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Minutes 12-09-86MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNHON BEACH, FLORIDA, TUESDAY, DECEMBER 9, 1986 AT 7:30 P. M. PRESENT Walter "Marty~ Trauger, Chairman Garry Winter, Vice Chairman George De Long Marilyn Huckle John Pagliarulo Simon Ryder Robert Wandelt Leonard Mann, Alternate William Schultz, Alternate Carmen Annunziato, Director of Planning Tim Cannon. Senior City Planner Jim Golden, Assistant City Planner Chairman Trauger called the meeting to order at 7:30 P. M., introduced the Board Members, Mr. Annunziato, Mr. Cannon, Mr. Golden, and the Recording Secretary. He recognized the presence in the audience of Vice Mayor Carl Zimmerman; Councilman Ezell Hester; Owen Anderson, Executive Vice President of the Greater Boynton Beach Chamber of Commerce; Bob Fauser, an interested citizen; and Enrico Rossi, Chairman of the Codes Enforcement Board. MINUTES OF NOVEMBER 12,. 1986 Deutsch-Ireland Application Mr. De Long called attention to the 7th line in the first paragraph of page 10, re the application of Deutsch-Ireland Properties, where it begins, "Mr. De Long pointed out . . ." and recalled that he said the insurance climate in Florida at present makes it much more difficult. He thought he went on to say that William Gunther, Insurance Commissioner, State of Florida, has made it so that companies have left the State, and it would be more difficult for Mr Zimmerman and his organization to secure such bonding. Mr. De Long recollected that he went on to point out that he felt the Planner had exceeded the perimeters he had to impose upon this particular developer. As George Zimmerman, Vice President of the development, wanted the Board polled to indicate how. the Board felt about this bonding, Mr. De Long remembered that he said to Mr. Zimmerman that he was sure the Council would read the minutes and at least get the sense of feeling of the Board Members about the imposition of bonding of the littoral landscaping they were talking about i~ the issue. He wanted the minutes to be corrected to show t~at he said exactly the opposite of what the minutes quoted hilm as saying. - 1 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 (A verbatim excerpt of this section of the minutes of November 12, 1986 is attached.) After more discussion, Mr. Ryder moved to approve the minutes as corrected, seconded by Mrs. Huckle. Motion carried 7-0. AGENDA APPROVAL Housing Element Consultants Selection Committee Chairman Trauger wished to make an addition to the agenda and explained that it was requested that a Planning and Zoning (P&Z} Board Member be appointed to the Housing Ele- ment Consultants Selection Committee. As reported in the past, Mr. Annunziato said the City will receive $35,000 from the State. The Council has provided for the City staff to go forward with a request for proposals for Consultants to do the housing element. Mr. Annunziato continued that the City staff has done that, and they are formulating the Committee which will be composed of a member of the P&Z Department, a member of the Building Department, the Executive Director of the Department of Housing and Community Development of Palm Beach County, a representative from the City Manager's Office, a representa- tive from the Local Planning Agency (LPA) of the P&Z Board, and a Council Member. Mr. Annunziato asked that the Board appoint a Member to the Committee. Mr. Ryder and other Members expressed that Mr. Wandelt would be a good choice. Mr. Annunziato anticipated that there would be three hours of review of resumes, etc. submitted by Consultants and a meeting of two hours at which a short list would be created from the materials received from the Consultants. The Committee will then interview three or four Consultants, which will probably take one hour for each Consultant, and come up with a priority listing for the Council. Mr. Annunziato estimated they were probably talk- ing about a total of eight or nine hours which will occur over a period of 2½ to three weeks. He confirmed Mr. Wandelt's statement that the meetings would probably take place during business hours. Mr. Wandelt was appointed by acclamation as a Member of the Housing Element Consultants Selection Committee. - 2 - MINUTES - PLANNING & ZONING BOARD BOIrNTON BEACH, FLORIDA DECEMBER 9, 1986 ANNOUNCEMENTS None. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS REZONING 1. Project Name: Agent: Owner: Location: Legal Description: Description: Cross Creek Centre Kevin McGinley Land Research Management, Inc. Steven Rhodes, Trustee North side of West Boynton Beach Boulevard, east of Congress Avenue See "Addendum A" attached to the original copy of these minutes. Request for an amendment to a previously approved land use amend- ment/rezoning application to allow for the addition of~ a .74 acre parcel adjacent to the L.~.D.D. L-24 Canal to be utilized in part for a landscaped buffer Mr. Golden read Mr. Annunziato's memo of December 5, which was addressed to the Board. (See "Addendum B" attached to the original copy of these minutes.) The Planning Department recommended that the request be approwed, subject to previous staff comments and commitments made on the part of the applicant. Mr. Wandelt questioned whether the new boundary was from the shore line back. Mr. Golden replied that the applicant's northern property line is immediately on the south side of the waterway for the canal, and that would include the 30 foot addition. Mr. Ryder noted that planned objective was to provide for a green belt and was informed the parking would be!pushed further south, away from the canal. Mr. Golden told Mrs. Huckle he thought the trees would come about five feet further north. Mr. De Long pointed out that the!buffer actually makes the project move the parking further south. Mr. Golden agreed that the office remains - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 the same, but with the retail, the buildings were shifted somewhat to the south. He confirmed Mr. De Long's statement that the buffer area is being added on the north. Overall, Mr. Golden said it would change the master plan very little because they could not extend all the way north into that area because the easement is held by the Lake Worth Drainage District (LWDD). Mrs. Huckle asked if the applicant purchased the land. Mr. Golden answered that they received a quit-claim deed from LWDD. There was discussion as to how people can pick up public land. In certain areas, Mr. Golden said LWDD allows the canals to be culverted in return for an easement in a quit-claim deed of the canal right-of-way to various developers. There was discussion about other properties. Kevin McGinley, President, Land Research Management, Inc., 1280 North Congress Avenue, Suite #106, West Palm Beach, Florida 33409, said the only reason they came back before the Board was for the 30 feet of green area, which would give them a little bit of breathing room. The site is over 1,000 feet long, and Mr. McGinley said they were now looking at a depth of 190 feet. Mr. McGinley wanted to make it clear that they were not changing the square footage that was originally approved, any of the uses, the number of parking spaces, or anything like that. It was strictly for a landscaping area. In other words, Mr. Ryder said they were increasing the buffer. Mr. McGinley agreed and said they we!re getting a little more breathing for parking and traffic movement inside. Mr. McGinley wanted to bring up one thing they did not bring up at the time they brought the application in. That was the condition that they dedicate seven feet from Boynton Beach Boulevard. Since the meetings they had back in the summer, they received correspondence from the County and Utility Department stating that they have no need for the seven feet. He presented the letters to the Board and asked for relief from that one condition so they will not have to dedicate the seven feet, since nobody seems to need it for a road right-of-way or any utility lines. That will also give them more breathing room. Mrs. Huckle asked about the quit-claim deed with the LWDD. Mr. McGinley replied that the restriction on the quit-claim - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 deed says the trees will be planted on the original line of their project, not on the LWDD property. The LWDD property will only be used to sod so the LWDD can have full access to maintain the canal, if necessary. Mr. McGinley did not know of any money changing hands in the agreement. It was his understanding that LWDD could never prove that they had any claim to it to begin with. It was always written on the maps as being theirs, and the LWDD just quit-claimed it. Mr. Annunziato assured Mrs. Huckle that documents were on file to substantiate that. Mr. Annunziato asked if the plan accommodated the seven foot dedication. Mr. McGinley believed the plan before the Board did not show the seven feet. Mr. Annunziato asked what would happen if the applicant had to dedicate the additional seven feet. Mr. McGinley imagined they would have to rework the plan, but he was not too sure on that. Mr. Annunziato was uncomfortable, even after reading Mr. Walker's (the County Traffic Engineer) comments, and was uncomfortable suggesting to the Board that the additional seven feet was not required. He recalled that the thorough- fare element of Palm Beach County's Comprehensive Plan requires a 120 foot right-of-way for Boynton Beach Boulevard. Mr. Annunziato stated that it was very extraordinary on the part of the County Traffic Engineer to suggest that the right-of-way not be dedicated. He wanted an opportunity to review that with the County Traffic Engineer. Mr. Annunziato continued that certain conditions were enumerated in the letter that he was not privy to, and he wished to be able to review the letter with the County Traffic Engineer so he could fully understand the situation. In all the years he had been in Boynton Beach, Mr. Annunziato had never seen this. Mr. De Long pointed out that Mr. Annunziato probably would not even have known about it if Mr. McGinley had not mentioned it. Mr. De Long asked Mr. McGinley if he had any problem with the approval of this with the idea that it may be incumbent upon him to go along with the seven feet. If they had to live with the seven feet, Mr. McGinley responded that obviously, they would have to live with it. They were required to show the seven feet on the original plan they had. Mr. De Long proposed that if it was approved tonight, it would be apProved the way they did originally (With the - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 seven feet). If there is any change, it can be negotiated. Mr. McGinley agreed and commented that he did not know when the proper time would be to bring up the seven feet. That was agreeable with Mr. Annunziato, as it would give him time to speak to Mr. Walker and fully understand the conditions of the letter. Chairman Trauger understood a permit had been approved for the six laning of Boynton Beach Boulevard. The main contention in going from four to six lanes was whether the right-of-way was clear in all cases. That was what bothered Chairman Trauger with this. Mr. Annunziato agreed' and reiterated previous statements. He added that he needed more time to answer. Mr. Ryder was informed that the right-of- way at the Chevron station is ten feet. Mr. Annunziato did not believe there were any staff comments. The impacts did not change, and he said their reports were limited. Chairman Trauger asked if anyone wished to speak in favor of the proposal. There was no response. Chairman Trauger asked if anyone wished to speak against the proposal. Vice Mayor Zimmerman drew attention to the fact that presently, there is no sidewalk on the north side of Boynton Beach Boulevard, and he thought they should make sure that enough right-of-way is allowed there for at least sidewalks. Vice Mayor Zimmerman said the south side of Boynton Beach Boule- vard was cheated on sidewalks, and it is crowded. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mr. De Long moved that the application be approved with the proviso that the applicant understand that the Board was not approving his plan as demonstrated, which did not include the seven feet, and that the Director of Planning would have time to review the letter he received, with regard to the letter of July 3rd from the Board of County Commissioners, to determine whether or not the seven feet is needed. Mr. Wandelt seconded the motion. Mr. Annunziato asked if they were to presume that all other commitments and staff comments made on the original plan were also included. Mr. De Long and Mr. Wandelt answered affirmatively. A vote was taken on the motion, and the motion carried 7-0. - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 B. SUBDIVISIONS PRELIMINARY PLATS 1. Project Name: Agent: Owner: Location= Legal Description: Description: Quantum Park at Boynton Beach George W. Zimmerman, Vice President of Development Deutsch-Ireland Properties West side of Interstate 95, between the Boynton Canal and Miner Road extended See "Addendum C" attached to the original copy of these minutes. Request for the approval of the master lighting plan for the public and private rights-of-way within the Quantum Park Planned Industrial Development Mr. Golden read the memorandum from Mr. Annunziato, dated December 4, 1986, which was addressed to the Board. The Technical Review Board recommended that the master lighting plan be approved but that the request to substitute metal halide lighting be denied. Mr. Golden read the reasons for the recommendation, which were the last two paragraphs in the memo. (See "Addendum D" attached to the original copy of these minutes.) Chairman Trauger wondered if this was the same "rhubarb" the Board had with Bud's Chicken on lighting. The Members informed him it was McDonald's parking lot, and not Bud's. Mr. Annunziato agreed with Mrs. Huckle that this was on a much bigger scale. Mr. De Long asked if Mr. Annunziato knew whether it was less expensive to have sodium vapor lighting. Mr. Annunziato answered that you get about 11% more light for your dollar with sodium vapor lighting and added that there are very substantial savings in terms of maintenance. As a matter of fact, one reason people are converting to sodium vapor is that there might be as much as 15% reduction in the cost to maintain the system because the fixtures last longer. In addition to the up front energy savings to the public, there are additional maintenance savings to the person who has to continually pay the cost of maintaining the facility. Mr. Ryder advised that when the Downtown Review Board went through this, they found Florida Power and Light Company - 7 - MINUTES - PLANNING & ZONING BOARD BoYNToN BEACH, FLORIDA DECEMBER 9, 1986 would not maintain metal halide equipment. Mr. Annunziato informed Chairman Trauger that the apricot/orange light is sodium vapor. Mrs. Huckle wondered why private developers were pushing for metal halide. Mr. Annunziato thought the answer to that would be aesthetics. George Zimmerman, Vice President of the Development, Quantum Park, 2455 Sunrise Boulevard, Suite 1106, Fort Lauderdale, Florida 33304, informed the Members that their decision to go with metal halide type lighting was a question merely of aesthetics. They are investing $2,000,000 in right-of-way landscaping, and the landscaping is entirely washed out and dead looking under the apricot/orange light. They need to highlight water features and landscaping. Mr. Zimmerman continued that the lights would be installed entirely by Quantum Associates, and the maintenance and oper- ations of the lighting are to be paid for entirely by the property owners associations for the park. Mr. Ryder asked if that also meant in the public rights-of-way. Mr. Zimmerman answered affirmatively and added that this was a totally different character from a situation where you may have the loss in efficiency being paid for by the public body, because the applicants would be paying for their own loss of efficiency. Mr. De Long had asked whether it would cost more for sodium vapor or metal halide lighting. Mr. Zimmerman advised that they would need more fixtures and poles with the metal halide system, so the heavy cost would be the pole. The installa- tion cost is greater with metal halide than with high pressure sodium, so they are putting in a more expensive system. Mr. Zimmerman continued that they are required to pay for electric useage by a meter system rather than the standard FP&L payment per pole they would normally charge the City for a subdivision of this nature. He believed all of these factors started to weigh in their behalf with respect to providing the lighting. Mr. Zimmerman said there is a spectrum of light fixtures with incandescent being the least efficient and low pressure sodium being the most efficient, but high pressure sodium is the second highest and most efficient light source. If you get down to the very specifics of the bulb itself, high pressure sodium gives 110 illumines per watt, and the metal halide light they were recommending for use gets 92 illumines per watt. That on a direct fixture to fixture comparison is - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 about a 16% variance. Based on a lighting plan they would have to do for high pressure sodium, there would be an 11% difference. Mr. Zimmerman wished to incorporate into the minutes that Sylvania metal arc lamps provide a more natural looking, brighter light than either sodium or mercury vapor lamps. Since almost all colors are present in this white light, colors are rendered more vividly to the viewer. Therefore, metal arc and super metal arc lamps are recommended wherever excellent color rendition is required. Mr. Zimmerman emphasized that Sylvania makes all of the lights (mercury vapor, incandescent, super metal arc, etc.). Because these lights emit light in the red and blue wave links, Mr. Zimmerman said they are ideal for horticultural plant growth and interior landscape lighting applications. Super metal arc lamps extend the advantage to nearly 100% over mercury vapor lamps, and deliver up to five times more light output than equal wattage incandescent lights. When the energy element was passed in the City, Mr. Zimmerman thought there was discussion of changing a lot of light fixtures from the incandescent lighting to high pressure sodium, which is about six times more efficient. This lamp is about five times more efficient. The point Mr. Zimmerman wanted to make was that they were not going from the top of the spectrum to the bottom, but were taking one notch lower than the best. Mr. Zimmerman referred to language quoted about the energy element of the plan in the packages the Members had and said, in two instances, it mentioned energy efficient plans and then went on to say high pressure sodium. He thought this was a very highly efficient lamp and said it fits the same category. However, it was not high pressure sodium. Mr. Zimmerman said the reason a lot of people are coming before the Board asking for this is because there is a tremendous difference in the light quality for metal halide and high pressure sodium. Although energy consumption is a consideration, he said it is not the only consideration and there should be room for aesthetics to come into play. If you look at some of the major things that have been approved, such as Boynton Mall, they have metal halide light- ing rather than high pressure sodium. The difference can be seen by seeing it at night versus its neighbors' lighting. - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Ryder felt the mitigating circumstance here were that the applicant would be responsible for maintaining the public rights-of-way as well as the private, public rights-of-way because FP&L will not do that. However, he thought the energy element was an important part of the plan. That was why they were running up against a problem. Mr. Zimmerman argued that they were looking at an 11% to 12% difference, not an 80% difference. If you go from this metal halide lamp to a high pressure sodium, he said there may a 20% energy savings. Mr. Zimmerman further commented and said there were other parts of the equation than just a plain energy consideration. He felt aesthetics was a good part of it, and the Board should consider it in this instance. Mr. Annunziato responded that the reason they more or less mutually agreed that this should be brought to the Board and Council in this form was because the City staff and applicant both felt that the issue of the form of lighting was a matter of public policy. Staff felt the Council enunciated its public policy in the energy element of the Comprehensive Plan, They also felt that the Board and Council should continue to reenforce that policy by requiring, over the years, that new development have high pressure sodium lamps. Mr. Annunziato said when the energy element was being talked about and approved, there was an energy crisis, and at that time it looked like energy might become a scarce commodity and, at best, it would be expensive to enjoy the quality of life we previously enjoyed. One of the factors that fits into the equation is the cost of generating electricity. Mr. Annunziato said maybe you reach a point where if there is a consolidated effort in energy conservation, there is not the need for an additional power plant. Mr. Annunziato said the Technical Review Board talked about this and the fact that the State has an Energy Code. The City promotes energy conservation, and he said the City went through an energy audit for every building it had and reduced its energy impacts. Another issue for policy making concerned issues relating to private lighting in public streets. The City does not have private lighting systems in publicly dedicated rights-of-way. Mr. Annunziato said the easiest thing to grasp in that instance is that somebody else pays the bill. The more difficult things to grasp are liability, location of fix- tures, etc. The City wants to bring those kinds of questions to the attention of the public, and they do not have answers. - 10 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Annunziato told Mr. Zimmerman the mall was an unusual circumstance. It was an annexation agreement. Lots of things were done as part of the annexing of the mall which were not every day practices of the City. Mr. Annunziato emphasized that the Board and the City Council have on a continuing basis enforced the high pressure sodium aspect of the parking lot lighting. Because of the scope of this project (21% of the remainder of the vacant property in Boynton Beach), Mr. Annunziato said the City staff will no longer feel comfortable in forcing high pressure sodium as a standard. If it is a policy, they will enforce it any way the Board and Council thinks they should be enforcing it, but the City staff does not feel the Board can depart for Quantum and not depart for every other applicant that comes before the Board. Mr. De Long asked if that was not the feeling when they talked about McDonald's. Mr. Annunziato replied that the scale just was not the same. Mr. De Long read the last paragraph from Mr. Annunziato's memorandum of December 4, 1986. (See "Addendum D" attached to the original copy of these minutes.) He took the paragraph to mean in view of some of the other exceptions the Board has had, and commented that very often, the exception proves the rule. Mr. De Long pointed out that the project was a highly aesthetic Planned Industrial Development (PID); and he was thrilled with the renderings he had seen and the money these people want to spend. Since the applicant is going to foot the bill, and the City will not be responsible, he thought in this particular case, where at build out they are going to provide almost the entire equivalent of the present ad valorem tax base in the City, they should be given that special consideration the Board gave to McDonald's and other smaller projects in the past. Mr. De Long also thought Mr. Annunziato was right and that the City Council should reevaluate the sodium vapor light- ing. He gave an example of houses on a hill side which were stereotyped and non-descript and thought the exception proved the rule. In this case, with this kind of developer, Mr. De Long thought they should make an exception. Mr. Ryder took it that the TRB and Planning Department recommended it and asked Mr. Annunziato to explain the last paragraph of his memo, which Mr. De Long referred to. Mr. Annunziato replied that the City Staff's recommendation was - 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 clear. Their position is that metal halide lighting is not as efficient as high pressure sodium. Therefore, it was their recommendation that a finding of inconsistency with the Comprehensive Plan should be made, and it should not be permitted. Mr. De Long asked if that was purely on the basis of efficiency. Mr. Annunziato answered affirmatively, in their interpretation of the Council's policy today. Mr. Zimmerman again wanted the Board to think about the level of efficiency they were talking about. He thought it was unfortunate the Comprehensive Plan was limiting it to one particular lighting type because the lighting system they were talking about is a very highly efficient lighting system. Although it is not the most efficient, high pressure sodium is not the most efficient either. Low pressure sodium is. For mostly maintenance reasons, Mr. Zimmerman said it is almost never considered for lighting. If those kinds of considerations entered into the selection of high pressure sodium, Mr. Zimmerman guessed his plea was why aesthetics could not be a reason to enter into a decision making park such as this. He added that the City consistently approves metal halide lighting in its park systems. He was told that was because it is a safety issue and not an aesthetic issue because ball players cannot see the ball in high pressure sodium. His question was whether they have difficulty seeing cars or people on motor bikes in high pressure sodium lighting. Mr. Zimmerman thought the same questions applied to the type of lighting they were talking about here as they would in a City park, and he explained. A lot of reasons come into play, and Mr. Zimmerman stressed that energy should not be the only criteria. Chairman Trauger agreed but advised Mr. Zimmerman that to this Board, the Comprehensive Plan is the main element and is providing for a total conformity of high pressure sodium in the City. The Plan is sort of locked in cement until somebody amends it. Chairman Trauger agreed that probably it was time that the City should take another look at the plan, but he thought the Board should follow the policy that was established for the City and the lighting. When they made the exceptin for McDonald's, Mrs. Huckle asked if it was not for the Parking Lot Ordinance. Chairman Trauger answered that it was. Mrs. Huckle asked if this was not to come just to the P&Z Board under those same circum- stances. - 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Annunziato clarified that there are two forms of land use in Quantum Park: streets and privately developed proper- ties. Privately developed properties are subject to the parking lot regulations and would be subject to variance requests. The construction of the improvements in the streets, whether public or private, are subdivision issues. If metal halide is considered to be the appropriate light for this development, Mr. Annunziato did not think it would make a lot of sense to require every private property owner in the Park who desires metal halide to come back for a park- ing lot variance. That was why City staff said if metal halide is appropriate for the streets, it should also be appropriate for private properties, and they should not be forcing high pressure sodium. Mrs. Huckle's point was whether this was to go to Council. Mr. Annunziato confirmed Mr. Ryder's response that it would go to the Council. From what Chairman Trauger was reading into it, they were going to have a reevaluation of the lighting made by the Council. He wondered if that was his own concept. Mr. Annunziato answered that this was a matter of policy, and the Technical Review Board (TRB) gave to the P&Z Board and City Council, in the form of his memo, the TRB's interpretation of Council policy. Chairman Trauger wondered if it would be possible to take another look at it because of the technicality of people coming forward and making presentations for metal halide. He thought there must be some great advantage to having metal halide, or they would not see so much of it coming before the Board. Chairman Trauger suggested the time was here to take another look. After reading the policies that were provided for them in his memo, if the Board and Council determined that metal halide was not inconsistent with those policies, Mr. Annunziato thought the applicant could do it. Mr. De Long stated that Mr. Annunziato indicated that in what he read previously. In effect, he felt Mr. Annunziato was saying this was coming up so much. Mr. Annunziato informed him it has not come up that much. Mr. De Long was interested in hearing Mr. Annunziato's answer to what Mr. Zimmerman had to say about parks. Mr. Annunziato was sorry Mr. Zimmerman brought that up because he did not think it was a valid argument, and he asked if anyone ever saw a ball park where people played baseball that - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 was not lit with the whiter light. He emphasized that it was substantially different than lighting on developed property. Mr. Zimmerman emphatically disagreed and stressed that the quality of the light was the issue. Mr. Annunziato disagreed, as he thought it had to do with the history of the game of baseball and sports, etc. There was discussion about seeing baseballs and motorcycles under both types of lighting. Mr. De Long said a baseball diamond was brought up to draw an analogy. Mr. Ryder did not think it was the Board's role to come up with an alternate, but thought it was their role to find out whether this was in accord with the Comprehensive Plan. Mr. De Long interrupted to point out that the Board has a perfect right to make an exception. Mr. Ryder advised that the final adjudication would be by the Council, and he thought it was incumbent upon the Board to go with the Comprehensive Plan. If they start doing this, before they know it, they will have no adherence to the Comprehensive Plan. Mr. Ryder insisted that it was up to the Board to determine whether this was in conformance with the Comprehensive Plan. Apparently, it was not, and he did not think it was up to the Board to recommend any change. Mr. De Long rebuffed what Mr. Ryder said and stated that it was up to the Board to make recommendations as to what they feel is right and necessary in this instance. Mr. Zimmerman interjected that they were not contending that this was consistent with the Plan but were here speci- fically to request a variance from what is required on the grounds that this lighting they are asking to provide is almost as efficient as the high pressure sodium and has far reaching aesthetic benefits that they would like to take advantage of. This was made a policy issue because of the size of their park. Mr. Zimmerman was not interested in changing the policies of the City but was interested in providing metal halide lighting in their development. He reiterated that they would like consideration as a variance only from the stand- point that Comprehensive Plan changes are something that are not going to happen until their work out there is half done. Mr. Zimmerman did not want the delaying tactic of looking at Comprehensive Plan changes to be used against them to kill this idea. He preferred to have a vote on the issue as to whether this light was acceptable. - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORI DA DECEMBER 9, 1986 Mr. Ryder questioned whether Mr. Zimmerman understood he was opening the door for further requests for variances, and they were getting away from the major objective of the Comprehensive Plan, which was the conservation of energy. Mr. Zimmerman thought Mr. Ryder was looking at the issue of what the Ordinance says rather than what the intent is. On his landscaping, Mr. Zimmerman said he will be using so much gasoline cutting the grass that the difference in the lighting and energy savings is null and void. He emphasized that they were not looking at the issue of energy conserva- tion but were looking at the words in the book. Overall, they are doing everything in their power to use energy effi- ciently, but Mr. Zimmerman said that did not mean you throw out every other criteria in the book. Mr. Annunziato advised that the applicant was not requesting a variance to the Comprehensive Plan. There are no variances to the Comprehensive Plan. Neither was the applicant request- ing a variance to the parking lot regulations, nor was he requesting a variance to the subdivision regulations. This is Council policy, as enumerated in the Comprehensive Plan. Mr. Annunziato believed the question was whether metal halide, in the terms of the policy making bodies (the P&Z Board and the Council), is consistent with the Comprehensive Plan or consistent with the policies of the Comprehensive Plan to substitute metal halide for sodium vapor. He thought there was enough latitude in the applicant's recommendations for the Board to recommend to the Council that the metal halide is consistent with the Comprehensive Plan. However, Mr. Annunziato said the Board had to face the other policies that went with it. In other words, it will no longer be enforced anywhere in the City. In the broader context of the Comprehensive Plan, in the City staff's opinion, it was no longer enforceable that they could require somebody to have high pressure sodium anywhere else in the City. The Board recommends to the Council land use policy as it appears in the Comprehensive Plan, and the Council can make a finding of consistency with the Comprehensive Plan. Mr. De Long commented that when the Board made its recommen- dation on McDonald's parking lot, he met the Mayor in the hallway, and the Mayor asked him to make sure the recommenda- tion the Board was making would not impair the safety of the people. Mr. De Long thought, as Mayor Cassandra put it that night, the lighting they were suggesting might cast a longer shadow than the other lighting. - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 That night, Mr. De Long recalled that the Board approved metal halide lighting for McDonald's. The Mayor's question was satisfied. The Board asked the TRB to look into it. Mr. De Long was under the impression that it then went before the Council, and he wanted to point out the historic prece- dent that took place that night where much time and energy was spent on the differences in lighting. He expounded. Mrs. Huckle did not think the Council passed on that but thought it stopped with the Board. Mr. Annunziato agreed that parking lot variances stop at the P&Z Board, and it did not go before the Council. Mr. De Long brought out that they were specifically asked by the Mayor, and it did go back to the TRB. Mrs. Huckle said it was off the record when the Mayor asked Mr. De Long, as he was asked during a recess. Mr. De Long recollected that the Mayor made a statement publicly before the Board and expressed that he felt that lighting cast a great shadow. Mr. Pagliarulo asked if Mr. De Long did not modify his motion at the end of that meeting by saying it would be based on the finding of the TRB. Mr. De Long answered affirmatively, and recalled he added if it was found to be a more unsafe type of lighting. Mr. Annunziato advised that the outcome of that was that you could have enough lighting to reach the levels. The difference is you have to add more fixtures. Mr. Wandelt and Mr. Annunziato heard Mr. Zimmerman say tonight that he was going to add more fixtures. Mr. De Long argued that the point they were talking about was one of efficiency. Mr. Wandelt did not see why the Board could not make a recommendation one way or the other. Chairman Trauger repeated that he felt it was inconsistent with the Plan and felt they should request the City Council to reevaluate this policy and get the TRB and all of their sources to take another look at the policy itself. He felt that was within the Board's power but did not believe the Board could say by any stretch of the imagination that it was consistent with the current policy. Mr. Wandelt could not see where the Board was making a determination tonight as to whether it was or was not consistent, and thought they should arrive at whether they wanted to recommend that they use metal halide lighting. Frankly, he did not care for "that orange stuff". Mr. Annunziato thought the Board had to make a finding of consistency or inconsistency with the Comprehensive Plan - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 because it was a land development regulation. Mr. Pagliarulo pointed out that they were talking about consistency throughout the evening and all they heard were the incon- sistencies in reference to the energy efficiency. He felt they were talking about a very slight difference in energy efficiency. There were many inconsistencies, and Mr. Pagliarulo questioned whether it had gotten to the point where the Council should look into this and make a change in the lighting. It seemed that it was very important to many people who come before the Board. If that was the way the Board felt, Mr. Annunziato said they should inform the City. Chairman Trauger suggested that his recommendation to have the Council reevaluate this policy should be a part of the motion. There was discussion. Mr. Ryder moved that the Board find the request for approval of metal halide instead of sodium vapor lighting for Quantum Park to be inconsistent with the Comprehensive Plan. He did not know if it was necessary to refer it to the Council for reevaluation, as it was going to the Council anyway. Chair- man Trauger stated that the Council would not make a change unless the Board recommended it to them. Mr. Wandelt agreed. Mr. Zimmerman wished to address the Board and was informed by Chairman Trauger that a motion was on the floor. At the request of Mr. Pagliarulo, the Recording Secretary read the motion. Vice Chairman Winter and other Members thought the motion should include Chairman Trauger's suggestion. Mr. Ryder disagreed. Chairman Trauger acknowledged that Members of the Council were in the audience but reiterated that if the Board wanted action by the Council, they should put it in the motion. The Members questioned whether the motion was denying the request. Mr. Pagliarulo advised that the lighting could be inconsistent with the Comprehensive Plan, and the Board could approve the lighting. Mr. Ryder was denying the request. The motion died for lack of a second. Mr. De Long thought the Board should be admonished in terms of how they make the motion because there could be a legal situation involving a past precedent. (McDonald's was approved.) Mr. De Long asked if the Comprehensive Plan addresses itself to all parking lots versus other areas. Mr. Annunziato replied, "No." Mr. De Long determined no differ- - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 entiations are made between parking lots and other areas. He wanted to bring this up and caution the Board that it established a precedent. Mr. Zimmerman again wished to address the Board but was denied by Chairman Trauger. With reference to the variance exception for the parking lot at McDonald's, Mrs. Huckle did not recall any verbiage that said the Board's giving of a variance was consistent with the Comprehensive Plan. Mr. Annunziato advised that it was a variance procedure with strict requirements of a land development Ordinance. Mrs. Huckle asked if the Compre~nensive Plan did not cover all facets of all of the Board's regulations. Mr. Ryder thought the distinction was that the Board was considering private parking. In this instance, they were talking about lighting of public rights-of-way. Mrs. Huckle emphasized that the terms consistent or inconsistent with the Comprehensive Plan did not even arise when they gave the variance to McDonald's. In the matter of impact on public policy, Mr. Annunziato said that was a minimal decision. There was no question that this decision would have impact on the overall policy of the City. If it was time for the policy to change, the policy should change. It was for the Board and Council to decide whether they wanted to consider having high pressure sodium as the only standard for effi- cient lighting. Mr. Zimmerman brought out that one important decision they should consider if they change policies was that this would likely be the only instance where a developer would offer to build and pay the energy bill for street lighting. In other instances, if they address the policy issue, they will likely get into areas where the City is footing the energy bill and will be paying a higher energy bill because it is not high pressure sodium. That was why it was the applicant's posi- tion that they were separate from a total policy issue. They were making special efforts to provide for the addi- tional energy cost and maintenance. The one item Mr. Zimmerman said had not been focused on was that metal halide has half the bulb light that high pressure sodium has. That is why FP&L uses high pressure sodium over metal halide, because it costs a lot of money to continually rebulb. Mr. Zimmerman was sure, from a City policy issue, they would not to want to change to metal halide lighting because they would incur greater rebulbing costs. That was not an issue in this particular application because it was a cost the applicant would absorb. - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 On publicly dedicated rights-of-way, where the City asks that the street lighting be installed, Mr. Annunziato said it would be high pressure sodium because all of that is installed by FP&L. He asked the Board not to forget to bring to the Council's attention the issue of private light- ing systems in publicly dedicated rights-of-way. There is a potential there for concern. Mr. Annunziato suggested that the Board might need three motions: One would be to have the City Attorney evaluate the impact of that decision. Regardless of who pays for it, if it in the publicly dedicated right-of-way, the City will be part of anything bad that happens there. Mrs. Huckle liked the idea of considering every project on its own merits. However, if the wording in the Comprehensive Plan specifies sodium vapor lights, she thought possibly the actual terminology could be moderated so the Board would not be hung up on those words. Mrs. Huckle elaborated and said she liked the idea of the Board having enough breadth and scope of safety, energy conservation, and aesthetic decisions. She thought a City of this size had to have more breadth. Perhaps if the rewriting and the wording had more breadth and scope without ambiguity, it was possible they might come to some resolution. Next Tuesday night, the Council will be conducting its second public hearing on the adoption of the Evaluation and Appraisal Report. It will be in the form of the second read- ing of an Ordinance. Mr. Annunziato advised it was not too late to raise this question in the public hearing. If Council was desirous of changing its policy, they could do so, and this could be made consistent. Mr. Annunziato did not want to get away from the fact that they were talking about 21% of the undeveloped property in Boynton Beach and said it would be a Citywide decision. From the City staff's point of view, it made no sense to allow metal halide on the streets in Quantum Park and not allow them in parking lots. He did not know whether other developments that started with high pressure sodium would want to change. Mr. De Long asked if it made any difference who pays for it. Mr. Annunziato answered that in the viewpoint of the energy element, it made no difference. They were talking about the overall consumption of energy in the City. The real policy was to reduce the consumption of energy, regardless of who paid for it. Mr. Annunziato explained. - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Zimmerman said there was only one issue of lighting. He again referred to his lawn mower and said he was serious. Mr. Annunziato responded that earlier in the meeting, he had alluded to other areas of energy efficiency which were not addressed. There was discussion. Chairman Trauger noted it was brought to their attention that in the Comprehensive Plan it is high pressure sodium lighting. From that point of view, he thought they had to go along with the Plan. He still felt the Council and TRB should reevalu- ate the types of lighting. Mr. Annunziato advised that the Council would be in a position next Tuesday to do both. Mr. De Long said the State has mandated that the City be consistent With what it wants to do in the City. They do not tell the City what to do but want the City to stick by the Plan not 100% but consistently. Therefore, Mr. De Long felt it was totally conceivable that something the Board may find is not consistent with the Plan could get to the State, and the State could find it essentially consistent with the Plan. He said everybody thinks the Comprehensive Plan is cut in stone, but the Board knows it is not and there are flexibilities. Mr. Annunziato advised that it depends on the way the policies are addressed. Some policies are specific, and some are general. Mr. Annunziato sensed that what Quantum was requesting was not consistent with the Comprehensive Plan. He also sensed a desire among the Board Members to offer flexibility for the Council and P&Z Board to evaluate other considerations in the determination of what is consistent in terms of energy. Mrs. Huckle and Chairman Trauger thought that summed it up very well. Mr. Annunziato offered three recommendations for the Board: 1. That the Board make a finding of inconsistency on technical aspects of the request. 2. That the Board recommend to the City Council that this policy be amended as part of the adoption of the Evalu- ation and Appraisal Report to permit other kinds of energy efficient lighting. 3. That the Board make a motion to bring to the attention of the City Council that the applicant is requesting private lighting in public rights-of-way. That may need to be evaluated by the City Attorney. Mrs. Huckle understood there was a master lighting plan plus the metal halide. Mr. Annunziato said that might be the - 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 fourth recommendation. The overall lighting plan appeared to make sense to the TRB. Mrs. Huckle thought the Board should see the master lighting plan, which Mr. Annunziato said was ten pages long. Vice Chairman Winter understood that with metal halide lighting, they would need extra lights to cover the same amount of area. He wondered if the sheets that had the metal halide lighting showed the additional lighting. Mr. Zimmerman answered that it did. Since the Board was recommending to the City Council that they reevaluate other types of lighting, Vice Chairman Winter asked if it would not be wise for the Board to TABLE this until the January meeting. Mr. wandelt agreed and did not think they should make a decision tonight. It seemed apparent to Vice Chairman Winter that the City Council would probably wind up adding another type of lighting into the Comprehensive Plan. In other words, the applicant would be wasting thirty days. Based on where they are today, Mr. Zimmerman said that would be a very expensive thirty days. They hoped to submit their final plats for consideration on December 29th, and this issue needed to be resolved before they could be ready to do that. Mr. Zimmerman preferred to have the Board's vote tonight. Mr. Annunziato said the sheets represented construction of a lighting system, subject to metal halide. Sodium vapor would be a little different, but he said it would be substantially the same. Lighting fixtures would still be at intersections. Mr. Zimmerman interrupted to say that probably was not true. If it goes to the high pressure sodium lighting, he said it would probably be lights provided by FP&L, which will not be the same aesthetic fixture, and he explained that it would be the standard highway luminaire. It will be located differently within the rights-of-way, and there would be fewer lights than what are there now. The accent lighting at e~tranceways will not be provided. As soon as the character of what they are doing goes out of consideration, Mr. Zimmerman said it would no longer make sense to add all of the accent lighting to the landscaping because it would do nO good. There will be a significant change in the lighting system. Mr. Zimmerman continued by saying landscape accent lighting is to highlight landscaping and make landscaping look good. - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 He asked why they should spend money in a fixture to accent the planting and wash it out with an over light. They may as well throw the money down a hole. To be consistent with the aesthetic quality they wanted to achieve and to highlight that with lights, Mr. Zimmerman felt it would be a terrible travesty to have it washed out by high sodium lamps. If everything was resolved with the exception of the public rights-of-way lighting, Mrs. Huckle wondered if Mr. Zimmerman could live with the combination. Regardless of what the decision is, Mr. Zimmerman replied that they would live with the decision and will not go away and not do the park. Mr. Zimmerman said the key road within their park is N. W. 22nd Avenue. All of their major landscape features that identify the Park, their major lakes, highlights, waterfalls, etc. are along N. W. 22nd Avenue. Metal halide lights on a looped road would not do that much for them. Mrs. Huckle was concerned about a legal hang up. Mr. Zimmerman said lighting should be consistent on land- scaping, and everything should be consistent to improve the environment. He gave examples. Mrs. Huckle thought the Board agreed, but Chairman Trauger said to make an exception would be undermining what the Board had been following and the City Council's recommendation of the Comprehensive Plan. Chairman Trauger understood what Mr. Zimmerman was talking about and said he would like to see it. He thought the Board could act on the motions Mr. Annunziato started to formulate and could call the matter to the City Council's attention so they could consider types of lighting other than high pressure sodium vapor. A RECESS WAS UNANIMOUSLY DECLARED BY THE BOARD AT 8:55 P. M. so they could look at the plans. The meeting resumed at 9:02 P. M. Motion Mr. De Long moved that the application made by Deutsch- Ireland Properties to use metal halide lighting be approved, subject to staff comments. The motion was seconded by Vice Chairman Winter. Mr. Ryder pointed out that they left out action that the master lighting plan be approved. Mr. De Long said that was part of the motion, but he added, "and that the master lighting plan be approved" as a part of the motion. That was agreeable to Vice Chairman Winter. A vote was taken on the motion, and the motion carried 4-3. Mr. Ryder, Mrs. Huckle, and Chairman Trauger opposed the motion. - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Project Name: Agent: Owner: Location: Legal Description: Description: Catalina Centre (Plat No. 2 retail development) Christopher V. Hurst paramount EngineeringGroup Waliboyn, Inc. West sidle of Congress Avenue, south of N. W. 22nd Avenue See "Addendum E" attached. Request for the approval of construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve a 146,325 square foot shopping center in connection with a replat of the previously platted phase 5 at the Congr~ess Lakes Planned Unit Development Mr. Golden said the preliminary plat was submitted in connection with a replat of former Phase 5 at the Congress Lakes PUD. Phase 2 is located immediately north of the Phase 1 hotel site (across the street from Motorola on the west side of Congress Avenue). There is also a site plan and shared parking allocation. Mr. Golden told the Members access would be provided to Plat 2 by way of an existing southern access road between the hotel site and the proposed shopping center and a future private road, which will serve as a collector to the Congress Lakes PUD. An initial portion of that is at the north end of the property. Mr. Golden continued by saying sanitary sewer will be pro- vided to Plat 2 by the extension of an eight inch line north from Plat 1. Water service will be provided by connecting on to the existing system serving the hotel and will be looped onto the 16 inch main at Congress Avenue. The TRB recommended approval, subject to staff comments. (The staff comments are attached to the original copy of the minutes as Addendums F and G.) Christopher V. Hurst, Vice President, Paramount Engineering Group, 350 Camino Gardens Boulevard, Boca Raton, Florida 33432, said they reviewed the staff comments and had no problems with them. He believed they could be taken care of. Chairman Trauger asked if Mr. Hurst agreed wholeheartedly with all of the staff comments. Mr. Hurst did. - 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Ryder recalled that this was approved for a residential development. Subsequently, a request was made for a change, and part of the area was rezoned C-3 with this commercial aspect. Mr. Ryder thought the Board had a chance to preserve what they have already seen develop on Congress Avenue, par- ticularly between Boynton Beach Boulevard and Hypoluxo Road. He found it hard to see the need for this in the middle of what the Board already had approved or that has already developed. They usually belong at major intersections, at f~our corners, and not somewhere inbetween. Mr. Ryder felt it was also a mistake because it encourages further develop- ment along the same line. Mr. Pagliarulo asked if they were talking about rezoning the property. Mr. Ryder was talking about the fact that he could not go for it. He agreed with Mr. De Long that it is zoned C-3. Chairman Trauger drew attention to paragraph 4a in the staff comments from Bill Flushing and wondered what he meant by the question, "Is there sheet flow into the lake?" Mr. Annunziato explained that it generally means there will be no surface water flow from the site into the receiving body. Mr. Pagliarulo moved to approve the request, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 5-2. Mr. Ryder and Vice Chairman Winter voted against the motion. C. SITE PLANS 1. Project Name: Agent: Owner: Location: Legal Description: Description: Catalina Centre (Plat No. 2 retail development) Sheremeta and Associates Walboyn, Inc. West side of Congress Avenue, south of N. W. 22nd Avenue See "Addendum E" attached to the original copy of these minutes. Request for site plan approval to construct a 146,325 square foot shopping center (including two anchor stores and two leased out parcels) on 12.96 acres Mr. Golden said the out parcels are 6,000 and 3,500 square feet, totaling 9,500 square feet. The two anchor stores are to be Marshall's and Service Merchandise. Also included in the site plan approval is a shared parking allocation. - 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 The main shopping center will be si~tuated in the western portion of Plat 2, adjacent to a storm water retention pond. An open courtyard is proposed for the central portion of the shopping center. Two leased out parcels are located at the southeast and northeast corners. Parking is provided in the front and to the rear at the north and south. Access is provided by the existing entrance at the south, which will be shared with Plat 1 and the future collector of the PUD at the north. In regard to the architecture and design of the shopping center, Mr. Golden said the design is similar to the Mediterranean style architecture of the hotel in Plat 1. A specific color style had not been noted, but he assumed it would be compatible with what is constructed in Plat 1. Mr. Golden explained the shared parking allocation as out- lined in Mr. Annunziato's letter of December 5, 1986 attached to the original copy of these minutes as "Addendum The TRB recommended approval of both the site plan and the shared parking allocation, subject to staff comments. (See Addendums H through K inclusive, attached to the original copy of these minutes.) Mr. Golden informed Chairman Trauger there is 75,000 square feet of office space. Chairman Trauger commented that this area is glutted with office space. Mr. De Long remarked that was the developer's problem. He referred to office space along the 1-95 corridor from Delray Beach to Boynton Beach and national figures. Mr. Ryder said a 42% vacancy of offices in Boynton Beach was predicted. Mr. De Long read it was 38% nationally. Mr. Ryder pointed out that they will have something that currently is not on Congress Avenue, going north. He was referring to acres of black top right off the sidewalk, which is not very attractive, and there is no attempt to hide it in the back. Mr. Golden advised that the Code requires a five foot landscape strip along Congress Avenue. He did not recall what the applicant's landscape plan provided. Christopher V. Hurst, Vice President, Paramount Engineering Group, came forward again and informed the Members that Mr. McMurrain, the owner, was present. Mr. Hurst agreed with the staff comments. - 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Chairman Trauger asked what type of landscaping they had along Congress Avenue. Mr. Hurst believed there would be trees and knew there was a hedge. Mr. Annunziato advised that the Code requires a 36 inch hedge and one tree every 40 feet. If they had not met Code, Mr. De Long was sure the Members would have seen that in the staff comments. Mr. De Long moved that the application be approved, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 5-2. Mr. Ryder and Vice Chairman Winter voted against the motion. Project Name: Agent: Owner: Location: Legal Description: Description: Savannah Place (now Sutton Place) Richard C. Reilly, Architect Savannah Place Corporation Congress Avenue at Golf Road, northwest corner A plat of Quail Lake, according to the plat thereof, as recorded in Plat Book 40, Pages 47 and 48 in and for the Public Records of Palm Beach County, Florida. Request for site plan approval to construct 135 condominium units and recreational amenities on 11.74 acres at the Quail Lake Planned Unit Development Mr. Golden said this is a resubmission of a previously approved site plan, which is prior to the applicant applying for new building permits. The current site plan submission essentially is the same as the previous approval, but some changes have been made to meet a change in the requirements. Mr. Golden said 135 two bedroom condominium units are pro- posed to be provided in 11 separate buildings. There will also be a maintenance building, a storage building, swimming pool, pool house, and a tennis court. Access will be .pro- vided by a driveway on S. W. 19th Avenue at the northern property boundary. A guard house is in a private driveway for security purposes. Mr. Golden told the Members the buildings are proposed to be Type VI construction and will have to be sprinklered. The exteriors are to include stucco finish and vinyl siding with asphalt shingle roofing. The buildings are three stories in height. Mr. Golden said the proposed utilities are adequate, subject to the modifications noted in the memo from John Guidry, - 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Director of Utilities. There was also an additional memo from the Utilities Department regarding a proposed six foot high buffer wall along the east property boundary, which is located along water and sanitary sewer easements. The TRB recommended approval of the site plan, subject to staff comments and subject to the additional memo from the Utilities Department. Mr. Ryder recalled this was presented to the Board before, and he wondered if it was always condominiums. Vice Chairman Winter recollected it was a Planned Unit Develop- ment (PUD). He was informed by Mr. Annunziato that it is still a PUD, and the density has always been 4.8 dwelling units per acre. What has happened is that the density over the lake was granted to the uplands, and he' explained how the density was computed. Chairman Trauger did not remember them ever being three stories. Other Members agreed. Vice Chairman Winter thought the Members voted against it being three stories in-the original proposal, but allowed two stories. Mr. De Long commented that he had seen the plan twice in the two years he had been on the Board. Chairman Trauger recollected that it started out in 1970, and they have not done anything on it yet. There was further discussion about prior plans. Mr. Annunziato explained that it was part of the PUD and is south of where the HMO is. Mr. De Long asked if the appli- cant did not have a year or so in which to commence construc- tion when this was originally rezoned. Mr. Annunziato replied that they had a year to plat it, and they platted the property. Vice Chairman Winter queried if there was not a certain period of time before they have to apply for their permits. Mr. Annunziato answered that it just says to file a plat or plans. He told Mr. Ryder he thought they had been trying to negotiate the purchase of the property. There was more discussion. Mr. Annunziato informed the Members that the plan they were seeing had been approved once before. After further comments by the Members, Mr. Annunziato clarified that they call it the Kirsner-Cogen PUD because when it was applied for, the unity of title for all of the properties included everything but where the commercial properties are now. It also included the ground water storage tank. The PUD has been - 27 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 developing bit by bit over the last few years. The Board has looked at about half a dozen different master plans west of the lake. This site plan was approved, but it was allowed to lapse. The property was platted by Harry Kirsner, maybe six years ago. Mr. De Long asked if it was approved as three stories. Mr. Annunziato answered affirmatively. Mr. De Long questioned whether the construction was wood frame. Mr. Annunziato advised that the Architects were present if there were questions concerning the type of construction. Mr. Wandelt wondered if it would be another Mahagony Bay. Mr. Cannon showed the overlay of the buildings. Mrs. Huckle noticed a comment that the name had to be changed. Mr. Golden said there was concern because it mimics Savannah Square. Richard Co Reilly, Architect, 2500 North Federal Highway, Suite 303, Fort Lauderdale, Florida 33305, clarified that the property came into the ownership of the group that pro- posed the buildings in 1984 on the previous plat. It was approved as three story buildings with 135 units. That approval lapsed in July because in December, 1985 or January of this year, the lender defaulted in funding the loan, probably because of the housing and condominium market. Mr. Reilly said that was why it was back to what the Members were looking at. Mr. Reilly apologized because they had not brought colored renderings. It was not indicated to them that the Board would be looking at the aesthetic values of the buildings. The Members were looking at balconies, which do not read well on a working drawing. Mr. Reilly introduced Mr. Richard Broadhurst, of his staff. Chairman Trauger asked if the front of the buildings were wood construction or masonry. Mr. Broadhurst replied that it was a gray vinyl siding and is a metal construction. Mr. Broadhurst said they are going to change from Type VI construction, which requires sprinklers, to Type V construc- tion, so they will have a one hour fire protected building with no sprinklers. W-hen he said metal, Mr. Ryder wanted to know what would be metal. Mr. Broadhurst answered that there will be metal studs, exterior walls, and framework. Mr. Ryder asked if it will be metal with vinyl covering. Mr. Broadhurst - 28 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 answered affirmatively. He told Mr. Ryder he was not familiar with Mahogany Bay so did not know if this would look like that. Mr. Broadhurst said the look they are trying to achieve is something like Savannah's row houses. Mr. Pagliarulo wondered if there would be covered parking. Mr. Broadhurst answered, "No." He told Mrs. Huckle the name will be changed to Sutton Place. Mr. Wandelt inquired about the square footage of the apart- ments. Mr. Broadhurst replied that a typical unit is approximately 1500 square feet. Mr. Annunziato asked Mr. Broadhurst to give the Board some history with respect to vinyl siding. The vinyl siding he has seen in Boynton Beach has looked like it would quickly lead to disrepair. Every time it was punctured, depending on the backing the vinyl siding was put on, the backing swelled. In one instance, Mr. Annunziato was able to cut the vinyl with his thumb nail. This was one thing they talked about in connection with the language in the Evalu- ation and Appraisal Report about looking at building materials. Mr. Annunziato recalled that vinyl siding was one of the things that led the Board to initially talk about building materials. Mr. Broadhurst informed Mr. Ryder that there is metal insulation between the studs. Mr. Ryder asked what kind. Mr. Broadhurst replied that it is vat insulation, and there is currently a plywood sheeting. The plywood has to be changed because they are going to a Type V construction. It will be like a gypsum board sheeting. Mr. Broadhurst told the Members considerable strides are being made in this siding because there had been problems with it. The product they are using seems to be a "state of the art" of the vinyl siding. Mr. Ryder asked about the thickness of the siding. Mr. Broadhurst answered that it is very thin. Mr. De Long thought most developers were giving it up. Mr. Broadhurst disagreed. Mr. Ryder asked if they depend on the board backing for stiffness. Mr. Broadhurst replied that the backing sort of contributes stiffness. He told Mr. Pagliarulo this was pure vinyl. Mr. Broadhurst agreed with Mr. Ryder that it is a skin type of vinyl and added that it is not a structural element of the building whatsoever. - 29 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9., 1986 Mr. Broadhurst explained to Chairman Trauger that they had no objection to sprinklers, but they are changing to Type V construction. The design was never intended to have sprinklers. The Ordinance is a Boynton Beach Ordinance. Mr. De Long called attention to Quail Ridge and the Estates of Silver Lakes and was apprehensive about the materials the applicant was using. Mr. Broadhurst told Mr. Pagliarulo the color scheme is gray and white. Mr. Wandelt asked what the cost per unit will be. Mr. Reilly interjected that they just received the staff comments last Friday. In meeting with the developer yester- day, they were talking of vinyl covered aluminum. It is a substantial and worthwhile material. The structural studs are structural studs and not normal, interior studs. It is a structural stud building, which is a heavier building, and Mr. Reilly emphasized that it is a substantial building and would be in key with all of the requirements of Quail Ridge. Mr. Reilly explained that this was just reactivated when the lender came back and said he would fund it. They are trying to catch up before the funds are changed again and because of the holidays coming up. All decisions that have to be made on changes from Type VI construction to Type V have not been solidified, but Mr. Reilly said they did not expect to face those tonight. Chairman Trauger questioned what the difference was between Type V and Type VI. Mr. Reilly answered that Type V is solely incombustible materials. With VI, you can have some combustible materials, but you have to put fire sprinklers in the building. Mr. De Long could visualize the monotony of three stories of vinyl. Mr. Reilly informed him it would not _be three stories of vinyl. The lower part is stucco. Vinyl siding is in the center section, and the upper portion is stucco. Only one story area will have vinyl siding. Mr. Reilly showed on the overlay where the stucco and siding would be. Vice Chairman Winter asked if the stucco will be on top of wood. Mr. Reilly replied that it will be stucco on top of fireproof exterior sheeting boards on top of structural metal studs. Mr. Annunziato asked if any consideration had been given to standard CBS construction. Mr. Reilly replied that it had. Mr. Annunziato said that was the kind of - 30 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 construction that has occurred in the area with homes selling for $200,000 to the south of this project. Apartments and homes are selling for more than that to the west of the development. Mr. Annunziato sensed that maybe the applicant should be thinking about the form of construction they had chosen. Mr. Wandelt wondered what the cost of a unit would be. Mr. Reilly hoped it would be in the $135,000 to $150,000 range, and it will be affordable housing. He knew with vinyl, people get things in their minds. Their working drawings were completed two years ago, and Mr. Reilly said they went through all of the processes. They came back in ten days ago and hoped to get back on track again while everything was in the right position. He reiterated prior statements about the housing and said affordable housing has to be under that figure. As close as what they can get under it will make it a successful project. In his experience, Mr. De Long said he could not find many buyers for a two bedroom, two bath unit, three story condo- minium building with the kind of construction they were talking about, and without a garage, at a price of $135,000. He never realized that three stories were approved but did not think that particular corner was conducive to three story construction. If they could get the number of units in there that would satisfy the number of units per acre, Mr. De Long said he would also like to see a plan where no three stories were involved. Mr. Annunziato clarified that these were plans of the first floor. The second two stories are town houses. It is not three stories of units. The second two stories are one unit townhouses. Mr. Reilly explained that the downstairs will be apartments. Above that are two story townhouses. If they had the same units out of the land to satisfy their feasibility, Mr. De Long asked if they would have to go three stories. Mr. Reilly answered that they would cover about 25% more land. Mr. Broadhurst pointed out that they have a good deal of open space, and they are trying to maximize that. Chairman Trauger recalled that to get this amount of land, they had to do a lot of demucking over the years. That is why the lakes are so big. Mr. Pagliarulo did not believe they were approving any construction plans tonight. They were just approving a site plan. He was not saying this would not be built on the - 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 property but thought the Board's efforts should be strictly on the site. Chairman Trauger agreed but said this was what they would get in the end. Mr. De Long pointed out that they had a lapse, so it was a whole new ball game. Under a PUD, Mrs. Huckle remarked that the Board had the right to look at everything. Mr. Broadhurst said it was exactly the same plan that they submitted last year, which was approved last year. There were absolutely no changes. They met all of the staff comments that were given last year, and they made all of the changes that were required. Mr. Broadhurst said they had a couple of changes to the staff comments this time, as follows: Fire Department - Mr. Broadhurst said the name will be changed to Sutton Place. Utilities Department - Mr. Broadhurst referred to the memo they received tonight and called attention to the site plan. A Six foot privacy wall runs along Congress Avenue. The City Ordinance requires a buffer at the right-of-way. In the original plans last year, it was a straight wall with no indentations. At the City's request, they put some indentations in it. The wall is over a water main. Mr. Broadhurst said every- body always knew it was over a water main. The owner was going to supply a hold harmless letter to the City. If there was a problem, he would be responsible for the removal and repair of the wall. They agreed to that, and the City agreed to it. When they picked up the staff memos on Friday, Mr. Broadhurst said there was the comment that everything was okay, but the zigzag in the wall created a problem. The Utilities Depart- ment requested on Friday that the wall be straight and two feet from the property line. Mr. Broadhurst said they have no problem with that because the indentations on the wall are over a water main, so they will make it straight. This evening, Mr. Broadhurst said they received another memo from the Director of Utilities stating that they can have a wall there. He wanted some clarification as to where they should go with the wall. Obviously, they would like to see a wall there for security, noise of Congress Avenue, and aesthetics. Mr. Broadhurst said the owner is willing to - 32 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 supply a hold harmless letter to the Utilities Department of the City, but they would like to keep the wall. Mr. De Long asked about the length of the wall. Mr. Broadhurst replied that it was at least 1,260 feet along Congress Avenue. He told Chairman Trauger the Golf Road frontage is 344 feet. The Utilities Department did not have a problem with the wall on Golf Road because they do not have any utilities there with the exception of these utilities. Mr. Broadhurst talked to Peter Mazzella, Utilities Depart- ment, this afternoon, and he said there was no problem with Golf Road. Mr. Ryder referred to Lakes of Tara being set back, Banyan Springs, and other developments and said this is a decided contrast to that. Leisureville is on the east side, but you do not have a wall. Mr. Ryder said a vegative barrier is there. Mr. De Long thought berms would be nicer than 1,260 feet of solid wall. Mr. Reilly stated that they would prefer the wall and said they would be perfectly comfortable with breaking the wall up and doing a decorative grill or an aluminum picket fence where it would come back to the wall because 20 feet of landscaping is in back of the wall. The only reason the wall was moved forward was because of the utilities request that came last Friday. Mr. De Long asked if the applicant's main concern about the wall was security. Mr. Reilly answered, "Primarily." He told Mr. De Long that the Department of Utilities does not want a berm over the utility mains. Mr. Annunziato clarified that the City has a different Director of Utilities. In that easement, along Congress, there is a 36 inch sewer force main and a 16 inch water main. They share a 20 foot utility easement with two pipes being five feet in from Congress Avenue the size of the easement and ten feet between the center lines of the pipes. Mr. Annunziato thought there was a fear that if everyone's utilities have to be maintained, it will wipe out the wall, driveway, the street, and will be a real mess if there is a problem with the 36 inch force main which collects all of the sewage for Boynton Beach in its western and eastern environ- ments. It is the position of the Director of Utilities and has to do with maintenance and the operation of the facility. - 33 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Ryder said the other developments he mentioned are set way back or have berms and do not pose a problem. At Silver Lake, Mr. Annunziato said the utilities are there. Chairman Trauger said it was the same amount of difference. Mr. Annunziato agreed and guessed the question Mr. Guidry was raising was whether the Board wanted to continue the program of having walls parallel to major utilities. He did not want to say any more because he thought Mr. Guidry should present this information to the Board and Council. Mr. Reilly said they would be pleased to have the opportunity to move the wall back and forth to either side with removable panels of aluminum fence work that would cross the easement and could be unbolted and taken out of place. It would give a chance for lush landscaping that will be very well done, and he explained. Mr. Reilly said they did not have time to work that out witht the Department of Utilities. Mr. Annunziato thought it was important that they take Mr. Guidry's memo on its face value. He was sure Mr. Guidry had more reasons than he (Annunziato) told the Board about, but between now and the Council meeting, the applicant can get with the Utilities Director and see if there are any alterna- tives, and they could talk about it again at the City Council meeting. Aesthetics What was really "bugging" Chairman Trauger was the aesthetics on the corner. It seemed to him they were stick- ing a Mahogany Bay right in the middle. Mr. Wandelt agreed, as he did not care for the looks of it either. Mr. Broadhurst thought the Community Appearance Board (CAB) would go over the aesthetics on Monday, December 15. In looking at what was provided for the Board to look at, Mr. Annunziato said the Members could not get a feeling of what this would look like. If there was a rendering, he thought the Members would have a better feeling for the project. Mr. Annunziato did not perceive that the applicant was interested in waiting another month to see what would happen to the application but said it was something the Board might want to consider because there were doubts about the aesthetics. Mr. Ryder and Chairman Trauger did not think renderings would make much difference. Mr. Ryder said the long expanse - 34 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 of wall could not be made attractive, no matter what they do with it. Also, there was the type of construction on this particular corner. Chairman Trauger thought three stories would stand out like a sore thumb. Mr. Wandelt did not think they would get $135,000 for that type of construction, particularly without a garage. If they approved the site plan, Mr. De Long questioned whether they would be approving it in theory and in fact for three stories. Mr. Ryder agreed with Chairman Trauger that the Board would not see it again. When the Board approves the site plan, Mr. Broadhurst asked if they were also approving the aesthetics of the project. The Members answered affirmatively. Mr. Broadhurst questioned whether it was still necessary for them to go to the CAB. The Members replied, "Yes." There was discussion about whether the matter should be tabled. Mr. Broadhurst thought their presentation, as far as the aesthetics, was totally lacking. They were not aware that the aesthetics would be an issue because they were look- ing for site plan approval. Mr. Broadhurst thought they short changed themselves because they have renderings and are bringing them Monday, December 15th. They thought the forum to present that was strictly the CAB. They were through the site plan approval last year, and Mr. Broadhurst recalled that the aesthetics never came up. It was three stories then and is three stories now. Mrs. Huckle and Mr. Wandelt did not remember it. Mr. Pagliarulo remembered it. Mr. De Long was very frank in saying they had not done justice to themselves because some of the construction they talked about scared a few of the Members because they have seen some of it. He referred to $135,000 condos that would deteriorate two or three years down the road. Mr. Wandelt brought out that homes in that area cost over $400,000 and $500,000. One in the Village of Golf is worth more than $1,000,000, and the applicant wants to put something like this on the corner. Mrs. Huckle asked if they would prefer the Board tabling the matter. Rather than being "blown out", Mr. Reilly preferred that it be tabled so they could come back with a better presentation. Mr. Broadhurst agreed that being tabled would be better than being turned down. If the people of Quail Ridge knew what was going on tonight, Mr. Wandelt guaranteed they would have been here. - 35 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. De Long moved that the present application for site plan approval made by Sutton Place be DENIED. Vice Chairman Winter seconded the motion, and the motion carried 7-0. Mr. Annunziato thought he would recommend that they withdraw their application. It did not make sense for them to go forward, and he felt it was clear to them what they had to do. There was discussion. Project Name: Agent: Owner: Location: Legal Description: Description: Meadows 300 Tract K (Lakeshore) Private Recreation Area Land Design South Ryan Homes West side of Congress Avenue, south of Hypoluxo Road Recreation within Parcel K of the Plat of Meadows 300, Plat Number 3, as recorded in Plat Book 48, Page 196-200, Public Records of Palm Beach County, Florida, in Section 7, Township 45 South, Range 43 East. Request for site plan approval to con- struct a private recreation area plus landscaping at Tract K of the Meadows Planned Unit Development Mr. Golden said this provided for the construction of 61 single family homes and a private recreation area. Tract K is located on the south side of Meadows Boulevard where it intersects with Meadows Way. This would be just south of the Club Meadows development. On the east, it is bordered by the future City park site, on the south by the L-19 Canal, and on the west by a storm water retention pond. The utilities were previously approved as part of the preli- minary plat submission. The Technical Review Board recom- mended approval, subject to staff comments. Karen Bentz, Site Planner, Land Design South, 515 North Flagler Drive, Suite 502, West Palm Beach, Florida 33401, said this is a small 1/2 acre site and will provide recrea- tion facilities for the exclusive use of the 61 residential homes. The facilities include a 15x30 swimming pool, a bath house facility with two restrooms, a tot lot, and a parking area for six cars. If there are 61 homes, Chairman Trauger wondered how they could have a parking area for only six cars. Mr. Annunziato - 36 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 explained that it was based on the walking distance. He noticed there was some concern about the size of the swimming pool and reminded the Members there was room for pools on the individual family lots. There was discussion. Ms. Bentz agreed to the staff comments. See Addendums L through Q inclusive attached to the original copy of these minutes. Mr. Ryder moved, seconded by Vice Chairman Winter, to approve the request. Motion carried 7-0. SITE PLAN MODIFICATION o Project Name: Agent: Owner: Location: Legal Description: Description: Main Street Car Wash Ken Zengage R. S. Pemper East Boynton Beach Boulevard at N. E. 1st Street, northeast corner Lots 9, 10, 11, 14 and 16, G. W. Copp's Addition, less South 18.5' of Lots 9, 10, and 11 for Boynton Beach Boulevard right- of-way and less West 25' of Lots 14 and 16 for N. E. 1st Street right-of-way Request for approval of an amended site plan to allow for the addition of an egress driveway onto N. E. 1st Street Vice Chairman Winter asked if this was the car wash that swore to the Board five or six years ago that they would never have an exit or egress except the one they were planning on Boynton Beach Boulevard. He was informed that they do not have one on Boynton Beach Boulevard. Chairman Trauger said the car wash people said they would never request one on Boynton Beach Boulevard., and they never have. Mrs. Huckle expressed that they really need the egress. Mr. Golden told the Members that the existing driveway is at the northern property boundary. He thought the cars origi- nally ingressed there, and there was some type of ingress and egress on 2nd street. A gate was put up, which poses a problem. There is also a problem with congestion around the wash area, and they need to get cars in and out more effi- ciently. The entrance would be to the north, and the egress Would be just to the south of it. Chairman Trauger observed that the applicant needs the driveway badly because it is so narrow in there. Mrs. Huckle noticed there was no circulation. - 37 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1986 Mr. Golden went over the staff comments with the applicant, and the applicant did not voice any objections to them at that time. (See Addendums R through T inclusive, attached to the original copy of these minutes.) Mrs. Huckle moved to approve the site plan modification, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:10 P. M. Patricia Rams eyer Recording Secretary (Three Tapes) - 38 -