Minutes 04-11-89MINUTES OF REGULAR MEETING OF THE PLANNING AND ZONING BOARD
HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA, BOYNTON
BEACH, FLORIDA, TUESDAY, APRIL 11, 1989 AT 7:30 P. M.
PRESENT
Robert Walshak, Chairman
Harold Blanchette, Vice Chairman
Nathan Collins, Jr.
Gary Lehnertz
Marilyn Huckle
Daniel Richter
Carl Zimmerman
Murray Howard, Alternate
Carmen Annunziato,
Planning Director
Tim Cannon,
Senior City Planner
Mike Rumpf,
Assistant City Planner
Chairman Walshak called the meeting to order at 7:30 P. M.
and there was The Pledge of Allegiance to the Flag.
Among those in the audience were Commissioners Ezell Hester,
Jr., Arline Weiner, and Lee Wische; Peter L. Cheney, City
Manager; Former Commissioner Dee Zibelli; Simon Ryder,
Former Chairman of the P&Z Board; and Owen Anderson,
Executive Vice President, Greater Boynton Beach Chamber of
Commerce.
ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Mr. Richter nominated Robert Walshak as Chairman for another
year, and he nominated Nathan Collins, Jr. as Vice Chairman.
Vice Chairman Blanchette seconded the motion.
Mrs. Huckle nominated Gary Lehnertz as Vice Chairman. *Mr.
Lehnertz seconded the motion.
A vote was taken on the nomination of Robert Walshak, and
the vote was 7-0.
A vote was taken on the nomination of Nathan Collins as Vice
Chairman, and the vote was 4-3. Mrs. Huckle, Mr. Lehnertz,
and Mr. Zimmerman voted against the nomination.
AGENDA APPROVAL
Mr. Lehnertz wished to add "Recognition of Members and
Visitors" to the agenda. Chairman Walshak replied that the
Board took a vote on that at the last session of the Board.
Mr. Lehnertz did not realize it was a perpetual change. At
The last session, which was not a regular meeting of the
Board, he thought it was an agenda change to streamline that
*Should be
~. Zi~erman.
See 5/9/89
Minutes.
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
one evening's work. Chairman Walshak thought the motion was
specific. Mr. Lehnertz stated that a number of people do
not come to the meetings, and he did not feel that it was
out of line or took an undue amount of time to recognize
those citizens who are worthy of the Board's recognition
that take time to come to the Board meetings.
Chairman Walshak said "Recognition of Members and Visitors"
would be added to the agenda under "C. DISCUSSION." There
were further comments.
At the end of the meeting, under "C. DISCUSSION", Chairman
Walshak said they had "1. Establishment of site plan minimum
dollar value as a basis for review" and "2. Height restric-
tions in Coastal Management Area." Since they were important
items, he wanted to put them as items 4 and 5 under "OLD
BUSINESS, A. PUBLIC HEARINGS". He added an additional item,
"6. Community Development Plan."
Mrs. Huckle asked why he was moving these up to the middle
of the agenda, as set forth. Chairman Walshak wanted to
move them up because that particular portion was the public
hearing section, and if there were any comments from the
audiencer he preferred to have them at that time.
Mr. Blanchette moved that they accept the agenda as
suggested, seconded by Mr. Richter. The motion carried 5-2.
Mr. Lehnertz and Mrs. Huckle voted against the motion.
COMMUNICATIONS AND ANNOUNCEMENTS
Withdrawal of Winchester Applications
Mr. Annunziato informed the Members that the Winchester
application had been withdrawn by the applicant. He thought
the applicant thought that at this time he would not be able
to predetermine what the market would bear on his property,
in terms of development. Because of that, the applicant
wants to wait until a developer accompanies him through the
process.
Capital Improvements Element
Mr. Annunziato called attention to the additional pages
given to the Members, which were to be added to the Capital
Improvements Element. He said the additional pages would
supplement or replace pages that were handed out Wednesday,
April llth, and they would be addressed at the public
hearing tomorrow night.(Wednesday, April 12, 1989).
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MINUTES
BOYNTON
PLANNING & ZONING BOARD
BEACH, FLORIDA
APRIL 11, 1989
Public Kearing, Wednesday, April 12, 1989
Mr. Annunziato announced that tomorrow night there would be
a public hearing to go over, hopefully, in final form the
Elements of the Comprehensive Plan.
Communication from former Board Member Jose' Aguila.
Mr. Annunziato said Former Board Member Jose' Aguila read
the agenda and wrote comments that he wanted Mr. Ann~nziato
to read into the record as the items came before the Board.
Chairman Walshak quest~0ned whether the Board would be
setting a precedent to do that. Mr. Richter had no objec-
tion. Mr. Lehnertz thought they would be setting a prece-
dent. Mr. Zimmerman thought the comments would be helpful.
MINUTES
Regular Meeting of March 14, 1989
Mr. Blanchette moved, seconded by Mr. Lehnertz,
the minutes as presented. Motion carried 6-0.
abstained from voting as she was not present at
meeting.
to approve
Mrs. Huckle
the last
OLD BUSINESS
A. PUBLIC HEARINGS (Continued from 3/14/89 Meeting)
PARKING LOT VARIANCES
Project Name:
Agent:
Owner:
Location:
Description:
First Church of Christian Scientists
Capstone, Inc.
Christian Science Society, Inc.
West side of South Seacrest Boulevard,
north of Golf Road
Request for a variance to Section
5-142(g) "Parking Lot Construction" of
the Parking Lot Regulations
Mr. Annunziato asked that this be continued until the next
regular meeting of the Board.
Mr. Blanchette moved, seconded by Mr. Richter, to continue
the public hearing of this request until the next regularly
scheduled Planning and Zoning Board meeting. Motion carried
7-0.
MINUTES
BOYNTON
- PLANNING & ZONING BOARD
BEACH, FLORIDA
APRIL 11, 1989
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Gulf Oil Service Station
Alan J. Ciklin, Esq.
BP 0il Company
Edward and Joan Madden
South Seacrest Boulevard at Woolbright
Road, northeast corner
Lots 12 and 13, Block 11, CENTRAL PARK
ANNEX, according to the Plat thereof,
recorded in Plat Book 12, Page 51,
Public Records of Palm Beach County,
Florida, less road right-of-way
Request for a variance to Section
5-i42(h)(3) "Driveways", of the Parking
Lot Regulations
CONDITIONAL USE
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Gulf Oil Service Station
Alan J. Ciklin, Esq.
Sohio Oil Company
Edward and Joan Madden
South Seacrest Boulevard
Road, northeast corner
at Woolbright
Lots 12 and 13, Block 11, CENTRAL PARK
ANNEX, according to the Plat thereof,
recorded in Plat Book 12, Page 51,
Public Records of Palm Beach County,
Florida, less road right-of-way
Request for conditional use and site
plan approval to construct an
automotive service station with retail
gasoline sales and a 685 square foot
convenience store on .531 acres
Mr. Golden read Mr. Annunziato's memorandum of February 15,
1989, which was addressed to the Board with regard to the
Conditional Use application. (See "Addendum A" attached to
the original copy of these minutes in the Office of the City
Clerk.) With reference to the Standards for Evaluating
Conditional Uses on page 2, Mr. Golden called attention to
items 1, 5 and 8.
Concerning the driveways referred to in paragraph 1 under
~Standards for Evaluating Conditional Uses", the Technical
Review Board (TRB) recommended that the variance request be
approved as outlined in the memo from Mr. Annunziato to the
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Boardr dated March 8, 1989. (See "Addendum C" attached to
the original copy of these minutes in the Office of the
City Clerk.
With reference to item 5, "Standards for Evaluating
Conditional Uses," Mr. Golden drew attention to the staff
comments from the City Forester. Be stated that the appli-
cant submitted a landscape plan to the Community Appearance
Board (CAB), which provides for Laurel Oaks along the north
property line and for additional canopy coverage above the
wall at full growth.
The Planning Department recommended that the Conditional
Use application be approved subject to staff comments
attached to the original copy of these minutes in the Office
of the City Clerk as Addenda B-1 through B-2 inclusive, and
to the following comments:
E_~ngineering Department
1. Extruded surface concrete curb not permitted.
24 Exfiltration trench detail does not have dimensions.
3. Exfiltration trench length is correct as shown (140
feet); however, the supplied calculations are incorrect.
4. The drainage catch basin detail should show a ½ inch
wire mesh over the 12"x12" drainage opening in bottom.
5. A detail is required for the stop sign and its mounting
and embedment.
6. The sidewalks at the ingress and egress should be shown
as six (6) inches thick.
Utilities Department
1. Indicate piping from dumpster drain to the sanitary
sewer. Include grease trap/oil separator and detail on
dumpster showing elevation relative to parking lot.
2. Palm Beach County Environmental Resource's Management
must approve the underground tank installation before
this department will provide final sign off.
3. Trees shall be placed no closer than 5' from the proposed
water main.
Pqlice Department
1. A portion of the exterior lighting must be photocell
activated in such a manner as to provide site lighting in
case of closure.
2. Comply with city construction ordinance°
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
Forester/Horticulturist
The applicant must meet with the City Forester to discuss:
a) The Tree Preservation Ordinance affecting the existing
Black Olive Trees.
b) Increasing the landscape buffer along the north property
line adjacent to the residential subdivision.
Mrs. ~u~kle thought the locations were switched, and she
informed Mr. Golden that the handicapped parking is not on
the east side. It is on the west side. The two islands are
on the east side.
Vice Chairman Blanchette thought by combining the two
properties, it would make a better aesthetic presentation to
the City. Be alluded to the 7-11 property.
Mr. Lehnertz called attention to the second comment from
the Planning Department (Addendum B-2) and asked if Mr.
Golden saw any problem with the amount of green space the
applicant has. If they separate the roof runoff and the
parking lot runoff, Mr. Golden said that would reduce the
amount of runoff that would have to be treated. Along the
north property line, there is reduced landscaping. If there
appears to be a problem, Mr. Golden said they will have to
consult the Engineering Department. There was discussion.
Mr. Golden did not believe there was any requirement to pro-
vide a separator. Mr. Annunziato pointed out that the
dumpster drain was addressed by the Director of Utilities.
Mr. Collins wondered what color the building would be.
Mr. Golden replied that the basic building color is green.
At some point, they will have to convert their Gulf sign to
a BP sign.
Alan J. Ciklin, Attorney at Law, Northbridge Tower I -
19th Floor, 515 North Flagler Drive, West Palm Beach, FL
33401, said two existing sites are being combined into one.
The west half of the site is an existing Gulf station that
is probably between 20 and 30 years old. The east part of
the site is a deli that was closed down. By combining the
two sites, the Gulf station will eliminate the mechanical
repairs, and it will be more than twice the size it is now.
It will allow them to do a nice job with landscaping.
North of the site plan was a new neighbor, who indicated
concern along that area because of the removal of four Black
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
Olive trees that were there. In exchange for the Black
Olive trees, which will go to the City park across the
street, Attorney Ciklin said seven Laurel Oaks of about
equal size will be placed in that area. He elaborated.
In the driveway variance, if they met the requirement,
Attorney Ciklin said the driveway would be on somebody else's
property, or they would not meet the requirement' at all.
stated that he thiaks it works well, and he added that the
Engineering Department felt the same way.
Gulf Oil is doing this type of thing throughout Palm Beach
County. He passed a picture of the station at Broadway and
Blue Heron in Riviera Beach, which showed the colors.
During discussion about other stations, Attorney Ciklin said
BP Oil now owns Gulf Oil, and green is their color.
Vice Chairman Collins inquired whether there will be
sufficient irrigation to maintain what will be put in.
Attorney Ciklin answered affirmatively. He informed the
Members that the Laurel Oaks cost about $5,000 apiece.
Mr. Lehnertz asked Attorney Ciklin if he saw any problems
with changing the drainage to pretreat asphalt runoff.
Attorney Ciklin was under the ~mpression, after meeting with
the Engineering Staff, that they had adequate treatment.
During the next week, they will go back to the Engineering
Department and find out exactly what they want. Attorney
Ciklin thought the applicant would be able to comply with
what the Engineering Department wants.
As no one wished to speak in favor of or in opposition to
the application, THE PUBLIC HEARING WAS CLOSED.
Motion re Parking Lot Variance
Mr. Lehnertz moved to approve the request for a variance
to Section 5-142(g) "Parking Lot Construction" of the Parking
Lot Regulations. Mrs. Huckle seconded the motion. Motion
carried 7-0.
Chairman Walshak advised that because of the 7-0 vote, the
parking lot variance did not have to proceed to the City
Commission. If the vote had been 6-1, the City Commission
would have had to hear it.
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' ' , , 71 T ~ q Fi
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11~ 1989
Motion re Conditional Use
Mr. Richter moved to approve the request for conditional use
and site plan approval to construct an automative service
station with retail gasoline sales and a 685 square foot
convenience store on .531 acres, subject to staff comments.
Mr. Lehnertz seconded the motion.
Chairmaa Walshak asked if the applicant was in agreement
with the staff comments. Attorney Ciklin answered, "Yes,
Sir."
Mr. Zimmerman asked if the Board was to set a time limit on
getting the conditional use into effect. Mr. Annunziato
answered that conditional use regulations require the City
Commission to set a time for the conditional use to be
established. The recommendation was that it be one year,
which would be similar to the approval of the site plan.
Mrs. Huckle added that it would be up to the City Commission
to establish.
A vote was taken on the motion, and the motion carried 7-0.
C. DISCUSSION
1. Establishment of site plan minimum dollar value as a
basis for review
Chairman Walshak requested that this be put on the agenda
for discussion and a motion this evening. He had been over
the Ordinances and could find nowhere in the Ordinances that
this particular Ordinance had been repealed. Chairman
Walshak seriously believed this particular Ordinance was
never repealed, and he added that it was not codified.
Chairman Walshak thought it was a suggestion by the City
Commission a year or a year and a half ago to eliminate it
and bring everything through the system. However, he did
not believe it ever went to Ordinance. He checked and
could not find it. He asked whether Mr. Annunziato had any
knowledge that 19-34 had been repealed. Mr. Annunziato
answered that it has not been repealed or amended.
Chairman Walshak commented that there was another instance
where the City is doing things and making the citizens and
applicants of this community come through a process that
has no basis in law. He read Sec. 19.23 of the Code to the
audience.
Mr. Blanchette asked if Chairman Walshak was saying the City
has been doing things wrong for several years. That was
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
what Chairman Walshak was suggesting, and he said unless
someone tells him differently, they are bringing these people
through the system. He referred to Motorola coming tonight
just wanting to move a toilet and add a door, when an Ordi-
nance Ks on the book that has not been repealed or amended.
Chairman Walshak thought it was a serious situation and one
of the reasons that some of these applications do not move
expeditiously or with the speed that they should in the City
of Boynton Beach. Mr. Blanchette was under the impression
that had changed.
Mr. Annunziato explained that the City Staff was acting under
a policy directed by the City Commission to review these
plans. Chairman Walshak remarked, "Under policy, not law."
As the Loca~l Planning Agency for the City of Boynton Beach,
Chairman Wa~shak thought these were the kind of things the
Board was mandated to do. He felt these were the kinds of
things the ~oard has to do to streamline the procedure and
get the reputation back that Boynton Beach is trying to get
back to help the applicants coming through this City.
Mr. Richter thought it would be a good way to speed things
up. The Board has seen people that wanted to put up a fence
or continue a section of their fence, and they had to go
through the whole process. It ha? taken them as muc~ as ten
weeks to get permission to do their fence. Mr. Richter
felt decisions like this could be made by the TRB.
Mr. Zimmerman stated it would be up to the City Commission
to change its policy. Chairman Walshak argued that it was
not up to the City Commission to change the policy. It was
the law of the City. There was discussion.
Mr. Zimmerman recalled that this Ordinance was in effect,
and several years after that, it was strictly adhered to.
As Mr. Annunziato just mentioned, the City Commission
recommended to the City Staff that they bring in the ones
that were not quite $100,000, but of some substantia~ value,
and the P&Z Board should look at those. Mr. Blanchette
commented that the City Commission was in error, because
they did not change the law.
As the Local Planning Agency, Chairman Walshak reiterated
that they should look at some of these things. He felt the
Board should recommend to the City Commission that they
amend or repeal this law.
Mrs. Huckle asked how the Board felt about the dollar amount.
She wondered if anyone had any thoughts on the dollar
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
figure that is already existing, according to the law that
is established. Chairman Walshak stated that he thinks the
law stands, and it would be up to the City Commision if they
want to repeal it. If they decide that they would like to
amend it, they can refer to the P&Z Board under Section 19.5
of the Ordinance, which tells the P&Z Board to recommend to
the City Commission any amendment that the Board sees fit.
Prior to processing plans like that, Mr. Annunziato said
there were instances, and there still will be instances
where a.minor dollar value change in a site plan chamges the
basis for approval in a large regard. For example, if
someone moved a driveway and it changed the configuration or
access. Those kinds of changes were brought back to the
Board because they changed the site and the basis for
approval of the site.
Chairman Walshak responded that this is the law. If those
situations occur, the law should be repealed or amended to
provide for those situations. Until they are, it was the
Board's responsibility to act according to the law.
Chairman Walshak asked if anyone in the audience wished to
speak. Simon Ryder began speaking about Boynton Plaza, and
he was informed that the Board was not discussing that.
Dee zibelli, 44. 00cea_n_Parkway, Boynton Beach, was o~ the
City commission when they made the motion to have everything
go before the City Commission. Little did they realize what
kind of a burden it was going to be. She thought there were
many advantages to leaving it "as is". It keeps the
Commission meetings shorter. It also makes the applicants
feel welcome, lnstead of fesllng they have to fight ~ty
Hall. Mrs. Zibelli felt they should allow the TRB the
responsibility. If the applicant and the TRB disagree, the
appeal can come to the P&Z Board. Chairman Walshak repeated
t~t it would have to be an amendmen.t to the Ordinance. Mrs.
Zibelli Loped they could go forward with this.
As no one else wished to address the subject, THE PUBLIC
HEARING WAS CLOSED.
Mr. Richter moved to recommend to the City Commission that
Sec. 19-23 of the Code be adhered to or, if the City
Commission does not want to proceed along those lines, that
they amend or repeal this particular Ordinance to take the
onus off the P&Z Board. Mr. Blanchette seconded the motion,
and the motion carried 7-0.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACh, FLORIDA APRIL 11, 1989
Mr. Annunziato wanted to make sure he had the motion correct,
because he wanted to report this to the City Commission.
Chairman Walshak asked the Recording Secretary to send a
verbatim of all of the discussion on these topics to the City
Commission for their meeting on Tuesday, April 18, 1989.
Mr. Annunziato said that then, he would not be forwarding an
agenda. Chairman Walshak replied Mr. Annunziato could
forward an agenda if he wanted to. Mr. Annunziato wanted to
understand e~actly what the motion was. Chairman Walshak
no~ed City Commissioners were in the audience~ and he was
sure they would pick the motion up off of the notes.
2. Height restrictions in Coastal Management Area
Chairman Walshak thought it was about time that the Board
suggested, as the Local Planning Agency, that this particu-
lar item be put on the ballot and voted on by the citizens
of Boynton Beach. In his estimation, it was imperative that
the height restrictions be taken off in the Coastal Manage-
ment area to stimulate development and growth. He thought
the Board should stand up and suggest to the City Commission
that this be put on the ballot as a referendum in the coming
election, which would be Mar. ch of 1990. Mr. Zimmerman
thought they kad already been discussing it at the City
Commission meetings. Chairman Walshak elaborated.
Mr. Lehnertz felt the Board would be overstepping its bounds
somewhat by making that type of recommendation. Chairman
Walshak stated that the Board would not be overstepping its
bounds, and he wanted to quote the Charter. After further
comments, Mr. Lehnertz commented that whether the City
Commission makes an arbitrary ruling or whatever, he thought
it should be up to the City ~ommission, as elected officials,
and not up to the Board.
Mr. Richter recalled that the present height restriction
was done through voter referendum. Therefore, he believed
it would have to be changed by voter referendum. He also
thought the Board was correct in its position, recommending
to the City Commission that they favor a change in the
height limitation by voter referendum. He saw nothing wrong
with that recommendation.
Mrs. Huckle felt they were all aware that the Coastal
Management area is more extensive than the CBD area. She
thought they should advise the audience what area they were
talking about. Chairman Walshak advised that the Coastal
Management area starts at Hypoluxo and runs to Delray Beach,
11
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
east of Federal Highway (U. S. 1). In other words, it is
the Intracoastal property.
Theoretically, if that were raised to 20 stories, Mr.
Lehnertz remarked that there could be a solid wall of
concrete from one end of the City to the other, running
north and south. Chairman Walshak answered that it was
possible. There were other comments.
Mr. Lehnertz suggested that the Board recommend to the City
Commission that they put that change of height limitation
in the Central Business District (CBD), as opposed to
Coastal Management.
After other comments by him and Chairman Walshak, Maurice
Rosenstock, 1 Villa Lane, said he felt the P&Z Board was
making a ~stake in its recommendation by not recommending a
height limitation. They were just having people vote on it,
but not saying what they would be voting on. He asked
whether it would be 20 feet, 80 feet, 100 feet, or 2 feet,
and he questioned whether the Board had an opinion. Mr.
Rosenstock thought the public should know how the P&Z Board
felt. Once the Board listens to the public audience, Chair-
man Walshak said they formulate their opinions.
Mr. Rosenstock asked if Chairman Walshak, personally, had
formulated any opinion. Chairman Walshak answered that he
would not until he listens to the Members o~ the Board.
Mr. Rosenstock asked if any of the Members had formulated an
opinion. Mr. Zimmerman had not. Chairman Walshak replied
that Mr. Rosenstock would hear the opinions of the MSmbers
when they finish public audience.
Mr. Richter inquired whether Mr. Rosenstock had a recommenda-
tion. Mr. Rosenstock felt that having no height limitation
whatsoever from Hypoluxo to Delray Beach would give ~he City
the same effect that you have on Collins Avenue in Miami.
He alluded to seeing it during World War II, when it was a
gorgeous beach. Today, you cannot even see the ocean when
you go down Collins Avenue.
Mr. Rosenstock thought the Board and the City Commission
should give that some consideration, have a height limitation
set at a fairly low height, keep it away from the coastal
area, and keep it in the CBD.
Mrs. Huckle asked what height Mr. Rosenstock would recommend.
Mr. Rosenstock replied that he would recommend a height of
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
60 or 70 feet (six or seven stories) within the CBD, but no
further than that. To put it along the entire Intracoastal
would be ridiculous.
John Corbett, 1301 North Congress Avenue, representing the
Greater Boynton Beach Chamber of Commerce, charged the Board
to take a pro-active position in terms of recommending to
the City Commission consideration of a change an the height
limitations. He, personally, suggested that this should be
considered in the context of the Comprehensive Planning
process currently underway in the City, and also the CRA.
The CRA has a workshop coming up Monday evening, April 17th.
Further action should be taken by the City Commission.
In terms of the Comprehensive Plan, as they look at raising
th~ height limitation, Mr. Corbett said what they really
need to be considering is the future population of this City
and the needs of the residents of this City, as they relate
to commercial usel Obviously, in the broad category of the
Coastal Management area, there would pOtentially be the
opportunity for hundreds of thousands of square feet of
commercial use, which may or may not be needed in
terms of market demand, based on future population.
As to what that height limitation could be, Mr. Corbett
understood that the voters of this Cit~ may, in fact, have a
propensity toward a specific height limitation. If they
would study other areas across the nation that have
considered this problem, Mr. Corbett thought they would find
there are other criteria other than strictly a height limi-
tation, such as the angle of light~ As an example, Mr.
Corbett referred to Waterview Towers condominium in West
Palm Beach, which is a big controversy~ They came in and
built so many stories, oriented horizontally towards the
Intracoastal, that they biockS'd the light and the view of
anyone west of them, so he said other criteria could be
be considered, as opposed to a strict height limitation.
Mr. Corbett again recommended that the Board take a pro-
active position. However, if they were going to hear this
tomorrow night, he recommended that they slow down a little
bit, in terms of the Comprehensive Planning process. Mr.
Corbett said he would be here again tomorrow evening to
suggest that they slow things down, the bottom line being
that they need to be consistent between the Comprehensive
Plan, the Community Redevelopment Plan, and whatever they
decide on the height limitations in either the Coastal
Management or the Central Business District.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
As no one else wished to speak, THE PUBLIC AUDIENCE WAS
CLOSED.
Mr. Richter felt they should not put a specific height
limitation on it. Be felt the Board should recommend in
the Comprehensive Plan, as they discussed in previous work-
shops, a mixed use zoning type situation which has limita-
tions, as they had discussed.
As Chairman Walshak understood it, the stimulation of the
downtown development probably is a three pronged problem.
(1) is definitely the height restrictions. (2) would be tbs
land use, and (3) would be the zoning. They are probably
going to address two of those with the creation of the MX
districting, if they create that districting, and a perform-
ance standard, as far as zoning is concerned, in the
discussed area. Chairman Walshak thought that three pronged
approach would solve a lot of the problems and bring develop-
ment into the heart land of the City.
Mr. Lehnertz agreed that was what was needed in the CBD, but
it is not needed between the CBD and Bypoluxo or down south,
along U. S. I, all the way down to Delray. There are a
number of very nice communities along U. S. 1, and he
certainly did not think they should be torn down and 20 to
40 story condominiums go in, which would block everybody's
view of the Intracoastal and the ocean.
Chairman Walshak asked where you have a view of the Intra-
coastal from Federal Highway (U. S. 1), in the Coastal
Management area, other than Shooter's. Mrs. Buckle replied
at Jaycee Park, on South Federal Highway, south of Sunwah
Restaurant. Boat Ramp Park was also mentioned. Chairman
Walshak commented that they are dedicated parks, and he
argued that nowhere else on Federal Highway can you see the
Intracoasta~.
When they talk about viewing the Intracoastal, Mr. Zimmerman
thought people living in that area should have an opportunity
to speak rather than people passing through town. There
was discussion.
Mr. Lehnertz wanted to make a motion. Mrs. Buckle questioned
whether Chairman Walshak meant the whole coastal area.
Chairman Walshak answered that he was talking about the
Coastal Management area. Mr. Blanchette said they were not
talking about heights at this time.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Chairman Walshak stated that the Board was suggesting that
it be put on the ballot. It should be up to the infinite
wisdom of the City Commission to determine how it will go on
the ballot. The Board's job was ~o recommend to the City
Commission problems with zoning and problems with land use.
Motion
Mr. Lehnertz moved that the Board send a recommendation to
~he City Commission that they put on the ballot at the next
general election a referendum to raise the height limit in
the Central Business District of Boynton Beach. Mrs. Huckle
seconded the motion.
Mr. Richter recommended that the entire Coastal Management
area be added to the motion. Mr. Lehnertz could not accept
that. Mrs. Huckle would not second it. Chairman Walshak
told Mr. Richter he could make his own motion.
A vote was taken on the motion by Mr. Lehnertz, and Chairman
Walshak announced that the motion failed 3-4. Mr. L~hnertz,
Mrs. Huckle and Mr. Zimmerman appeared to be the only ones
who voted in favor of the motion. Mrs. Huckle did not think
Mr. Richter voted. Mr. Rosenstock, in the audience, asked
if there could be a roll call vote on the motion.
Chairman Walshak requested that Pat Ramseyer, Recording
Secretary, take a roll call vote on the motion:
Vice Chairman Collins Nay
Mr. Lehnertz Aye
Mr. Richter Nay
Mr. Blanchette Nay
Chairman Walshak Nay
Mrs. Huckle Aye
Mr. Zimmeman Aye
The vote was 3-4. The motion failed.
Motion
Mr. Richter moved that the Board recommend to the City
Commission that the height restriction go to the March, 1990
voter referendum and include the entire Coastal Management
area. Mr. Blanchette seconded the motion.
Chairman Walshak repeated that it had been moved and
seconded that the Board recommend to the City Commission
15
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
that a referendum be put on the ballot for the March, 1990
election, suggesting that the height limits be removed from
the City's Ordinance in the Coastal Management area. Mr.
Blanchette seconded the motion.
Mr. Zimmerman commented that the sky would be the limit.
Chairman Walshak repeated prior statements and said it would
be up to the City commission.
A roll call vote on the motion was taken by Mrs. Ramseyer:
Mr. Lehnertz - Nay
Mr. Richter - Aye
Mr. Blanchette - Aye
Chairman Walshak - .Aye
Mrs. Huckle - Nay
Mr. Zimmeman - Nay
Vice Chair~tlan Collins - Aye
Motion carried 4-3.
6. Community Design Plan and Community Appearance Board
Chairman Walshak added this item to the agenda, as he thought
it needed some discussion. He asked Mr. Annunziato if the
City has a community design plan. Mr. Annunziato answered
that the City has design guidelines, which were adopted for
the CBD. The City has tentative design guidelines which
have not been adopted and which should be reviewed for
Boynton Beach Boulevard. Beyond that point, the City does
not have a municipal design plan.
Chairman Walshak was going through old Ordinances and came
across Section 19-42, which he said is specifically aimed
at the CAB. He read the Section and asked whether it had
been amended. Mr. Annunziato replied, "No, Sir." Chairman
Walshak suggested that the City Commissmon disband the CAB.
He stated that they were created by law to specifically
address the community design plan. What the CAB is doing
now is a duplication of effort. It is something that the
P&Z B~ard, through Statute, is empowered to do, and Chairman
Walshak thought it was another area where things should be
streamlined.
It sounded to Mr. Lehnertz like this had nothing to do with
the Planning and Zoning Board. To him, it sounded like a
a private citizen's complaint against the City Commission.
Mr. Lehnertz felt Chairman Walshak was wasting the Board's
16
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
time with this, and he suggested Chairman Walshak should
bring it before the City Commission as a private citizen.
Chairman Walshak was sorry Mr. Lehnertz felt that way, and
he repeated his prior statements.
Chairman Walshak said the P&Z Board is empowered to make
recommendations to the City Commission on P&Z matters,
and he told Mr. Lehnertz the CAB has been discussing things
like landscaping plans, ~hich the P&Z Board is empowered to
do. if the tAB o~ the City had a community design plan,
which they do not, the CAB would be empowered to sit and
help the City Commlssion in this respect, according to law,
but now~ all they are doing is duplicating the efforts of
this Board. Chairman Walshak emphasized that the CAB is
putting the citizens and applicants through unnecessary red
t'ape, and tha~ is a co~cern~of the P&Z Board. That was his
concern;as Chairman of the P&Z Board.
Mr. Lehnertz recalled numerous times when he brought up
different reservations he had with plans, that he was
repeatedly told by Chairman Walshak that was not the concern
of the P&Z Board. It was th~ concern of the CAB. Chairman
Walshak replied that was right, until he found out that was
not the case. Mr. Lehnertz suggested that maybe the P&Z
Board .should recommend that %~e CAB make a plan, according
to the City Cha~ter, as °Ppo~i~d to recommending that the
City Commission disband a Board that se~s to be doing a
good job.
After other comments, Chairman Walshak argued that if the
law says the CAB Ks set up, as he read, to do a specific
thing, then that was what they should be doing. If the P&Z
Board is empowered to do a specific thing, that is what it
should be doing. Chairman Walshak felt a close scrutiny of
the Ordinance would tell what the CAB is supposed to be
doing. The CAB is supposed to be helping wit~ the community
design plan. The City does not have a community design
plan, so they are duplicating what should be done by ~he
P&Z Board.
Mr. Zimmerman inquired whether Chairman Walshak thought
the P&Z Board had the time, etc. to do the work of the CAB
on 5op of what they already have. If they streamline the
procedures and adhere to the law, Chairman Walshak felt they
would have plenty of time. He pointed out that most of the
projects coming in, as far as landscaping and things of that
nature, are less than $100,000 bucks and will be handled in-
house by then. Chairman Walshak thought if they alleviate
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACh, FLORIDA APRIL 11, 1989
the P&Z Board of those pressures, the P&Z Board will have
plenty of time to adhere to the law and to the Charter.
Vice Chairman Collins did not think the P&Z Board was trying
to disband any%hing but was trying to help streamline the
process. From what he has been seeing and hearing, the
process is very cumbersome. People have to jump through too
many hoops in order to accomplish what they want to
accOmpliSh.
Mr. zimmerman thought a City this size that is growing needs
a CAB. Vice Chairman Collins had no qualms with that.
Chairman Walshak would have no problem with it eithert pro-
vided the Ordinance would be ~ended to give them specific
direction, rather a community design plant which the City
does not have°
Mr. Zimmerman understood what
do, but he did not agree with
repeated prior statements.
Chairman Walshak was trying
him. Chairman Walshak
to
Mr. Lehnertz asked why this was brought
Chairman Walshak thought he had already
once or twice.
into public hearing.
commented on that
Mr. Annunziato wondered what the focus of the discussion
was, and he questioned whether it was because there is not a
community design plan that the CAB cannot perform the
functions it is charged with. Chairman Walshak recommended
that the City Commission look at the Ordinance. As far as
he was concerned, anything the CAB has been doing, the P&Z
Board can do and is empowered to do. Mr. Annunziato
confirmed that was correct. Chairman Walshak responded,
"Then why have them (the CAB)?" Mr. Annunziato thought the
P&Z Board could do a lot of things the CAB does, but he
added that the focus is different.
Chairman Walshak alluded to the reason Motorola was before
the Board tonight and emphasized if that kind of thing was
removed from this process, the P&Z Board would have a lot of
time to do what is ls empowered to do. There were further
comments by M~. Lehnertz and Chairman Walshak.
Within the context of the Coder Mr. Annunziato thought the
CAB was charged with the responsibility for harmony and com-
patibility clauses in the Landscaping Code, specifically.
They are charged with reviewing the landscaping require-
ments. That did not mean that the P&Z Board could not do
18 -
MINUTES - PLANNING & ZONING BOARD
BOYMTON BEACH, FLORIDA
APRIL 11, 1989
those functions, but at this point and time, the CAB had
been charged with those functions, and there may be some
overlapping and duplications.
Mr. zimmerman thought this was a legal question, and he felt
they should refer it to the City Attorney. Chairman Walshak
replied that was a good idea, but he thought they should
refer it to the City Commission and let them refer it to
the City Attorney. There were further comments as to
whether the Board had access to the City Attorney.
Motion
Mr. Zimmerman moved that the Board refer this matter to the
City Attorney, seconded by Mr. Blanchette.
Mr. Lehnertz pointed out that this was a public hearing.
Chairman Walshak advised that the public hearing had sot
been closed. Mr. Annunziato interjected that, technically,
it was not a public hearing. Mrs. Huckle agreed. Chairman
Walshak stated that it was opened up to public hearing, and
the Board was going to continue on that vein.
As no one wished to address this issue, THE PUBLIC HEARING
WAS CLOSED. As Mr. Craig Livingston had raised his hand,
THE PUBLIC HEARING WAS AGAIN OPENED.
Craig Livingston, Architect, 118 S. E. 4th Street, moved
into the downtown because he liked the scale of the down-
town and thought there were some interesting buildings and
a lot of potential for the downtown.
Mr. Livingston wanted to paint the exterior of a building,
put some Victorian brackets on the outside of it, and address
the landscaping. He thought other people could see what can
happen with the downtown itself. Mr. Livingston called the
Building Department. He plans to paint the building a pale,
pastel yellow color, which he took from the Downtown Review
Board (DRB) colors. He went to the Building Department,
submitted a CAB application, and wrote a check for $50.
At that time, Mr. Livingston was told that the CAB was not
the total part of the application process. He had to submit
a $100 fee and an application form for site plan approval,
go to the TRB, and go from the TRB to the DRB, which is the
P&Z Board, and it would go to the CAB. Then it would go to
the City Commission, acting as the Community Redevelopment
Agency (CRA).
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
What Mr. Livingston wanted to do was put some Victorian
brackets on the outside of the building and paint it the
color that has already been approved. The brackets will
cost $120, but the application fees are $150, and it will
not get approved until June 5th. Mr. Livingston stated that
there had to be some way to streamline this. He reminded
everyone that he is a trained professional in what colors go
and how things should be. Painting the building will
probably cost $700, but paying $150 in fees to put $120
worth of brackets did not make any sense.
Mr. Blanchette commented that Mr. Livingston's story was
multiplied by dozens he personally knew of. That was why
Chairman Walshak said Sec. 19-23 had to be adhered to. Mr.
Livingston's project was under $100,000. It could be
handled at the TRB, and it could probably be handled at
their next meeting, if their ~chedule allows, which would
speed up the process considerably.
There were other comments. Mr. Lehnertz felt the whole
discussion was a waste of time. In view of the fact that
the whole discussion would not appear in the minutes, Mrs.
Huckle asked if there should be a motion. After further
comments, Chairman Walshak answered that a consensus that
they pass this along to the City Commission would be fine
with him. The City Commission could pass it along to the
City Attorney. Mr. ~immerman remarked that it was ultima-
tely the responsibility of the City Commission.
THE BOARD TOOK A BREAK AT 8:52 P. M. The meeting resumed at
9:03 P. M.
B. SITE PLANS
SITE PLAN MODIFICATION
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Boynton Plaza
Robert V. Romani
Nicholas Athans
North Congress Avenue at West Boynton
Beach Boulevard, southwest corner
That part of Tracts 1 and 2, lying South
of the South Right-of-Way of State Road
No. 804, and all of Tracts 31 and 32,
(LESS the S. 80' of said Tracts 31 and
32) of Palm Beach Farms Company Plat No.
8 of Sec. 30, Twp. 45 S., Range 43 E.,
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Description:
according to the Plat thereof on file in
the office of the Clerk of the Circuit
Court in and for Palm Beach County,
Florida, recorded in Plat Book 5, page
73.
Request for approval of an amended site
plan to allow for the addition of a
11,319 square foot office building
Mr. Golden said the square footage had been reduced from
just over 13,000 square feet. T~e area where the applicant
proposes to build is to the rear of Barnett Bank and north
of Congress Middle School. Although the site plan must
conform to the Landscape Code, Mr. Golden said it does not
have to conform to the parking lot regulations. A s~it was
filed against the City for requiring compliance with the
parking lot regulations, and the suit was ruled in favor of
the applicant.
Mr. Golden explained the change to the parking lot amd
said the building will have two stories. It will be pink
stucco with a red Spanish tile roof. The TRB recommended
approval, subject to Addendum C attached to the original
copy of these minutes in the Office of the City Clerk, and
to the following:
Engineering Department
1. Existing lighting system must be maintained in accordance
with Article X~ Boynton Beach Parking Lot Regulations.
Existing liqhting system is not fully functioning.
Repair and/or energize the system until fully operational.
Engineering Department sign-off for Certificate of
Occupancy will be based on full compliance with applicable
codes.
2. New catch basin shall be relocated into the grassed land-
scaped area in conformance with Article X, Sec. 5-141(n)
and Subdivision Regulationsr App. "C", Sec. 5B.
Utilities Department
1. Provide details, including detailed locations, for the
water and sewer services. The water service line shall
be of type K copper, with the meter lying in a landscaped
area.
2. Reduced pressure back flow preventers are required on
water services. Dual units are recommended to avoid
service interruptions during testing.
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MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Police Department
"Place doors at both ends of the walkway where the elevators
are, with occupants only having access after normal working
hours."
Public Works Department
"Dumpster enclosures to be shown on plans for entire Plaza."
Planning Department
Ail dumpsters are to be placed on a concrete slab and
screened on three sides with a 6 foot high concrete block
wall. A typical detail should be provided for the
dumpster enclosure, and the location of all enclosures
should be shown on the site plan, and the pick up route
coordinated with the Public Works Director.
Ail right-of-way required to be dedicated to Palm Beach
County in accordance with the Palm Beach County Thorough-
fare Right-of-Way Protection Map for Congress Avenue and
Boynton Beach Boulevard (that has already not been taken)
is required to be dedicated within 45 days of site plan
approval.
Mrs. Huckle drew attention to the 2nd comment in the memo
from the Building Department (Addendum C) and asked if the
South Florida Water Managemenb's approval was required. Mr.
Golden answered that the applicant has to add a storm dra~n,
and he explained. Mr. Annunziato added that the fact the
applicant is adding more impervious area may also have some-
thing to do with the need for modifying it.
Robert V. Romani, 316 First Street, West Palm Beach, FL
33402, introduced Richard Wending, Project Architect,
Pecht-Wensing Architects and Planners, 1280 North Congress
Avenue, West Palm Beach, FL. Mr. Romani discussed the
staff comments with Mr. Wensing prior to the meeting, and
said he was in agreement with all of the comments.
Mr. Annunziato read the following comments from Mr. Jose'
Aguilaw former Member of the P&Z Board:
a. "Distance between building and traffic area on South,
West and North sides of the building are unsafe. The
distance between the building and traffic areas should
not be less than five feet. The potential for a
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
pedestrian to be hit by a vehicle is great and, there-
fore, more landscape area for pedestrian protection
buffer should be added.
The southwest corner of the building does not allow for
visibility for westbound traffic on access road and,
thus, a potential for on site traffic accidents exists.
I believe that th~ same concerns which apply at curb cuts
(the triangle of visibility) should be implemented here
to avoid injury."
Chairman Watshak asked if there was an~ basis for this in
the Code. In this instance, Mr. Annunziato said tbs City
does not have a specific which applies to buildings. For a
curb cut exiting a parking lot, the answer was, "Yes." ~e
informed Mr. Blanchette that the stop sign is currently at
the intersection. Mr. Blanchette stated that you could stop
there and not see anything until you pull out further. Mr.
Annunziato thought that was what Mr. Aguila was saying.
Also, for westbound traffic, you could not see around the
building Until you are beyond the visibility of the
building. Vice Chairman Blanchette thought the only safety
factor would be to put a stQp sign in the westbound lane.
Mr. Annunziato continued rea~ing, as follows.
"The entry to suites 104 and 204 (southeast most) is
secluded, and a security problem potential exists. This
Ks also the case with the elevator door location. The
potential for robbery and/or assault is great here
because it is out of the line of sight of other
pedestrians."
Chairman Walshak again asked if there was any basis in Code
for this. Mr. Golden had found that the Police Department
had made this same comment. Chairman Walshak noted that the
TRB had recommended approval of the request.
d. "New building materials, texture and color should match as
close as possible to the existing shopping center.
Ail site landscaping should be brought to current code
standards and any landscaping which is existing, ghat
does not meet city standards must be replaced.
Ail new sod to be St. Augustine, Floratam sod,
areas to have 100% fully automatic irrigation
with 50% overlap.
and all
sprinklers,
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
g. IS the landscaping which is being proposed for under the
stairs going to survive this location over time?
h. Ail trash and debris along the southwest portion of the
site must be picked up and hauled away."
Chairman Walshak asked if these questions were posed at the
TRB meeting. Mr. Golden replied that some of the visibility
and security issues were raised by the Police Department.
For the most part, those were the only issues addressed.
The other issues were Code oriented.
Mr. Lehnertz had several strong reservations. The building
design did not appear to be compatible with the existing
shopping center in terms of style. There is almost zero
room all around it in terms of landscaping. 2½ feet were on
one side, and Mr. Lehnertz thought 3 or 3½ feet were on the
other side. He commented that you could not plant anything
along there and expect it to grow for any period of ~ime.
Mr. Lehnertz was very concerned about the elevator layout
and design, and he pointed out that someone there after hours
could be subject to attack without anyone outside being able
to see them. The strongest problem Mr. Lehnertz had with
this was that the southwest corner totally negates visi-
bility. That intersection is a well travelled intersection.
Even if there would be a three way stop, Mr. Lehnertz did
not believe that would prevent accidents from happening
there. Because the City does not have a Code that s~ates
specifically that yom should have visibility, he did not
think they should not promote visibility.
Vice Chairman Blanchette commented that this building is in
style with the Spanish style in the shopping center, and he
explained. Also, a three way stop is the only way you can
do it. Mr. Lehnertz responded that they could take out a
corner of the building. There were other comments.
Mr. Wensing wished to address some of the items before a
motion was made. Chairman Walshak thought they were finished
with this. Mr. Wensing informed him that he was the
Architect and not the public. Chairman Walshak reminded
him that the Board had no other questions from the applicant.
Mr. Wensing stated that 90% of all of the comments being
made were in the staff comments, and the applicant had
accepted the staff comments. ~e asked why the Board should
rehash them. Chairman Walshak replied that it was the
Board's prerogative to rehash them.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACh, FLORIDA APRIL 11, 1989
Mr. Wensing stated that he heard an hour's discussion on
streamlining. From an Architect's standpoint, he dia not
think the~city was streamlined, Chairman Walshak asked for
a motion.
Vice Cha!irman Blanchette moved, seconded by Mr.
approve the request, subject to staff comments.
the ~equest of ~Chairman Walshak, ~s. Ramseyer,
secretarY, took a roll call On the motion:
Richter, to
PurSUant to
RecOrding
Mr. Richter - Aye
Mr. Blanchette - Aye
Chairman WalShak - Aye
Mrs. Huckle - Nay
Mr. ~immeman - No
Vice ~hairman Collins - Aye
Mr. Lehnertz - Nay
Motion carried 4-3.
Simon Ryder, former Chairman of the Board, wished to!speak
and was told by Chairman Walshak that it was not a public
hearing. Chairman Walshak was not going to set a precedent
by bringing people up when it was not a public hearing.
Mr. Ryder !stated that he sat on the Board for many years.
If anyone had anything to say, they were permitted to say
it. Chairman Walshak repeated that it was not a public
hearing.
NEW BUSINESS
A. SITE PLANS
NEW SITE PLANS
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
North District Park
Oscar Vagi & Associates,
Project Architects
City of Boynton Beach
North Seacrest Boulevard at Boynton
Parkway, northwest cor-ner
See "Addendum D" attached to the original
copy of these minutes in the Office of
the City Clerk.
Request for site plan approval to
construct a 23 acre park, including a
25 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
19,892 square foot multi-purpose build-
lng and related outdoor recreation
facilities
Miss Heyden said 20 acres of the 23 acres was deeded to the
City to satisfy the recreation and dedication requirements
for Congress Lakes PUD. The other three acres is the
existing Rolling Green Park, which is to be renovated.
Phase I of the new park will include a multi-purpose building
including a gymnasium, scrub preservation areas, three ball-
fields, a Picnic shelter, and park facility. Phase II will
include future courts and an expansion and addition to the
community center. Photographs of the surrounding areas were
circulated among the Board Members.
The TRB recommended approval, subject to staff comments
attached to the original copy of these minutes in the Office
of the Circuit Court as Addenda E-i through E-3 inclusive,
and to the following:
Utilities Department
1. Clarify the number and size of meters to be used on site.
2. A reduced pressure back flow preventer is required in
the irrigation line from the potable water system to
prevent a cross connection with the non-potable system.
3. A double check valve assembly is required on the fire
sprinkler line.
4. Locate. the domestic meter off of the 8" main near the
building.
Public Works Department
Dumpster enclosed to be angled more to provide direct
approach.
Police Department
Change wall design at exit door to mechanical area to
eliminate the corner by the door.
Forester/Horticulturist
1. The parking area should be visually screened from both
Seacrest Boulevard and NW 19th Avenue. This can be
accomplished by replacing the Wedelia Triloba in these
areas with a 18-24" native hedge or transplanted scrub
vegetation.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
2. The Oak trees in the interior parking lot areas must have
a clean trunk of 6' at time of planting.
Oscar Vagi, Architect, Oscar Va~i & Associates Architects,
Inc., 2929 East Commercial Boulevard, Suite 600, Fort
Lauderdale, FL 33308, told Mr. Blanchette the building is
gray stucco in two tones. The metal roofs are copper. He
was in agreement with all of the staff comments.
Mrs. Huckle moved to approve the request, subject to staff
comments. Mr. Zimmerraan seconded the motion, and the motion
carried 7-0.
SITE PLAN MODIFICATIONS
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Beach Mall - Sears Addition
Cormac Conahan, Esq.
Boynton-JCP Assoc., Ltd.
Lake Worth Drainage Dist.
801 North Congress Avenue
North Congress Avenue at 01d Boymton
Road, northwest corner
Request for an amended site plan to
allow for the addition of a 134,526
square foot department store and a
change in parking lot layout and design
Mr. Golden said this request was submitted in connection
with the Development oft Regional Impact (DRI) application.
There were three aspects to the application: the DRI, which
included a land use amendment and zoning request, and an
application for site plan approval. Public hearings are
scheduled on the rezonings and DRI in May. The applicant
requested a month's prior review on the site plan to allow
him time to resolve them prior to the public hearing~, if
any problems occurred.
Mr. Golden said the store is proposed to be constructed on
the west side of the Mall, across from Macy's. The store
will include an automotive repair store and a garden shop.
It will be two stories high with a maximum height of 40 feet.
The square footage has been reduced from 136,439 square feet.
Mr. Golden showed where the parking would be and said the
open culvert will be culverted to provide the additional
parking.
Mr. Golden indicated the preserve area that will remain in-
tact. A management plan will be required for the continual
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
maintenance and preservation of the area. T~e area will be
placed in a recreational land use and zoning category for
further protection.
Mr. Golden continued by saying the building will have glass
entrances and steel frames. It will have off white and
purple walls and yellow neon accent lighting.
The TRB recommended approval, subject to staff comments
attached to the original copy of these minutes in the Office
of the City Clerk as Addenda F-1 through F-4 inclusive, and
to the following comments:
Public Works Department
Contact Public Works Department to ensure compatability
between the compactor to be installed and City equipment
used to service same.
Forester/Horticulturist
1. The applicant must submit a tree management and landscape
plan for the Slash Pine area.
2. A hedge (18-24" in height) must be installed along the
north property line adjacent to the parking area.
Mr. Lehnertz referred to the recreation area and asked how
much would be removed and how much would be left. With
reference to the preserve area, Mr. Annunziato answered that
about 1/3rd was not preserved. It was flat land that was
cleared in connection with the dredging of the canal. Of
the total area that was west of the canal, about 60%, more
or less, will remain. Approximately 2/3rds of the 40% which
was removed Ks currently not flat land. Mr. Lehnertz asked
whether the piece that was left was a viable piece in terms
of shape and size. Mr. Annunziato thought that was something
that would be continually debated. The issue was the condi-
tion it currently Ks in, but he did not have the answers to
those questions. The Regional Planning Council had not
completed its review. Mr. Annunziato elaborated.
Mr. Lehnertz alluded to the original application, where the
applicant was required to provide a parking garage, as
opposed to taking away some of this recreation site. He
asked if the City could not still require the applicant to
submit a tree management plan, as noted in ~the Forester's
comments. AsilHng as the applicant goes forward, Mr.
Annunziato stated that the applicant is subject to all kinds
of r~commended conditions. He explained.
- 28 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Mr. Zimmerman noted a remark was made that the open drain-
age canal or ditch is to be culverted and covered. He asked
if that would connect the elongated part on the south end
with the Boynton Canal. Mr. Annunziato answered affirma-
tively. Mr. Golden again indicated the parking areas, and
Mr. Annunziato explained the parking requirements.
~ormac Conahan, Attorney at Law, Hodgson, Russ, Andrews,
Woods &.Goodyear, 2000 Glades Road, Suite 400, Boca Raton,
FL 33431, s~id Jerry Williams and Dick Greco from the
Edward J. DeBartolo Corp., Youngstown, Ohio, were in the
audience. A number of Consultants were also in the
a~dience.
Attorney~Conahan expounded on what a wonderful addition the
Mall has been to Boynton Beach, Sears, and the plan.
Chairman Walshak asked if he was familiar with the staff
comments. Attorney Conahan replied that they reviewed all
of them but he wanted Mr. Annunziato to clarify item 4 in
his memorandum, as he felt there was an inconsistency.
A~torney.Conahan stated that they could comply with the
memorand~ from the Engineering Department, but he was not
sure how~it tied into Mr. Annunziato's comment. With that
one ctar~fication, they would agree with all of the com-
ments.
Mr. Blanchette recalled that a question was brought up
before about the size of that area and whether trees were to
be in it. He was advised that the strip is 136 feet wide.
Mr. Blanchette felt that should sustain a group of trees.
As part of this process, Attorney Conahan said they will go
through Treasure Coast, and they will be back before the P&Z
Board next month.
Mr. Lehnertz referred to Attorney Conahan's reference to
item 4 in Mr. Annunziato's memo, and he inquired where the
discrepancy was. Mr. Annunziato did not see any incon-
sistency, and he explained that the Engineering Department
is the expert in how to do those things. That Department's
memo was more specific in its requirements than his memo was.
Attorney Conahan said they would follow and comply with the
Engineering Department's memo.
After discussion about the number of square feet,
advised that the motion should be consistent with
advertised.
Mr. Golden
what was
Mr. Richter moved to approve the request for an amended
site plan to allow for the addition of a 134,526 square foot
- 29
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
department store and a change in parking lot layout and
design, subject to staff comments. Mr. Blanchette seconded
the motion, and the motion carried 6-1. Mr. Lehnertz voted
against the motion.
A woman in the audience asked if the Board would take public
comments. Chairman Walshak informed her that the Board was
not taking public comments, but the project would be back
before the Board next month.
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Boynton Lakes Plat No. 1
Donald E. Elliot, Lennar Homes, Inc.
Boynton Lakes Plat No. 1
Homeowner's AssociatiQn
East side of North Congress Avenue,
south of Hypoloxo Road
Boynton Lakes Plat No. 1 (P.U.D.), Plat
Book 40, Pages 127-130, Palm Beach
County, FL (Being within Tract G of said
Plat)
Request for approval of an amended site
plan to allow for construction of a
central mail facility and an optional
elevation change for the rear of the
model 9121 units
Miss 5eyden showed where the mail facility would be located
and said the parking lot is being brought up to Code with
this request. A sheltered mail box area will be constructed
along with a storage building. The new structures will be
beige with brown trim, which are identical colors to the
units. The TRB recommended approval of the request, subject
to Addendum G attached to the original copy of these minutes
in the Office of the City Clerk and to the following comments:
~n~ineering Department
1. Provide a parking lot lighting plan that is consistent
with the requirements of Article X, Boynton Beach Parking
Lot Regulations Sec. 5-141 (n) Lighting Standards
(inclusive).
2. Provide a standard "Do Not Enter" sign at the north
ingress approach in conformance with the requirements of
Article X, Sec. 5-142 (c) Traffic Control.
- 30
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Police Department
One way sign at entrance on Finsbury Lane.
Mr. Blanchette noted that the cost shown on the application
was $13,000, which is less than $100,000. Mr. Annunziato
advised that in Planned Unit Developments (PUDs), there is a
requirement that all structures must go through this approval
process.
Donald E. Elliott, Agent, 15127 Carter Road, Delray Beach,
FL 33446, agreed with the staff comments.
Mr. Lehnertz moved~ seconded by Mrs. Buckle, to approve the
request, subject to staff comments. Motion carried 7-0.
4. Project Name:
Agent:
Owner:
Location:
Description:
Mr. Golden said the
Bourque & Dawsey Medical Office ~uilding
Alvar~ Vera
Blair Construction Company
Bou~que & Dawsey, M.D.~ P.A~
South Seacrest Boulevard at S. E. 27th
Avenue, northeast corner
Request for approval of an elevation
change to allow for the addition of a
door
TRB recommended approval as submitted.
Alvaro Vera, Blair Construction Co., Inc., 238 S. E. 2nd
Avenue, Delray Beach, FL, appeared to represent the
applicant. The Members had no questions of Mr. Vera.
Mrs. Huckle moved to approve the request, seconded by
Mr. Zimmerman. Motion carried 7-0.
Project Name:
Agent:
Owner:
Location:
Description:
Golfview Harbour Clubhouse
None
Golfview Harbour Homeowner's Association
S. W. 27th Avenue at S. W. 14th Street,
northwest corner
Request for approval of an amended site
plan to allow for the addition of a
service driveway
Miss Heyden showed where the driveway would be located and
said it was separate from the existing parking lot. It
would be accessed from S. W. 27th Avenue. A hedge is also
proposed on the west side. The TRB recommended approval of
the request, subject to the following staff comments:
- 31
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Engineering Department
Provide spot elevations along driveway areas. Article X,
Boynton Beach Parking Lot Reg's., Sec. 5-144 (m).
Indicate the type of base material that will be utilized
for construction of the driveway, along with applicable
compaction specifications. Sec. 5-142 (g) and Sec. 5-141
(n) Construction Standards.
Utilities Department
Water meter not permitted in driveway.
Planning Department
Dimension distance from driveway to western property line.
Forester/Horticulturist
The driveway should have a hedge planted on both sides to
visually screen it from the road. The species of hedge used
should be noted on the plan.
Wayne Martens, President, Golfview Harbour Homeowner's
Association, 2775 S. W. 14th Street, came forward and was
asked by Mrs. Huckle if he agreed with the staff comments.
He disagreed with the comments from the City Forester and
said he would take them up with the CAB. Mr. Martens stated
that he asked Mr. Hallahan, City Forester, for several names
of low maintenance hedges. Mr. Zimmerman asked if any
shrubbery was there now. Mr. Martens answered that it is
now sand. It is a driveway that was
was paved, and they just want to get
Mr. Lehnertz moved,
request, subject to
6. Projec% Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
seconded by Mrs.
staff comments.
proposed, but iQ never
it paved.
Huckle to approve the
Motion carried 7-0.
Homing Inn
Raymond M. Rood
Richard Grimes
Hometels of America, Inc.
South Federal Highway a~ S.
Circle, southwest corner
E. 28th
See Addendum H attached to the original
copy of these minutes in the Office of
the City Clerk
Request for approval of an amended site
32
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
plan to allow for changes in site lay-
out and design and elevation changes to
previously approved structures
Mr. Golden told the Members the project is currently under
construction. The original site plan was approved in April,
1988 and subsequent elevation changes were approved in June,
1988. This request would include the following: (1) Raising
an existing structure in the central portion of the site and
constructing a new arrangement of buildings. This will
increase the total unit count by five (from 109 to 114).
(2) The addition of a driveway on S. E. 28th Circle. The
purpose of the driveway is to increase accessibility for the
City's front end loader and for ~arbage collection purposes.
(3) A minor change to previously approved elevations, which
result an internal floor plan changes.
The City did not receive an elevation for the previously
approved buildings that are proposed to be changed. Mr.
Golden reported that the applicant sa~d he would get that in
prior to the CAB meeting. The applicant also did not sign
the application until after the ~endas went out.
The TRB recommended approval, subject to staff comments
attached to the original copy of these minutes in the Office
of the City Clerk as Addenda I-1 through I-3 inclusive, and
to the following:
Police Department
1. Align exit at S. E. 28th Avenue with median cut.
2. Parking lot lighting to be photocell activated.
3. Through lane south of Building F to be changed to one way
westbound.
4. Need to review building mounted lighting details on west
side of project.
P_lanning Department
The proposed driveway connection to S. E. 28th Circle should
have a proper alignment with the existing median openlng and
the driveway on the north side which serves Atrium Plaza.
R~ymond M. Rood, B29 S. E. 9th Street, Deerfield Beach, FL
33441, appeared before the Board. Mr. Lehnertz drew atten-
tion to the 3rd comment in the memo from the City Forester
and asked if Mr. Rood agreed to not use Ficus. Mr. Rood
agreed with all of the staff comments.
- 33
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Mr. Annunziato read from the notes of Jose' Aguila, former
Member of the Board:
"The first parking island on the west side of the entry
along $. E. 28th Circle does not meet the minimum of 5 feet
required for landscape islands at the end of the parking
stall. This space does not allow for a full landscape
island. Therefore, it should be deleted."
Mr. Annunziato suggested that the parking stall remain.
Chairman Walshak interrupted Mr. Annunziato to tell him he
did not have to answer the comments by Mr. Aguila. All he
had to do was read them. The Board was affording Mr. Aguila
the opportunity of voicing his opinion, as they would any
Member of the Board.
Mr. Lehnertz asked if there is a Code that talks about a
radius like that. Mr. Annunziato answered that S. E. 28th
Circle is not a full dimensioned right-of-way so you would
not be able to get the radius you would like. Mr. Golden
referred to the comment from the Planning Department. There
were other comments. Chairman Walshak noted the applicant
was in agreement with the staff comments.
Mr. Richter moved~ seconded by Mrs. Huckle, to approve the
request, subject to staff comments. Motion carried 7-0.
Project Name:
Agent:
~wner:
Location:
Legal
Description:
Description:
Motorola
Heery Architects & Engineers, Inc.
Motorola, Inc.
North Congress Avenue at N. W. 22nd
Avenue, southeast corner
See Addendum J attached to the original
copy of these m~nutes in the Office of
the City Clerk
Request for approval of an elevation
change to allow for the addition of a
door
Miss Heyden pointed out the location of the door and said
the door would be glass to match the existing window wall
material. The TRB recommended approval aS presented.
Joe Sperlazza, 6634 N. W. 48th, Coral Springs, was present
to represent the applicant.
Mrs. Huckle moved, seconded by Mr. Blanchette, to approve
the request. Motion carried 7-0.
- 34 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
8. Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Publix Distribution Center
Quantum Park
Brenda H. Arnold, Kilday & Associates
Publix Supermarkets, Inc.
West'of Interstate 95, between Miner
Road extended and the Boynton (C-16)
Canal
See Addendum K attached to the original
copy of these minutes in the offic~ of
the City Clerk
Request for approval of an amended site
plan to allow for the relocation and
redesign of a previously approved free
standing sign
Miss Heyden said the previously approved sign did not
meet the new Sign Code or the Quantum sign program. The
applicant wishes to comply with the new Sign Code and
Quantum's sign program. Miss Heyden explained. She said
the applicant was requesting approval to deviate from the
Quantum Park sign program, which shows white letters on a
blue/green aluminum sign face with a size of 28½ square feet
and a height of 3½ feet above the ground. The sign
requested by Publix is 18.375 square feet in size, and 5'9"
above the ground. Publix proposes green letters on a beige
backgroundt which is on a stone pedestal.
The applicant's justification for the deviation was that
Quantum's architectural theme for the park was a heavy stone
treatment on the building and decorative stone buffe~ walls.
The typical sign is not compatible with Publix's existing
building, and Publix had already ordered the materials f~r
their sign pedestal.
The TRB recommended approval of the new sign location, which
is 15 feet from the right-of-way, as opposed to the Original
30 feet. The TRB recommended approval of the request, sub-
ject to staff comment attached to the original copy df these
minutes in the Office of the City Clerk as Addendum A, and
to the following comments:
Building Department
As submitted~ the proposed sign does not comply with the
approved sign program for Quantum Park.
35
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
Police Department
". .requesting the following:
1. Due to limited visibility, no vegetation be planted on
top of the south end of the stone base.
2. Sign be raised to allow visibility between the bottom of
the sign and the stone base for both passenger vehicles
and trucks."
Mr. Annunziato informed the Members that a sign similar was
approved prior to the City's Sign Code. The original design
scheme for Quantum Park changed to reflect signs as shown on
a plan displayed so everyone could see it. Publix had
already committed themselves to a sign which was displayed
on another plan. Mr. Annunziato understood Quantum's posi-
tion was that they would like to see this sign considered to
be an addition to their overall sign program to accommodate
Pullix. He thought that was the only way it could be dealt
with at this time~
Mr. Lehnertz asked if the proposed sign was consistent with
the new Sign Ordinance. Miss Heyden answered that it was.
Brenda Arnold, Kilday & Associates, 1551 Forum Place, Bldg.
100-A. West Palm Beach, FL 33401, said that when the appli-
cant first decided to buy into Quantum Park, they met with
Deutsch-Ireland, who set up the design guidelines on what
their architecture and perimeters would look like. At some
point and ~ime, the design guidelines for the park changed.
Publix did not realize that a new sign program had been
submitted until approximately three or four months ago.
MS. Arnold pointed out that the new sign is a lower ~cale
sign than what was originally approved. She stated %hat
Publix has three serpentine walls with the same stone added
onto it. The stone is on site to build the monuments for
the sign, as well as the letters. Ms. Arnold requested that
the sign match Publix's building. She had a letter ~rom
George Zimmerman, which said Quantum would like to see
Publix get the sign.
Chairman Walshak asked if Publix was taking care of ~he
trees in the entrance. Ms. Arnold answered that the trees
which align the bike path were installed by Quantum. She
believed they would be maintained by the Association, of
which Publix is a member. Chairman Walshak asked if Publix
was maintaining the ones on the right and left sides as you
come in. Ms. Arnold replied, "Exactly." Chairman Walshak
commented that they are being well maintainedt but the rest
look like they are not cared for.
- 36
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
MS. Arnold referred to the comments from the Building and the
Planning Departments and said they referred to the fact that
the applicant was to meet Quantum's sign program. She hoped
to resolve that. Ms. Arnold recalled that Lt. Hammack of
the Police Department made a commeat after the TRB meeting.
She referred to the first comment in his memo and said she
did not have a chance to talk to Lt. Hammack. Ms. Arnold
said it is just an ornamental grass called variety, which
gets six inches high, so she did not think it would be a
problem. With reference to Lt. Hammack's 2nd comment, she
said the bike path was later changed to the south part of
their property. They are now bringing their sign up to
their property line, so there will be 15 feet of clearance.
Mr. Ann~n~iato did not think it would be a problem.
As the Police Department's comments were not brought up
until after the TRB meeting, Chairman Walshak did not see
how there could be any problem if they were eliminated from
the staff comments.
Mr. Lehnertz moved to approve the request, subject to staff
comments with the exception of the comments from the Police
Department. Vice Chairman Collins seconded the motion, and
the motion carried 7-0.
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Showtime
George Davis
Boynton Michael Corp.
West side of North Federal Highway,
south of the Boynton (C-16) Canal
See Addendum M attached to the original
copy of these minutes in the Office of
the City Clerk
Request for approval of a~ amended site
plan to allow for the addltion of a free-
standing sign
Miss Heyden said the original sign did not meet the Sign
Code. She showed the plan the applicant submitted which met
the Code and said the sign would have bold blue letters on a
white background. After discussion, Miss Heyden informed
the Members that the amended plan was submitted after the
TRB met. As it met the Sign Code requirements, Mr.
Annunziato recommended approval, subject to the following
staff comments:
- 37
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
The definition of a freestanding sign contained within the
Boynton Beach Sign Ordinance limits the copy of the proposed
sign to that which would identify only the project title.
Planning Department
1. Plans submitted for site plan approval require location
and dimensions of all signs. Appendix A, Sec. li.A.10.
Indicate setback of freestanding sign from front property
line.
2. The business name is the only wording that is permitted
to~ be advertised on the freestanding s~gn. Chapter 21,
See. 21-3. (freestanding sign).
3. Signs containing intermittent or flashing lights are
prohibited. Chapter 21, Sec. 21-13.e.
Michael DeLuc~, 1115 North Federal Highway, Boynton Beach,
FL 33435, was present.
Mrs. Huckle asked Mr. Annunziato if he was still considering
that the sign was in conformance with the 2nd comment in his
memo. Mr. Annunziato answered affirmatively and explained.
Mr. Richter moved to approve the request, subject to staff
comments. Mr. Lehnertz seconded the motion, and the motion
carried 7-0.
B. COMMENTS BY MEMBERS
Code Enforcement
Publix at Woolbright Road and U. S. 1
Mr. Lehnertz called attention to Wax Myrtle bushes and
Pigeon Plum trees that are dying because of lack of water.
He elaborated. Mr. Annunziato informed him that Publix is
under Code Enforcement action. He thought they had been
cited two times.
General Contractor's Building on
South Seacrest Boulevard
Mr. Blanchette noticed today that the hedges on this property
are dying.
Fish Market on Boynton Beach Boulevard
Mr. Blanchette observed that this property had been paved,
and it did not come before the P&Z Board. Mr. Annunziato
38 -
MINUTES PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA APRIL 11, 1989
stated that the City chopped up the swale section and put in
a turn lane six months ago. The fish market paved over the
City's swale.
Recognition of People in the Audience and
Members of the Board
Mr. Lehnertz saw no reason why this should not be done and
thought it should be reinstated in the Board's agendas.
Chairman Walshak responded that the majority of folks attend-
ing the meetings are City Officials or Board Members.
Everyone knows who they are. so he did not feel it was
necessary. Mr. Blanchette did not agree with it, because it
· s easy to slight someone. Chairman Walshak agreed and
epeated prior statements. Mrs. Huckle felt anyone on the
City Commisslon and the City Manager Should be introduced.
She also felt the Board Members should be introduced. Mr.
Richter and Mr. Lehnertz agreed with Mrs. Huckle.
After further discussion, it was decided another motion
could be made, and it would supersede the motion made at
prior meeting.
Mrs. Huckle moved that at future P&Z Board meetings, the
Board introduce under item 2 of the agenda sitting City
Commissioners and Board Members of the P&Z Board.
Mr. Richter seconded the motion. The motion carried 6-1.
Mr. Blanchette voted against the motion and explained why he
was against it.
Landscape Code
Mr. Annunziato read the following from Mr. Aguila's notes:
"I would like to propose that we look at the Landscape Code
and propose the following: When providing green area along
the interior of tbs site, instead of using area times
number of parking spaces, use a percentage of total paved
area. This would prevent the possibility of these "seas of
asphalt" which we see in many commercial projects, such as
Homing Inn tonight. Also, there would be more area for drain-
age. Some consideration could be made, such as allo~ing up
to 35% to 50% Of the required interior landscape to be
provided along the perimeter above and beyond what would
normally be required."
- 39 -
MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
APRIL 11, 1989
ADJOURNMENT
There being no further business to come
the meeting properly adjourned at 10:25
before the Board,
P.M.
40 -
MEMORANDUM
TO:
FROM:
RE:
15 February 1989
CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
Gulf Oil Service Station-
Conditional Us~ Application
Alan J. Ciklin, agent for the Gulf Products Division of
allow for retail gasoline sales on a .531 acre site at the
northeast corner of Woolbright. Road and
~ ~ zoned C-2, Neighborhood andit
is Gulf ~ '
station anda vacant which was my a
deli. The property ~ frontage t Road
subject to conditional use
if the property has
road.
collector
arterial adjacent to the
Surroundin¢
zoned R-2
To ~
zoned
to t
ling
~t, and two
Residential.
' zoned R-lA. To the
with ad rive-thru facility
the subject parcel
Across
treatment
To the southwest, across the
the
zoned C-2.
The applicant is proposing
former deli
to construct a convenience store with sales.
Access would be provided to Woolbright.Road by a 35 foot wide
ADDENDUM A
Page 2
driveway located approximabely 133 feet from the intersecting
right-of-way lines with South Seacrest Boulevard. Access would
be provided onto South Seaorest Boulevard bya 32 foot wide
driveway located approximately 101 feet from the intersecting
right-of-way lines with Woolbright Road. Both driveways are
located within 180 feet Of the intersecting right-of-way lines
parking lot variance. The convenience
store
fuel pump
store .and one fuel
convenience store.
center of the parcel with two
the west side of the convenience
pump island located on the east side of the
prov!ded on the east side of the
store, with the zoning regulations. The
where a commercial district abuts a
a
The
plan along the north
code
in
the site
~: Section 11.2.D of the
which
~ uses required to conform. Following each of
these standards evaluation of the
as to whether it =omply with the particular
The Planning and Zoning Board and City Commission shall consider
only such conditional uses as are authorized under the terms of
these zoning regulations, and, in connection therewith, may grant
ondltlo~al uses absolutely or conditioned upon the ~aithful
adherence to and of fulfiliment of such restrictions and
conditions including, but not limited to, the dedication of
property for streets, alleys, and recreation space, and
sidewalks, as shall be necessary for the protection of the
surrounding area and the citizens' general welfare, or deny
conditional uses when not in harmony with the intent and purpose
of this section. In evaluating an application for conditional
use, the Board and Commission shall consider the effect of the
proposed use on the general health, safety, and welfare of the
community, and make written findings certifying that satisfactory
prov%SiOn has been made concerning the following standards, where
applicable:
1. Ingress and egress to the subject property and proposed
structures thereon, with particular reference to automobile and
pedestrian safety and convenience, traffic ftowand control, and
access in case of fire or catastrophe.
Proposed access would be provided by a driveway onto Woolbright
Road and a driveway onto South Seacrest Boulevard. The driveway
onto Woolbright Road is 35 feet wide and the driveway onto South
Seacrest Boulevard is 32 feet wide. Both driveways lie within
180 feet of intersecting rights-of-way lines and require approval
Page 3
of a parking lot variance (see accompanying staff report and
recommendation on variance request).
2. Off-street parking and loading areas here required, with
particular attention to 'the items in above, and
the economic, gl%ge, noise, and odor .
would have on adjacent and nearby propert~es, and the City as a
whole.
is the
from
impacts.
would any
3. Refuse and service areas, with partiCUlar reference to the
items in subsection D.1 and D.2 above.
The dumpster is proposed to be located in the northeast corner of
the site. The odors from the dumpster would be detectable for up
to 200 feet from the dumpster enclosure. The homes ~which abut
the parcel on the north side are located within 50 feet of the
proposed dumpster location. Relocating the dumpste~ within the
site would probably n~t significantly remedy this situation, as
the dumpste~ would still fall within 200 feet of the residences
to ~h? north, considering the shallow depth of the parcel. In
addition, placing the dumpster adjacent to Woolbrig~t Road or
South Seacrest-Bouteyard wou%d be.objectionable from an aesthetic
standPOint. Concerning serviceability of the dumps~er, the
Acting~ Public ~orks Director has indicated that this would be a
suitable location for the dumpster.
4. Utilities, with reference to locations, availability, and
compatibility.
The site is served with water and sewer lines which are adequate
to serve the proposed use.
5. Screening, buffering, and landscaping with reference to type,
dimensions and character.
The proposed landscaping and buffering meets or exceeds the
requirements of the landscape and zoning regulations,
respectively. However, it is recommended that additional canopy
trees be provided along the north property line to adequately
buffer the adjacent residences.
6. Signs and proposed exterior lighting, with reference to
glare, traffic safety, economic effect, and compatibility and
harmony with adjacent and nearby properties.
The proposed signs and site lighting generally meets the
requirements of the sign and parking lot regulations
Page 4
respectively. There are, however, some comments from staff which-'
address minor aspects of proposed signs and site lighting (see
attached).
Required setbacksand other open spaces.
The proposed building setbacks meet or exceed the
requirements of. the C-2 zoning regulations.
1th. adjacent properties, and other
in the zonin9 'Jct.
is occupied byan automotive service station
It is not anticipated that ~he
sales at this location would
land uses. On the contrary, the
including landscaping, andthe
work may have a positive
: of buildings and structures, with reference to
harmony with adjacent and nearby properties,
as a Whole.
The proposedbuilding is a one-story structure which~is
compatible with surrounding land uses. The height to the
the canopy is eighteen and one-half feet.
top of
10. Economic effects on adjacent properties and the City as a
whole.
It is not anticipated that continuation of retail gasoline sales
on this site would adversely impact property values in the
surrounding neighborhood.
Comprehensive Plan Policies
The following Comprehensive Plan Policies arerelevant to this
Conditional Use application:
"Provide a suitable living environment in all neighborhoods."
(p.6)
"Provide a range of land use types to accomodate a full range
of services and activities." (p. 7)
"Eliminate existing and potential land use conflicts." (p. 7)
"Encourage the development of complementary land uses."
(p.7)
"Encourage the development of commercial land uses where
accessibility is greatest and where impacts to residential
minimized. (p.7)
uses are ' ' ' "
Page 5
Conclusions/Recommendation:
The proposed use and development of the property would constitute
a continuation of the exception of
the appearance and
t '
hePIa~1ng
application be
ttached staff comments.
CSA/csd
cc: City Manager
Technical Review Board
Central File
MEMORANDUM
TO .'
FROM
BATE:
RE:
Carmen Annunziato, Planning Director
Don Jaeger, Site Development - Building Department
March 7, 1989
CONDITIONAL USE - GULF OIL SERVICE STATION
by the appli=ant:
I. Ali lighting must be directed away from the adja=ent resi-
dential properties.
2. Demolition permits are requ%red for the removal of struc-
tures and u~dergrou~d gasoline tanks.
3. The plans show conflicting details on the columns for the
dumpster enclosure.
Ail plans submitted for public record by a design profes-
sional, registered in the State of Florida, must be signed
and sealed.
5. A Palm Beach County Engineering Department permit is
quired for work in the
Road rights-of-way.
re-
Seacrest Boulevard and Woolbright
Palm Beach County Department of Health approval is required
for any proposed food handling.
Palm Beach County Health Department Environmental Science
and Engineering Division approval is required for all fuel
dispensing establishments.
8. Palm Beach County Department of Environmental Resources
Management approval is required.
I0.
11.
All signage must comply with the
nance. The elevations must show
proposed signage.
Boynton Beach Sign Ordi-
the dimensions for all
Documentation on proper right-of-way dedication must be pro-
vided.
A thirty six (36) inch high landscape buffer is required
along all rights-of-way.
The applicant's prompt compliance with the
will insure a timely permitting process.
Doll Ja~ d
ADDENDUM B-1
preceding comments
DJ:eaf
TRB file
MEMORANDUM
8 ~arch 1989
Chairma~and Members
Planningand Zoning Board
FROM: Carmen S. Annunziato
Planning and zoningBoard
RE: Gulf Service'Station Conditional Use - Staff Comments.
With respect to the above, please be advised of the following:
1.. Right-of-way dedication for Woolbright-Road shown on site
plan to be dedicated toPalmBeach County within 45 days of
site plan approval.
pretreatment
capture the
parking area.
No attempt has been made on the en ineerin ·
· g g pla~s to obtain
~ret~e~nen~. of stor-mwater.runoff from paved ~amking areas
~exc~ua.lng the c~nopy are?). The City's parkin~ lot
regulations~requlre tha~ inlet structures be placed in grassy
swgle locations to obtain pretreat~ent of storm Water r~noff
pr~o~ to entering inlet structures (see section entitled
'~Dralnage" an Parking Lot Specifications). This requirement
Ks supported b~ comprehensive plan policies. In addition,
thi~ site is 1 clos? proximity to the City,s
wellfield. ~on the above, it is recommende~ that the
nage system to obtain th~
The system should be des~ned to
of Stormwater ru_~off from the paved
A note s~ould be ~d.de~ to the lighting plan which states that
t~e parklng ~ot light~ng will be directed away from the
abutting residences.
An Environmental Review Permit is required for the
underground storage tanks prior to the issuance of an
Occupational License.
~c~on.ll.2.E.. of Appendix A, Zoning, entitled I'Time
~ml=atlon; ~xtension of Conditional Uses", states that the
City Commission shall establish a time limit within which a
conditional use may be developed. It is recommended that
this time limit be set at one year from the date of approval,
consistent with the time limit for site plan approvals.
/bks
CARMEN~i ATO
ADDENDUM B-2
MEMORANDUM
TO: Carmen Annunziato, Planning Director
FROM: Don Jaeger, Site Development - Building Department
DATE: April 4, 1989
RE: SITE PLAN MODIFICATION - BOYNTON PLAZA
As a condition of site plan modification, the following comments
should be incorporated into the related documents by the applicant:
Handicapped parking stalls should be provided adjacent to
the main building entrance.
2. South Florida Water Management approval is required.
3. Ail buildings must be accessible to the handicapped. Provide
spot elevations on the site plan indicating accessibility.
4. Site pedestrian lighting must comply with City codes.
5. A~thirt~isix .(36).inch high landscape buffer
along alii rights-of-way at time of planting, is required
Curbing must be provided around all landscaped areas
adjacent to parking stalls.
The applicant's prompt compliance with the preceding
insure a timely permitting process.
~on Ja~
DJ: bh
comments will
ADDENDUM C
LEGAL DESCRIPTION:
OF BOYNTON BEACH. PALM BEACH COUNTY,
EC'rION lo. ~uwmo~u~ ~u .u~.~. RST ADDrI'IuN,
CIRC ST 19TH AVENUE nUN
AND THAT PORTION 'OF THE PLATED NORTHWE AID LOT ?? AN· P ~{A~T A LESS THE
SOUTHWARDLY EXTEN~SION OF THE _F~_T ~LIN~E~p~OF.~D LESS A PAP~EL IN THE SOUTHV~ST
ORNER 0Y SAID TRACT A: DESCRIBED A,S F
......... "~ ~AID TRACT "A" RUN SOUTH 88 42'30" EAST
CO ENONG AT TANC EET TO THE
ALONG THE SO,~..~.~,~htt~g_ 9F~.~A~..~T~k]_CTc~A'~N'~ ~E POINT 07 BEGINNING. TItENCE
NORTH t2 01 . ---."---,- .tn~n ~m ~AST RIGHT-OF-WAY LINE
4 ?6 FEINT. 'rt'tlSNUm,
A DISTANCE OF 9,. -___c_..... ,..o..,,~,,~.~ np 138 ?0 FEET ~0 THE NORTHEA_,S.T. '_
TO SAiD SOUTH ~NE OF TRAt;'I' A ~ _u__~]iu_~,'-',~~- · E CE soUTH1 1730 WES
OF LAND' BEING. 'DESCRIBED HEREIN, TH.
CORNER OF SAID PARCEL:f._. UTH LINE OF TRACT k, THENCE
3 FE~:T TO A POINT ON SAID S0
A DISTANCE .0,F .I6_1..8' ,_ _:~:.;. ~,~,~ ..n~p~H LINE A DISTANCE OF .t?0:00, FEET TO TEE
NORTH 8 ~ POINT OF BEGINNING.
SAID EAST RIGHT-OF-WAY LINE OF I 95 AND THE
"" T OF SAID PARCEL IN THE
ORTION OF SAID TRACT A LYING WES
AND LESS THAT P __ -OF-WAY FOR STA~E ROAD @ (I-95).
SOUTHWEST CORNER WHICH WAS GIVEN FOR RIGHT
THE SOUTH TWO-THIRDS (2/3) OF THE EAST 500.00 FEET OF THE WEST
750.00 FEET OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE
NORTHEAST ONE-QUARTER OF SECTION 16, TO~NSHIP 45 SOUTH, RANGE
43 EAST, SUBJECT TO THE RIGHT-OF-WAY OF THE SOUTH 50~00 FEET
OF THE NORTH ONE-HALF (N 1/2) OF THE NORTHEAST ONE-QUARTER
OF SAID SECTION 16 AS DESCR. IBED IN DEED BOOK 947, PAGE 367 OF
PUBLIC RECORDS OF PAI~ BE~CH COUNTY.
(NE 1/4)
THE
VEGETATION LINE VEGETATION LINE 2.5' CHAIN LINK FENCE
ABANDONED R/W PER O.R.B. 846, PG. 753
BASKETBALL COURT SEE DETAIL ADDENDUM D
MEMORANDU_M_
To: Jim Golden
From: Vincen~ A. Finizio
Engineering ~Department
Via: William V. Flushing ~
Acting City Eng~nee~
04/05/89
page 1 ~ 2
25 Acre Site and Multi-Purpose COmmunity Center
1. Provide "H~ndicap EnSignia,, at each handicap
Article X~. B~ynton Beach Parking Lot Regula~i Pa~king stall.
2. Speci{y the u~e o{ approved
mater i al al ~ng w~ th mppI i c mbt e
specifications. (~8 % o~ T-~80 Moisture/ ~ and compaction
Section 5-14i (n) Construction Standard~ensity Relationship Te~t)
5. Indicate on plans t~e construction o{ continuoum pedestrian
concrete SidewalEs ~nd {ully SOdded/irrigated ~Wmle~ Within the
public rights-Of-way for both N.W. lYth Ave. and N.W. i~th Ave.
Construction must comply with City o~ Boynton Beach Stanom~d
Swm I e Detai I s Drawl ng ~A-80055~ Chapter
Ordinance and Environmental Landsz~Pe Ordinance Chapter 7.5
4. Continuou~ raised concrete
minimu~n City o~ Boynton Beach ~ curbing (as shown) exceeds
=tandard~. Eighteen (18) inch
depth (as shown) Should b~ reduced to 15 i/2 inches ~nd Supported
at back o9 Curb With suitable topsoil. Delete the ~o (2') Steel
bars and provid~, one (1> inch deep relie~ Cuts at twenty (20)
~oot intervals. Re,er to City o~ Boyn~on Beach Standard Drawing
#A-86050 Standard Detail '~or Raised Cont:' ~uous Curb.
5. Diminish tRe ~e (t) wide smooth, sur{ac:e between MeCorative
sidewalks and ~iminish this smooth surface to six {6) inche~ in
order to reduce the risk o~ Pedestrians slipping or, smooth
c~ncrete Sur~ aces. SectiOn 5-140 (a) ~=fety
Chapter ~ -~_
~z. Streetm amd Sidewalks. Objectives and
6. Delete "whi~e-
with the "The cent'erline pavement markings in accoroance
P~numl of Uniform T'ra~fi~ Control
Section 3A-7 Types o{ Longitudinal Lines (9) ~.~hich ~tates the
~oI lowing:
"A solid yello~ line delineates the le'~t edg~ of a travel path to
lndica~e a restrictior against pasmin~ on the 1~ or delineates
ADDENDUM E-1
Page 2 of ~
Handicap stmll~s along the west Parking area should have m
concrete walkway Constructmd at the front of the stall, connected
8. ~top signs shall be in c~nfOrmmnce with
be erected a minimum of Seven (7)
grouted in'place. Section
9. Handicap signs, shall
above grade and grouted
(k) and Section 5-14i ~n>
the M~U.T.~.D. and
feet in height above grade and
5--14i (n>' Regulatory S~gn Stmndards~
be erected a minimum o~ five
in-place confor~ .... (5) ~eet
10. Scrub Preservation ~e~ce shall be erecteo to standmrd D.O.T.
specifications which ~Pe~i¥ies the lower six (~) inches of fence
to be burieO in Soil to Prohibit Persons from entering under
fence-lines. (generally ~ecommenoed)
11. Provide depressed grassy areas mt at~ inlet structorem.
I~let grates elevati, on~ mhoul~ be aPProximately ~our (4) inches
higher th~n the bottom of swal~ grade.
submitted.,
Vincent A. F'inizio
TO:
FROM:
DATE:
RE:
MEMORANDUM
Carmen Annunziato, Planning Director
Don ~aeger,. ~ Site Development. Buzld~ng' ' Departme~//
April 5, 1989
SITE~PLAN - NORTH DISTRICT PARK
city codes:
Healthstand. Department approval is required for the concession
3. All site amenities must be accessible
Ahandicapped ramp should be provided
area.
to the handicapped.
at the drop-of~
4. Site plans should be corrected to match the latest survey
documents regarding the building overhang over the property
line.
5. All plans submitted for public record b~ a design profes-
sional, registered in the State of Florida, must be signed
and sealed.
6. A Palm Be~ch County Engineering De artmen ·
for work zn the Seacrest BoutevardPright_~f~a~t is required
7.to Curbing parking must stalls, be provided around all landscape areas adjacent
The applicant's prompt compliance with the preceding comments
will insure a timely permitting process.
DJ:eaf
cc:TRB File
ADDENDUM E-2
EM0 ANDUM
TO:
FROM:
RE:
5 April 1989
CHAIRF~%NAND MEMBERS
PLANNtNG ANDZONING BOARD
?
C~S. ANNUNZIATO
PLANNING DIRECTOR
NORTH DISTRICT PARK? Site Plan
and i.1.
3. The
1. Surveys are required to be sealed to verify that it is
A.1. a registered land surveyor. Appendix A, S '
ectlon
2. As a cost consideration and point of information, driveways
access aisles where a 27 foot backup is required)
to ~a~king lots may be decreased in width from 27
a m~n~um of 20 feet. Article X, Section 5-142.h.1.
submitted and all other drawin~
res ect ·
p to the location of the ex~stlng
· Drawings should be revised t? show the accurate
building as either an en~roachnent
on
Iinesof the subject to the north or within t~e boundary
parcel. Article II, Section ~9-17.b.
CSA/csd
xc: Central File
%50-Northdis
CARMEN S. ANNUNZIATO
ADDENDUM E-3
MEMORANDUM
To:
From:
Date:
Subject:
Carmen Annunziato, Planning Director
John A. Guidry, Director of Utilitles X~L~/
April 5, 1989
TRB Review - Sears - Site Plan
We can approve this project, subject to the following conditions:
Indicate cleanouts or other access features at all bends in
gravity sewer service. Provide access covers as necessary,
Show materials and details on sanitary services,
2. Water main at west of building must be a minimum I5' from west
wall. Relocate as needed, providing dimensions.
3. Show water meter(s), complete with reduced pressure backflow
preventers. We' recommend multiple backflow preventers, in
parallel, so as to allow for annual testing without inter-
ruption of service.
Provide a double check valve assembly on the fire line, at a
minimum. Use of chemical additives in the fire sprinkler
system will require a reduced pressure backflow preventer on
the fire line.
dmt
bc:
Peter Mazzetla
ADDENDUM F-1
MEMORANDUM
April 5, 1989
TO:
FROM:
~IA:
RE:
Jim Golden
Senior City Planner
Vincent A. Finizio
Engineering Dept.
'William V. Flushing ,~Z~
Acting City Engineer
Sears at the Boynton Beach Mall
Curb interruptions that facilitate drainage should be placed a minimum
of ten (10) feet from the inlet structures to provide for stormwater flow
over a ~assed area prior to dischargin.g into a drainage system. Boynton
Drainage.Beach Code of Ordinances, Subdivision Regulations App. "C", Section 5B,
2. Invert elevations of drainage swales shall be four (4) inches lower than
top of drainage grate elevations. Revise plans accordingly. App. "C"
Section 5B, Drainage. ,
3. Handicap and standard parking stall striping does not comply with Code of
Ordinances. Handicap stall striping shall be "blue" double striping and
standard stall shall be "white" double ~triping in conformance with
Article X, Boynton Beach Parking Lot Regulations, Section 5-141 (n)
Handicap and Standard Stall Striping Standards. '
4. Fire-Lane striping does not comply with Code of Ordinances, Fire-Lane
striping Standards requires that curbing along fire lanes be painted
reflective yellow. Traffic lane nearest the front of building(s) shall be
marked with the words "FIRE LANE" (four inch brush strokes~- white letters -
letters to be three feet in height) along with "No Parking Fire Lane" signs
at fifty (50) foot intervals post mounted or mounted on columns if column
intervals do not exceed fifty (50) feet. Section 5-141 (n) Fire Lane
Standards.
Landscape backfill detail for parking lot islands conflicts with the
drainage swale contours within those same islands. Revise landscape plans
accordingly. Subdivision and Platting Regulations, App. "C", Sect/on 5B,
Drainage.
Respectfully submitted,
Vincent A. Finizio '
VAF/ck
...... ADDENDUM "F;2
MEMORANDUM
TO: Carmen Annunziato, Planning Director
FROM: Don Jaeger, Site Development
DATE: April 5, 1989
RE: SITE PLAN MODIFICATION - SEARS
Building Departmenj
Upon preliminary review of the submitted site plan m~
tion for the above referenced project, the following discrep-
ancies were noted in the documents:
1. Ail plans submitted for public record by a profe~ssional
sealed,registered in the State of Florida, must be signed and
The new parking areas must be constructed in conformance
with current City ordinances.
A buffer hedge is required along the north property line.
Ail buildings must be accessible to the handicapped. Pro-
vide spot elevations on the site plan indicating accessi-
bility.
5. Palm Beach County
for food handling
6. South Florida Water Management District approval is
7. Lake Worth Drainage District approval is required.
The applicant's prompt
will insure a timely
Health Department approval is required
services.
required.
compliance with the preceding co~ents
permitting process.
DJ:ear
cc:TRB File
ADDENDUM F-3
MEMORANDUM
4 April 1989
TO:
FROM:
RE:
CHAIRMAN ANDMEMBERS
PLANNING AND ZONING BOARD
CARMEN S. ANNUNZIATO
PLANNING DIRECTOR
SEARS DEPARTMENT STORE AT BOYNTON BEACH
MALL - SITE PLAN MODIFICATION
With respect to the above-referenced request, please be advised
of the following staff comments:
1. If the garden shop uses, handles, StOres, or displays hazardous
materials, as defined by'40 Code of Federal Regulations, Part
261, an Environmental Review Permit shall be required prior to
the issuance of an Occupational License.
2. An Environmental Review Permit is required for the Automotive
Repair Center prior to the iSSuance of an Occupational License.
3. Label the location of the trash compactor and show the location
of the Screen wall on drawing SP-1 in the same manner as shown
for the existing department Stores.
4. Revise catch basin details on drawing no. I to obtain proper
pretreatment of the first one-half inch of Stormwater runoff
(see engineering department memorandum for further details
and specific recommendations).
5. If the Lake Worth Drainage District should ever fi d '
ary to revoke the p~rking permit for the ~ ~ - ~ ~t. necess-
then the quantity . ~-~ ~ana± r~ nt- -
o~ parking spaces required ~- ~ g. of way,
~ ~ne zoning
regulations must be provided elsewhere on the site.
6. Approval of this site plan modification is contingent upon City
Commission approval of the Development of Regional Impact request,
CSA/csd
ADDENDUM F-4
MEMORANDUM
5 April 1989
TO:
PROM:
RE:
1.
2.
CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
CARMEN S. ANNUNZIATO
PLANNING DIRECTOR
BOYNTON LAKES PLAT NO. 1- Site Plan Modification
. that do not exist. %~accurate survey
ls ~ a site plan submittal. Appendix At Section
11.A.1.
E~evat~ons for proposed buildings ar
elevation for the shelter and s~ra~ ~d~'=-'£ne ~s=
~ ~W nas no~ Peen
provided. Article II, Section 19-17 and Appendix A, Section
11.A.
Plans required for site plan review must clearly indicate
which structures are p~oposed~ If the shelter and stora
a~.not going to~e built, remove them from ~ ~--~-5-ge -
eisner case. remove "~ne~,~, --~-- T .... ~j~w~nW~. an
· ~,,=~ nuue ~rom p~ans. Article II,
Section 19-17.b.
Plans do not ingicate_fo~ ~hich unit ~ype the elevation chanue
is being requested. Article II, Section 19-17.1.requires -
that "where a minor addition to a~ existingbu~iding or
structure is proposed, the site plan shal~ indicate the
relationship of such a proposal to the existing de%elopment-.
CSA/csd
xc: Central File
#0-Boylakpl
CARMEN S . ~ANNUNZIATO
ADDENDUM G
DESCRIPTION:
A parcel of land lying in Section 33, Township 45
South, Range East, Palm Beach County, Florida, being more
particularly described as follows:
Beginning at a point in the Westerly right of way line
of State Road No. 5 (U~S. No. 1) W~nich is 385.56 feet South
of the North line of the Southeast Quarter (SE%)-of said
Section 33 and running thence SoUtho~lOng said westerly
right of way line, 1300 feet to a p int. 300 feet Southerly,
measured along said Westerly right of way line, from the
Southeast corner of land of Dominic Masone, said point being
the Point of Beginning and the Northeast corner of the
parcel of land herein described; thence parallel
to the North line O~ the Southeast said
Section 33, 206 fee%; thence Northerly, parallet to the
Westerly right of way line of said State Road No. 5, 25
feet; thence Westerly parallel to the North l~ne of the
Quarter (~E%) of said' Section 33, 94 fe~t; thence
parallel to the Westerly right of way
ll~e of
said Sta~e Road No. 5, 231.95 feet, more or less, to a point
f9 a line, parallel to and.725 feet Northerly mess red at
right angl~s, frQ~ South line of the SoutheastQua~ter of
SeCtion ~3, thence Easterly along said parallel ll~ne 300.12
~et, ~ore ?r }ess, to ~ point in th~ Westerly right of' way
xne of St~:e Road No. ~; thence Northerly a~ong said
wester%y right o~ way line, 205.83 feet, more or l~ss, to
the Po~t~ of Beginning. LeSs the right of way for State
Road No. 5 -(U.S. No. 1) as shown in Road Plat' Book 2 on page
~59. Subject to an apparent easement over the South I0 feet
thereof tO the city of Boynton Beach for public utilities.
AND:
Beginning at a point in the Westerly right of. way-line
of State Road NO. 5 (U.s. No. 1) which point is 385.56 feet
South of the North line of the Southeast Quarter (SE%) of
said Section 33 and running thence South along said Westerly
right of way line 1050 feet to a point on said Westerly
right of way line of U.S. No. 1 which point is the Point of
Beginning of the property herein conveyed; thence run
westward on a line parallel to the North line of the
Southeast Quarter (SE%) of section 33, a distance of 300
feet to a point; thence run Southerly on a line parallel
to the Westerly right of way line of U.S. No. 1, a distance
of 225 feet to a point; thence r-un Easterly on a line
parallel to the North line of the Southeast Quarter (SE%) of
said Section, 94 feet to a point; thence run South of a
line parallel to the Westerly right of way line of U.S. No.
1, a distance of 25 feet to a point; thence run Easterly on
a line parallel to the North line of the Southeast Quarter
of said section, a distance of 206 f~.et to a Do~nt in the
Westerly right of way line of said U.S. No. 1; thence run
Northerly along the Westerly right of way line of U.S. No. 1
to the Point of Beginning. Less the right of way for State
Road No. 5 (U.S. No. 1) as shown in Road Plat Book 2 on page
159.
ADDENDUM H
To: Jim Golden M~MORANDU~
8eniop City Planner 04Y05/89
From:Vincen~ A. Finizio
Eng. Dept.
~lng ~l~y Enginee~ ~
8ub~ect: Homing Inn - Site Pia~
I. Provide a "No Le~t Turn" sign,s} at the ingress/egress
approach(s) ont~ U.S. Highway #1. Article X~ B°ynton Beach
Parking Lot Regulations, Section 5-142 ~c) Tra~i~ ~ontrol and
Section 5--140 (a) Sa~et~ Objectives'
~- Indicate on plans the Construction o~ fully sodded
irrigated swales within the
~8th Circle public r~ghts--o~-wav
in accordance with City o~ Boynion Beach S*=~-C~ ~ . -
Driveway drawing ~A-80055 anO ..... ~on~ental Landscape Ordinance
Chapter 7.5 ~ .... ~='0~ ~Waie and
5. Provide a "Handicap Ensignla- at each handi~cap stall in
conformance with Section 5-I42 (k) Handicap
Section 5-141 (n) Handicap Standards. Requirements and
4. Add to plans the {ollewing general
traffic advisory Signs ~-~SaI1 be grouted
note: Ail regulatory and
in-place.
5. Depressed grassy retention areas at all inlet structures
shall be ~our (4)inches lower than the g ~n
elevate the gra~es ~:our (4) inches :~eel ' ' ~'
elevation. (Engineer o~ Record to determine method) swale
Subdivision Regulations App. "C" Section
6. Provide drainage cal culati~ns and associated geotechni ca~
test{~) Drainage. data in conformance with the reqttirements~ o~ S~ction' ' 5--14~
7. Provide
a lighting plan that is consistent with the
requirements of SeCtion 5-I41 Ch) Lighting Standards. (inclusive)
8. Delete general note on lighting plan, that states the owner
shall seIec~ the ~inal lighting fixtures. Fixtures i~dicated on
the ~inal T.R.B. plans (When approved) shall be ~inal.
9. Landscape plans conflict with engineering development plans.
Grassy swaled drainage areas must remain depressed. A -
rchitect-s
landscape plan specifies berming in these areas.. Modify pi-an
accordingly.
To:
Date: Apr,! §~ 1989
SUbject: TRB ~e=iew - Homing ~nn - $~te P~an ~od~f~¢&~on
We can approve this project, subject to the following c~onditions:
i. Reduced pressure backflow preventers will be required on
water services to buildings two stories or higher. Dual
units (in parallel) are recommended to allow continuous
-service during testing.
2. Lower the new invert to the existing manhole to allow less
than a 2 foo~ inside drop Connection.
3. Indicate use of polyethylene-lined ductile iron pipe for
the first 9 feet of each manhole on all mainline sewer
runs.
4. Water services with either end under pavement shall be
specified type K copper.
dmt
bc: Peter Mazzella
ADDENDUM I-2
MEMORANDUM
FROM:
DATE:
RE:
Carmen A~nunziato, Planning Director
Kevin J. Hallahan, Forester/Horticulturist
April 6, 1989
Homing I~n - Site Plan Modifications
The following comments pertain
for the above project:
to the landscape plans submitted
The landscape plan required for the median area of U.S.
Highway ~1 affronting this project site should be included.
All trees depicted on the landscape plan should be a minimum
of 8' in height at time of planting. (Weeping Eottlebrush,
Indian Rosewood).
Hedge plants along the road R.O.W.'s must be 36" in height
at time of planting where parking is buffered. (Viburnum
Suspensum). Recommend do not use Ficus species.
Fifty percent (50%) of all tree species must be native.
Thirt~ percent (30%) of all shrubs, vines plants must be
native species. '
6. Road R.O.W.'s must receive irrigation from
rrlgatlon system.
yin J.~Hallahan
Forester/Horticulturist
the site
KJH:ad
DOC:A:HINN
ADDENDUM I-3
ATTACNED TO SIrE PLAN APPROVAL APPLICATION
LE6AL DESCRIPTION OF SITE
ALL DF TRACTS 94 TItROUGll 107, SECTION 20, OF SUBDIVISION OF SECTIONS 29 AND
20~ TOWNSItIP 45 SOUUt, RANGE 43 EAST AS PER PLAT TIIEREOF, RECORDED IN PLAT
BO(~K 7 AGE 20, OF TIE PUBLIC RECORDS OF PALH BEACII COUNTY, FLORIDA. '
INCLUDING 30 FO0~ SrNIP LOCATED IN SECTION 20, TOWNSIIIP 45 SOUFIt. ~ANGE
~ST~ AND BOUNDED ON TIlE SOUTIt BY BOyNTON CANAL AND n~ T.~ ~.,.t;,-.v ~3
94~, :SECFION 20, OF TIlE SUBDIVISION OF SECFtONS 29 AND~ ..............20 f ,,-
SOUTll. RANGE 43 EAST , QWNSIUP 45
, ACCORDING TO TIlE PLAT TIIEREOF
ROAD EASEmeNT RUNN1N CLUD"'~ ~_Luy/ '~/"!r ~,UW~'~ AS
G FR~t CANAL C-16 NOR[II TO TIlE NOR I
AND IOZ EX[ENDED OF ~ ~nlule,n. ne .......... :.- t [I LINES OF LOTS
~U~...~.u. ur ~;~u~ ~ AND gO. RECORDED IN
7. PAGE 20 OF HIE PUBLIC RECORDS F 'A/H nKArt) ~n'i;G~v F,~L:
A. LSO, ALL LANDS, INCLU)
SAN~ BEACH~' OR "LOW
PROPERTY Arii] WEST' 0~ ~)
EQUALIZING CM~L E-4,
10¢,I05~ I06 AND lO?,
TOWNSUII~ 45: SOUl'H, RAN(
PLAT BOOr, 7, pAGE gO,
FEET OF ~THE NEs:F LIN~ 'C
:~N,G, LAKE BOTTOIt OF LAKE JACKSON AND L rid '
.,, . A S DESIGNATED
:K_._O.R._OTNERWISE LYING FjE IWEE.N; T E ABOVE DESCRIBED
. ~XUU[-OF-WAY OF TIlE I. AKE WORTIf DRAINAGE DIST~I~T
:CEPTING TItAT PORTION OF FNAC'tS 94, 95, 103,
CFION 20, SUBDIVISION OF SECTIONS 29 AmD 20,
E 43 EAST ACCORDI[IG TO TIlE PLAT [IIEREOF, RECORDED IU
ALH BEACII COUNTY PUBLIC RECORDS NIIICII LIES WITIIIN 50
F SAIl) SECTION.
ALSO, ALL TIIAT PART OF TIlE S!~ 1/4 OF SECTION 17 AND TIlE NIl I 4 OF .
20, TO~NS~ItP SO ~ . / SECFION
S' : ~S~ ~TI(, RANGE 43 EAST, PALl4 BEACtl COUNTY, FLOR~IDA
OC))ll OF TtE S , LYING
: ' , ~UFtlE~LY RIGIIT-OF-WAY LINE OF Nil 22ND V
OFFICIAL RECORDS ~ A ENUE AS DESCRIBFD
. . . : ~OQK 1738, PAGE 1686 OF THE PUBLIC RECORD -
COI~N~Y, FL~ IDA AND NORTU OF TIlE SUnnt ~ e ,~- - .......
TOWNSHIP 45 SOU~t. RANGE 4 ~a~ ,~X~JJJ2'V:~ ~f.~:uuu"~ z~ AND 2O,
......... ' ~ ~ ' ....... ~ ~cuu~U~t) IH I'LA[ BOOK 7 PA
It~R~1HABOVE DESCRIBED, AND EAST OF ~u~ ~..~ .......... ' ~E _O.
- ~m :~l~(Ll LiH~ UF RIGItT-OF-WAY OF
CONGRESS A~ENUE AND WEST OF TIlE WESTERLY LINE AT RIGUT-OF-WAy -
WO~Tlt DRAIN~GE DISTRICT EQUALIZINGCAHAL E-4. OF TIlE LAKE
EXCEPTING FROH ALL OF TiE ABOVE DESCRIBED PROPERTY TIlE RIGtF-Q -WAY OF
CONGRESS A~ENUEj LAKE WORTH DRAINAGE DISTRICT EQUALIZING CAN F -
RIGIIT-OF-WAy OF 'CANAL E-16 FORHERLY BOYNTON CANal. ' AL E 4 AND
ADDENDUM J
PARCEL "A":
':~' OF LAND LYING IN PORTIONS OF SECTIONS 17 AND 20, TOWNSHIP'
AND IN PORTIONS OF A SUBDIVISION OF SECTIONS 20
45 SOUTH, RANGE 43 EAST~ AS RECORDED IN PLAT BOOK 7j
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, STATE OF FLORIDA
TICULARLY DESCRIBED AS FOLLOWS:
51' 25"; THENCE,
~4 FEET TO A
LINE A
TO THE SOUTH HAVING A RADIUS OF 3044.38' FEET AND A
56"~ THENCE, ARC
486.98 FEET LINE
LINE A DISTANCE OF THE BEGINNING OF
" TO THE NORTEI HAVI
ENCING AT THE NORTHEAST CORNER OF. SAID SECTION 20; THENCE, SOUTH
' 23" WEST ALONG THE NORTH LINE OF THE NORTHEAST O.NE-QUARTER. OF
20 A DISTANCE OF
POINT OF BEGINNING;
SOUTH A DISTANCE OF 609 A POINT ON A CURVE (A RADIAL
SAID POINT BEARS SOUTH 20o 38~ 53" EAST) CONCAVE
HAVING A RADIUS OF 5~5.47 FEET AND A CENTRAL ANGLE OF
'ALONG
CURVE
55.00 ACRES MORE OR LESS. (AREA--2395800.02 SQUARE FEET)
~THER WITH AN EASEMENT RUNNING IN FAVOR OF THE ABOVE DESCRIBED LAND
RAILROAD PURPOSES OVER, ACROSS, AND UNDER A STRIP OF LAND 50.00
WIDTH LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
COMMENCING AT THE NORTHEAST CORNER DF. SAID SECTION 20~
SOUTH-89° 04~. 47" EAST ALONG THE SOUTH LINE OF. THE SOUTHWEST
ER OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST A DISTANCE
LET TO THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD COASTLINE
: . RIGHT-OF-WAY~ AS SA]D RIGHT-OF-WAy IS NOW LAI
~ .~.~N: 25~ 1985)~ THENCE, ALONG SAID-Wcot n .......... D OUT AND IN USE
.~ E POINT OF BEGINNING T · ~.~ - OF 15 04 'FEET
,RAD[AL LINE P~SING THROUGH S ~n ~ ~u~v~_CONCAVE SOUTHWESTERLY
' 01" EAST) HAVING A RADIUc n~ ~i~ ~O~_~F 8EuiNNING BEARS NORTH ?l°
~ ~- ~vu.uu K~ AND A CENTRAL ANGLE OF 61~
,~' 26"I THENCE, NORTHERLY AND WESTERLY 'ALONG THE A .
DISTANCE OF 622 RC OF ~ID
65 FEET TO A TA . CURVE
~D TANGENT LINE A DISTANCE OF ~N~_~NE, THENCE, WESTERLY ALONG
~ ,THE HEREIN ABOVE DESCRIBED 5~ nn ~. ....... HE EASTERLY BOUNDARY
" E.UNE E E ENT DESCm TmN. .... THE OF TH S
~HAT PORTION LYING WITHIN THE PUBLIC ~m.~ ....... G THEREFRO~ ALL
, . ",~-ur-WAY OF HIGH RIDGE ROAD.
~S INTENDED THAT THE SIDE LINES-OF T~E ABOVE D
~2jBE PROLONGED TO iNTERSECT AND T~n--,,,.~'- ~_ ~SCRZBED EASEMENT ARE
~E~ABOVE DESCRIBED 55.00 ACRE PARCEL.~''''[:'~1~ uN THE BOUNDARY LINE OF
.... -- ADDENDUM ~
MEMORANDUM
5 April 1989
TO:
CHAIRMAN AND MES~ERS
PT-~/~NING AND ZONING BOARD
FROM: CARMEN S. ANNuNzIATO
PLANNING DIRECTOR
CENTER AT
Site Plan Modification
1. A~ per the sign code, Section 21-14.M. 1., signs in planned
'districts must conform to an approved sign program to
establish continuity and compatibility within the planned
district. The. Publix sign requested differs from the typical
design approved for freestanding.signs on individual lots
within Quantum Park with respect
Height:
Size:
Colors-.
to the following:
Rublix Quantum
5.75 feet 3.5 feet
18.75 sq.ft. 28.5 sq.ft.
white background, dark gree~ back-
green letters ground, white
letters
aluminum
Materials:
stone, stucco
CSA/csd
xc: Central File
950-Publixdi
·
C EN s.
ADDENDUM L
ADDENDUM M