINUTES - PLANNING & ZONING BOARD
BOyNTON BEACH, FLORIDA
APRIL 20, 1989
Collins:
Walshak:
Annunziato:
I don't see how we can change the
Comprehensive Plan to zone that C-3 right
now without ....
As much as I sympathize with you in terms
of being able to streamline the process
because basically that's what we're all
(inaudible word). That's the way I feel
about it. But I think in this ~nstance
without setting a precident in terms of
other situations there, I'm inclined to
agree.
Carmen? It would actually take him.., you
think, nine months, if he came in tomorrow
with his application.
October 1. If he came in October 1 it
would take him nine months. I don't think
there's an issue here of these guys ready
to turn dirt tomorrow.
Walshak:
Annunziato:
Ciklin:
Walshak:
Ciklin:
No. I doubt that very seriously.
That would be the process. They would
submit October 1. If it were to be
approved, it would be June 1, 90, more or
less.
Mr. Chairman. I guess we see the planning
process a little differently than Mr.
Annunziato. Of course, he is the resident
expert here in the City. The way we see
the process is that a Plan is just that.
It's the Plan. You say to yourself, now
what's the best thing for the City of
Boynton Beach. How do we want this area
to develop in the future?
My words exactly ....
So...that's why I thought this would be
easier. You know, I look at this and I
say gee, N.W. 22nd, Turnpike interchange,
Congress, Motorola, Boynton Beach
Mall .... commercial. I mean it's easy.
Now the hard part is knowing what you
think ought to be there seems to be the
easy part. The hard part for us and for
you and the City Commission and for Mr.
47 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Ciklin:
Walshak:
Ciklin:
Walshak-.
Ciklin:
Walshak:
Ciklin-.
Annunziato is the implementation of the
Plan. And what we anticipated was that if
we were fortunate enough for you to agree
with us here, our hard!part would begin by
filing th~ z0ning application, the PUD
amendment,, and then convincing you that
what we wanted to put here met all your
codes, me~iyour itraffic performance stan-
dard and COuld ibe s~btracted from the PUD.
HOw much ~ime, Mr. Ciklin, do you think
you would save if your plan vs. what Mr.
AnnunziatoI haS suggested?
Well, if we, if we were fortunate enough
to be included here and Carmen's right
that December 1 there would be a new
Comprehensive Plan that reflected commer-
cial, we believe that uader the new City's
streamlining philosophy we could be
through into and out of the zoning process
within 120 days after that.
That would put you into April... April
rather than...
Which is still a year from now. I mean
it's not exactly around the corner.
Well then we're talking .... let's, let's
not cut hairs here boys and girls, we've
got Mr. Annunziato suggesting June 1 and
you're suggesting April 1. So you've got
a difference of two months.
Exactly...
That's not.., it doesn't seem to be a big
deal. Are there any other advantages Mr.
Ciklin, that you feel that setting that in
planning now would help with, the
zoning...where are you coming from?
Well I think the only thing it does, it
gives American Development the chance to
focus on the actual development plans for
the next so many months, and be thinking
about what ought to go here and what their
zoning plan...work on their site plan,
work with staff.., it's that kind of a
time saving.
- 48 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
Ail things being equal, I don't feel that
they would have any problem coming through
on that. I don't think so. I think that
piece of property lends itself to commer-
cial. You've got a major artery there.
You're surrounded on three sides. Of
course Mahogany Bay is across the street
but that's, that's net saying a whole lot
in my estimation. You've got industrial
to one side, commercial to the other side.
Commercial and residentialo..it's on two
major arteries anyhow. I think the corner
should go commercial. I think all that
we're arguing here is two months. And if
it makes our City Planner sleep better
tonight then...
Annunziato:
Ciklin:
Walshak:
Ciklin:
Walshak:
Ciklin:
Walshak:
It makes me more comfortable legally, Mr.
Chairman. Because if they can't prove to
the City that they can make this project
work, you have Land Use Plan incom-
patibility. You have a Land Use category
that is not consistent with the zoning.
That is illegal. That's what makes me
uncomfortable.
In an effort to make Mr. Annunziato sleep
better we certainly... I mean that's why
we're here to get your input and to find
out where you want us to go.
I'm sure you understand.
Sure...
We're talking about, I thought possibly
that you were talking about maybe this
thing being accomplished by October,
November, December of this year. But,
we're only talking a difference of 60
days... I don't think it's...
We quite honestly think it's more. The
way we anticipated it was, if we filed an
application for Comprehensive Plan
amendment ....
The only problem is... some of us might
now be here next year. My term is up
April of next year. (laughter) I can't
- 49 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Blanchette:
Walshak:
Ciklin:
Walshak:
Blanchette:
Ciklin:
Blanchette:
Ciklin:
guarantee if you told me (inaudible
words).
Let's get some place with this today.
Okay, thank you Mr. Ciklin.
So your advice.., what you're telling
American Development is that...
Listen to me. We make a recommendation as
a Planning and Zoning Board, okay? We
recommend to the City Council that this
either be approved or denied, okay? That
doesn't stop you from going to the City
Commission when you have definitive dates
or something. We're guestimating here
this afternoon. Maybe you'll have more
definitive dates... I feel that you can
probably go ahead to the City Commission
lrregardless of what happens here, bearing
in mind that I think most of the members
on this Planning and Z~ning Board agree
that that is probably a better commercial
site for the City of Boynton Beach, okay?
But... the Chair will accept a motion on
this.
Just one question before the motion.., by
commercial we're talking about in the same
realm as what's existing now through the
Catalina Club ....
Yes, sir.., it would be compatible with
that.
...same type of architecture?
Yes sir. It would be compatible.
American Development has been in
discussion with Ocean Properties and...I
don't know, I get the sense of what you're
saying. I don't know if it really
requires a motion unless you want to give
us one. What you're saying is that go
through the process Carmen described.
Blanchette:
The only question I have on it is the
legal question of the use of that par-
ticular piece of land.
50
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 20, 1989
Walshak:
You're right. It wOuldn't require a
motion because we're not ....
Ciklin:
So we'll take you advice and we'll find
Out from American Development whether they
want to wait until October or try again in
a week or so witih the City commission.
Thank you so much for your time.
Walshak:
Thank you. Anybody in the audience who
wishes toiaddress the Planning and Zoning
Board before we wrap this up this evening?
(Silence)..~Any discussion? Meeting
adjourned.
The meeting properly adjourned at 5:30 P,M.
Shannon Burkett
Recording Secretary
(Two Tapes)
- 51 -