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Minutes 12-10-87~MINUTES OF THE SPECIAL MEETING OF THE PLANNING AND ZONING BOARD HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, DECEMBER 10, 1987 AT 7:30 P. M. Wal Rob Har Mar Mar Sim Rob Gar Ch~ and Cas Man Owe Boy Pre Men Bar int Rec :er "Marty" Trauger, Chairman ~rt Wandelt, Vice Chairman ~ld Blanchette lyn Huckle ~in Jackier Dn Ryder irt Walshak Lehnertz, Alternate Tim Cannon, Senior City Planner Jim Golden, Senior City Planner Tambri Heyden, Assistant City Planner Michael Rumpf, Assistant City Planner rman Trauger called the meeting to order at 7:34 P. M. recognized the presence in the audience of Mayor Nick sandra; Vice Mayor Ralph Marchese; Commissioner Leonard n; Commissioner Dee Zibelli; Peter Cheney, City Manager; n Anderson, Executive Vice President of the Greater ~ton Beach Chamber of Commerce; Bill Martin, Former sident of the Chamber of Commerce; Robert Olenik, Jr., Der of the Community Appearance Board (CAB); Lawrence tley, Member of ~the Building Bo~d of Adjustment and eals; an~ Laurel Hubbard,.~Repor~r,._Sun~S~tinel~..!He roduced the Planning Staff, Members, of th~ Board, and the ording Secretary, and noted a full Board was present. 0UNCEMENTS ublic Hearings - December 17, 1987 at 7:30 P. M. Mr. Cannon announced that all of the items which would be the subject of the hearings tonight will be heard before the City Commission on December 17, 1987 at 7:30 P. M. in the Commission Chambers, Pineland Plaza. After the City Co~mission hears the items, and if they are approved, they will be! transmitted to the Department of Community Affairs (DCA) f.or their review. Within 90 days, the DCA will trans- mit the' Land Use Amendments back to the City. At that point, the. City Commission can adopt the Land Use Amendments. Mr an~ the Boa Co~ Cannon reminded the Board that if they wished to approve of the Land Use Amendments, they should make a finding t the amendment is consistent with the Comprehensive n. If they recommend against a Land Use Amendment, the rd should recommend appropriate action to the City mission. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 ~r commenting, Mrs. Huckle moved to approve the minutes ~resented, seconded by Vice Chairman Wandelt. Motion ~ied 6-0. Mr. Blanchette abstained from voting as he the meeting. not present at BUSINESS ~UBLIC HEARINGS or to the meeting, Aft as car was NEW Pri Enrico Rossi, P.E., gave Mr. Golden stter dated December 10, 1987 from Michael D. Gordon, ., of the firm of Boose, Casey, Ciklin, Lubitz, Martens, ane & O'Connei1, which requested postponement of several es on the agenda until they could be rescheduled. Mr. ~en said the applicant was advised it may not be until as e%as February due to the heavy schedule for the mission in December and January. In addition, he said School Board! application would have to be postponed ause it was contingent upon the Citrus Glen, Phase II a ~ Es( Mc} cas Gol lat Co~ the bec application. NNEXATION Project Name: Agents: Owner: Location: Description: Citrus Glen - Phase II Addition Michael D. Gordon, Esquire Enrico Rossi, P.E. Boynton Nurseries East side of Lawrence Road, south of Miner Road extended Request to annex a 28.82 acre tract of land ~D USE ELEMENT AMENDMENT AND REZONING Project Name: Agents: Owner: Location: Description: Citrus Glen Phase II Addition Michael D. Gordon, Esquire Enrico Rossi, P.E. Boynton Nurseries East side of Lawrence Road, south of Miner Road extended Request to show annexed land as Low Density Residential and to rezone from AR (Agricultural Residential) to a Planned Unit Development with a Land Use Intensity = 4 to permit the development of 106 single family detached zero lot line units - 2 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 ANNEXATION Project Name: Agent: Owner: Location: Description: AND USE ELEMENT Elementary School "P" Augustin Ao Hernandez Department of Facilities Planning Palm Beach County School Board Boynton Nurseries Lawrence Road at LoW.D.D. L-21 canal, northeast corner Request to annex a 19.23 acre tract of land AMENDMENT AND REZONING Project Name: Agent: Owner: Location: Description: Elementary School "P" Augustin A. Hernandez Department of Facilities Planning Palm Beach County School Board Boynton Nurseries Lawrence Road at L.W.D.D. L-21 canal, northeast corner Request to show annexed land as Low Density Residential and to rezone from RS/SE (Single Family Residential with a Special Exception for a public elementary school) to R-1AA (Single Family Residen- tial) to allow for future Conditional Use approval to permit the construction of a public elementary school · Project Name: Agents: Owner: Location: Description: Lawrence Lake Michael D. Gordon, Esquire Enrico Rossi, P.E. RCA Global Communications Lawrence Road at L.W.D.D. L-21 canal, southeast corner Request to annex a 13.5391 acre tract land of LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agents: Owner: Location: Description: Lawrence Lake Michael D. Gordon, Esquire Enrico Rossi, P.E. RCA Global Communications Lawrence Road at L.W.D.D. L-21 canal, southeast corner Request to show annexed land as Low MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Be Mr~ Mr. Mr. rea whe Density Residential and to rezone from AR (Agricultural Residential) to a Planned Unit Development with a Land Use Intensity = 4 to permit the development of 33 single family detached units ~UBDIVISIONS 4ASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez MSM Architects and Planners, Inc. Knollwood Orange Groves, Inc. Lawrence Road at Miner Road extended, southeast corner Request for approval of an amended master plan to allow for a change in project layout and design to incorporate the Phase II addition Huckle moved to TABLE the above items, seconded by Ryder. Motion carried 7-0. Golden advised that these tabled items would have to be ~vertised at the appropriate time, pending the outcome of they will be rescheduled. AND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: wner: . ~ocation. lescription: Via Lago Kevin foley Paul Himmelrich, Trustee North side of West Boynton Beach Boule- vard, between intersection with Old Boynton Road and the L.W.D.D. E-4 canal Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "High Density Residential" to "Local Retail Commercial" and rezoning from R-3 (Multi-Family Residential) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 158~000 square foot shopping center Mr. Golden informed the Members that the property lies at the, northeast corner of West Boynton Beach Boulevard and the MINJTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 E-4 canal. He read from the memo dated December 4, from Mr. Annunziato to the P&Z Board. The parcel contains approximately 1,640 feet of frontage on West Boynton Beach BouleVard and 397 feet of frontage on Old Boynton Road. He rea the surrounding land uses and zoning from the memo dated December 4, 1987, addressed to the Board from Carmen Annunziato, Director of Planning. Mr. de~ in¢ re¢ als rea sp~ wid pr( be grE rex Golden said the present R-3 zoning would allow for the ~lopment of 199 multi-family dwelling units, which would lude apartmentst condominiums, townhouses, and related reational facilities. Additional uses under R-3 were o outlined in the memo of December 4. Mr. Golden further from the m~mo and apprised the Members that the cific use of the building was not indicated. A 25 foot e greenbelt will be provided along the northern property ndary, where the subject parcel abuts residential per,les. A six foo~ high concrete block wall would also required along this property boundary. A ten foot wide enbelt would be provided along the remaining perimeter to eas~t, south and west. Mr. Golden said the' proposed enb~lt conforms with the requirements of the PCD zoning ulations as ~resented. Th Comprehensive Plan development policies relevant to th~s recuest were listed on page 5 of the memo, and Mr. Golden sa~d they would be addressed later in the presentation. Mr hi~ ab( deI Ryder thought it would be advisable to mention the past tory of the project, so people would know what it was ,ut. He recalled it was presented in June, 1987 a~d was ied. Chairman Trauger asked how high a density it would be. Mr. Golden answered, "10.8 dwelling units per acre." pr( un~ at re( th~ reply to Mr. Ryder's request, Mr. Golden said this ~ject was denied in June, 1987 by the City Commission [er the name of Boynton Beach Village Center. The proposal that time was for 165,000 square feet. It has been [uced to 158,000 square feet. Comparing the two master ~ns, Mr. Golden said there were two basic changes. 91 was 7,000 square foot reduction. ~2 was that the master plan made more general and less specific with regard to anchor res, etc., but the same uses would be permitted under .her master plan. Ch~lrman Trauger asked what the social or economic benefits to Boynton Beach would be for this plan over the other plan. - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Mr. Golden replied that he would address those as he proceeds wit his report. Mr. par des 36 til Golden said the subject parcel, as well as surrounding cels which front on Old Boynton Road, fall within an area ignated in the Comprehensive Plan Evaluation and Appraisal A) Report as an area of potential land use conflict (Area This area includes the subject parcel and residential ~ls which front on Old Boynton Road between West Beach Boulevard and Hoadley Road, which is the loca- the Oakwood Square Shopping Center. Mr Golden said the language for Area 36 states that due to th~ increased traffic which will be drawn to the Boynton Bea Mall, there will be pressure to rezone these parcels frcm Residential to Commercial. Other than minor ad~ust- merts to the existing zoning district boundaries, commercial zoring should not be allOwe~ to extend Westward alon~ Old Bo~nton Road and B0ynto~ Beach Boulevard, as it woul~ cause selious traffic congestlon and degr~ade the residential en%ironment in the adjacent neighborhoods. In particular, commercial zo~in~ should n~t be al~Dwed on the residential lo~s and small parcels which lie ~ng 01d Boynton Road to th~ northwest of the F.P.& L. substation. Mr, pe~ of saJ on' tr~ Th~ afJ pe] th~ po3 it Be~ to] ne: re] th~ co~ be Golden continued that the Comp~iehensive Plan's E~A Report tains language to evaluate rezo~ings through the use of formance standards which requir~a that certain minimum 'els of service be maintained. Tl~e Plan establishes level service (LOS) C as the base s~andard for reasonable and ' e LOS on an average annual basi~. LOS "D" is acceptable y during peak season conditions and during peak hour ffic. ee standards are listed in the PCD regulations, which ect the location and ability to serve from a planning spective. These were outlined on pages 8, 9 and 10 of ~ memo of December 4. Standard 1 related to major trans- tation facilities, and Chairman Trauger asked wh~ther was being considered in the traffic count that Bqynton ~ch Boulevard, west of Congress Avenue, will probably be 'n up and will go down to just a lane or two for ~bout the :t year. Mr. Golden answered that the applicant's traffic ~ort basically assumed that several projects, including ~t one, currently being undertaken by the County, will be ~pleted by the time the shopping center, if approved, will ready to open. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 With respect to the economic standards, Mr. Golden read from pag~ 10 of the memo. With regard to the infrastructure, he ~aid roadway capacity was a critical element in the ' pro~ect, and he read from pages 12 and 13 of the memo. Mr. Golden also read the technical concerns from pages 13 through 16 ~f the memo, which said the establishment of the proposed 158~000 square foot shopping center will generate an average of L0,020 trips per day. Cot pag pos tri sba cap lat wot mat the Bas the bet He the to per Plu app LOS ~e~nlng the policy implications, Mr. Golden read from 16 of the memo that it was recommended that the pro- ~d new trip generation for the project be set at 7,514 ~s per day, and from page 17, he read that no approval il be granted.that intensifies land use.unless adequate ~city exists in the roadway system. This land use trans- ~s into approximately 1,365 trips per day. In other as, Mr. Golden said this project would generate approxi- ~ly over five times that which would be generated by existing R-3 zoning. md on the information submitted, Mr. Golden stated that proposal will ~enerate traffic on Boynton Beach Boulevard ~een 1-95 and Seacrest Boulevard at level of service "D". further read from page 17 of the memo that approval of proposed project may severely restrict the City's ability ~edevelop Boynton Beach Boulevard unless a lower traffic formance standard is adopted for this roadway. David ~mer and Associates, Inc.'s report indicated that, if roved, the 1-95/Boynton Beach Ramp will be operating at "E". Improvements at that intersection are beyond the scope of the study. Mr. Golden explained that they would involve actions by the State and F~deral governments. Golden summarized the five primary issues that related Mr to 18 fi] ap~ res fur Gol ads th6 rel Cen the approval of the request, which were outlined on pages through 24 of Mr. Annunziato's memo. With regard to the st issue, the Planning Department felt, if the project is roved, it will have an adverse impact on surrounding idential properties, and it will set a precedent for ther commercial rezonings on Old Boynton Road. Mr. ~en said the answer to issue 2 was that there is an quate supply of existing commercially zoned property in vzclnlty, and he referred to the Boynton Beach Mall and ated out parcels and the construction of Cross Creek tre to the west. Recarding the third issue of whether the property is physically and economically developable under the existing MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 zon fa~ ad~ con cat for nei tbs the aPE COE re~ Was co~ thc tic as bet ex~ he] if leg Mr~ Pi~ ab( wi~ Ke~ he I~e fo~ Cu2 Th~ wit ing, Mr. Golden said it could be developed for 199 multi- ily units. In answer to the fourth issue, Mr. Golden ised that commercial zoning of the parcel would be sistent with the Comprehensive Plan policies for the lo- ion of and access to commercial land uses. However, it ld not be consistent with the Comprehensive Plan policies minimizing impacts on the environment in surrounding ghborhoods. As to the fifth issue, Mr. Golden reiterated t this project will have m significant impact on roads in vicinity, even with the improvements proposed by the licant. ~erning the conclusions and recommendations, Mr. Golden from pages 24 and 25 of Mr. Annunziato's memo. It the recommendation of the Planning Department that mercialization of this parcel not be allowed, and that application should be denied. Golden informed Mrs. Huckle that the previous applica- was for a PCD. Chairman Trauger repeated his question to whether there would be any great social or economic efit to the City with this plan that was not in the virus plan. Along those lines, in comparison to the sting plan, Mr. Ryder asked to what extent this plan would p with regard to the increased traffic. He also ~ondered the impact to the surrounding residential area would be sened in any way. Golden replied that Chairman Trauger's question covered ,road range of issues. He believed the planning issues e covered in the memo. From a technical standpoint, the .nning Department is not able to address other issues ,ve and beyond the report, i.e. economic benefits, etc. irman Trauger visualized less jobs with this plan than h the previous plan. ,in Foley, 215 Old Meadowlake, Palm Beach Gardens, said has offices in Boynton Beach, West Palm Beach, and Jupiter. is President of The Foley Company and was also the Agent ' the property. The Foley Company, in concert with pepper Company, will be the developers of this project. ~y formed a general partnership and limited partnership .h an additional two limited partners. Mr Ryder asked if that would constitute a change from the original proposal, when Dennis Koehler was ~n the plcture. Mr Foley replied that Mr. Koehler has absolutely nSthing to do with this project, nor do the previous partners, only to MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 the the de~ ho~ d±~ an a and Mr , Bok of Coz be Mr. as Cos Laz Fl( Mr BO~ pc( ,,gl ha Mr st] to Bo~ Mr Cit Go. Cu. extent that one of the previous partners sold the tract to purchase this property from Mro Himmelrich to ir partnership, so it an entirely different group of elopers and an entirely different development team. He ed he could demonstrate to the Board that it is a ferent approach to the subject property. irman Trauger asked if Mr. Himmelrich is the owner of all the property. Mr. Foley answered that Mr. Himmelrich is Agent for the owners, which are multiple owners involving orporate entity and several family and individual owners, they reside in PittSburgh. Foley introduced his partner, Bobby Culpepper. In the ence were Tim Messier, President of Messler Engineering; Bentz, President of Land Design South; Kahart M. Pinder, David Plummer & Associates, Traffic Engineer; and Mike erson, President of M. J. Anderson Inc., General factors. Their Architect could not be present but will at the next meeting. Culpepper voiced his opinion that there is no such thing a perfect land use plan. He told of his experience as an cted official (ten years), an engineering firm, and his company. As Chairman of the Board of County .missioners, he helped to adopt the first Comprehensive d Use Plan for Palm Beach County, which was the first in ,rida and won a national award. Culpepper said he and Mr. Foley wanted to provide the .rd with information and wanted tO have~a discussion with )te living in the neighborhood. He alluded to the words, )wth" and "no growth", and said he likes to look at ~lity growth." Mr. Culpepper referred to things that )ened in Boca Raton and Jupiter. Culpepper stated that the highest and best use for this would be Neighborhood Commercial, and that was based on ~y factors. Basically, they have the necessary infra- ucture. They want to bring a quality neighborhood center this area and want to do something on Boynton Beach [levard and set the pace. Mr. Culpepper expounded. Foley expressed their appreciation and respect for the .y staff (City Manager Cheney, Carmen Annunziato, and Jim .den) and said they were very impressed. He said Mr. .pepper was a former Mayor of Jupiter. Mr. Foley told the lbers that he is the Chairman of the County's Land Use MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Ad~ the Reg Pla Cou of pu~ sts sta and loc one see zor sat and and Fo] an Mr . thc lot wr( wol li~ 9: Mr c1¢ Mr on he] If ad( If ad, bol gi, Th~ isory Board, and they wrote the Comprehensive Plan for County. He is also the Governor's appointee to the ional Planning Council, which wrote the Comprehensive n for Palm Beach, Martin, St. Lu¢ie, and Indian River nties. In addition, Mr. Foley was asked to be a Member the County's Traffic Task Force. Six members of the lic, six members of the development industry~ and the ff of the County wrote the current traffic performance ndards. Mr. Foley was chosen as a member of the public, he explained why he was chosen. Foley believed the site would be developed. As a ential investor and developer, when he was first asked to at the site, he thought it was perfect and would make of the best neighborhood shopping centers that he had in the County. Mr. Foley was surprised that it was ed High Density Residential. He and M.r. Culpepper have in seats like the Members of the Board wDre sitting in, they had visited as many as 4,000 different petihions, t~ey understood the problems they were facing. Mr. ey wanted to convince the BOard why they may want to make e~ception. Foley recalled that one problem that was brought up in last petition was the trouble with the Xtra store (24 and the r a day high volume, high traffic attractor) g hours of operation. When they first got involved, they te to the City saying that Xtra and stores like Xtra ld no longer be considered for the site. They would also .it the hours of operation from 9:00 A. M. until 0 P. M., and he explained. Foley noted two groups of neighbors were present (very ,se and area.) They have worked very closely with the ghbors in Treasure Island and the neighbors across the .al to find out what they liked or disliked about the ,ject and to make the project a better neighbor to them. Foley believed they spoke to a majority of the residents Treasure Island, and everyone said they wanted Commercial e. A woman in the audience stated that was not true. there was someone they missed, Mr. Foley said he would ~ress that person's concerns. he developed it Residential, Mr. Foley said he would take ,antage of the water. He would clear cut the northern ~ndary and the western boundary down to the water line and 'e his apartment dwellers the full advantage of the view. City's heiqht limit is for four story buildings, but Mr. 10 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Fol be as the Mr. the tbs by bu,~ bu-~ If wot is Mr, be coz ab( be ott thJ Mr sa~ Mr tr~ De~ be Bo~ an( th~ Bo% ey suggested two or three story apartment buildings would appropriate, and he would get them as close to the water he could. This would present a much different view to folks on the opposite side, on Treasure Island, which Foley said was one reason they preferred what the appli- t was offering. The applicant has stated tn a letter to residents of Treasure Island and their representative the applicant will provide a 50 foot buffer, backed up six foot wall. The plan originally showed a 25 foot fer, and they will provide a 50 foot veg~etated landscape fer along their property line. Mr. Foley made the letter art of the public record. it were developed as Residential, Mr. Foley said there ld be virtually no buffer. A benefit of the Commercial the buffer, the six foot wall, and much lower buildings. Foley informed Chairman Trauger that the buildings would 25 feet high. Foley poi~hed out that the hours of operation for idential would be all hours. They will also offer venient shops and services to the neighbors. One thing ut neighborhood shopping developments is they can often thought of as taking traffic off of the roads that might erwise go to a furthe~ center, such as the Mall. Another ng they offer is quality development. Foley passed two sets of drawings to the Members and d they have hired that Architect to design a center as ,se to that one as he possibly can. Foley continued by saying two major concerns of the ghbors living in the general area were aesthetics and .ffic. They contacted Urban Design Studio, and Urban ign Studio agreed to design the front of this project to compatible with their design for all of Boynton Beach ~levard. Mr. Foley thouqht they could give the City ~ther 1,600 feet of frontage designed to be compatible with ~ City's overall beautification design at no cost uo the .y. It would also substantially enhance Boynton Beach [levard. The next important item was traffic. After expounding, Mr. Fo~ey said he has spent hundreds of hours listening to trSffic experts and developers about traffic. He elaborated an~ then said they were comparing High Density Residential to,Commercial Development. If they were to develop the site wi~h 200 or 199 units of High Density Residential, bhe 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 stalu~dard~ rule of thumb is that each apartment would generate 1½ ~o 2 cars, which would mean there would be 300 to 400 new car~ at the site. The people would be new residents to Boy,ton Beach or they would ~ome from Boynton Beach, and theSr homes would be filled Dy new people moving into Boynton BeaCh. Ail of these would be new trips that would not be the~e if it was not developed Residential. Mr.~Foley said a Commercial development attracts trips from res[dents that are already there. They heard that the Coulty chooses a number of 25% as those trips that would be pulted off the road. The rest would be going to this center wit that intent in that mind. Mr. Foley stated that their exp the Eng Mr. how cen tim WaS as Mr . dev der as men at dif Mr. the res thi Mr · prc was and doc Att ap~ tha Cod Mr ab( ~rt said 42%. The City's Consultant, Walter Keller, said ' were both within the realm of expertise that Traffic Lneers employ in their analyses. Foley applied his daily life to it, and asked himself many times he gets in his car to go to a neighborhood ~er like this. He questioned whether it was 75% of the m or rarely, on the way to work, etc. Mr. Foley felt it more realistic that 75% of the time the center would be mn adjunct to another trip. Foley observed that they seemed to be comparing the mlopment of this site as a Commercial site versus no mlopment at all when they ought to be comparing t~is site Eommercial versus High Density Residential. The LOS tioned as "D", should this be developed, would also be LOS "D" if it were developed R-3. There would be no ference in that aspect. Foley apologized for the lateness of their response to staff report, but they only had two days to study and )ond to it. He said they would respond to the report evening. Walshak asked who the contract purchaser was on the perry right now. Mr. Foley answered that right now, he · Mr. Walshak said it was different than the application documents he was looking at, and he questioned whether uments were missing, as a legal opinion by the City of orney on the unity of title was required prior to the lication being submitted to the Board. He emphasized this was not his terminology but the terminology in the Foley responded that there was no question whatsoever ut unity of title here. Unity of title was an entirely 12 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 dif sigl plu~ whc Mr. abo' the O~ Sep Aut add the Aut !erent term. Mr. Foley felt Mr. Walshak was confusing ~y of title with the actual purchase. The contract led with the current owners, which is a corporate entity some individuals, was originally signed by Steven Rhodes, · asa partner in Denholtz Rhodes, the previous petitioner. Walshak asked if that submission Mr. Foley was talking it was in April, 1987. Mr. Foley was not familiar with hr dates and did not understand Mr. Walshak's question. ~his submission, on the original application of ~ember 30, 1987, Mr. Walshak noted it said Kevin Foley, %orized Agent. Mr. Foley confirmed that was correct but ~d, "and Steven Rhodes, Authorized Agent.'~ According to application, Mr. Walshak said Mr. Foley was the %orized Agent. Mr. Walshak was looking at a submission dated October 1, 1987, which said, "Dear Jim: I agree, as sole contract pur ~aser and eventual owner of the above referenced property, to abide by the terms of the unified control, as sti ~ulated in Section 6-F, 3, a, b, and c. Should you have any questions, please do not hesitate to contact my 9ffice. Sincerely, Steven Rhodes, President, Rhodes Properties of Pal Beach County, Inc." Mr. Walshak's concern was that right now, Mr. Foley was appearing on behalf of Rhodes Properties, Inc., as the application indicated. As th Mr re Mem ass Fol wou s bot the par opi Att Att Att hol tha le indicated in his opening statement, Mr. Foley said have an assignment of the contract from Steven Rhodes. Rhodes has an extension of the contract from Himmelrich, resenting the owners. Mr. Foley had a separate assignment the contract, which was in the packets of the Board pets, and he stressed it was assignable and it was igned to him. The contract that was assigned to Mr. ~y was not in the p~ckets of the Members, but he said he ld be happy to provlde a copy of it. Mr. Walshak wanted 9py, and he felt it should have been attached. Foley believed the appropriate document was signed by h Steven Rhodes and him. Since then, Mr. Rhodes assigned contract to.Mr. Foley, and Mr. Rhodes is no longer a t of the project. Mr. Walshak emphasized that the legal n~on on this particular project was written by the City orney for Rhodes Properties. Mr. Foley asked if the City orney was present. Mr. Walshak replied that the City orney did not have to be present because he (Walshak) was ding the legal opinion dated October 30~ 1987. He read City Attorney Rea had reviewed the legal documents, and 13 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 it ~ con' Uni of If ha~ cou bec con Fol Mr. tha the app Mr. Pro he Mr . fo~ as Mr. pro con Att Mr. app ini cor He 198 Rh¢ beb Mr. toe be the ~ppeared that they met the requirements of the unified ~rol, as outlined in Section 6 of Appendix B, Planned Developments, of Section 6-F (3) of Appendix A, Zoning, ~he Code of Ordinances. 2ity Attorney Rea was present, Mr. Foley said he would be )y to listen to his explanation of the opinion. He [d not tell Mr. Walshak ~he legal ramifications of it ~use he is no~ an attorney, and he reiterated that the :ract was assigned to them. Mr. Walshak asked if that was [ected in the application being presented tonight. Mr. ky did not believe it was. Golden interjected that the legal documents were for- ~ed to City Attorney Rea so he could prepare a response : the aDDlication met the requirements o~ the unified :rol. Mr. Walshak asked if he was correct in assuming :.the application Mr. Foley was talking about was the [1cation in front of him. Mr. Golden answered, "Yes." Walshak said the application said the owner is Rhodes oerties, Inc. Mr. Golden could not evaluate it because is not an Attorney. Mr. Walshak explained his objection. Golden said there was authorization by Rhodes Properties Mr. Foley to act as the Agent. If Mr. Foley was acting the Agent, Mr. Walshak felt that was fine, but he heard Foley say they had a limited partnership and now own the perry. If that was the case, before he would want to ~ider it, Mr. Walshak wanted a legal opinion from City Drney Rea on unified control. Foley responded that the City Attorney had ruled on this. ~ they signed the application, both of them signed it as st, and the City Attorney had ruled that it was a valid lication. Mr. Walshak recalled that when Mr. Foley tlally came before the Board, he said he and his partners have control of the property. Mr. Foley stated %hat is rect. Mr. Walshak dSd not see that in the application. saw an assignment fr~m Rhodes Propert%es dated October 1, 7, which said "Applicant's Authorization." Mr. Walshak d the document, sl.gned by Steven Rhodes, which said des Properties authorized Kevin J. Foley to act ih their all on all matters pertaining to their application. Foley apologized fo~ not having an Attorney present ight. Chairman Trauger understood that a contract could assigned at any point. If that was correct, he believed was a valid authorization, holding until there was a 14 - MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA DECEMBER 10, 1987 further contract. Mr. Walshak stated that was only if the assignment was made part of the application and reviewed by th~ ~ity's legal counsel on the te~ms of the Ordinance. Chairman Trauger inf?rmed him that an assignment could have begn made up until 5:00 P. M. tonight, and he still held that it was valid as far as the titleship or control of th%s property. No Attorney was here to bring the assignment pr)position forward tonight, so it would take place at some it it as wi Mr ta wh~ ha~, St~ of 2.~ re] do~ va. co! co! Ch~ is co~ ta~ wh~ th~ ti~ th~ Mr 4 Cit cat ap~ un~ Und of ~ther time. If approved, Chairman Tranger submitted that could be brought in prior to the permitting process. If was denied, it would be moot. Chairman Trauger ~elt the !ignment proposition could be taken care of after the fact ~hout j~opardizing the case pro or con. Foley promised to take a copy of the assignment to the ~y Manager tomorrow. Mr. Wals~ak inGuired, "You are .king abo~t an assignment from Rhode~ Properties, Inc. to )m? Mr. Foley replied that the contract Rhodes Properties ~ was assigned to him personally, to Kevin J. Foley from ~ven Rhodes. He state~ t~at he will be the purchaser, and will pay Steven Rhodes a~ consideration for his assignment the contract, and he (Fo~ey) will end up paying I million dollars for the property. that case, according to the City Ordinance, Mr. Walshak ~eated that the City Attorney would have to examine that ~ument and render a legal opinion to make sure it is a .id assignment to Mr. Foley before the Board could ~sider the application. Mr. Foley did not thinktthat was 'rect and stated he would rely on the Chairman's ~ecision iarding that. .irman Trauger advised that he gave his opinion, but he not a legal man, outside of teaching Commercial Law at lege. He asked if there was any impairment to t~e presen- io~ of the case in the mind of any member of the ~o~rd, ~n the assignment was not here. Mr. Ryder did not recall t being a requirement in the past, and he put a lot of .e on the Board. Mr. Walshak stated that he could read Section from the Code. Walshak continued that a legal opinion that came from Attorney Rea was that when Rhodes submitted the appli- con and Rhodes had legal control of the property, it eared that the legal documents met the requirements for fled title, as outlined in Section 6, Appendix B, Planned Developments, and Section 6-F (3) of Appendix A, Zoning the Code of Ordinances. If they would look in the Zoning, 15 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 he ~aid they would see that any change or assignment of unified title has to be first reviewed by the City Attorney. Mr. rev any any thr ind a c deb tha sta uni not Boa und mak own cou did whe Cha Him thc it Rec Aft poi lis the p~s Th~ sta th~ Cul Mr. was pre ap~ to Me~ Foley added that the contract that City Attorney Rea Lewed clearly stated that the contract was assignable at time, and they have never represented themselves as being ~hing but the developers. They have stated consistently )ughout that they are the developers, and they have never [cated that Rhodes is the developer. They were assigned )ntract that is correctly leqml. Mr. Foley refused to ~te the issue anymore. Dctober 1, 1987 (1½ months ago), Mr. Walshak pointed out this was submitted by Rhodes, and he repeated prior tements. Mr. Golden advised that unity of title means 5y of ownership, but it does not mean that ownership can- be transferred. Mr. Walshak understood that but said the rd was looking at applications prepared and presented mr the auspices of Steven Rhodes owning the property and lng the submittal. Now they had an applicant saying he the property now. Mr. Golden said the City Attorney ld analyze that prior to the Commission meeting, but he not believe the Board was able to legally determine ther this was proper or improper. irman Trauger did not believe Mr. Foley stated that he the owner. He recalled that Mr. Foley said Paul melrich was Trustee for a group of owners. Mr. Walshak ught Mr. Foley sai~ he (Foley) and his partner had bought in the form of a limited partnership, and he asked the ording Secretary to read that part of the minutes back. er comments from the Members, Mr. Walshak said the whole nt was that the application said one thing, and he was tening to something else. Chairman Trauger did not think Ownership of the property had anything to do with the sentation. Recording Secretary read her notes, and Chairman Trauger ted, for the record, that Paul Himmelrich is Trustee for owners of this property and that Mr. Foley and Mr. pepper are the developers of the property. Walshak asked if the application presented by Mr. Foley the same as the one he was looking at. Mr. Foley did not sent an application tonight but when they did present an lication, they knew Rhodes would be assigning the contract them. W-hen they put down the Agents, he believed the bers would see that they put Kevin Foley/Rhodes, so if, 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 for some reason, that would still have the somebody else do it. Mr. ap~ the ere fr¢ by Mr. th~ a ~ In of si~ A wa~ was Ch~ th. di nor bu~ no~ Mr. se~ pr( to~ re( Dr~ vo~ Ch~ if ma~ co! wh~ he~ assignment never took place, Rhodes ability to either do it himself or have Walshak continued with his argument and stated that the lication is done for a specific reason, which is to tell Board who owns the property, what they will do with it, Now the applicant has come in, and the documents in ~t of the Board Members are all wrong. It could be owned two or three other people. Foley apologized for any misunderstanding and said if City Attorney agrees with their Attorney that there is roblem, they will work to correct the problem tomorrow. all of their contacts wi%h the City, City Manager, Members the City Commission, this Board, and the community, every gle time they identified themselves as the developers. oman in the audience caliled out that Mr. Foley said he the owner. Mr. Foley ~isagreed, saying he never said he the owner. [rman Trauger asked the Members of the Board whether ir were any question~ in their minds as far as th~ pute of ownership being an impediment or advantag~ in presentation of the case before them. He questioned ther the Members had any reservations. Dr. Jackier had e. Mr. Ryder and Vice Chairman Wandelt had reservations, Vice Chairman Wandelt did not see why the Board ~ould proceed, subject to an opinion from the City AttOrney. Ryder agreed. Mr. Blanchette thought a cloud was pre- ted to the Board, but he thought the Board should ~ceed. Mrs. Huckle did not see anything in the way of ight's presentation but thought a clarification was uired because there were ambiguities in the application. Jackier did not think the ownership would change his .lrman Trauger asked Mr. Walshak if it would satisfy him they continued with the proceeding and returned the ter to the City Attorney for straightening out because he ~ld not see how what the Board would be deliberating would .flict with the ownership. Mr. Walshak definitely saw ~re there was a conElict, and he repeated prior statements. .zrman Trauger ruled that the Board continue with the .ring. Mr. Foley apologized for the misunderstanding and d they will correct it as soon as possible. 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Kah~ tri] gen, tri Mr. tri of num sai, Of If Cou Mr. opp. Wal tai the det Mr. rep the ana The Mr. and of Cit Mr. Sta Flo cri Reg cer spe cap rt M. Pinder, Transportation Planner, David Plummer & ~ciates, Inc., addressed the first issue of the number of Ds by saying he identified in his report as being ~rated as new trips. The second issue was the LOS. The generation rates he used were the standard rates that ~yone uses, from the Institute of Transportation Engineers. Pinder used the number of 57%, saying those were the ss t~at are already there. Recent studies that were done ~hopping centers very similar to this project sho~ed that )er actually should be 65%. In other words, Mr. Pinder I a shopping center like this is generating 35% new trips. .0,000 trips it would be generating, 3,500 would be new. :he Board Members would apply the formulas Palm Beach lty's transportation 10n~ range planning process uses, Pinder said they would come up with 3,440 trips, as )sed to 3,500 that researchers show and the 4,300 that he in his analysis. He told the Members to go thr6ugh and the reports prepared by the ~ity's Consulting Engineer, ir Keller. Based on us.i~ng t~e County's rate of 25% con- ~ed in Exhibit G, page 4, Tabl[e III, even an assignment, ~ming that only 25% of the tri~s wiere there, and assigning trips of the street network, ~nd doing an ~nalysis to ~mine what the future LOS wo~ld be, in every single case, Pinder said it was the eam~ ~s w~at he p~ojected in his ~rt, so the project does:not ~ave any material effect on future levels of servloe from the numbers he used in his [ysis. second service that came up was level of service (LOS). Golden had indicated that both the County's adopted LOS the City's LOS was LOS "D". He further stated that one :he goals in the Comprehensive Planning Process for the f, County, Region and State was to provide consistency. P~nder pointed out that Boynton Beach Boulevard lsa :e road. The State standard is LOS "D", as adopted in the fida Transportation Plan in September, 1986. The Regional :eria is the standard adopted by the Treasure Coast [onal Planning Council. They also adopted LOS "D" for :ain periods. In addition, the State allows, under ~ial circumstances, that it can be LOS "E", which is the ~city of a roadway and LOS it is d~signed for. Levels of service "C" and "D" are standards below capacity. "E" is actaal capacity. Mr. Pinder stressed that they are con- sistent with the State's standard. The projected LOS "D" onelsection of roadway on Boynton Beac~ Boulevard east of 1-95. on 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Mr. Pinder pointed out that the County's long term transpor- tation plan is identified in the thoroughfare right-of-way protection plan, and it shows this section of roadway as a six lane divided roadway. The applicant's analysis was not fou poi Dur ind Den Pin cou bas Mr. no lan sai ind all In Sta add acr lef it eac wit req (DC CON I--9 Mr o the des Mr. tod wh~ by be Mr. fa( ~d on it being a four lane roadway. One reason they did recommend a six lane roadway was because of the City ~g on record saying they would ~refer to keep it as a lane roadway. Recommending slx lanes would be ~istent with the County's long range plan, and at that %t Mr. Pinder said there would not be a LOS problem. lng his presentation, Mr. Pinder observed that Mr. Foley [cared that with or without this project, the High ~ity Residential development would be LOS "D". Mr. ~er was in the County's offices today, and the new traffic ~ts for 1987 are out. It is actually today at LOS "D", nd on the 1987 standards. To enforce those standards, Pinder said the Board was really saying there will be nore development because it can be LOS "E" with four ns even today. ther issue dealt with ramps on the Boulevard. Mr. Pinder the projection is that it will be at LOS "E". ~s he icated, LOS "E" is a capacity standard, and the State Dws this level of service under certain circumstances. ~ddition, Mr. Pinder said the applicant has contacted the te to determine whether or not additional lanes could be ed on. the bridge over 1-95. Today,.there is.93~ feet~ ~ss that bridge (two through lanes ~n each direction, turn lanes, and a sidewalk with shoulder.) Physically, is possible to provide an additional through lane in direction. In other words, there could be six ~anes left turn lanes. To do that, Mr. Pinder said it would uire approval from the Department of Transportation and theFederal Highway Administration, since they trol the design standards on that because it passes over Ryder asked if they thought it was feasible to increase number of lanes because, normally, when an overpass is igned, it is designed for two lanes zn each direction. Pinder replied that DOT told them exactly what is there ay (93½ feet). They did not ask the State to tell them ther szx lanes could be built. It is their opinion that working with the Federal Highway Administration, zt would possible to get the six lanes in there. Ryder said that normally, the median would not be a tor. Mr. Pinder advised that a 19½ foot median is there, - 19- MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA DECEMBER 10, 1987 whi lan red Mr. one way At 1 sim thi Cit the tha tra Mr o der all lng cou you pre rut bui Cha the LOS no one Pin Any Int Cha and Mr fac Mr. tat Bea Cou tbs pa¢ pa¢ ~h includes a turn lane and an island. Ten foot turn ~s and four foot medians are acceptable, so it could be aced from 19½ feet to 14 feet there. Ryder reminded everyone that Boynton Beach Boulevard is of the very few highways running east and west all the to 441 amd the turnpike. Otherwise, you have to go to ~nt±c Avenue or Lake Worth Road. If the Board considers ilar projects, they will really be building up to some- ~g, and he explained. In the future, Mr. Ryder said the can ~xpect to get more and more traffic, and he thought Board should consider where development takes place and it does not become too much of a burden as far as !fic is concerned. He elaborated. Pinder argued that something that occurs with retail elopment and office type development is that it is not new traffic. The other thing is that they are imtercept- a lot of traffic that may be going on other roads that id be served here. Anytime ~o6 develop, Mr. Pinder said will generate traff~ic. He ~lluded to the County's jections, which did not show. a problem of service in the ~re and Said part of that is ~that other roads will be it and extended. Mr. Pindar explained. irman Trauger asked if LOS "E" was the total capacity of highway. Mr. Pinder answ:ered affirmatively and said "E" is defined as capacity. Chairman Trauqer asked if matter what is developed, it is close to LOS "D". On the section of Boynton Beach Boulevard, east of 1-95, Mr. ~er said the latest traffic count showed it as LOS "D". thing built on the site will be LOS "D". As far as the rstate is concerned, it is operating at LOS "D" today. rman Trauger referred to the Boynton Beach Task Force developments putting a tremendous impact on the community. Pinder explained how they do traffic projections. Huckle noticed that Mr. Pinder made reference to the that if this were developed as R-3, the LOS would be and she wondered if he had substantiating documents. Pinder did not put that together as part of his presen- ion but said he could show her a traffic count on Boynton ch Boulevard that was issued in November by Palm Beach nty that shows it is at LOS "D' today. Mrs. Huckle stated t was contrary to the information the Members had in their kets. Mr. Pinder explained that the information in the kets was prepared and submitted before the County updated 20 MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA DECEMBER 10, 1987 the traffic data for 1987, and the traffic study he prepared was based on available data at the time since 1986. Mrs Tra ans his Oct cou and tra stu ava Whs rec ref Boy shc whi re~ Kel dar De~ Mrs I-~ tr~ pre r es Wes st Mr LO~ wa~ Set re~ in~ Mr. th Dr · Huckle asked if Mr. Pinder was lmplying~that the City's ffic Consultant's report is as old as 1986. Mr. Pinder ~ered, "No, Mr. Keller's study was completed following review." Mr. Pinder's traffic study was submitted in Dber, 1987. One of the sources of traffic data is the ~t program that Palm Beach County has and that DOT has, he explained. At the time Mr. Keller reviewed the ffic study, Mr. Pinder said the data base was 1986. Both ~ies were prepared in 1987, using the most current data ilable. n they reviewed this the last time, Mrs. Huckle did not all that it was existing LOS "D" at the time. Mr~ Plnder erred the Members to the traffic report he submitted to City. It showed existing traffic. For the length of nton Beach Boulevard from 1-95 to Seacrest Boulevard, it ws a volume of 2,608, LOS "C". This data was from 1986, ch was the count data that was available when the traffic orr was prepared and the data that was available When Mr. let reviewed the studies. Mr. Pinder had a letter ed November 12, 1987 from the Palm Beach Public W6rks artment with the latest information, and that showed re has been an increase on that particular link. · Huckle pointed out that Mr. Pinder was talking about 5 to Seacrest, and the project being addressed for ffic is west of 1-95. Mr. Pinder stressed that the jest traffic meets all of the County, State, and City uirements on every roadway link except for that one. t of 1-95, there is not a problem, as far as meeting the ndards. · Huckle's point was that Mr. Pinder said if the property developed R-3, as currently zoned, it would still be "D". Mr. Pinder agreed that he made that statement. He referring to one piece of roadway between 1-95 tO cr-est Boulevard. That was the only one. In Mr. Keller's ort and in Mr. Golden's presentation, they accurately icated that was the one there was concern about. Foley wished to reserve id hear what some of the y could address them. a closing statement unti~ they concerns of the public w~re, so Jackier asked what the projected number of retail shops ld be. Mr. Foley estimated there would be approximately 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 25. loc gi~ an Fo/ int to bec Chs nu~ afl COE Ma~ un, Mr bu: cer on~ ave re~ Mr. in~ dr5 woL hol pa~ she st( Mr th~ at~ ce! It could be slightly more, depending on where they ate the division. They were asked by a few people to an indication of the types of tenants that have indicated interest in the center, should it be developed. Mr. ey prepared a list of the types of shops that are erested. He stated that they have made no commitments anyone and have not signed any contracts or any agreements ause it would be premature. irman Trauger asked if Mr. Foley was aware of the large ber of vacant shops the City has. Mr. Foley answered irmatively. Nationwide, he said a 12% vacancy rate is sidered as full occupancy. In Boynton Beach, the current upancy rate is 95%, which includes everything from the to the small shops. At any given time, there will be y shops in commercial development. Mr. Foley gave Winn- e moving from one center to another as an example. He ieved that someone had indicated that Oakwood Square was ~y. He believed they only hare one or two bays that are Ceupied. The old Winn-Dixie Center is now 80% pr~-leased. Foley said it is the nature of the business that inesses leave old centers for new centers. The previous ter is renovated and upgraded, and people come into that · It is part of the cycle. 5% is below the national rage and way below the average for Florida. He gave sons for shops becoming empty. Foley told the Members the applicant has received ications of interest from a bicycle store with repair, cleaners, an office supply store, a furniture store that ld be a large user of the site, a delicatessen, m~n's thing store, ladies clothing store, two restaurants, a ~by Shop/toy store, children's apparel, a pharmacy, auto ts store, greeting card store with a gift shop, a record ,p, shoe store, health food store, camera shop, ice cream ,re, bank, and a savings and loan. Foley said some people contacted them with an interest .t they said would be unappropriDte for the site. They ~ interested in a neighborhood center, not a regional ractor. It would not be good for their center, the ghborhood, or the traffic. It would not be in their best erest to attract the kind of traffic that would make the ~ter one that people would not want to go to. 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Mr say Mr. dow bus W-he to lan and Cha Thc cha 443 tha THE at Cha the Wa prc prc fel dis ar e pea mcr den Vic the thi prc ths gus enf prc the a 5 the sts ~4r s or wit prc and Ver Ryder commented about Pineland Plaza and the applicant lng so many tenants were ready to go in. He elaborated. Foley knew they wanted to attract businesses in the ~town, but it is not as attractive to the types of Lnesses that want to locate here as the westerly area is. ~ the west is developed, then the renovation will begin hake place. Cities will become more attractive because d will become more dear. Mr. Foley alluded to Boca Raton West Palm Beach. irman Trauger read a letter from Eleanor K. Roberts and nas Roberts, 131Leisureville Blvd., which protested the nge of zoning. There was also a post card from Jack Reed, Sanderling Circle East, Boynton Beach, Florida 33436, opposed the rezoning. BOARD TOOK A RECESS AT 9:30 P. M. The meeting resumed 9:40 P. M. irman Trauger asked if anyone wished to speak in favor of proposal. ne Scott, 1033 Coral Drive, Treasure Island, said his perty is immediately behind the project. He was for the ect three months ago and was still for it because he it was the wisest use for the land. From the ussions they have had and the concessions the developers willing to make, Mr. Scott thought it would preserve the ce and tranquility of their residential neighborhood far e than if it would go with a three or four story resi- tial zone as now zoned. e Chairman Wandelt asked if Mr. Scott was aware that if zoning was changed tonight, it did not necessarily mean s proposal would be there. He explained that once the perty is zoned Commercial, anything could be put in there t goes in that zoning. Mr. Scott brought up the rantees from the developer and asked if they could be )rced. Mr. Cannon advised that the development of the )er~y would have to conform with the master plan. If applicant was stating for the record that there will be ) foot buffer, it could be imposed as a condition, and master plan would incorporate that buffer. Mr. Foley so ted. Huckle inquired whether Mr. Scott is a property owner renter. Mr. Scott answered that he is a property owner a single family home. His back yard looks out on the )erty. Russell, 1231 Gondola Lane, owns a corner lot at Venice Gondola Lane, and has a finger canal that is part of ~tian Isles. Mr. Russell referred to traffic on Old 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Boy pre ke~ wou st~ th, we. nton Road. He felt this was the best use for the perty. Mr. Russell said the residents' main interest is ping the natural ecosystems there or recreating them sus going in with the high density apartment complex that ld strip all of the land and overlook their homes. A two ry apartment could look into his house or yard because trees along Venice Drive would not block that. With a 1 planned commercial site, it could keep the buffer the it is now. By :he realigning of Old Boynton Road and the rezoning of this shopping center, Mr. Russell pointed out that it will mare it less convenient for people coming through at 40 an hour. There will be a signal light, and traffic wi] through and out the center. It will also lo~k good ve~ us a high rise and will show character to the entrance of City, Mr. Russell expounded and then added that he did not think this center would change Old Boynton Road. He fei the g~owth of Boynton Beach would drastically a~fect Ot, Boynton Road. If Res th It his se~ if ma~ th~ th~ ma: co~ Mr tit ar( wit Th~ it Bi2 th~ pr( the property remains R-3, Mrs. Huckle said it did not essarily mean it would be developed as High Density idential. A lot more protective uses could be used under R-3 zoning, such as a club, single family duplexes, etc. did not mean that it would have to be a three story dominium type of thing. last time they were in this process, Mr. Russell said he, wife, and several others talked to Paul Himmelrigh. It med that it was the consensus of the business min~s that the property did not Stay vacant, it would require the imum units to be put on the project. Mr. Russell thought ~t would be a major point. After elaborating, he said with property where it sits, he was afraid it would reach a imum of 199 units, and he preferred a well planne~ .mercial center. Mr. Russell repeated prior statements. Walshak informed Mr. Russell that under the unified le section of the City's Code, a PCD cannot be changed ,und later on, and the developer would.have to proceed h the proposed development according to the submission.~ .t is why the unification of title is so important and why is done by an Attorney up front. . Martin, 1041 Coral Drive, lives immediately north of proposed center. He supported the previous developer s ~ect mainly because he felt the developer wanted to 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 appease the residents, not only in Treasure Island but all aroDnd, by offering concessions. Mr. Martin was a little disappointed that this developer did not seem to make those typ~s of gestures at first. He expounded ~nd then stated tha~ after hearing what the development said and after loo~ing at the proposed center, he felt, as Wayne Scott and Jay Russell did, that if the project is built similar to el¢ de{ and Ch~ ti Wi in th~ th( th( pr ( hi~ and je¢ Si~ Wa] ye~ be( op~ pe~ Mr wi] PoE Be~ co! mo~ si~ ti( br( He was shown, and if there is the 50 foot buffer, he was favor of the request. Mr. Martin personally preferred an ht foot wall rather than a six foot wall. He thought the eloper kad answered the major concerns of the P&Z Board of the residents in general. no one else wished to speak in favor of the request, irman Trauger asked if anyone wished to speak in opposi- n to the proposal. liam Walton, 308 Venice Drive, Venetian Isle, has lived his home on the E-4 Canal, just opposite the west end of property for eleven years. He stated that residents on water, as well as the people in Treasure Island, are in minority, and it would be in their best interests to ~erve the area. Mr. Walton expounded. When he bought home, he learned this property was zoned Residential, it would be developed Residential, which would not ~ardize his equity. months ago, this petition was not granted, and M~. ton understood this issue could not be brought up for a r. However, by making a few changes, the developer has n allowed to bring this up again. Mr. Walton still ,osed the down zoning as it will disrupt their existing ceful and quiet family oriented life. Walton said the people in the community are concerned opposed to the increase in traffic the shopping center 1 generate. He read an editorial from the Palm Beach t of December 9, 1987 about the quality of air in Palm ch County. Mr. Walton said the residents are still cerned about the increase of traffic on Old Boynton Road, orists exceeding the speed limit, and the lack of ewalks for pedestrians, which creates a hazardous condi- ,n. He explained. Walton also opposed the delivery trucks that will be ,ught into the area and the noise from garbage trucks. expounded and said they do not want their residential ~a turned into another traffic motivating project, adding 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 to another part of the concrete jungle of shopping malls tha.t are not needed and are not essential to the well-being of ~he community. Mr. Walton further expounded about traffiC, loss of greenery and wildlife, and shopping centers wit~ unoccupied stores. He said the residents expect the property to be developed Residential. Mr. Walton elaborated ~nd asked the Members to comply with the desires of the ma-ority of taxpaying voting citizens and vote against the r ec Jo~ Mr th~ bec at Bo~ of B~ez BO5 Ja~ thc r~ m~z t~ BDt Bo~ t~ Ar2 Sh~ op! as} pr~ fr¢ Gal ob,~ uest. ephine Bernard, 400 Venice Drive, bought property next to Walton because it was a residential area. She opposed shopping center, saying it will cause more problems ause of its proximity to 1-95. Mrs. Bernard called ention to emergency vehicles going on Boynton BeaCh levard and the number ~f a~cidents on the Boulevard, off Old Boynton Road. She expounded and told of her ~randson ng hit by a car and another child being hit. Mrs. nard added that shopping centers with ~n entrance on Old nton Road will direct Commercial traffic through the idential areas, and she elaborated. She said the shopping ter will cause more congestion, poll~tion, and mo~e idents, and the location is not feasible for a shopping ter. .es Wilson, 1224 Isles Court, was opposed to this, along h many other people he had talked to. He elaborated on traffic, using the neck of a bottle as an example, and erred to plans for residential and commercial develop- t.from Old Boynton Beach Road and Boynton Beach Bpulevard Military Trail and 441. Mr. Wilson referred to ~eetings ~ut growth and water problems. He said Boynton Beach levard will be solidly filled with traffic that will be ,elievable, even if it is widened. Mr. Wilson urged the .rd to turn the request down because it will cause ~mendous problems traffic wise. He made further comments. ine Bernard, 302 Venice Drive, lives on the E-4 Canal. ~ showed the Board a petition with 1,029 names of people ,osing the rezoning and the proposed shopping center, and ed the Board to return the petition so that she gould ~sent it to the City Commission. Chairman Trauger asked ,m what areas the n~mes were gathered. Ms. B~rnard wered, "Treasure Island, Venetian Island, Le~sur~ville, Skylake." Lehnertz, 619 S. W. Second Avenue, Lake Boynton Estates, erved that enough had been said about the traffic, but 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 he sta cer the co~ res iht But Mr arc is wa.~ As ~ th( ret ci~ st~ woL on pe~ th( ce! Mr pe~ As th~ re( fa{ re( Ed~ la.~ st( in~ wh~ 10( felt it would be atrocious. He referred to Mr. Foley's tements that it would be a great site for a commercial ter. It is right off of 1-95 and is a straight shot to downtow~ and the mall. Mr. Lehnertz said the same thing ld be said for Residential. The fact that it would be a idential area would mean that it would bring residents o the area, which would go shopping in the Central iness District and the mall instead of pulling shpppers ' from those areas. Lehnertz asked that the overlay be put back on the wer, and he indicated the residential and commercial as, emphasizing that the whole area around this property residential. It seemed to him the logical thing ~o do to keep this Residential, as opposed to "plunking" a pping center among all of the residential units. a member of the Board of the Lake Boynton Homeowners ociation, Mr. Lehnertz conveyed the Board's feelings that Homeowners Association would like to see this remain a idential area. Wische, 1302 S. W. 18th Street, was representing the izens of Palm Beach Leisureville. After expounding, he .ted that he did not believe the proposed shopping center ld be the answer to the community's needs. The traffic Boynton Beach Boulevard will be enough to destroy the .ce and tranquility of the communities surrounding the ~ping center. Mr. Wische urged the Members to ask ~selves whether the City really needs another shc~pping .ter with empty stores like those that exist now. Wische elaborated about traffic, pollution, and the ition with over 1,000 signatures of concerned citizens. a representative of Palm Beach Leisureville, he ~sked .t the record show that they are opposed to the zoning uest. Mr. Wische trusted that after weighing all of the .ts, the Members would bring in a vote of denial on the uest. Walton, 308 Venice Drive, reminded the Members that the .t time she spoke, she gave an accounting of the ~mount of ~res that were to be occupied. In the interim period of : months, the situation nas intensified. In taking an entory, Mrs. Walton and her husband found a new problem, ch was the empty shopping centers the City is being left h. After giving locations, she said they found about 000 square feet of empty stores. In Sunday's P~lm Beach 27 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Pos eve bet bea are Bec sai and and Wha ten the The Pr c Mrs Cen Boy the bel Wal bac Job ha/ his str AE and the As re Mr Mr s otk of sar ale are to hat the the ~, there was a two page article on the existence of the c increasing number of empty malls and the competition ~een developers. Mrs. Walton said there were pmctures of atiful empty malls in the Lake Worth and West Palm Beach Ls struggling for survival. Luse the market is so saturated with malls, Mrs. Walton ~ developers have to make concessions to attract tenants, she explained. She said what is happening in Lake Worth West Palm Beach is becoming a reality in Boynton Beach. ~ Boynton Beach is seeing is a transfer of existing mn~s ~rom one mall to another. What it boils down to is developer that gives the most gets the most tenants. articl~ i~ the PostJconfirmed the struggle in the tenade, whmch has 14 or 15 vacant shops. . Walton re~erred to empty stores at the Boynton Trail er, and six stores tha% ~,oved or are out of business at nton Plaza. She named other shopp,lng malls in stressing number of them mn the ~lty and saxd the City now ieves Cross Creek was a mmstake in down zoning. ~rs. ton quoted from the newspaper and urged the Board to hold k on this shopping center and any other until such time it will be needed arid located where it is needed. n Flani~an, 1212 Old BoYnton Road, said his property is fway b~tween the corner a~d Congress Avenue. He built house ten years ago, hoping to have peace and quiet. r the last two years, Old Boynton Road has become a busy eet, and Mr. Flanigan talked about the traffic there. ig piece of land is across from his house between there ~otorola, which will be developed some day. Mr. nigan wondered what will happen then, and he requested Members not to change the zoning. no one else wished to speak in favor or opposition to the uest, THE PUBLIC HEARING WAS CLOSED. Foley stated that the developers had met with Mr. and · Walton, and Mr. and Mrs. Walton indicated these and er problems to them. He thought they had addressed some their problems. One that Mr. Walton brought up was a ety factor. Mr. Foley agreed there is a safety problem ng there, and he made it a part of the record that they willing to build a bike path along their property and extend that bike path as far as the City would care to e them extend it, up to and including the area in which y live, if that would help the safety of young people travel along that road. - 28 - MINI~TES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Mr. Walton indicated that they are here for a quick profit, and Mr. Foley stated that their projections do not show a qui~k profit. They are in it for the long term and expect the project to be a long term one. Mrs rei He of be wou sew as Mr. all or the par the emp big In be · Bernard also indicated a safe~y problem. Mr. Foley ~erated his promise to put in bike paths or sidewalks. ~as interested in Mr. Wilson's comments about the impact ~he center on the water supply and sewage. Should this ~eveloped R-3, Mr. Foley said the projected use of water kd be six times what it would be for Commercial, and ~ge would be three times what it is for their project, ~videnced by the'City's staff report. Foley aSked Mrs. Bernard to say, for the record, whether of the petitions were new since the last presentation ~hether some of the last petitions were included among ~e. He believed 300 and some names were presented as ~ of the last presentation. Mrs. Bernard assured him ~ were brand new and a 10t of work. She explained and ~asized that the people who si~ned the petition were hly against it. response to Mr. Lehnertz, Mr. Foley asked that the graphic displayed again, and he pointed out the residential and comnercial areas. Mr. Foley called attention to the fact tha~ the site has been zoned Residential for as long as any- one, can remember but is inappropriat~ for Residential develop- men~. What belongs there is Commercial for the same reasons Mr.~Lehnertz stated. Mr. Foley informed the audience that the~City's Ordinances and policies indicate that Commercial shoUld be placed on major thoroughfares, especially at intersections with arterials. That exact condition is here, and the property is very appropriate for Commercial. Wit he Mr. had lot Mr. Mr. las Mr. wo~ Mr. pet and ~ reference to Mrs. Walton's comments, Mr. Foley thought had adequately discussed empty stores, and he explained. Culpepper was confused by Mr. Wische's comments, as he been at Leisureville. He was sure Leisureville had a of representatives, but he was under the impression that Jim Torbitt was the Chairman or President of the Board. Culpepper had discussed the project with Mr. Torbitt t week in an effort to go before the general membership. Torbitt told him that the next general membership meeting ld be the 23rd of this month. Mr. Torbitt also reminded Culpepper that he had spoken in favor of the previous it~on on this site, on behalf of Palm Beach Leisureville him as Chairman. 29 - MINUTES - PLANNING & ZONING BOARD BOYlgTON BEACH, FLORIDA DECEMBER 10, 1987 Mr . th~ re¢ sa~ Cu] if r e~ and abf Mr. Mr Mr th pr( mot ca~ abc DeE Bo~ Mr To~ no~ thc No~ Mr the she st] wh~ cit wa~ po~ ca~ go: sp~ Bo~ Wische interjected that was wrong, and he emphasized Mr. Torbitt spoke as a private individual. For the ord, Mr. Culpepper could only relate what Mr. Torbitt d. Mr. Wische told him to read the minutes. Mr. pepper repeated his prior statements and suggested that Mr. Torbitt is Chairman, he must be there for some son. Mr. Torbitt had asked him about the landscaping, Mr. Culpepper explained to him what Mr. Foley had said ut the.landscaping on the front. M~. Torbitt had assured Culpepper that he had no problem with the project. Wische wished to respond to Mr. Culpepper. Foley brought up the fact that the City staff indicated center would mean as many as 400 jobs. R-3 would not vide any jobs, but people moving to those new units would t likely be seeking j0b~ This pZope~ty would si~nifi- tly add to the City's t~x base by adding money ovDr and ve R-3. Mr. Foley s~idi~hey w~l cooperate with ~rban ign t0 add 1,600 feet o~beautilfication in compliance with ~y's Beach Boulevard. The as indicated in their ~ter and safe~I tzaffic control. Enter- ~nd Oldl Boynton Beach ~bad will M~. Foley asked that the a PCD. Lee Wische informedMessrs. Culpepper and Foley that he the one who recommended they get in touch with Y~r. bitt to set up a meeting with the people of Leisuzeville, as Dennis Koehler did in workshop meetings. Tha~ way ~y could give the people input and get a fair evaluation. hing was said about the ne~t ope~ Board meeting. Mr. che said Mr.' Torbitt could have set that date up at any ~e in the clubhouse. Wische emphasized that Mr. Torbitt is the Chairman of Board. Mr. Wische represents the people at m~ny work- ,p meetings with their Board when there are proolems. He essed that he and Mr. Torb~tt are on great grounds, but :n Mr. Torbitt spoke the last time, he spoke as a private izen. Mr. Wische apprised the Members that Mr. Torbitt not representing the Board because they cannot take a itical stand. They have to be neutral. Mr. Tor~itt led Mr. Wische on December 8th to ask if he (Wische) was ng to represent the people. Mr. Wische said he would ~ak for Leisureville. In that case, Mr. Torbitt said the ~rd would stay neutral and not say anything. 30 - MINUTES - PLkNNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Mr. Walshak commented that Mr. Foley did not understand what Mr. Wische said, but he (Walshak) did. Mr. Ryder noted that the Planning Department recommended that this be denied. When they have to choose in rezoning fr~m Residential to Commercial, he felt two important faqtors were involved. ~1 was what the impact would be on th~ adjacent residents. ~2 was the degree additional traffic would be generated. Mr. Ryder felt these two categories applied very much here. Because of that, he felt it|difficult to go along with the request. Mrs it it to ckle believed the City's Comprehensive Plan was a !red thing because it was not a~rived at easily, and When the City sets up its Comprehensive Plan, with a great deal of thought and input. She the property has be~n sitting as an R-~ parcel .ed that, to this point, n~body, has recommended that lld be chan~ed. In her opinion, it takes a lot to a Residential parcel to Commercial, and Mrs. Huckle seen anything in this presentation or the fo~mer one her that the City could accrue any advantage to the zoning. If th( ex~ An~ ma~ wol wi~ a ( an( th~ Mr Pi~ ad( Di] ca1 there is not a good reason to change zoning, Mrs. Huckle ~ught they should stay with the Comprehensive Plan. After ~lai~ing, Mrs. Huckle stated she could not see any reason ~he change in zoning. In addition to that, Mr. unziato had pointed out in his comments that if the ter plan for this project is approved as proposedI, it .ld allow for a fast f~od restaurant with a drive through .dow at the out parcel site, which would not even call for ~onditional Use approval. Mrs. Huckle felt that was ,thsr thing to be considered in the project. She believed request should be turned down. Ryder moved that the request be DENIED, based upon the .nning Department's report (memo dated December 4, 1987, .ressed to the Board from Carmen Annunziato, Plan~ing ector.) Mrs. Huckle seconded the motion, and the motion ried 7-0. LAND USE ELEMENT AMENDMENT 8. Project Name: Agent: Hathaway Park, Lots 11 through 20, Block E Carmen S. Annunziato., Planning Director City of Boynton Beach 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Location: Description-. East side of Florida East Coast Rail- road right-of-way, between S. E. 8th Avenue and S. E. 10th Avenue Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Medium Density Residential" to "Local Retail Commercial" to permit those uses allowed in the C-3 (Community Commercial) zoning district in connection with implementation of the Comprehensive Plan EValuation and Appraisal Report Mr. Cannon read from the memo da'ted November 30, 1987, addressed to the Board, from Mr. Annunziato, which said the rez0ning from C-3 to R-2 was proposed by the City staff in order to implement the Comprehensive Plan of 1979. In 1980, the~City Commission declded~nct to rezone the property from C-3/to R-2. In the E&A re~0rt,prePared in 1986, it was again recommended that thi~ rOW of lots be rezoned to R-2. The Board and City Commiss~on adopted that as part of the E&A report. However,~when. thelrezoning hearing came up, both the Board and City Co~ission looked closer at gondi- ticks in the area and the ~i%~ility of the row of lots for residential use, and it was decided by both the Board and the for con Cit whi For and A~ tak her int bei FEC add to cau City Commission that this ~ow of lots was more s~itable Commercial use. To bring, ~he Futur. e Land Use Plan into formity with the zoni~ng ~th~ thought was desirable, the y went back to the Land ~s~ PIan Amendment proced6re, ch was what the Board w~s doing now. the audience, Mr. Cannon explained that the time table the advertising requirements are required by Sta~e law. roperty Owner h~d a~ked~why the City Commission did not e action on the Land Use Plan with the change of rezoning e. Mr. Cannon thought they would see some type of low ensity warehouses with some~wholesale and retail uses ng developed here. A 30 foot right-of-way is along the tracks, and that would have to be improved. Possibly an itional right-of-way would possibly have to be dedicated the City in order to meet City standards before the lots be developed. In ~he revision to the zoning text, which the City Commission will.be considering in January, Mr. Cannon said there is a provision for allowing wholesale use in the C-3 zoning district within 300 feet of a railroad track. However, that has to be a Conditional Use, and it could only involve inside 32 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 sto lot req hay eas Mr. tha den the fay spo in CLO Mr o Pla mak Pla mot ~age. No outside storage would be allowed. Also, if the ~ are to be developed, a six foot buffer wall would be aired along the rear lot lines, and any lighting would to be directed away from the residential lots to the Cannon said the Planning Department was recommending the land use be changed from the Medium Density Resi- ~ial category to a Local Retail Commercial category. [rman Trauger asked if anyone wished to speak in favor of request. To save time, someone in the audience was in Dr of the request but declined to speak unless someone ce in opposition to the request. No one wished to speak ~pposition to the request, and THE PUBLIC HEARING WAS ~ED. Ryder moved to approve the request, based on the ~ning Department's report dated November 30, 1987, and to a finding that it is consistent with the Comprehensive L. Vice Chairman Wandelt seconded the motion, and the on carried 7-0. LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Location: Description: Watersedge and adjacent parcel Carmen S. Annunziato, Planning Director City of Boynton Beach East side of North Federl Highway, between Shooter's Restaurant and Boat Club Park Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Local Retail Commercial" to "High Density Residential" and rezoning from C-3 (Community Commercial) to R-3 (Multi-Family Residential) in connec- tion with implementation of the Compre- hensive Plan Evaluation and Appraisal Report Mr Cannon explained the overlay and said it was the same one th~y used for the hearing in July. The C-1 application was fo~|Shooter's Restaurant and the vacant lot to the south, and/that was rezoned from C-4 to C-3. The C-3 application was~the front part of Boat Ramp Park, which was rezoned to Recreation. Tonight, the Board was considering C-2, which fro~ts approximately one-third of the Watersedge development. 33 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 Then there are two vacant lots north of Watersedge owned by Shooters of Boynton Beach. The front third of Lots 8 and 9, owned by Shooters, is currently zoned C-3. The proposal was to Itake that C-3 frontage from those two lots Shooters owns and from the Watersedge development and to rezone it to an Mr. ch~ De~ Co~ raj owI re( re~ Ch~ th~ ti~ wi~ th~ Ch~ Sh( Sh~ Ch~ th~ Mi} th~ sa2 st~ it to co! Mr ca! be category. Cannon said the application also included a proposal to age the land use from Local Retail Commercial to High sity Residential. In the E&A report, which the City .mission adopted in 1986, the Future Land Use Plan that included in that E&A report showed this land use change. ~ver, since the lawyer for Shooters of Boynton Be~ch sed the question that the advertisemen~ for the t~o lots ~dlby'Shooters may not have complied with the statutory uirements, on th~ advice of the City Attorney, the City idvertised both the Land Use Amendment and the RezDning. irman Trauger asked if Shooters of Boynton Beach was ified of this hearing. Mr. Cannon replied that all of ~ property owners within the area covered by the a~plica- were notified by mail, as well as all property owners bin 400 feet. The City has also run advertisements in ~ Palm Beach Post on three occasions in compliance with .t~tory requirements. .lrman Trauger was not at the meeting, but he thought ~oters had v~olently obNected, and he wondered why they · not have anyone here. No one was present to represent ,oters. .~rman Trauger asked if anyone wished to speak in favor of request. e Greenhouse, 618 N. E. 20th Lane, Watersedge, thought ~y went through this about six months ago, and the resi- sts of Watersedge were very happy with the results. He d they still feel the mastez plan that was drawn up was 11 something they would like to see followed. They feel · s a very good plan, and they definitely wanted the Board vote for the zoning change. The residents were very ~cerned because the opposition was not present tonight. Greenhouse informed the Members that a number of people ~m Watersedge still frequent Shooters, and see Roland, who ~e forward at the meeting in July with a plan for a resi- ~tial community to be built in the area now zoned R-3, to · ncorporated with the area zoned C- 2. Subsequently, - 34 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 She thc thc Mr. cha and in be He Cha wit has Cit app iht be Dec If app the Res not tal Cas sai cat app Lis sin whi tia In to Cyn oters denied knowing who Roland is. Roland is still at oters, calling himself the manager. Mro Greenhouse ught Roland's Attorney said Roland has nothing to do with organization (Shooters). Greenhouse emphasized that the residents want the zoning nged. He referred to residential neighborhoods close by saw no reason why they should allow any Commercial to go there and destroy any potential for a Residential area to built on two-thirds of the property closest to the water. urged the Board to follow the master plan. irman Trauger heard the City was trying to do something h this for a park. Mr. Cannon informed him that Shooters offered to s~ll all three of the lots they own to the ~. The City Commission has hired an appraiser to ~aise the property. Chairman Trauger asked if a change zoning would affect the appraisal. Mayor Cassandra e~jected that the City r~ceived the appraisal and it will ~lscussed at the Commission's meeting ~n Tuesday, ember 15th. the Board votes to rezone the property from C-3 to R-3, Walshak asked if that would adversely affect the ~a~sal, as the appraisal was based on a certain amount of property being Commercial and a certain amount being [dential. Commercial is more expensive. Mr. Cannon did think it would affect it that much, as they were only {lng about 1/3 of the property. It was late, and Mayor ~andra did not want to take up the Board's time, but he ~ a price was asked for the property. It was not predi- ~d on the appraisal. Mr. Cannon advised that the .aisal was based on the exilsting zoning. · Landis, 620 N. E. 20th Lane, Watersedge, said she is a ~le woman, living alone, and they do not need Commercial, _h will breed crime in the area. Changing it to Residen- [ would keep the trend towards improving Boynton Beach ~eeping with the Comprehensive Plan, she asked the Board ~ecommend the rezoning. :hia Greenhouse, 618 N. E. 20th Lane, Watersedge, felt the same way as they did when she addressed the Board awhile ago. She referred to Lakeshore Inlet Harbour and a lot of residential areas along U. S. 1. Ms. Greenhouse thought Federal Highway might bring to mind Commercial, but their area is unique because it borders the water. They have the opportunity to develop a beautiful community. 35 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1987 In the event the top R-3 cha Ms. tak to ult pot was but Des dis has res Sin ed9 rec frc As PU~ Mr. r e~ of sec ADJ The th~ 1/3rd of the property is not rezoned to in conformity with the balance of the property, the nce of that ever being developed Residential is minimal. Greenhouse was concerned that Shooters would somehow e action on ~he property in its present Commercial form build something, and they feel that would ~ompletely late any possibility of the balance ~f the property imately being developed as the beautiful community it entially could be. She recalled that an actual rendering actually presented to the City Commission in July, 1986, it never materialized. pite this is on the agenda for the City Commission to cuss, Ms. Greenhouse said nothing is definite. The City not committed to purchase the property, although the idents of Watersedge would like to see a park there too. ce it was on the agend~ tonight, the residents of Waters- e felt the Board should go forward with their previous ommendation to follow the Comprehensive Plan and rezone m C-3 .to R-3. no o~e wished to speak in opposition to the request, THE LIC HEARING WAS CLOSED. Ryder moved to approve the request, based upon the crt from the Planning Department, and to make a finding consistency with the Comprehensive Plano Mrs. Huckle onded the motion, and the motion carried 7-0. 0URNMENT re being no further business to come before the Board, meeting properly adjourned at 11:10 P. M. Pa Rec ricia Rams eyer ording Secretary Four Tapes ) 36 -