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Minutes 08-12-86MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS CITY HALL, BOYNTON BEACH, FLORIDAw ON TUESDAY, AUGUST 12, 1986 AT 7:30 P. M. PRESENT: Walter "Marty" Trauger Chairman Garry Winter Vice Chairman George deLong John Pagliarulo Simon Ryder William Schultz, Alternate Carmen Annunziato Planning Director Tim Cannon Senior City Planner Jim Golden Assistant city Planner ABSENT: Leonard R. Mann, Alternate (Excused) Marilyn Huckle (Excused) Robert Wandelt (Excused) Chairman Trauger called the meeting to order at 7:30 P.M. The meeting proceeded with Chairman Trauger introducing the members of the Board. He recognized the presence in the audience of Councilwoman Dee zibelli, Ginny Foot, repre- senting the Greater Boynton Beach Chamber of Commerce, and the Recording Secretary. READING AND APPROWAL OF MINUTES Meeting of Tuesday, July 8, 1986 There being no additions or corrections, Mr. Ryder moved to accept the minutes as prepared, seconded by Mr. Pagliarulo. Chairman Trauger sustained from voting since he was not pre- sent at the July 8 meeting. The motion carried 5-0. ANNOUNCEMENTS Chairman Trauger announced that Leonard R. Mann has been appointed as an alternate member to the Planning and zoning Board. - 1 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUgust 12, 1986 COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT 1. PROJECT NAME: Waterview at Boynton Lakes AGENT: Michael Puder, Southeast Development Enterprises, Inc. OWNER: Southeast Development Enterprises, Inc. Florida Properties of Boynton, Inc. HMF Investment, Inc. LOCATION: East side of Congress Avenue, south of Hypoluxo Road LEGAL DESCRIPTION: See "Addendum A" attached DESCRIPTION: Request for the abondonment of a portion of a 10' utility easement (4' reduction) in Plats No. 5 and 6 at Boynton Lakes in order to allow for the addition of patios/screened enclosures. Mr. Annunziato requested the PUBLIC HEARING on the referenced project be postponed until the next regUlar meeting of the Planning and zoning Board which is scheduled to be held on September 9, 1986, at 7:30 P.M. Mr. Annunziato apprised the Board that one of the property owners has not yet submitted proper affidavits. - 2 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 PARKING LOT VARIANCE 2. PROJECT N~E: Chevron USA, Inc. AGENT: David J. Felton Felton, Forsyth, and Donovan, Inc. OWNER: Standard Oil Company, a division of Chevron Oil Company LOCATION: Congress Avenue at West Boynton Beach Boulevard, northeast corner. LEGAL DESCRIPTION: See "Addendum B" attached DESCRIPTION: Request for relief from Section 5-141 (g)(3) "Driveways" of the Parking Lot Regulations. Before initiating his presentation, Mr. Golden pointed out a correction in the second paragraph, second sentence of the memorandum from the Planning Department. He advised the sentence should read as follows: "In this instance, the applicant is requesting to be permitted to provide 45 foot driveway onto West Boynton Beach Boulevard and Congress Avenue." Mr. Golden stated the existing service station is located at the northeast corner of West Boynton Beach Boulevard and Congress Avenue. The proposal was submitted in connection with requests for site plan approval to provide for reconstruction of the existing service station and to pro- vide a convenience store and a car wash similar in design to the recently reconstructed Mobil Station at the southeast corner of the intersection. However, he advised a problem arose concerning the placement of above ground improvements in the L-24 Canal which abuts the property to the north. The L-24 Canal separates the Chevron property from the Montgomery Ward property which is developed as a shopping center, Boynton Square Plaza. The applicant has reached an agreement with the Lake Worth Drainage District, and he will be submitting the site plan for September review. However, - 3 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 the request for site plan approval will not change the nature of the variance request, and the variance is going forward this month due to notices of PUBLIC HEARINGS, etc. Mr. Golden advised the applicant is requesting to be per- mitted to provide a 45 foot wide driveway onto Congress Avenue and a similar driveway onto West Boynton Beach Boulevard. Both driveways will be located 25 feet from the north and east property boundaries. Mr. Golden stated the proposed driveway configuration would be in conformance with Section ll-L(5) of Appendix A, zoning, which provides regulations for newly constructed and reconstructed service station driveways. Mr. Golden reported that on Tuesday, August 5, 1986, the Technical Review Board met to review the plans and documents submitted, and to formulate a recommendation in regard to the variance requested. After review and discussion, the Technical Review Board recommended approval of the variance request, as submitted, owing to the fact that: (1) the applicant would be unable to access his property if required not to have driveways within 180 feet of the intersection of the rights-of-way lines; and (2) the proposed driveway con- figuration is in conformance with Section ll-L(5) of Appendix A, zoning, locational criteria for automotive ser- vice station driveways. In addition, Mr. Golden advised that the Planning Department noted that an additional 9.75 feet of right-of-way is to be dedicated for the reconstruction of the intersection of Boynton Beach Boulevard and Congress Avenue. He stated the Planning Department recommended this dedication be required within sixty days owing to the fact that the site plan was held up for a month, and that construction is pending on that intersection. In response to Mr. Ryder's inquiry concerning the curb cuts, Mr. Golden clarified that reconstruction will be required to properly size and locate the driveways. Mr. Golden pointed out this request is similar to the variance request which was granted to the Shell Service Station and the Mobil Service Station. - 4 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Applicant David Felton Agent for Chevron USA, Inc. 280 West Prospect Road Oakland Park, Florida Mr. Felton confirmed that the applicant is aware of the com- ments in relation to the dedication of the right-of-way that is already in process through the Engineering Department and the Properties Department of Chevron USA, Inc. He stated they will be able to meet the dedication requirements. As a.secondary item, Mr. Felton assured the Board that the applicant has both County and State clearances. In response to Mr. Ryder's inquiry, Mr. Felton stated the curb cuts would be partially relocated. The two curb cuts closest to the intersection would be eliminated, and the remaining two curb cuts would be partially used and upgraded. There being no responses in favor or in opposition to this proposal, Chairman Trauger declared the PUBLIC HEARING on this item closed. Mr. deLong moved the application be approved subject to staff comments, seconded by Mr. Ryder. Chairman Trauger stated it was moved and seconded that the request for relief from Section 5-141 (g)(3) "Driveways" of the Parking Lot Regulations be approved subject to staff comments. The motion carried 6-0. B. SUBDIVISION MASTER PLAN MODIFICATION 1. PROJECT NAME: Quantum~Park at Boynton Beach (Boynton Beach Park of Commerce) ~AGENT: OWNER: George zi~merman Deutsch-Ireland Properties MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 LOCATION: East of Congress Avenue, between the Boynton Canal and Miner Road. LEGAL DESCRIPTION: See "Addendum C" attached DESCRIPTION: Request for an amendment to the Development Order (ordinance No. 84-51) as amended by Ordinance No. 86-11 as follows: 1, Section 93: The amendment application procedure and sub- sequent proceedings have been duly conducted pursuant to the provisions of Florida Statutes, Chapter 380. 2. Section ~4, Subsection (1), Paragraph (c) shall be added as follows: (c) Boynton Beach Park of Commerce ADA, Amended Master Site Development Plan submitted July 7, 1986. 3. References throughout the Development Order shall be revised to conform to the Amended Master Site Development Plan, as approved. Such revisions shall be made in the interest of consistency and clarity. Mr. Annunziato advised the Board was presented a memorandum generated by him, dated August 8, 1986, which listed three items. The memorandum discussed procedure, changes in land use, Technical Review comments and recommendations. Mr. Cannon displayed an overlay of the proposed Master Plan on the screen for the Board's review. Mr. Annunziato stated on the Master Plan two major changes to what was previously approved were indicated. One of the changes is responsive to a staff comment which was made in - 6 - MINUTES -PLANNING AND ZONING BOARD MEETING BOYNTON BEACH' FLORIDA AUgUst 12, 1986 connection with the prior Master Plan Amendment request. The second involves a series of lots and combines them into one development lot. Referring to the first change, Mr. Annunziato pointed out the two lakes which occur adjacent to N. W. 22nd Avenue. He noted these lakes separate the commercial properties from N. W. 22nd Avenue, forming a frontage road recommended by the Planning Director at the time the first Master Plan was approved. This takes off the great number of egress and ingress trips through N. W. 22nd Avenue and puts them on the frontage road, allowing N. W. 22nd Avenue to function more efficiently. Mr. Annunziato advised the applicant is requesting to recon- figure the developable property and create a 55 acre tract of land along the southerly loop road. In connection with this, he stated there is a suggestion this property would be used for a large automated distribution facility. Because of this fact and the suggested changes, Mr. Annunziato created a series of questions which he believed the appli- cant could address and provide for the Board, the Staff, and the city Council with a performance explanation as to the impact of this change. Mr. Annunziato advised if this was not a development of regional impact, the Board would be responsible for approving the Master Plan modification and planned industrial development. However, because the authority is vested in the City Council according to State Statute, the Board is acting as an advisory Board to the City Council in this matter. Site Plan Issues In regard to site plan issues, Mr. Annunziato stated he is attempting to explain to the Board and to the City Council the difference in the type of items which would be addressed in the Master Plan amendment and in the site plan approval. He advised there is a recommendation from the staff that it is the consensus of the Technical Review Board that the Council and the Planning and zoning Board should make a finding of no substantial change with respect to the request- ed changes to the Development Order, as the changes requested - 7 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 comply with prior staff comments and reflect uses of land previously contemplated. Jon Moyle, Esq., Moyle, Flanigan, Katz, Fitzgerald & Sheehan 625 North Flagler Drive, West Palm Beach, Florida Representing Quantum Associates (formerly Deutsch-Ireland Properties) Mr. Moyle advised Mr. Deutsch was present at the meeting, and if necessary, would answer any questions. He stated George zimmerman was also present, and would comment speci- fically on the site plans. Mr. Moyle stated Mr. Annunziato requested a handout be pre- pared describing the specific technical amendments. He advised the request is similar to the last request which was presented to the Board as an amendment to the Development Order and approval of the amended site develop- ment master plan. Mr. Moyle noted the technical changes presented before the Board need not be discussed. Mr. Moyle commented the proposed changes did not constitute a substantial deviation, as contemplated under Chapter 380. The developed acreage proposed on this change increased by 1.6 acres over the Development Order approved in the last amendment. He reminded the Board that when it was amended the first time there was a decrease of 48.5 acres in terms of development acreage. Therefore, it is still a decrease from the original zoning order. On Page 3, referencing questions posed by the Technical Review Board, Mr. Moyle stated the setting aside of the large tract of land for an automated distribution facility does not result in the change of concept. Mr. Moyle referenced the second question - does the distri- bution center conflict with the number and type of jobs pro- jected in the ADA. He advised an updated report was provided by Goodkins Associates which pointed out the types of jobs projected are not in any way adversely impacted. - 8 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Mr. Moyle advised the next question concerned payrolls. The Goodkin Update also pointed out there would be no adverse or detrimental impact on payrolls, as projected in the ADA. Mr. Moyle advised the fourth question - the setting aside of the large tract for an automated distribution facility - is completely consistent with the description that was con- tained in the ADA. For instance, the use mix of the park will not be changed. He noted the lots would be enlarged, and the total number of square feet, which was proposed in the mix use description, does not change. As far as the lots on the Boynton Canal, adjacent to Laurel Hills, the facility being developed at that location will be architec- turally attractive and will be well planned. Mr. Moyle advised it will not have an adverse impact on the adjacent lots. Traffic Imp~ Mr. Moyie stated an updated traffic study was provided and indicated there is no change in traffic impact. Agent George zimmerman, Deutsch-Ireland Properties, Suite 1106, International Building, 2455 East Sunrise Boulevard, Fort Lauderdale, Florida 33304, Representing Quantum Park at Boynton Beach Mr. zimmerman advised the updated traffic study, attached to the submission, indicated the percentage of peak hour truck traffic has been increased, and noted the study worked back- wards through a test of the system in an effort to be cer- tain the system can support the traffic load, which is an increase from 5% truck traffic to 10% truck traffic. Mr. Moyle advised Goodkin Research Analysis described the type of distributors, (e.g., food warehouses, appliance distributors, department store warehouses, appliance dis- tributors, department store warehouses, and general warehouses). It also describes shippers, distributors, wholesale suppliers, operations centers, light manufacturing and assembling. Mr. Moyle advised the use proposed was ade- quately disclosed and discussed in the ADA. - 9 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Mr. Moyle advised the applicant has no problem in complying with the Technical Review Board's recommendations that the applicant construct a cul-de-sac at the south end of High Ridge Road and submit water distribution calculations for fire flow purposes. Mr. Moyle concluded the impacts are consistent with the original Development Order, as approved, and believed there was no substantial deviation. He requested the Board approve the requested changes. Mr. zimmerman commented on the site plan and a few other documents presented for review. He stated they deal pri- marily with the quality within the Park. He displayed the site plan on the screen for the Board's review. Qualit__~ of Development In regard to the quality of the development, Mr. zimmerman described the treatment of the roadways and the water areas, and how they are anticipated to be handled within the Park. He reminded the Board, although the traffic studies in DIR call for two-lane roadways throughout the facility, the applicant is putting in four-lane roadways with a divided section with medians fully landscaped with curb and gutter on both sides. He stated 100% of the development will be four-lane curb sections. Mr. zimmerman stated no changes have been made north of N. W. 22nd Avenue, and the plan is virtually the same, as shown previously. The changes concern the redistribution of prop- erties within this area. In regard to the area south of the Boynton Canal, as displayed on the screen, Mr. zimmerman advised there are 500 feet before the internal roadway system and another 100 feet before reaching the parcel that will be developed for this facility. He noted the Boynton Canal, at this point, is 150 feet, and there will be an 800 foot buffer before reaching the residential land to the south. Mr. zimmerman concluded the facilities located in this area are those contemplated in the original DIR. - 10 - MINUTES -PLANNING AND ZONING BOARD MEETING BOYNTONBEACH, FLORIDA August 12, 1986 Roadway~ As far as roadways, Mr. zimmerman described the location of the commercial properties. He stated the frontage road has been added, and a cul-de-sac has been eliminated since it is no longer required. The overall master drainage, sewerage, and water plans had minor variations to accommodate the changes. However, he advised there are no essential changes in concept from those originally submitted. In response to Mr. Schultz' inquiry, Mr. zimmerman confirmed there were two lakes located on the property line, as displayed on the screen, and indicated the location of the roadway entrances to the property. In response to Mr. Ryder's inquiry regarding other means of access bridging over the E-4 Canal, Mr. zimmerman indicated on the display screen the roadway proposed as a new bridge to be constructed over the E-4 Canal. Mr. zimmerman explained the updated traffic figures, sub- mitted with the Board's package in accordance with the DIR, are the numbers for the eventual total build-out of the Park, and the total build-out of the background traffic ten years down the road. Therefore, the traffic study has been completed in accordance with all of the previous traffic studies that incorporate all of the impacts, and are included within the report. Mr. deLong was concerned over Mr. Moyle's answer to Question Two and the impact of setting aside a large tract of land for the purpose of developing an automated distribution facility as well as the number and type of jobs projected. He stated Mr. Moyle's answer was not significant or basically the same. It appeared to Mr. deLong that had this 55 acres been used for high technology development, both the number of jobs and the amount of payrolls would be quite different from what is generated in automated distribution sites. Mr. Moyle clarified that the updated Goodkin Economic Report reflects there is no change in the mix as a result of this mix use, and there will not be an impact. - 11- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUgUSt 12, 1986 Mr. zimmerman added the original DIR proposal, as identified in the Goodkin Report which is a part of the DIR and ADA, indicated a substantial market for this land would be in the area of distribution. The portion, captioned in the write- up submitted, indicated the first example given was a food warehouse, which would be one of the most likely uses for the land. Mr. zimmerman explained the method used to determine the payroll and employees was based on a computer program which studies existing parks, and through the Goodkin Research the original numbers were derived. He stated a typical park in South Florida contains 30-35% distribution as a general rule within its park limitations. Mr. zimmerman advised the state- ment on marketing indicated the market would be established along the way, but the employment figures were for a typical light industrial park. The reason Mr. zimmerman believed it has not changed is because a good portion of the distribu- tion accommodated within this Park will be on this parcel. Because of the economics of this Park, it is not a prime candidate for distribution use. Mr. Moyle stated in the Board's backup material, there is a memorandum from Goodkin Research, which states there has been some concern about the impact the first tenant would have on the overall employment forecast. It indicates you must look at two points. He noted the most significant point is the last paragraph which states: "The distribution function was part of the original employment forecast. And because it is the first tenant, as opposed to the tenth, for example, is not cause to worry that the original employment forecasts cannot be achieved." Mr. Moyle stated this is totally consistent with the mix that was forecasted in the original DIR and the ADA. Mr. Ryder referenced Page 16 of the Goodkin Report, which states: "Based on the above statistics, it is clear that the supply of office space in Palm Beach County exceeds the demand. In the face of this glut, in - 12 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUgUSt 12, 1986 order to be successful, developers will be com- pelled to be more cautious..." Mr. Ryder questioned if Mr. Moyle feels this particular choice of the Publix's parcel is a response to this state- ment. Mr. Moyle answered in the affirmative. He stated, as pointed out by Mr. Goodkin, the major high quality tenant, such as Publix, chose to make their home in this park, and this will actually add to the quality of the Park. He further indicated "this is because quality tends to breed quality and high quality tends to cluster." Mr. Ryder referenced rental rents being $14-16 per square foot, as projected by the Research team. Mr. Schultz referenced the Goodkin Research on Page 15, at the top of the page, which states: "The demand for warehouse space is strong, and although several new industrial parks are com- peting in the marketplace..." Mr. Schultz believed it is very appropriate the research pinpointed what was going to happen to the initial deal on the Park. Mr. Annunziato commented the Staff has been involved in this request for more than a month. In discussions with the Technical Review Board, there were two analyses which were very simplistic and seemed to assist the Technical Review Board in its recommendations: Was this request fully anticipated initially? Mr. Annunziato believed this request was fully anticipated, but initially only the ten 5.5 acre parcels were seen as opposed to one 55 acre parcel. He stated this helped to formulate their position. Does this application look odd with respect to impacts relative to the ~pplication for development approval? Mr. Annunziato agreed it does look odd because it is the first application. As an example, he explained if ten years - 13- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 from now this was the last tract of land, in theory all of the other components, such as the job, salary, traffic com- ponents, would have been in place, and the impact of this would have been ,'another guy on the block." He stated this appears odd because it is the first large tract of land to be developed. He acknowledged this is the reason the con- sensus was reached. Mr. Schultz confirmed that Mr. Annunziato was requesting the recommendation by the Planning and zoning Board to the City Council as to whether the Board believes this is not a major deviation from the Plan. Mr. Schultz made a motion that the Board consider the requested change is not a major deviation from the Plan, seconded by Mr. deLong. Chairman Trauger stated it was moved and seconded the request of Quantum Park at Boynton Beach be approved, and the Board determined the recommendations contained no substantial change with respect to the question of the Development Order. The motion carried 6-0. USE CONCEPT 1.A. PROJECT NAME: Quantum Park at Boynton Beach (Boynton Beach Park of Commerce) AGENT: OWNER: LOCATION: George zimmerman Deutsch-Ireland Properties East of Congress Avenue, between the Boynton Canal and Miner Road LEGAL DESCRIPTION: See "Addendum C" attached DESCRIPTION: Approval of land use. Pursuant to Section 7E of the Appendix A of the zoning Code, approval as required in that Section, specifically for Publix. - 14 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Mr. Annunziato commented the contract purchaser of the sub- ject property is publix. Because this is a PID, he advised the Board is in the posture of approving the use, and noted the Board initially recommended the adoption of the ADA to the City Council which suggested a list of uses which is less specific. ~e believed the applicant would be interested in seeking the use approval from this Board for this user. There being no objection from the Board, Chairman Trauger added this item to the Agenda. Mr. deLong moved to approve the land use, specifically for Publix, seconded by Mr. Pagliarulo. The motion carried 6-0. PRELIMINARY PLAT 2. PROJECT NAME: Meadows 300 PUD Tract G - Club Meadows Phase III AGENT: OWNER: LOCATION: Jeff H. Iravani, P. E. Wilshire Corporation West side of Congress Avenue, south of Hypoluxo Road LEGAL DESCRIPTION: DESCRIPTION' See "Addendum D" attached Request for approval of the construction plans and prelim- inary plat which provides for the construction of infrastruc- ture improvements to serve 170 multi-family units in connection with a previously approved planned unit development. Mr. Golden stated the referenced request for preliminary plat approval follows a request for site plan approval for Phase III at the Club Meadows Rental Apartments. The site ~lan for Phase III was approved by the Planning and zoning ~oard and the City Council last month. He advised that - 15 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Tract G is located at the northwest corner of the Meadows 300 PUD, immediately south of the Lakes of ~ypoluxo PUD. The proposed utilities plan is acceptable to the Utilities Department, subject to a few engineering modifications. Mr. Golden advised that a dedication is to be placed on the final plat to provide for utility easements to serve the property to the north, the Lakes of Hypoluxo. Mr. Golden reported the Technical Review Board recommends approval of this request, subject to staff comments. Age_ n~ Jeff ~. Iravani, Consulting Engineer 5126 Coconut Boulevard, Royal Palm Beach, Florida 33411 Mr. Iravani advised the staff comments were reviewed, and there were no problems in conforming with them, with the exception of providing an easement for water and sewer, which would depend on an agreement with the owner of the parcel to the north. Mr. Annunziato stated Mr. Iravani's stipulation was not acceptable with the Planning Department. He stated the question generated by the applicant involves extension of public utilities to serve properties in the future. Without the benefit of extending a public sewer through this prop- erty, the city will be faced with' the expense in the future of maintaining in perpetuity an additional lift station. Mr. Annunziato advised there is an opportunity to connect the existing public utilities system with a sewer to the property north of the referenced tract, without the benefit of a lift station. iato aD rised the Board it is the position of the Mr. Annunz_ --P - -~ ~ ~=nnin~ DePartment that these Utilities ~epartmen~ anu ~ ~ = ~ utilities should be extended. In terms of professional maintenance, Mr. Annunziato advised this is the most appropriate way for the city to continue to maintain a public utilities system in this area, without - 16 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYTNON BEACH, FLORIDA August 12, 1986 involving expenses and perpetuity which the public would be required to pay. Mr. Iravani added he had no problem with providing water to the property to the north and stated a cost estimate has been developed determining the cost of this. He noted the property to the north is for sale, and at the present time, it does not have a developer. Mr. Iravani advised the cost figure was estimated at $42,000. He stated his client is willing to provide water and sewer to the property, providing he is reimbursed. Mr. Iravani advised his client is expending more than $1,000,000 in improving the Meadows project by providing massive water and sewer facilities. The applicant is willing to provide water and sewer to the adjacent property, providing the owner, Homes of Hypoluxo, reimburses him. Mr. Iravani stated the Utilities Department has requested the applicant to provide water and sewer to the periphery to the property to the north. The applicant has come up with a cost estimate, but the representative for the property to the north has not agreed to pay for it. Mr. Irav~ani reiterated the applicant will provide these facilities if he is reimbursed for the expenses incurred. Mr. Ryder noted the staff comments do not indicate easements for extending water or sewer facilities. Mr. Annunziato confirmed it is the position of the City that there are benefits which accrue to all developers of properties by the benefit of having the existing sewer plant, water plant and facilities in place. He admitted there is no question there are costs associated with extending utilities to the prop- erty line. As an example, Mr. Annunziato stated when you put a utility down the street, you do not bypass a house. As people tie on and pay capital utilities fees, those fees pay for items such as the 5,000,000 ground water storage tank, which will be constructed and will benefit this proj- ect and other City-wide facilities. Mr. Annunziato com- mented it is uncommon not to provide for utilities. In response to Mr. Ryder's inquiry, Mr. Annunziato stated the extent of the extension would be from the center of the - 17 - MINUTEs - PLANNING AND ZONING BOARD MEETING BOYNTONBEACH, FLORIDA August 12, 1986 driveway northward to the north property line, which is about 200 feet for sewer facilities. Mr. Iravani stated the applicant has submitted two proposals for the property to the north. Firstly, the property owner to the north can agree to pay for the cost of providing the sanitary line across the designated area. He stated the other proposal is that the applicant will provide an ease- ment on the east property line and along the north for a specific fee, which will be presented to the adjacent prop- erty owner. He noted the sanitary line would have to be deepened if an easement is to be extended in this area. This will cause the natural vegetation and landscaping to be torn up in the future, and the applicant will not agree to that. Mr. Annunziato advised the problem with Mr. Iravani's pro- posal is that the difference in pipe length the City would be required to maintain is 900 feet versus 200 feet. The preferred solution provides for the utilities to extend northward through thecenter of the property to the property line. He stated it is not uncommon for utilities to be extended to property lines. There are benefits which accrue to property owners at many different times and at many dif- ferent locations, as utilities are installed. However, Mr. Annunziato noted the property owners pay a penalty to the City in capital facility fees when they tie up to their projects. Mr. Iravani stated he never had a project where the owner was required to install a line for which he had no use in order for someone else to benefit from it in the future. He stated he has heard there are norms wherein the water line in front of the propertY is taken to the end of the property line. However, he noted something that costs about $20,000 for the owner is not acceptable. Mr. Iravani stated there are several ways in which the prop- erty owner to the north can obtain their sanitary sewer. He suggested they can have a lift station and have a force main, or they can use the easement offered at the east prop- erty line and meet with the sanitary line gravity. - 18 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986~ Mr. Iravani disclosed it is too much to ask t.he owner to incur additional expenses. He noted the property to the north is for sale at the present time. He stated the two proposals submitted are based on an approval that the prop- erty to the north will pay for the owner's expenses. He reiterated the owner is not willing to pay additional ex- penses "out of pocket" for a line which is of no use to the owner. In response to Mr. deLong's inquiry, Mr. Iravani stated the owner has spent over a $1,000,000 on the entire massive system road, and water and sewer facilities for the Meadows project. Mr. Iravani clarified to Mr. Pagliarulo that the water facil- ities are-no problem. He advised there is a force main which goes along Congress Avenue. A lift station can be built in that area to extend the force tank, and the exist- ing dedication and easement can connect to it. Sanitary facilities can be provided without an easement by his client. Mr. Iravani stated the City has asked the owner to give an easement to the property to the north. The owner is willing to give them an easement, but he needs to be compensated for the expenses he will incur. Mr. Annunziato acknowledged the applicant has expended substantial sums of money to construct the sewer system. However, he noted 75% of the cost of the major sewer systems off site was borne by the public. Mr. deLong commented a point is being reached all over the country, wherein the impact fees are becoming common and the developers are paying rather heavily. He stressed it is getting to a point where "the goose who lays the golden egg may be ready for slaughter." Mr. deLong pointed out there must be a breaking point and common sense should be used in determining where to draw the line. He acknowledged the City is in a position where it cannot commit for the other owner, because it does not know who will buy the property or what they will do with it. It poses a dilemna which is com- pounded because the City is reaching a point where even $42,000 on major projects is beginning to be felt because of - 19 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 the other millions that are being spent in impact fees. In summary, Mr. deLong pointed out it is a dilemna. It should not be a one way "kill the developer" situation, nor an additional expenditure for the City to incur in the future. Mr. deLong advised somehow these determinations must be sen- sibly decided. Mr. Iravani stated the applicant has offered two different proposals. One alternative proposes the property owner to the north can always acquire a 15 foot easement on the east property line and go with the gravity at any time in the future. At this time, it is unreasonable to commit the applicant to spend additional monies for someone else who may or may not develop in the future. In response to Chairman Trauger's inquiry, Mr. Annunziato clarified if the line was extended to the property line and sometime in the future the other developer decides to con- nect to the line, he would not have to reimburse the appli- cant, but would be required to pay a penalty to the City. In response to Mr. Schultz' inquiry, Mr. Annunziato clarified the alternative suggested by the applicant is to go east along the east property line and then south to the right-of-way and back southwest to tie onto the sewer. He stated it has been pointed out this is the route the gravity sewer would travel. Mr. Annunziato stated the alternate sewer line would be on the easement going south along the northeast property line. Mr. Annunziato further advised whatever solution will occur on this property, there will be easements required to con- nect onto the public utility system. He suggested whatever potential exists in not having a lift station is the pre- ferred way because lift stations require perpetual main- tenance and perpetual energy bills. Mr. Annunziato advised it is preferred and more beneficial to get to a utility system by gravity, and is a standard engineering design. Mr. Iravani stated the applicant's property has a large existing vegetation which has been planned to be left in its natural state. However, the City is asking the applicant to cut 20 feet through the existing vegetation and create an "ugly" appearance. MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUgUSt 12, 1986 From a maintenance point of view, Mr. Annunziato advised it is a difference of 900 less feet of sewer as opposed to 200 feet. In reference to the proposed alternative, Mr. Schultz was concerned if the Meadows Club Development would be, in turn, giving a right-of-way only for the eastern boundary of their property, and the other easement would come from whoever the future developer would be, if there is one. Mr. Annunziato believed this proposal would require an addi- tional easement along the north property line. Mr. Iravani clarified the applicant proposed one easement along the eastern boundary. Mr. AnnunziatO advised the Utility Director's recommendation is that the only alter- native is the easement on the north property line and the east property line to go around the property in the back.~ Mr. Iravani commented a through easement was not desirable because it would destroy the natural vegetation, and the owner would be required to expend additional expense for this line. Mr. Ryder commented the easements are necessary, and the alternate proposal was the preferred way to go. From the standpoint of the City, he believed the matter of doing away with the lift station and the costs involved would be bene- ficial. In the absence of public roads where normally there would be sewer and ~water lines and because it involves a large tract of land, Mr. Ryder believed the line must be installed, and since the applicant is the first developer, he should defray the costs of both sewer and water facili- ties. Mr. Iravani confirmed the owner will give the easements to the City at the east property line. *Mr. deLong clarified if the owner put in the sewer line at the cost of $42,000 to the periphery of the property, then when the property to the north is developed, that devel- oper pays a penalty fee. Mr. Iravani advised his client is unwilling to put that line in and destroy the natural vegetation on his property with *Should be, "In answer to a questionposedbyMr, deLong, Mr. Annunziato clarified . . ." See Minutes of 9/9/86. - 21 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 the easement in the middle of his property. He stated the applicant has offered the easement to the east, or if the developer comes up with the cost that is requested, then the applicant can put the line in at the same time. Mr. Iravani advised unless these two conditions are met, the applicant will not give an easement to the property on the north. Mr. Annunziato suggested if there is some desire on the part of the Board not to accept the Utility Director's recommen- dation, that at a minimum, easements along the north and east property line should be considered in order to be able to get into the gravity sewer. Mr. Iravani reiterated the applicant has come up with a design that does work with the easement on the east side and the north side of the property. Therefore, the City's main- tenance equipment can maintain that system, and there would be no problem. He stated that Mr. Cessna of the Utility Department has determined there is no problem with the grav- ity going along the east side. Mr. Annunziato clarified there is a need to go from west to east and then from north to south. In order to go from west to east, the applicant must cross the third property owner's property. Therefore, the easement must be on the south side of the north property line, and then on the west side and the east side. Mr. Annunziato advised this would require two easements at a minimum. Mr. Schultz confirmed reference was being madeto the piece of property, PUD LUI:5.0 acres, and questioned the piece of property to the east and to the west. Mr. Annunziato stated both were unincorporated with no development plans. He advised if the sewer is installed as recommended by the Utility Director, you can reach both of those parcels east and west of the PUD by gravity because it would be deep enough and would have enough run to reach both the parcel on the east and the parcel on the west by gravity. Mr. Annunziato stated the easement serves all of the properties north of this tract. From a utility point of view, he advised you cannot isolate one parcel of land from any other parcel since there is an interconnection in ser- vice. - 22- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 In response to Mr. Iravani's inquiry concerning the original plat submittal, Mr. Annunziato~Clarified when the plat was submitted over a Year ago, there was not as much knowledge available as is available today. Ed Schwab Representing Wilshire Corporation Owner of Tract G and MeadoWs 300 Mr. Schwab reminded the Board that four years ago he sub- mitted a site plan for review on Meadows 300. One of the conditions included extensions of water and sewer on the northern boundary and western boundary of the PUD. He advised that has been accomplished. The extension on the north end was by the Publix Shopping Center at Congress Square. The western section included one of the subroads that goes off from Meadows Boulevard. Mr. Schwab stated the City is now requesting the owner to do something else. He believed if the City desires to extend the utilities which is theirs to another developer, if the owner were to install the facilities, he should receive some credits on capital investments for the entire run that is over and beyond what is necessary for their development. He stated there is no way the owner will do it without any charge to either party. Mr. Schwab suggested either joining a third party agreement, or utilizing capital investment credits, or the owner will not develop the project. Mr. Annunziato advised there would be no problem in working out capital investment credits with the applicant. Mr. Schwab pointed out that Meadows 300 lift stations and the load on that particular station will reach capacity when that portion of Meadows is built out. He advised when the development to the north ties in by gravity, they will need to redesign the lift station. The lift station will require new pumps, and the holding tank might not be large enough. He stated the Master Plan as designed over four years anti- cipated that the developments north and those that might be incorporated to the City would tie in to the force main that is subbed out at Congress Square. - 23- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Mr. Schwab mentioned the applicant was in opposition because he believed he had done his part for the City years ago, and if the City WantS to proVide Utilities to another developer, it is agreeable with the applicant as long as he is reim- bursed. Mr. Annunziato concurred with Mr. Schwab's comments. He noted it might require some modifications to the lift sta- tion, and that will be at the expense of the person who causes that situation to occur. Mr. deLong moved the applicatiOn be approved, with the dele- tion of the engineer's recommendation, but subject to working out a capital improvement credit, seconded by Mr. Pagliarulo. Mr. Annunziato clarified the applicant is deserving of cred- its for the deepening of the sewer main and the extension of the sewer line to the property line to the north, and they are not referring to the lift station. Chairman Trauger stated it was moved and seconded that the Board approve the request for the Meadows 300 PUD Tract G - Club Meadows Phase III, with the deletion of the engineer's comments, and subject to other staff comments, and working out credits for the deepening and extension of the sewer line to the north property line with its easements. The motion carried 6-0. 3. PROJECT NAME: Meadows 300 PUD Tract K - Lakeshore AGENT: Greg Proctor, p. E. OWNER: LOCATION: Ryan Homes West side of Congress Avenue, south of Hypoluxo Road LEGAL DESCRIPTION: See "Addendum E" attached - 24- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 DESCRIPTION: Request for the approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve 61 single- family units in connection with a previously approved planned unit development. Mr. Golden stated Ryan Homes is proposing to'construct 61 detached single-family units in Tract K in the Meadows. As a matter of interest, Mr. Golden has been informed these homes will be marketed in the $70,000 priCe range. Tim Cannon displayed a map of the referenced section on the screen for the Board's review. Mr. Golden adviSed Tract K is located on the northeast por- tion of the Meadows PUD. Located to the north of this prop- erty is Meadows Boulevard. To the east is a vacant parcel, which is the site of the future City park. To the south is the Lake Worth Drainage District L-19 Canal. To the west is a storm water retention area. Mr. Golden advised access to the proposed plat will occur by way of a 50 foot local street and will connect onto Meadows Way, immediately West of the intersection between Meadows Way and!Meadows Boulevard. Mr. Golden stated the engineering plans for the water and sewer facilities are adequate, subject to the comments from the Utilities Department. He advised the Technical Review BOard recommends approvaI of this request, subject to staff comments. In response to Mr. Ryder's inquiry, Mr. Golden indicated the public streets are Meadows Boulevard, Meadows Way, and the street within the plat, Tract K. Agent Greg Proctor Engineer Representing Ryan Homes - 25 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA Mr. Proctor advised there are no problems complying with the staff comments, except for one issue wherein the Utility Department made a comment concerning a possible connection of a water main across the L-19 Canal. He did not believe the water main was necessary. Mr. Proctor added the Meadows 300 PUD was set up with master utilities, providing for water mains running along Congress Avenue and Meadows Boulevard. Mr. Annunziato could not comment as to the necessity to tie onto to the south since this was a recommendation from the Utility Department. Mr. Proctor believed one of the Utility Department's areas of concern was the chlorine residual being built up in the lines, and Mr. Proctor did not believe there would be.a chlorine residual buildup. He explained the project would be a young family-oriented type develop- ment, and every block would have service at all times. He further explained servicing to the tracts to the south is supplied by the water line at Meadows Boulevard which loops around and ties into Congress Avenue on the south. In response to Chairman Trauger's inquiry, Mr. Proctor acknowledged he had not spoken to the Utility Department regarding this issue. Mr. Annunziato clarified to Mr. Ryder that several of the tracts are developed by third party developers. He stated he foresees no problems as the individual tracts are devel- oped, and noted there are requirements which could not have been anticipated at the time of the Master Plan. Mr. Proctor believed this problem could be worked out with the Utility Department, but he just wanted to voice his objection to the Board. Without the availability of additional information, Mr. Annunziato recommended accepting the Utility Department's comments. He could not explain the reasons why it was important to the Utility Department, but he stated their comments were probably based on utility service or maintenance. Mr. Proctor reiterated the two aerial crossings, one on Congress Avenue and one on Meadows Boulevard, are suf- ficient, and another aerial crossing is unnecessary. - 26- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 In response to Mr. deLong's inquiry, Mr. Proctor explained at one of the preliminary meetings, Mr. Mazzella, Utility Engineer, brought up this issue. At that time, Mr. Proctor did not officially voice his objection, and advised the Board he had picked up his permits the previous day. Mr. Schultz commented that the comments were not clear or detailed, and some were handwritten and difficult to read. Mr. 'Pagliarulo noted it does stipulate the southwest corner of the project. Mr. Annunziato commented it is clear what is being requested and where it is being requested. Discussion continued among the Board members as to the com- ments stipulated by the Utility Department. Mr. Ryder believed the Planning and Zoning Board should not disregard the recommendations submitted by the Utility Department. Mr. Ryder moved to approve the application for Meadows 300 PUD Tract K, in accordance with the staff comments, seconded by Mr. Winter. Chairman Trauger stated it was moved and seconded that the Board approve the Meadows 300 PUD Tract K, subject to all staff comments. The motion was defeated by a vote of 4-2. Members voting in favor of the motion: Simon Ryder Garry Winter Members voting in opposition to the motion: Walter Trauger George deLong John Pagliarulo William Schultz Mr. deLong moved the application be approved subject to staff comments, with the exception of the directive from the Utility Engineer's Memorandum, Paragraph 2, to the extent that Mr. Mazzella, Utility Engineer, specifically clarify - 27 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 the exact location of the 20 foot easement, and the appli- cant be given an opportunity to enter into discussion with Mr. Mazzella, and the reasons for it, seconded by Mr. Schultz. Chairman Trauger stated it was moved and seconded the Board approve the application with the staff comments, with the exception of Paragraph 2 of the Utility Engineer's comments, and that the applicant be given an opportunity to discuss with the Utility Engineer the reasons for the 20 foot ease- ment, its location, and need. The motion carried 5-1. Member votinq in opposition to th~ motion: Simon Ryder 4. PROJECT NAME: Hunters Run Tract E - Replat of Tract No. 5 at Northwoods Addition No. 1 AGENT: Gary Maresca OWNER: George Culverhouse LOCATION: Tract No. 5 at Northwoods .Addition No. 1 ~LEGAL DESCRIPTION: See "Addendum F" attached DESCRIPTION: Request for a replat of Tract No. 5 at Northwoods Addition No. 1 to provide for 3 single-family lots. Mr. Golden advised this is a request for a replat of Tract No. 5 at Northwoods Addition No. 1. The purpose of the replat is to redefine the boundaries of three single-family lots. Mr. Golden stated the subject parCel is located in the extreme northwest corner of the Hunters Run PUD, and is bor- dered on the north by the L-28 Canal, and on the west by Barwick ROad. - 28 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA/ August 12, 1986 In regard to the utilities, Mr. Golden advised no construc- tion plans have been submitted since all the utilities have been approved With the platting of this portion of Hunters Run. Mr. Golden Stated the Technical Review Board recommended approval of this request, subject to the comments from the Engineering Department concerning the plat document. Gary Maresca 3 Petry Circle Boynton Beach, Florida Mr. Maresca advised the Board he had no objections to the staff comments. Mr. deLong moved the application be approved, seconded by Mr~ Ryder. The motion carried 6-0. C. SITE PLAN 1. PROJECT NAME: AGENT: OWNER: LOCATION- Seagate Service Center Thomas E. Brandt Thomas E. Brandt George A. Von Essen Approximately 200 feet east of the Thor Drive dead-end, adjacent to the Seaboard Railroad right-of- way. LEGAL DESCRIPTION: See "Addendum G" attached DESCRIPTION: Request for site plan approval to construct a 52,024 square foot .computer disc drive repair facil- ity on 6.10 acres. Mr. Golden advised this request was originally scheduled to be presented before the Planning and Zoning Board at their - 29- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 July meeting. However, a number of issues arose concerning the property and easement rights held by the Lake Worth Drainage District, which were not resolved prior to the July meeting of the Planning and Zoning Board. Mr. Golden stated the subject issues have been resolved, and this request is ready_to go forward at this time. Location In regard to location of this project, Mr. Golden advised the proposed computer disc drive repair facility is to be located approximately 200 feet east of Thor Drive. To the north is the L-29 Canal on which the site will be partially constructed. Further to the north is Caloosa Park. To the east is the right-of-way for the Seaboard Railroad. To the south is UPS, and to the west is a vacant parcel which separates the proposed site from Thor Drive. Mr. Golden advised the applicant possesses a 25 foot private access easement across the property. He stated the private access easement is immediately south of the canal on the vacant parcel, as indicated on the map displayed to the Board members. · Structure Mr. Golden stated the proposed structure consists of 52,024 feet of floor space, and will be about 32 feet 4 inches in height. The type of construction is not specified on the site plan. However, Mr. Golden advised the finish will be stucco, with grey tinted glass windows. Site Layout In regard to site layout, Mr. Golden advised the applicant has been required to submit two site plans, Site Plan A and B. Site Plan A Mr. Golden stated that Site Plan A, which is a primary site plan, takes advantage of the easement agreement with the Lake Worth Drainage District for the L-29 Canal to provide for additional parking and access. - 30- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Tim Cannon pointed out the access driveway, parking area, and canal on the display screen. Mr. Golden advised access to the site is prOvided by extending a driveway from the Thor DriVe dead-end through the canal to the site. Mr. Golden stated additional parking, beyond the Code requirements,! is also provided in the L-29 Canal easement. On-site parking is provided on the east side of the bUilding. In addition, two loading bays are provided at the southeast andisouthwest corners of the building. Mr. Golden deScribed to the east is an employee lunch area, which will be a covered structure, and will be located be- tween the building and the parking lot. Site Plan B Tim Cannon displayed the Alternate Site Plan B on the screen for the Board's review. Under the Alternate Site Plan B, Mr. Golden advised no parking or access has been provided in the L-29 Canal ease- ment. He stated this plan assumes the Lake Worth Drainage District has revoked the applicant's easement rights to pro- vide for access and parking in the L-29 Canal easement. Mr. Golden explained if the applicant does not maintain the area properlY, it could be subject to revocation by the Lake Worth Drainage District. He advised this probably would not occur because the applicant does derive benefits from uti- lizing the property. To ensure the site is properly designed according to development regulations, this is required as a back up plan, in case that event were to occur. Under this plan, Mr. Golden advised the access is provided by extending the driveway through the private access ease- ment on the vacant parcel to the west. Mr. Golden stated this does make the Alternate Site Plan comply with the City's development regulations. - 31- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Utilities In regard to the utilities, Mr. Golden advised the water and sewer plans are acceptable, subject to the staff commentS, and the issuance of proper permits by the Lake Worth Drainage DiStrict. Recommendation Mr. Golden Stated the Technical Review Board recommends approval of this request, subject to staff comments. ~gent Thomas E. Brandt 2730 Cardinal Circle Gulfstream, Florida Mr. Brandt questioned two staff comments. One refers to a ._limitation of parking on the southwest corner. The second co~nent concerned a requirement that the applicant provide survey cross sections of the railroad property, the justifi- cation being that no dirt would be dumped in the ditch. Mr. Brandt requested the applicant not be required to survey the railroad property. Concerning the cross section, Mr. Annunziato suggested that Tom Clark, City,Engineer, in order to accommodate the railroad, probably believed it was important the impact of this development did not negatively impact the railroad, and became the basis for examination. He admitted he did not know the purpose of the comment about parking, and referred the question to Mr. Golden. Mr. Golden responded the parking regulations require that when there is angle parking, there should be a safe and unobstructed distance of 18 feet from backup. Mr. Brandt advised he understood the comment, and had no objections. In regard to surveying the adjacent railroad property in order to provide a drainage district cross section, - 32- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Mr. Annunziato clarified the staff comment stipulated a typical cross section to the railroad right-of-way should be provided. Mr. Annunziato advised the railroad uses its swale area for drainage, and believed the intent is the situation for the railroad not be altered. Mr. Ryder confirmed the applicant will require the use of a surveyer, and Mr. Brandt agreed there would be no problem in surveying the grounds, and had no objections in complying with the staff comments on this issue. Mr. Ryder moved to approve the request for Seagate Service Center, in accordance with the staff comments, seconded by Mr. Winter. Chairman Trauger stated it was moved and seconded that the Board approve the Seagate Service Center application, sub- ject to completion of all staff comments The motion carried 6-0. ' SITE PLAN MODIFICATIONS 2. PROJECT NAME: Boynton Lakes Plat No. 1 AGENT: Frank M. Sessler OWNER: Boynton Lakes Plat No. 1 Homeowners Association LOCATION: East side of Congress Avenue, south of Hypoluxo Road LEGAL DESCRIPTION: See "Addendum H" attached DESCRIPTION: Request for approval of an amended site plan to increase the length of screened porches by 4 feet to accommodate a portion of the units in Plat No. 1. Mr. Golden advised in December, 1985, the Planning and Zoning Board and the City Council approved a request by the Homeowners, Association to allow for two different versions of a 9 by 16 screened porch. The homeowners, interested in - 33- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 the porches at that time, were owners of the newer and slightly smaller models. More recently, he advised the owners of some of the older and larger models in Plat 1 became interested in building the enclosures. However, they discovered the enclosure, 9 by 16, previously approved, when placed in the rear of the older and larger unit, would rest in the middle of a window or in the middle of a door. Mr. Golden advised the request is for an increase of 4 feet in length, in order that the enclosure would encompass both the door and the window. Mr. Golden stated the Technical Review Board recommends approval of this request, subject to staff comments, which consists of a memorandum from the Building Department, distributed prior to the meeting. Mr. Annunziato explained at the time of the preparation of the Agenda, there were a few Building Code questions, which needed to be researched. He advised the preparation of the Agenda and the material cannot be delayed in order to wait for memorandums, and there is a point where a decision must be made. Therefore, additional information is transmitted at the meeting. Mr. Ryder questioned if there were any restrictions with regard to rear setbacks. Mr. Golden clarified this had been previously approved. The original application called for the 9 by 16 measurement, and in this request, the appli- cant is going no further back. The applicant is still requesting a 9 foot wide enclosure, and is just making it longer for the larger units. Mr. Golden advised the applicant, Mr. Sessler, was unable to be present at the meeting since he recently had an opera- tion. Mr. Golden stated he had spoken with Mr. Sessler, and the applicant advised he had seen the staff comments and had no problem with them. Mr. deLong moved to approve the application, subject to staff comments, seconded by Mr. Pagliarulo. Chairman Trauger stated it was moved and seconded that Boynton Lakes Plat No. 1 request for the extension of - 34- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 screened porches be approved, subject to staff comments. The motiOn carried 6-0. 3. PROJECT NAME- AGENT: OWNER: LOCATION: Hunters Run Tract E - Tract 5 at Northwoods Addition No. 1 Gary Maresca George Culverhouse Tract No. 5 at Northwoods Addition No. 1 LEGAL DESCRIPTION: See "Addendum I" attached DESCRIPTION: Request for approval of an amended site plan in order to designate single-family lot boundaries and to allow for additional amenities including swimming pools, spas, and a gazebo for two of the three single-family units. Mr. Golden advised this site plan had been presented before the Planning and Zoning Board on a previous occasion. This is a resubmittal in connection with the replat to show the single-family lot boundaries and to provide for the ameni- ties, as noted on the Agenda Description. Mr. Golden stated the Technical Review Board recommends approval of the request, and there are no staff comments. Mr. deLong moved to approve the application, seconded by Mr. Schultz. Chairman Trauger stated it has been moved and seconded that the request for an amended site plan in order to designate single-family lot boundaries and to allow for additional amenities including swimming pools, spas, and a gazebo for two of the three single-family units be approved. The motion carried 6-0. - 35- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 4. PROJECT NAME: AGENT- OWNER: Lake Worth Mariner Village Robert E. Kuoppala Lake Worth Mariner Village Homeowners Association LOCATION: Federal Highway at N. E. 12th Avenue, east side LEGAL DESCRIPTION: See "Addendum j,, attached DESCRIPTION: Request for approval of an amended site plan to allow for the addi- tion of screened porches. Mr. Golden stated this is a request to convert the existing wooden balconies to the rear of the condominium unit with the screen enclosures with an aluminum roof. The previously approved site plan for Lake Worth Mariner Village was displayed on the screen for the Board's review. He noted some of the detail was lacking on the overlay. Mr. Golden advised the Technical Review Board recommends approval of the request, subject to the memorandum from the Building Department, distributed prior to the meeting. Mr. Schultz pointed out these were attached buildings, and fire.walls must protrude out. He noted this is not a simple screen enclosure, and advised the Board to review the memorandum distributed by Mr. Annunziato. Ag__.ent Robert E. Kuoppala Architect for the Project 4500 Belvedere Road West Palm Beach, Florida Mr. Kuoppala advised he is proposing to enclose a portion of the 6 foot patio and extend the patio and the screen enclosure to the seawall, which is now existing. He acknowledged they are attached townhouse units, which require tWO-hour separation between units. - 36- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Mr. Kuoppala advised the covered screened areas are non air- conditioning spaces, not within the living area of the unit itself. Looking through the Standard Building Code, Mr. Kuoppala noted it does not address whether the two-hour separation needs to continue beyond the living area. He stated the Building Department questioned whether two-hour separation walls must extend to the screen enclosures. In addition, the Building Department is asking for a one-hour construc- tion on the roof. He noted the Standard Building Code does not address this item. Mr. Kuoppala advised Mr. Ryder this item was discussed with the Building Department, and he had just received the com- ments yesterday. He briefly spoke to Mr. Yaeger, who was of the opinion that it was clear in the Building Department comments that this two-hour separation wall and the one-hour roof assembly would be required. Mr. Kuoppala's opposition is this is an outdoor area; it is a screened enclosure and not a living area. In Mr. Kuoppala's opinion, the request for the extension of the wall, and the one-hour roof assembly seemed unjust. In response to Mr. Ryder's statement, Mr. Kuoppala responded he would comply with the stipulated requirements, but he would like to debate the Building Department's requested requirement. Mr. Annunziato advised this was an improper forum to debate whether there is an inconsistency for a blind area in the Building Code. He believed the Building Official is in power to make interpretations, and did not believe that this Board had the authority to supersede the Building Official's interpretation of the Building Code. Mr. Schultz confirmed the applicant would be extending the patio section to the seawall, leaving a two-feet wide walk along the seawall. Mr. deLong referenced the last sentence of the first paragraph in the memorandum from the Building Department, wherein it states the 1985 Standard Building Code, when adopted, will allow the roof to be constructed of non- - 37- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 combustible material, without the one-hour rating. In response, Mr. Kuoppala commented that Mr. Yaeger stated this Code is a month to two months from adoption. Mr. deLong agreed with Mr. Annunziato that any approval must be subject to staff comments. Discussion continued among the Board members concerning the fire wall and the distance to the seawall. Mr. Schultz noted there was no comment submitted from the Fire Department. Mr. Annunziato clarified the matter was discussed with the Technical Review Board. Mr. Ryder moved to approve the request of the Lake Worth Mariner Village, Homeowners, Association, in accordance with the staff comments, seconded by Mr. Winter. Chairman Trauger stated it was moved that the Board approve the request of the Homeowners' Association of Lake Worth Mariner Village, subject to the staff comments The motion carried 6-0. - ' 5. PROJECT NAME: AGENT: OWNER: LOCATION: Meadows Square Shopping Center Kieran J. Kilday Turks & Caicos Corporation, B. V. c/o Joseph Franks Congress Avenue at Hypoluxo Road, southwest corner LEGAL DESCRIPTION: See "Addendum K" attached DESCRIPTION: Request for approval of an amended site plan to allow for retail gasoline sales at the convenience store (Farm Store) and a change in parking lot layout and design. Mr. Golden advised in May, 1986, the Planning and Zoning Board approved a request fOr a site plan approval at the Meadows Square Shopping Center. The Board voted to approve the convenience store, but recommended to the City Council that the retail gasoline sales be denied. The City Council - 38- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 accepted the Board's recommendation, and the retail gasoline sales were denied. Mr. Golden stated the request presented before the Board at this meeting is to allow for retail gasoline sales at the previously approved Farm Store/convenience store. In addi- tion, he advised included in the request is a change in parking lot layout and design. The primary change in parking lot layout and design concerns the relocation, reconfigurations, and removal of several dumpster enclosures which posed a problem. Mr. Golden advised included in the parking lot redesign is widening of the driveway onto Meadows Way, in the vicinity of the Farm Store, to provide for a separate right turn and left turn egress onto Meadows Way. This would accommodate the additional traffic anticipated with the addition of the Farm Store/convenience store. Mr. Golden stated the Technical Review Board recommends approval of this request, subject to staff comments, con- sistent with the memorandum from the Utilities Department. Tim Cannon displayed the site plan on the screen for the Board's review. Mr. Golden advised the applicant is requesting that the gasoline pump islands be approved. He stated the driveway is being widened to 36 feet. Mr. Golden clarified to Mr. Ryder that the applicant desires to readdress the Planning and Zoning Board in an attempt to obtain positive recommendation. Agen~ Kieran J. Kilday, Landscape Architect, Kilday & Associates, 1551 Forum Place, West Palm Beach, Florida, Representing Meadows Square Shopping Center Mr. Kilday advised there are several changes, which will be addressed by his Traffic Engineer. He stated at the time the application was initially filed, it was submitted to the Technical Review Board with a significantly different plan. - 39- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Based upon the Technical Review Board's comments, the appli- cation was withdrawn. .After resolving the problems, it was resubmitted and approved by the Technical Review Board. He acknowledged he was not present when the request was laSt presented to the Planning and Zoning Board. At that time, there was concern on how the circulation worked on the site, and whether the gasoline pump locations would cause a problem. Mr. Kilday believed part of the problem was that they had sat back after the Technical Review Board was satisfied, and it seemed everything was fine. After meeting with the Traffic Engineer, Mr. Kilday decided to develop the plan on a larger scale in order to show the traffic patterns, and in an effort to resolve most of the problems. He pointed out they "gave up the cow" and the actual building will be architecturally designed to match the existing Publix center on the site. Mr. Kilday advised that Bert Smith, Consulting Engineer, made a few changes to the plans in order to ensure that cir- culation out onto Meadows Road would be met. Bert Smith Consulting Engineer Mr. Smith advised there were a few alternatives suggested to Mr. Kilday. One was to make an access way an egress only to the shopping center. Mr. Smith showed a layout map to the Board for their review and discussion. Mr. Smith advised they eliminated a conflict in the entering and exiting movements, as well as most of the conflicts with the shopping center traffic. He noted shopping center traf- fic would be entering by the Meadows Road access point. Mr. Smith stated the main entrance to the shopPing center has been widened to 36 feet, which will permit right and left turn movements simultaneously. In response to Mr. Ryder's inquiry, Mr. Kilday advised the trucks would not enter from Hypoluxo Road but from Congress - 40 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 Avenue. Mr. Kilday desribed the location of the outparcels on the layout map shown to the Board members. Mr. Kilday described the circulation pattern, and noted people from the front are not permitted to exit through the rear. Therefore, he advised it is not a situation where a large amount of traffic is created. With regard to the overall plan, Mr. Kilday stated it shows there is a significant amount of room on the site. Because there was much concern over the truck traffic, he determined from Publix that they have a minimal amount of truck traffic per week, mostly early morning or late evening deliveries. He noted the other stores are specialty shops and have less truck deliveries. With regard to the amount of traffic, Mr. Kilday compared this type of store to the gasoline station. It runs about 25% of the volume of business of a major gasoline station. Mr. Kilday concluded it is extremely important to the con- venience industry that they have gasoline sales as part of their overall program. In response to Chairman Trauger's inquiry, Mr. Kilday advised the location of the underground gasoline storage tank does not create a problem. He had previously met with the Utility Department, and is supplying them with the appropriate drawings. Mr. Kilday reitereated the gasoline tanks are not located near the City utility lines. Mr. Kilday agreed with Mr. deLong that approval would be subject to the agreement of where the gasoline tanks would be located. Mr. deLong moved to approve the application, subject to staff comments, seconded by Mr. Schultz. Chairman Trauger stated it was moved and seconded that the Board approve the Meadows Square Shopping Center request, sUbject to staff comments. The motion carried 6-0. D. Comments by Members None. - 41- MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA August 12, 1986 E. ~djournment There being no further business to be discussed, the meeting of the Planning and Zoning Board adjourned at 10:00 P.M. The next meeting of the Planning and Zoning Board is scheduled to be held on Tuesday, September 9, 1986, at 7:30 P.M. Carol Ann Brown Recording Secretary (Four tapes) - 42- I0 FOOT UTILITY EASEMENT TO I~E ABANDONED.. · i'ORTION OF BOYNTON LAKES - PLAT~ NO. ~ (is. Ii.l).) . . .LEGAL DF-SCRIPTION A PARCEL OF-LAND LYING IN SECTION S~ TOWNSHIP ~] SOUTH, RANGE EAST~ PALM BEACH COUNTY· FLORIDA~ 5AID PARCEL BEING A PORTION OF BOYNTON LAKES - PLAT NO..$ (P~U.D.) AS RECORDED IN PLAT BOOK 52, PAGES 10~ THRU 10~ OF .THE RUBLIC RECORDS OF PALM BEACH 'COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLO'~5: THE NORTHERLY 10.00 FEET OF LOTS ~ THRU 8~ BLOCK 3, THE NORTHERLY 10.00 FEET OF TRACT "P"~ ~THE NORTHWESTERLY 10.00 FEET OF I_'OTS I THI~U 8, BLOCK ~ THE NORTHWESTERLY I0.00 FEET OF TRACT ~Q''· THE ~SOUTH- ~' 10.00 FEET OF LOTS 2 THRU ~, BLOCK 5~ THE. NORTHWESTERLY 10, r OF LOTS ~ THRU .8~ BLOCK §, THE NORTHWESTERLY 10,00 FEET OF ~TI~LACT ~'~1"~. THE NORTHWESTERLY I0.00 FEET OF LOT5 ~ THRU 8~ BLOCK '~' 1.0.00 FEET.OF TRACT 'I"~ ALL OF THE ABOVE BEING AN 'EXISTING 10.00 FOOT UTILITY EASEMENT AS SHOWN ON THE ,KES - PLAT NO. ~ (P.U.D.) AS RECORDED IN PLAT BOOK ~2~ PAGES 10~ THRU 10-8 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY~ Le~aI Description: A'parcel of land in Section 29, Township 45 South, Range 43 East, more particularly des6ribed as follows: ' Commence at the northwest corner of Section 29, Township 45 South, Range 43 East, thence N-87°43'48"E. along the north line of said Section 29 for 60.01 feet to the east right-of- way line of'Congress Ave.; thence S.0o58,29,,E.. along said right-of-way line for 41.19 feet to the point.of beginning of the tract of land hereinafter, described; · - thence N.87o43,48,E. for 200..00 feet; thence S.0o58,29,,E., parallel with the west line of said Section 29, for 175.64 feet to the north right-of-way line of Boynton' Road; thence S.87-54,06,,W. along said north right'of-way line for 174.150 feet to a point of curve; thence northwesterly along the arc of a circular curve concave to the northeast, said. curve haVing a radius of 25.00 feet and a central angle of 91"07'25,, for an arc distance of 39.76 feet to a point of tangency with the east right-of-way line'of said Congress Ave.; thence N,0o58,29,W. for 149.54 feet to the 'point of beginning. ADDENDUM B MEMORANDUM 6 August 1986 TO: FROM: Chairman and Members .Planning and Zoning Board Carmen S. Annunziato Planning Director Chevron USA Parkin9 Lot Varianco Section 5-144[c)(4) of the Code of Ordinances requires that When a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must 'forward to the Pi~nning and Zoning Board a recommendation, and that the recommendation forwarded is to be made part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-144(c)(4). David J. Felton, agent for Chevron USA, Inc. t has requested a variance to Section 5-141(g)(3) Driveways, of the Parking Lot Regulati~ons which requires among other things drivewiys maybe constructed closer than 180 feet' that no to the intersection of the rights-of-way lines on arterial roads. In this instance, the applicant is requesting to be permitted to provide a 45 foot wide driveway onto Congress Avenue. Both driveways would be located 25 feet from the east and north property boundaries respectively~ The proposed driveway configuration would be in conformance with Section ll-L(5) of Appendix A, Zoning, which provides regulations for newly constructed and reconstructed automotive service station driveways. The variance request is. being submitted in connection with a site plan which proposes to raize the existing gasoline station and replace it with a new facility which will include four gasoline pump islands, a convenience store and a car wash. The Chevron automotive service station in question is located at the northeast corner of West Boynton Beach Boulevard and Congress 'Avenue. For~an explanation of the code requ~ement, the nature of the variance requested, and the variance justification, please refer to the attached Notice ofP%hblic Hearing and application. OP~esday, August 5, 1986 the Technical Review ~oard (TRB) met to review the plans and documents submitted, and to formulate a recommendation with regard to the variance requested. After review and discussion, the TRB recommended approval of the variance request as submitted, owing to the fact that: (1) the applicant would be unable to access his property if required not to have driveways within 180 feet of the intersection of the rights-of-way lines, and (2) the proposed driveway configuration is in conformance with Section ll-L(5) of Appendix A, Zoning, locational criteria for automotive service station driveways. In addition, the TRB requested that the applicant be advised that in connection with his request for future site plan approval, a dedication of 9.75 feet of right-of-way for Boynton Beach Boulevard will be required. /bks cc: City Manager Technical Review Board Central File LEGAL DESCRIPTION: A Tract of land lying partially in Sections 16, 17, 20 and 21, Township 45 South, Range 43 East, Palm Beach County, Florida, said Tract bein~ more particularly described as follows: commencing at the Southwest corner of said Section 17; thence North 1°44'39'' East, along the West line of Section 17, a distance of 1318.10 feet to a point in the intersection with the centerline of N.W. 22nd Avenue, as recorded in O.R. Book 1738, P~qe 16~6, of the Public Records of'Palm Beach County, Florida; thence with a bearin~ of North 89o04'32'' East, _ _ alon~ the centerline of N.W. 22nd Avenue, a distance of 778.37 feet to the Point of Beginning; thenCe North 1°44'39'' East, a distance of 1247.06 feet to the South right- of-way line of L.W.D.D. Lateral 21; thence North 89°08'49'' East along the South right-of-way line L.W.D.D. Lateral 21, as recorded in O.R. Book 1732, Page 612, of the Public Records of Palm Beach County, Florida, a distance of 635.93 feet to the center!ine of ~ the L.W.DoD. Equalizing Canal E-4, as recorded in O.R. Book.~7~2, Page 612, of the Public Records of Palm Beach County, Florida;' thence along the centerline of the above described E-4 Canal with a curve to the right having a chord bearing of North 10%32'52" East, a radius of 750.00 feet, a central .angle of 4°04'17", and an arc length of 53.29 feet; thence continue along the centerline of the E-4 Canal, with a bearing of North 12°35'00'' East, a distance' of 320.69 feet to a point of curve; thence with a curve to the left havin~_ a radius of 6500.00, a central angle of 3°28'30", and an arc length of 394.23 feet; thence North 9°06'30'' East, a distance of 1979.16' feet to a point on 'the North Line of Section 17; thence with a bearing of North 89016'39'' East, along the North line of Section 17, a distance of 1964.50 feet; thence South 0°02'11'' East, a distance-of 2625.18 feet; thence North 89008'49'' East, a distance of 368.96 feet to a point on the North right of way line of N,W. 22nd Avenue as recorded in O.R. Book 1738, Page 1686 of the Public Records 'of Palm Beach County, Florida; thence South 19°27'31" East, a distance of 50.00 feet to the centerline of N.W. 22nd Avenue; thence with a curve to the right having a chord bearing of North 75029'49'' East, a radius of 1637.02 feet, a central angle of-9~53'58", and an arc length of 282.85 feet to a point; thence Nor~h 12°02'41'' East, a distance of 915.72 feet; thence North 0°31~1" East, a distance of 399.70 feet; thence North 89° 12'37" East, a distance of 413.21 feet; thence South 88o22'56'' East, a distance-of 1349.70 feet to a point on the West right- of-way line of the'Seaboard Coastline Railroad; thence South -0°28'21'' East along the West right-of-way line of the Railroad, a distance of 1309.09 feet to a point on the centerline of N.W. 22nd Avenue; thence North 88°27'31'' West, alon~ the centerline of N.W. 22nd Avenue a distance of 672.97 feet; thence South 0033'53'' East, a distance of 1306.69 feet; thence South 88°45'31'' East, a distance of 333.51 feet to a point on the West right-of-way of the Seaboard Coastline Railroad; thence with a bearing of South 14008'23'' West, along the West right-of-way of the railroad, a distance of 1312.49 feet; thence South 0°33'53" East, a distance of 26.69 feet; thence South 13015'22'' West, a distance of 920.57 feet; thence North 88° 50'04" West, a distance of 187.60 feet; thence with a bearing of North 0°49'21' W, a distance of 200.00 feet; thence North.88°50'04'' ADDENDUM C West, a distance of 218,00 feet; thenCe South 0°49'21'' East, a diStance of 200.00 feet; thence North 88°50'04. west, a distance of 40.00 feet; thence South 0°49'21'' East, a distance of 556.84 feet; thence North 88°50'04" West, a distance of 3,617.26 feet to a point 'on the centerline of the above~'~ described centerline of the E-4 Canal; thence with a bearing of North 5°18'14" West, a distance of 153.13 feet, thence with a curve to the right having a radius of 450.00 feet, a central angle of !5°36'44'', and an arc length of 122.62 feet; thence North. 10~18'30'' East, a distance of 988.60 feet tO a point of curve; thence with a curve to the. left having a radius of 450.00 feet,, a central anqle~ of 18o20'00''',. and an arc length of '143.99 feet; thence with a bearing of North 8°01'30'' West, · 'distance of 1,255.14.feet to a point on the center!ine of 22nd Avenue; thence with a bearing of South 89~04'32'' West, - along the centerline of N.W. 22nd Avenue a distance'of 81~.85 feetmore or less to/the Point of Beginning, Containing 591.55 acres more or less and subject to easements and rights-of-way, of record. CONTAINING: . 591.55 AC GROSS LAND AREA 51.70 AC LESS ROADWAY & C~_NAL RIGHTS-OF-WAY -' - ~- OF RECORD .. '539.85' AC .... NET LAND AREA MEMORANDUM 8 August 1986 Members and zoning Board .carmen S. Annunziato, Planning Director ;each Park of commerce - DirectOr of Planning, DeUtsch-Ireland requested amendments to the Development Order, ~, 84-51 as amended by ordinance No. 86-11, as follOWS: 93: The amendment application procedure and . inq. s have been duly conducted Pursuant to proc~d$~~.statutes' chapter 380. sions o~ ~ ...... 'on (1), Paragraph (c) ~hall be added' 94, Subsecti _ a ~__u ~ ~mmerce'ADA, Amended : (c).B°ynt7 ~i_ =ubmitted July 7, 1986. site Deve£opmen= ~=~' ~- ences throughout the Devel0Pment order shall be to conform to the Amended Master site Development approved- such revisions shall be made in the of consistency and clarity- e submitted in connection with a amendments ~ ,_- ~ determination that the - · council ma~= the ro ose= the City ..... ~ in nature and that P P !:are not suDs~anu~=~ of Regional Impact not require further Development - council must conduct a public hearing on this matter a determination- the amendment request to the approved development governed by Section 7 of Appendix A - zoning, of the code :es which establishes planned industrial Development Chapter 380.06(19), Florida Statutes for a on of a substantial deviation- reported, the City council must conduct a public which a determination of whether or not the proposed es further development of regional impact ~eview. If no further review is required, the City C~uncil Shall issue an amended development order which in this instance requires the passage of an ordinance which amends the original development order. If a determination is made that the proposed change requires further development of regional impact review, the review shall be conducted only on those aspects of the development order required to be changed. The above-mentioned public hearing shall receive a fifteen (15) days public notice following the passage of thirty (3G)days but not more than forty-five (415) days after receipt of the amendment materials. It. is anticipated that the City Council will conduct its hearing on September 4, 1986. This amendment procedure will require a one-time change to our development regulations. For non-development of regional impact planned industrial developments, the City Council must make a finding related~to the degree ofchange, that is, whether or not it is substantial, and then, the Planning and Zoning Board approves, approves wit~ modifications, or denies the request. In this instance, the City Council must approve any change. Therefore, the Planning and Zoning Board must act in an advisory capacity to the Council, as the State Statutes prevail over City ordinances. . LAND USE The master site development plan submitted by Deutsch-Ireland Properties reflects the construction of a four-laned divided highway south of and intersecting with NW 22nd Avenue. This new roadway which is buffered from NW 22nd Avenue by two lakes acts as- afrontage road for the commercial properties consistent with the comments made by the Planning Department in connection with the first master plan amendment. Also propOsed is the recombination of several industrial tracts into one, fifty-five acre tract served by a railroad spur. The mix in acres of land use as currently approved and as proposed is as follows: ~PPROVED PROPOSER ~NCREASE/DECREASF Commercial 27.0 26.3 (2.6)% Office 133.1 133.7 .01 Club 3..4 3.4 NC Industrial 196.7 199.3 1.3 Lakes, Wetlands, Open Spaces Roads Sand Pine Preserve TOTAL 104.9 100.2 33.9 37.0 40.0 40.0 539.9 539.9 2. (4..5) 9.1 NC The increase in roads (3.1 acres) results primarily from the recommendation.Creati°n of the frontage road which was responsive to a Staff TECHNICAL REVIEW BOARD COM~ENTS The Technical Review Board met on August 5, 1986 to review in final form, the plans and documents submitted. Also present at the meeting was the applicant, George Zimmerman. At this meeting it was agreed upon that the applicant should respond to a set of questions which address the Park of Commerce concept and the specifics of the ApPlication for Development Approval. These questions reflect the creation of a fifty-five acre tract of land for an automated distribution facility as opposed to smaller lot development, of~a similar nature. These questions are as follows: 1. Does-the impact 'of setting aside a large tract of land for the purpose of~developing an automated distribution facility result in a change in concept for the Boynton Beach Park'of Commerce? 2. Does the-impact of setting aside a large tract of land faci ltv r~,,1 ~ =~_.f°r the purpose of developing an automated distribution jObSipr~j~ti~nt~a~c~o~_~_ct_.With_the_num..er and type of (ADA)9 ~*= ~f~p-lca=lon ~or Development Approval 3, Does the impact of setting aside a large tract of land for the purpose of developing an automated distribution facility result in a conflict with the payroll levels projected in the ADA? 4. .Does the impact of setting aside a large tract of land for the purpose of developing an automated distribution facility result in a change in the ability of the Park to develop ina quality manner? 5. What impact will the development of an automated distributionf-acility on a large lot have on the lots in close proximity to the facility, especially the lots which back onto the Boynton Canal and Laurel Hills? 6. Will the development of this facility in the Park result in attracting similar facility? 7, Concerning truck traffic, what impact will the development of a large lot, automated distribution facility have on roads, intersections and the direction of flow with or without .an interchange at NW 22nd Avenue, and is this impact any different from what was projected in the ADA? In addition, the Technical Review Board reco . ~PP%icant construct a cul-de-s=~ ~ ~ ..mmen~s that the ~ . ~ ~ ~ne sou~n end of High Ridge ~oad and submit water d~str~but~on calculations f purposes, or f~re flow SITE PLAN ISSUES The purpose of including this section is to discuss issues related- to site plan approval as opposed to the requested master plan amendment. Master Plans are concerned with land uses in general, c6nflict with land uses at the periphery and ability to serve, whereas, site plans are concerned with the specific impact of plaCing a proposed use and. structure on a specific site. With .respeCt to this request, comments related to the fifty-five acre Site such as detailed site design, noise, hours of operation, buffers, landscaping, etc., are really site plan questions and not master plan issues and they should be addressed'at the time of site plan approval. This distinction isimportant as the applicant is desirous of achieving this master Plan amendment regardless of any publicity related to a particular land user. RECOMMENDATION It is the consensus of the Technical Review Board that the Planning and Zoning Board and the City Council should make a finding of no substantial change with respect to the requested changes to the Development Order as the changes requested comply with prior staff comments and reflect uses of land previously contemplated. CARMEN S. ANNUNZI~O /bks cc: Cit~ Manager Technical Review Board Central File ADDENDUM D STAFF COMMENTS MEADOWS 300 PUD TRACT G (CLUB MEADOWS PHASE III) PRELIMINARY PLAT Engineering Department: Utilities Department: Planning: See attached memo° See attached memo. A dedication is to be placed on the final plat to provide for utility easements to serve the property to the north. MEMORANDUM August 5, 1986 TO:. FROM: Mr. Jim Golden Planning Department Tom Clark City Engineer Preliminary Plat, Club Meadows, Phase III Comments: A place..for the City Clerk's "ATTEST" is required and a pl.ace for the City Seal. 2. The legend on the paving and drainage plans should identify flush headers, raised curbs, etc. 3.~ Radii should be shoWn at turnouts. 4. Sidewalks (6") to extend thru turnouts. 5. At the dead end street a barricade beyond the turnout or a tee turnaround is required. 6. Driveway dimensions should be shown. 7. A cost estimate is required for the bonded improvements. A construction permit is required from the Water Management District. TAC/¢k Tom TO: FROM: MEMORANDUM August 4., 1986 Mr. Jim Golden Planning Department Tom Clark City Engineer Preliminary Plat, Culverhouse Subdivision Contments- I. P.O.B. is missing. Seal space for City Council not required. 3. The City Planner does not need to sign the plat. 4. City of Boynton Beach must appear in plat title. TAC:ck Tom LEGAL DESCRIPTION ?hat. part of the Northeast Quarter (N.E.1/4) of the southwest Quarter (S.W.1/4) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of the West right of way line Of the Seaboard COastline Railway, described as follows: The North 90.0 feet less the West 179.79 feet, as measured at right angles and the South 303.0 feet of the North 393.0 feet, less the West 479.79 feet as measured at right angles, of that. part of said Northeast Quarter (N.E.1/4) of the Southwest .Quarter (S,w.1/4) of Section 5 lying West of the West right of way line of the Seaboard Coastline Railway, and the South 480.0 feet of the North 873.0 feet, as measured at right angles, of the East 110.0 feet, as measured at right angles to the said West right of way line of the Seaboard Coastline Railway, of that part of the said No--eaSt Quarter (N.E.1/4) of the SoUthwest Quarter (SoW.I/4) of Section 5 lying West of the West right of way line of the SeaboardCoastline Railway. Containing 6.11 Acres, more or less. ~DDENDUM G Carmen Annunziato Planning Director' Don Jaeger Building Department MEMORANDUM August 6, 1986 Site Plan Approval - Seagate Service Center As a condition of approval, the following comments should be incorporated into~the related doCuments: 1.. DocumentatiOn must be provided which allows'construction in all easements~and on leased property. 2. South FloridaWater. Management approval required. 3. The building and access to the building must comply with the State Handicapped Code. Water and sewer flow rates, calculated by an engineer, should be provided in-order to determine the capital facilities charges. Conditioned areas of the building must comply with the State Energy Code. Curbs'should be provided ~round all landscaped areas adjacent to parking stalls. Eighteen feet of unobstructed area should be allowed between the driveway at the southwest corner of the building and the nearest parking stall to allow for safe vehicle backing. The app!i=ant's prompt compliance with the preceding comments will znsure a timely permitting process. DJ:bh REPLY MESSAGE Fold At (4~) To Fit Grayaro Window Envelope # EW10P .944 CT 06104 FREE: ! -800.243-5250 FROM REORDER ITEM # F269 FOL. D + DATE: Item# F269 © Wheele,'Gn~.p Inc 1979 SIGNED THIS coPY FOR PERSON ADDRESSED ~OR~NDUM TO : Carmen. Annunzia~o, Planning Director DATE: fluou~ S, 1986 SUB3ECT: ' TRB Commen~s - Seagate Service Cen~er Our approval o~ ~his projec~ i~ conditioned upon ~he {ollouing: 1 ) R ZO' ~epara~.ion should b~ maintained between ~he 8" ~a~er m~in and ~he building. Thi~ eppe~r~ ~0 be {easible. Z) The {ire line in ~he ..eastern park'ing lo~ should have grea~r ~epap~ion {rom ~he power poles in ~hat area. cc: ~il e Sincerely, Peter V. M~zzella. U%il i%y Engineer TO: FROM: MEMORANDUM August 4, 1986 Mr. Jim Golden Planning Department Tom Clark City. Engineer Site Plans, Seagate Office and Warehouse Comments:- 1. A typical cross-section thru the railroad R.0.W. ditch and the east limits of the parking lot. 2. Radii should be shown. TAC: ck Tom Clark~ MEMORANDUM 7 August 1986 TO: FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. Annunziato, Planning Director Seagate Service Center - Staff Comments Please be advised of the Planning Department's comments in connection with the above-referenced request for site plan approval. 1. As indicated in the correSpondence from the Lake LAKE WORTH DRAINAGE DISTRICT 13081 MILITARY TRAIL DELRAY BEACH, FLORIDA 33445 July 31, t986 Mr. Jim Golden Planning Department City 'of Boynton Beach P.O.~ Box 310. Boynton Beach-, Florida 33425 Re: Seagate .Office 'Warehouse - L.W.D.D. Lateral Canal No. 29 and Equalizing Canal No. 3½ Dear Sir: _ This office has reviewed the site plan submittal for the subject development and has comments as follows: 1.) All 'retention areas are to be removed from canal ri ght-of-way. 2.) All legal documents must be executed and legal fees paid. 3.) Engineering plans are subject to review by L.W.D.D. 4.) The use 5' x 8' box culvert is conceptually approvable, subject to L.W.D.D. review. 5.) Utility crossing is conceptually approvable-no value boxes, etc. will be allowed in the easement. 6.) Approval must be subject to L.W,D.D. permit. If you have any questions, please call. Very truly yours, LAKE WORTH DRAINAGE DISTRICT ry orris Engi neeri ng Techni ci an Boar~ o1' Supervisors George McMurrain C. ${anley Weaver Kermit Dell Interim Secretary/Manager William G. Winters Assistant Manager Richard S. Wheelihan Attorney John H. Adams MAM: jma Delray Beach & Boca Raton 498-5363 - Boynton Beach & West Palm Beach 737-3835 ADDENDUMH Carm~n Annunziato Planning Director Don Jaeger Building _Department MEMO.RANDUM August 11, 1986' · u,,~ Site' Plan Modifications to · Boynton Lakes Plat I (SCreen Porches) As a condition of approval, the following comments should be incorporated intOthe related documents.: 1.:'A legible s~ plan must be submitted showing maximum building setback lines for proposed enclosures. 2. -Enclosures withsolid walls must comply with the requirements . of the Standard Building code, Table 600 for exterior walls.. :3. In order'to ~fanilitate.the permitting prOCess-, the following documents should be.submittedto the Building Department for review at the"-.~ime permits are desired: a, A copy of the blueprints for'the Structure with.a Current approval stamp from'the Palm'Beach CountyBuilding Code Advisory Boar~ or blueprints sig~ed and'~ealed by a ' registered engineer or architect in the-State of Florida "attesting to the fact that the structure meets or-exceedS ail design criteria for BoSton Beach. These blueprints or copies must be legible and all pertinent details must hm color coded or circled. .b.. A plot plan showing all setbacks to the property lines as well as existing and proposed structures and eaSements.. ~c. A layout.and 'erection plan for the proposed structure ' _skow{ng ,.~ocations .of.. all. openings.. ....... d. A properlY, compl'eted permit applicatiOn form. ' '"' 'The-applicant's prompt compliance "with the preceding comment'S~wili insure a .~imely permitting process. DJ:bh ADDENDUM I 1 ADDENDUMJ Carmen Annunz'iat o Planning Director MEMORANDUM FILt Building Department August 11, 1986 Site Plan Modification,. Mariners Village (Screen EnClosures) As a condition .of approval, the following comments should be incorporated into the related documents: 1. For' cOmPliance wit~ the Standard Building Code, tenant separation for townhouses requires a two hour wall at the property line .(see Section 403.3 SBC 1982 Edition). This section also requires that the roof area be rated at one hour for the Width. of the roof, ' ~. : . four ifeet oneach side of the party wall. The 1985' Standard .. Buil~g Code,. when adopted, will allow the roof to-be constructed of non-combustible material, without the one hour rat-lng. 2. Inorde= to 'facilitate the permitting process, the'following documents should be submitted to the Building Department for .review at the time permits are desired: - a.~' A copy ~f the blueprints for the structure ' ' - "' .approval stamp from ~ _ : with a current . ">-A~is~,, ~k,-~ -~ ~.tL.e Palm Beach Count Bui ' . ........... ~ ~va~u or . . _ Y _ ldln Code . Dzueprmnts s~ ed g regzstered en~i ~ ..... ,--- .gn ~nd sealed by ia ~ a ' "' .o n~ v~ a£cn~ect in the Stat - - ~estlng to the fact that t~ ........ e of Florida · L= ou£uc=ure me ail design criteria for ~ .......... ets or exceeds ~' or ~u~naon ~eacn. These blueprints be color'C°pieScodedmUst orbele§iblecircled, and all pertinent details must b.' A plot plan showing all setbacks to the property lines as weli as existing and proposed structures and easements . A~!ay°ut and erection plan i for'the proposed structure shoWing ocatlons ofall openings. dl A properly completed permit application form. The applicant's prompt compliance with the preceding comments will insure a ~imely permitting process. . DJ':bh ADDENDUM K MEMORRNDUM TO : Carmen Rnnunziato. Planning Director DRTE: August S, 1986 SUBJECT: TR8 .comments - Meadows Square Shopping Center Cg~oline pump islands) ~ previous meetings, ue requ.es~ed ~ha~ ~he location o{ th~ underground gasoline sfora~fanks be indicafed on ~he plans. This in{orma~ion is' not sho~n. said ~anks are known, and deemed ~o be acceptable relafive to ua~er and Sincerely, Peter V. Mazzella. Utility Engineer cc: File HEMOR~NBUM .TO : DATE: SUBJECT: Ca'men Rnnunzieto, Planning Director TRS:,:co~men~s-- Meadows 3~-Tract B (Club Meadows) The subject plat does not indicate easements ~or extending ua~er and sewer lines ~o;~he Homes o~ Hypoluxo proper~¥ to the north. We had. previ°Uly disCuSsed this ma~ter with ~he engineer for Club Meadows. However. the ea.semen~ do need ~o be included in the plat. Our approval of the plat is there{ore conditional upon ~his point. This approvaI does not include layout ~or ~he water and sewer lines' which stii1 requi~-?evi~ion. Petep V. Mazzella, Utility Engineer cc: File ADDENDUM Carmen S. Annunziato Planning Director MEMORANDUM August 5, 1986 Don Jaeger Building Department Fill Preliminary Plat Approval, Meadows 300 PUD Tract K .(Lakeside) As a condition of approval, the following ~comments Should be incorporated into the related documents: 1. Street names and addresses Should be incorporated into plans. 2. Lots I, 41, and 52; where front corners are cut off by road right-of-way, the buitdable area line must be parallel to and a distance of 12.5' back from the property line. 3. Water Manageme~ approval and finished floor elevations required. Your prompt compliance with these comments will insure a timely permitting process. DJ:bh aeger MEMORANDUM August 4, 1986 TO: FROM: Mr. Jim. Golden Planning Department Tom Clark City Engineer Preliminary Plat, Lakeshore at The Meadows (Tract K)~ ommen s: 1. Streets must have names. 2, Drainage inverts should be shown. sewers should be resolved. Conflicts with sanitary 3. Area of Tract (12,333 Ac.) should be added to the dedication. 4. Tangent points should be identified on the boundary line, ie, are some of the PRM's shown also tangent points. ..... 5.-~Astruction.Stabilized shoulder is required for the roadway con- 6. Header curb shoUld be 10 inches deep. 7-' Cross-section thru lakeshould continue to lake bottom. 8. Swale depth should be shown as 10 inches or 8 inChes to top of sod. 9. Cost estimate is required. TAC:ck Tom C1 ~EMORANDUH TO : DATE: SUBSECT: Carmen hnnunziato, Planning Director August 5, 198B TRB~comments - Meadows 300. Tract K Our approval is'conditioned upon th~ ~olloaing change~ in the uat. er and seuer plans: 1) Manhole 1 or manhole 3 should be relocated so as to reduce the length o~ the service laterals serving lots ZB and 30. Z)' An 8-inch stub out from the uater main should be brought to the edge ot Be .L-lB canal right-o~-uay '~or ~uture extension. The developer must escro~ t/Z o~ ~he estimated cost o~ said crossing. ~e recommend the ua~-e~ line to the canal be located betueen tuo o~ the l~ger lo~s in the southwest corner o{ the project, ~o as to maximize distance ~o structures. R ZO ~oot easement will be required. Sincerely, Peter V. Mazzella, U~iI~ity Engineer cc: File 7~ DDENDI1M F MEMORANDUM Carmen Annunz~ato Planning Director Don Jaeger Building Department August 11, 1986 Site Plan Modification, Mariners Village (Screen Enclosures) The applicant,s prompt compliance with the preceding comments will insure a timely permitting process. As a condition of approval, the following comments should be incorporated into the .related documents: 1. For compliance wit~-the Standard Building Code, tenant separation for townhouses requires a two hour wall at the property line . (see Section 403.3 SBC 1982 Edition). This section also requires that the roof area be rated at one hour for the width of the. roof, four feet on each side of the party wall. The 1985 Standard Building Code, when adopted, will allow the roof to be constructed of non-combustible material, without the one hour rating. 2. In order- to facilitate the permitting process, the following documents should be submitted to the Building Department for review at the time permits are desired: a. A copy of the blueprints for the structure with a current approval Stamp from the Palm Beach County Building Code ; ...... Advisory Board or blueprints signed and sealed by a registered engineer or architect in the State of Florida attesting to the fact that the structure meets or exceeds all design criteria for Boynton Beach. These blueprints or copies must be legible and all pertinent details must be color coded or circled. b. A plot plan showing all setbacks to the property lines as well as,existing~"' and proposed structures and easements. c.A layout and erection plan for the proposed structure showing locations of. all openings. d. A properly completed permit application form. DJ-:bh on Jaeg~