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Minutes 06-05-86MINUTES OF THE SPECIAL PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, JUNE 5, 1986 AT 7:30 P. M. PRESENT: Walter "Marty" Trauger Chairman simon Ryder George deLong John Pagliarulo Robert Wandelt Marilyn G. Huckle William Schultz, Alternate Carmen Annunziato Planning Director Tim Cannon Senior city Planner Jim Golden Assistant city Planner ABSENT: Garry Winter vice Chairman (Excused) Norman Gregory, Alternate Chairman Trauger called the meeting to order at 7:30 P.M. The meeting proceeded with Chairman Trauger introducing the members of the Board and the Recording Secretary. He recognized the presence in the audience of the vice Mayor Carl zimmerman. READING AND APPROVAL OF MINUTES The reading and approval of the minutes will be postponed until the regular meeting of the Planning and zoning Board which is scheduled for June 10, 1986. ANNOUNCEMENTS Mr. Annunziato noted the Board must take additional actions with respect to recommendations. COMMUNICATIONS None. OLD BUSINESS None. - 1 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT AND REZONING 1. PROJECT NAME: Cross Creek Centre AGENT: Kevin McGinley OWNER: Steven Rhodes, Trustee LOCATION: North side of West Boynton Beach Boulevard, east of Congress Avenue. DESCRIPTION: Request for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and rezoning from R-3 Multi-Family Residential to PCD (Planned Commercial Development District) for the purpose of allowing construction of a mixed use office/commercial development consisting of a 20,000 square foot commercial building and a 15,000 square foot office building. Mr. Golden stated this request is being submitted by Kevin McGinley, Agent for Steven Rhodes, Applicant and Trustee. In regard to the surrounding land use for this project, Mr. Golden noted to the west is the Villager Shopping Center which is zoned C-3, Community Commercial. To the northwest are two large single family lots about 1.88 acres, zoned R-1AA, Single Family ReSidential, and is the subject of the second rezoning request on the Agenda. Immediately to the north, across a 120 foot right-of-way for the L-24 Canal, is Venetian Isle subdivision, consisting of single family homes, and is zoned R-1AA. To the east is the E-4 Canal. Farther to the east, across the canal, is a vacant parcel, which is - 2 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 zoned R-3, and is approximately sixteen acres. To the south, across Boynton Beach Boulevard, is Leisureville Lake Condominiums, which is zoned R-3, Multi-Family Residential. Mr. Golden advised the present R-3 zoning would allow for the development of 42 multi-family dwelling units, including apartments, condominiums, townhouses, and their attended recreational facilities. In addition, he reported this zoning also includes all uses permitted in the single family and duplex R-2 zoning districts, subject to the applicable building and site regulations. Additional uses permitted in the R-3 zoning are subject to conditional use approval, and include private clubs, lodges and fraternal organizations, golf courses, swimming and tennis clubs, and similar re~creational facilities, as well as rooming and boarding houses. Mr. Golden reported the Master Plan, submitted by the appli- cant, proposes two buildings consisting of 35,000 square feet of floor area. The breakdown for the two buildings is as follows: The building to the west is a 20,000 square commercial which would essentially permit the range of uses allowed under the C-3 zoning district. The building to the east is a 15,000 square office building. Mr. Golden advised both buildings are proposed to be one story structures. Around the perimeter of the site, the applicant has provided the greenbelt required by the PCD Zoning Regulations. He stated there is a 25 foot greenbelt along the north, and a 25 foot greenbelt along the east. This is required since those two boundaries abut residen- tially zoned property. Additional requirements, along those two boundaries, include a six foot high concrete block wall which would be part of a site plan approval, if rezoning is approved. To the south and to the west, a ten foot greenbelt is pro- vided in conformance with the PCD zoning regulations. - 3 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 The PCD zoning district permits commercial buildings up to four stories high, and would permit any use allowed under the C-3 Community Commercial zoning District regulations, as well as any other conditions approved by the Planning and zoning Board. Therefore, the 15,000 square foot structure, labeled as offices on the Master Plan, could conceivably allow any use permitted under the C-3 zoning regulations, unless the Planning and zoning Board and the City Council were to limit the use of the structure to those permitted under the C-1 office/professional zoning district regula- tions. If this condition is placed on the office building and rezoning is approved, as submitted by the city Council, the applicant should be required to submit a revised Master Plan document which would indicate the uses allowed for the office building would be limited to those permitted under the C-1 office/Professional zoning District Regulations. The applicant should also indicate on the Master Plan that the proposed development will have a height limitation of one story. Mr. Golden noted that the one story height limi- tation is inferred but not specifically spelled out. Mr. Golden stated there are a number of Comprehensive Plan policies which are relevant to this rezoning request. Those Will be addressed in more detail during discussion of the issues, and the list is provided in the report. Planned Commercial Development Standards Mr. Golden advised the following is a list of three stan- dards listing the PCD regulations which effect the location ability to service from a planning prospective: 1. Relation to major transportation facilities. 2. Roadway improvements and utility extensions. 3. Physical character of the site. Mr. Golden noted the proposed PCD will conform to all these standards. In regard to Number Two, Roadway Improvements, the applicant will be required, if approved, to dedicate an additional seven feet of right-of-way along Boynton Beach Boulevard. - 4 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 The County Thoroughfare Plan called for a 120 foot right-of- way from Boynton Beach Boulevard adjacent to this property. The applicant will be required to dedicate 60 feet from cen- terline for the ultimate right-of-way for Boynton Beach Boulevard. Currently, the surrounding roadway system has a sufficient capacity to handle the traffic generated by this project, with the exception of one lane, which is the link between Congress Avenue and Military Trail on Boynton Beach Boulevard. The County's Thoroughfare Plans for this year call for the six laning of that link between those two north-south corridors. If this project is approved by the time this Certificate of Occupancy is issued, there would be sufficient capacity to handle the traffic generated from this project. Economic Standards Mr. Golden stated, in connection with the Planned Commercial DistriCt Regulations, two types of economic documents are required: 1. Market Study 2. Employment Projections With respect to the market study, the study concludes that the proposed'development is economically feasible, according to the conclusions and guidelines listed in the report and referenced in Exhibit F of the memorandum to the Planning and zoning Board. According to the employment projections submitted by the applicant, it is indicated that the pro- posed project will employ 138 persons at buildout. Of this total, 38 employees will be required for the retail portion of this development, while 100 employees are expected to occupy the office portion of this development. INFRASTRUCTURE Water Service, Sewer Service, Topography, Vegetation, and Soils, Drainage, Roadway Capacity Analysis Mr. Golden stated the infraStructure proposed for this pro- ject, both existing and proposed, appears adequate to meet the requirements of the City and other regulatory agencies. - 5 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 ISSUES AND DISCUSSION Adverse Impact on Surrounding Residential Properties Mr. Golden referenced the first issue to be discussed - whether development of this property for commercial uses will have an adverse impact on surrounding residential properties. He stated it is anticipated the project will have an adverse impact on neighboring residential uses, particularly to the Venetian Isle subdivision and to the property owners in the Leisureville Lake Condominimum development. Activities, which would be incompatible with nearby residential uses, would include noise from trucks, noise from loading and unloading activities, noise due to unloading of dumpsters, odors from dumpsters, glare from parking lot lighting, trash and litter accumulation, and the unpleasant aesthetics that are typical for the rear of a project containing retail uses. It should also be noted that these impacts would be minimized if the uses, permitted in the proposed PCD, were limited to those allowed under the C-1 (Office/Professional) Zoning District regulations. Mr. Golden stated commercial zoning of this parcel would also set a precedent for commercial zoning of the vacant R-3 zoned parcel located across the E-4 Canal to the east. This would further exacerbate the impacts to surrounding resi- dential properties, particularly in the vicinity of Old Boynton Road. Adequate Supply of Existinq Commercially Zoned Property The next item referenced by Mr. Golden was whether there is an adequate supply of existing commercially zoned property in the vicinity. He stated existing C-3 zoned property in the vicinity includes 59 acres of C-3 zoned property at the intersection of West Boynton Beach Boulevard and Congress Avenue, and 139 acres in the vicinity of the Boynton Beach Mall, including the out parcels. Based on this date, Mr. Golden stated it can be assumed that there is currently an adequate supply of land for both retail and office development within the vicinity of the proposed PCD. - 6 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 In the future, it can be anticipated that there will be a greater number of residents within a one-mile radius of the subject property than at the present time. It can be assumed, therefore, there will be an increased demand for commercial floor space in the vicinity. As previously noted, the applicant has submitted a market study which indicates that the proposed PCD could be supported by the surrounding market area. Physically and Economically Developable Under the Existing zoninq The next issue concerned whether the property in question is physically and economically developable under the existing zoning. Mr. Golden stated, as outlined in the section entitled "Present Zoning" in the report, the property could be developed for 42 multi-family units under the existing R-3 zoning. He stated the R-3 zoning district also permits single-family homes, duplexes, and those uses listed as Conditional Uses under the R-3 zoning district regulations. Therefore, it can be concluded the property is developable for a range of residential and recreational uses under the exisitng R-3 zoning regulations. Consistency with Comprehensive Plan Policies for Location of Commercial Uses The next issue concerned whether commercial zoning of this property would be consistent with Comprehensive Plan Policies for the location of commercial uses. Mr. Golden stated that commercial zoning of the subject parcel would be inconsistent with the Comprehensive Plan Policies for loca- tion of commercial land uses. The Comprehensive Plan encourages the development of clustered neighborhoods and community commercial centers, and discourages strip commer- cial development. The proposed rezoning, if approved by the City Council, will reSult in the creation of a strip commer- cial development. Commercial rezoning of the subject par- cel will also be inconsistent, in part, with the policy of encouraging development of commercial land uses where the impacts on residential land uses are minimized. Mr. Golden stated the question with respect to this par- ticular Comprehensive Plan Policy is whether or not the - 7 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 impacts on residential land uses can be minimized. In this context, there are a number of Comprehensive Plan Policies that are relevant. Mr. Golden read the following relevant policies: To provide a suitable living environment in all neighborhoods. To preserve the present stock of sound dwellings and neighborhoods. To eliminate existing and potential land use conflicts. To encourage the development of complimen- tary land uses. To encourage the development of commercial land uses where the impacts on residential land uses are minimized. To discourage the expansion of strip com- mercial development. Furthermore, Mr. Golden reported it could be argued that the rezonings, if approved, would result in a grant of special privilege to an individual property owner, as contrasted with the protection of the public welfare, and would have an adverse impact on property values in the surrounding resi- dential enclave. CONCLUSIONS/RECOMMENDATIONS Mr. Golden stated that commercial zoning of the subject pro- perty would be inconsistent with respect to Comprehensive Plan policies for the location of commercial uses. Rezoning would result in a significant change in the character of the neighborhood and would have a negative impact on abutting residential uses, particularly in the Venetian Isle sub- division. Rezoning this property would also set a precedent for commercial zoning of the R-3 zoned parcel which lies across the E-3 Canal to the east, bordered by West Boynton Beach Boulevard to the south and Old Boynton Road to the north. This would result in a further change in the - 8 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 character of the neighborhood, particularly in the vicinity of Old Boynton Road. Whether the change in character is desirable is the underlying issue in this rezoning petition. It is the Planning Department!s conclusion that changing the character of the neighborhood from residential to commercial is not desirable, and that the property is developable under the current residential zoning. Therefore, it is the Planning Department's-recommendation that commmercialization of this parcel not be allowed, and that the application for amending the Future Land Use Element of the Comprehensive Plan to "Local Retail" and rezoning to C-3, "Community Commercial" should be denied. However, if the Board decides to approve this request, in part or in whole, as outlined under the heading "Project Approval", it is recommended that any approval be contingent upon staff comments, as listed. For the Board's information, Mr. Cannon denoted on the screen where Hoadley Road intersects. Mr. Golden explained that Hoadley Road comes down from Old Boynton Road and dead ends, and to the left of that road is property owned by Montgomery Ward, which is zoned C-3. Mr. Cannon stated the C-3 zoned parcel owned by Montgomery Ward is 15.22 acres, and the R-1AA is 1.8 acres in size. Mr. Schultz noted the canal in that area is 60 foot wide. He questioned the 120 foot on the other canal and the O'Brien, Suiter and O'Brien survey. Mr. Cannon confirmed the canal shown on the survey is approximately 60 feet wide. The actual right-of-way from the canal is about 120 feet, and the 25 foot is an addition to the midway of 60 foot. Between the real property lines for the homes in the Venetian Isle subdivision and the property boundary for the PCD, there would be 120 feet plus 25 to the building, considering the building setback to be 40 feet. Therefore, it would 160 feet. Mr. Cannon noted to the south across the highway is the two story Leisureville Lake Condominums, and the Villager Shopping Center is located to the west. - 9 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Applicant's Presentation Kevin McGinley 1628 16th Way West Palm Beach, Florida Mr. McGinley introduced the members of his consultant team - Mr. Eugene Lawrence, Architect, Mr. Ken Rogers, Civil and Traffic Engineer, and Jim Fleischman and Richard Stocker, Market Analysts. He showed on the map the physical area of the property. Mr. McGinley advised the property has over a 1080 foot fron- tage along Boynton Beach Boulevard, and a depth of 160 feet before getting to the L-24 Canal. To the east, there is a 180 foot right-of-way before getting to the vacant residen- tial parcel. Abutting the property on the west side is the Villager Shopping Center. He noted Mr. Golden had covered most of the issues to be discussed. Mr. McGinley stated they have met the intent of the PCD ordinance and have demonstrated a strong market in the area for their specific use. Water, sewer and utilities are available and accessible. Environmental factors are favorable to this type development. Drainage can be easily provided, and roadway capacity would be in by the time the project is completed. Mr. McGinley stated he would review the market study for this project, and discuss the development feasibility on the existing zoning. At this point, Mr. McGinley introduced Mr. Jim Fleischman, Market Analyst. Jim Fleischmann Land Research Management, Inc. 1280 North Congress Avenue Suite 208 West Palm Beach, Florida Mr. Fleischman stated he prepared the market study for the project. He pointed out he would summarize the major points of the market analysis and supplement the information pre- sented in the market analysis in order for him to address - 10 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Number Two and Three, on Page 7 of the Staff Comments. would be addressing Issue Number Three first. He Mr. Fleischman advised Question Number Three concerns whether the property in question is physically and economi- cally developable under the existing zoning. He noted that the staff's position is the subject property is developable for residential and recreational uses under the existing R-3 zoning regulations. This conclusion, in his opinion, seems to be based on the fact the zoning district will allow resi- dential and not whether its uses are feasible in terms of whether they will fit on the site, whether there is market for potential residential uses, or what the prices of these units would be. Mr. Fleischman pointed out there are several other factors in addition to zoning, such as the size and shape, con- figuration, and location of the property, and the market and development costs. It is his opinion that in the zoning ordinance, there are only two potentially feasible residen- tial sites for this property. He noted one would be rental apartments, and the other would be condominiums. In conversations with several major rental apartment develop- ers in Palm Beach County, it was learned in order for ren- tal apartments to be economically feasibly developed, the unit cost has to be between $35,000 and $40,000 per unit. In order for rental apartment projects to be feasible in the market place in Palm Beach County today, the development costs must fall within a range of $35,000 to $40,000 per unit. With this in mind, Mr. Fleischman prepared an economic analysis of the site in terms of whether or not it was feasible to develop a 42 rental apartment unit on site, and reviewed land costs. He noted he did not use the land costs that were being asked for the property at the present time. He used what they believed was a reasonable land cost for this property, and used a land cost which was much below asking price for rental apartment property. He noted, in Boynton Beach, residential multi-family land is generally selling between $7500 to $10,000 per unit. He used a land cost of $4,000 a unit, prepared a Profit and Loss Analysis for 42 residential rental property, with land cost of - 11 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 $4,000. It is his conclusion it will cost at least $45,000 a unit to develop rental apartments on this site. As stated earlier, Mr. Fleischman advised most rental apart- ments developers believe the unit costs must range between $35,000 to $40,000 per unit. Abiding by that conclusion, Mr. Fleischman stated rental apartments cannot be economi- cally built on this site. Mr. Fleischman mentioned the second alternative was con- dominium apartments. He stated he completed a similar analysis in terms of trying to estimate the selling price for condominiums on this property, if they were built at a land cost ranging from $7,500 - $10,000 per unit, which is reasonable in the Boynton Beach multi-family residential market. He did a "bare bones" estimate of cost, that is, he took a look at the site and came to the conclusion that he could build 42 units on the site. He ran a cost analysis to determine the minimum cost, eliminating the options of a swimming pool, tennis courts, and other recreational facili- ties of that nature. Their conclusion was that condominiums would have to sell between $65,000 to $75,000 under the con- ditions of the l~and cost reviewed, the cost of construction, and overhead administrative costs. Assuming that condominums be built on this site for $65,000 to $75,000, the developer would have to compete in the resi- dential market currently in the vicinity. Mr. Fleischman noted if you drive on Congress Avenue, north of Boynton Beach Boulevard, you will find many projects, including Waterview, Sandlewood, and Mahogany Bay. He noted they are selling in the price range of $65,000 or less, and offering project amenities, such as landscaping, garages, etc. On that basis, Mr. Fleischmann did not believe these units could be observed into the current conditions of the market. As a result, the developer has come to the conclusion that condominiums should not be marketed on this site. Mr. Fleischman believed the two possible residential alterna- tives on this si~e were rental apartments and condominiums. Based on the feasibility studies, the translation of those studies into rents or selling costs, and careful review of the market, Mr. Fleischman did not believe this site has the potential of being able to market any type of residen- tial units. - 12 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 With that in mind, once the developer came to the conclusion that residential units were not feasible, they took a look at the commercial market in the vicinity, and came to the conclusion that the convenience and neighborhood retail ser- vice markets are extremely small in this area at the present time. Mr. Fleischman noted the Boynton Beach Mall is a special case. It is a regional mall, and the rents are extremely high, being much higher than the developer would anticipate charging the businesses on his site. He eliminated the Boynton Beach Mall and the Boynton Beach Promenade. Mr. Fleischman noted when you take those two shopping cen- ters out of the market, most of the remaining facilities are either convenience type or neighborhood shopping facilities. Mr. Fleischman had inventoried the vacancy rates and the absorption rates, and came to the conclusion that the small office service/retail market in the area is very strong. It was estimated the overall vacancy rate in these type facili- ties in the vicinity is only 7% with half of that being located at the shopping center on Military Trail and Boynton Beach Boulevard, where the old Grand Union was located. If that facility is taken out, the vacancy estimate for local space is about 3%. Mr. Fleischmann reviewed the Gateway Center and the Forum Shoppes to determine how fast they were renting their spaces. He noted they were doing 3,000 to 6,000 square feet a month which means they should be able to lease their spaces within six to nine months, which is substantial for a local retail center. Mr. Fleischman's second conclusion was the market for local retail service space was extremely strong. In answer to Question Number Two of the staff comments, the main question the staff was required to answer was whether there is an adequate supply of existing commercially zoned property at the intersection of Boynton Beach Boulevard and Congress Avenue. The staff commented it is assumed there is an adequate supply of property zoned for retail and office development. Mr. Fleischman remarked there did not seem to be any basis in the staff comments for this assumption. - 13 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 In Mr. Fleischman's opinion, that assumption can only be derived after analyzing the following variables in the vi- cinity: 1. Market for a specific development concept. The size, location, and configuration of the existing zoned parcels. 0 The economic feasibility of developing a concept similar to the developers on other pieces of property in the vicinity. Mr. Fleischman noted the staff has commented there is an adequate supply. After his analysis of the intersection, Mr. Fleischman has come to the conclusion there are no other parcels of C-3 zoned land in that vicinity that has the capability or potential to provide the type center being proposed. The development concept being proposed consists of providing small local merchants and businesses reasonably priced spaces for marketing of convenience goods and ser- vices. This means the market bears the fact there are many small businesses and! professional office type tenants using 1,000 to 2,000 square feet. He believed there is a market available to provide spaces for small users and is very cost sensitive in terms of rents. Mr. Fleischman stated if you analyze the selling price of most of the commercial land at that intersection, you will discover the prices range from about $10.23 and up per square foot for the land. In order to make a project feasible at $10.23 per square foot land cost, you must rent your space in excess of $16.00 per square foot. It was their conclusion that the property being discussed was purchased for a much lower land cost, and as a result, those savings can be passed on to the tenants, providing a reason- able affordable space to that particular segment of the market will be available. Mr. Fleischman noted on other larger parcels, such as the Montgomery Ward parcel, the developers will charge the tenants higher rents. The fact of land costs, the size of the other commercially zoned parcels, and the probability of the fact that local convenience centers are not going to be - 14 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 developed on other sites, he concluded the proposed site is one of the very few sites remaining in the vicinity where land costs and configurations are such that the local tenant market can be targeted as reasonably priced. Mr. Fleischman concluded the developer is disputing the staff comments that there is adequately zoned property in the vicinity. Mr. Ryder noted the developer has gone through the trouble of indicating that using this area for residential use would be a problem. He noticed the developer had not indicated in his report a good reason for the rezoning which would be in the interest of the City and others. Mr. Ryder remarked the developer did not indicate public need for commercial use. One of the issues not mentioned is the impact on the surrounding established residential neighborhood whether the developer eventually develops this area for residences or commercially. Mr. Ryder stated that was a very important issue, and Mr. Annunziato's report indicates there is a genuine concern about the impact on the neighbors. Mr. Ryder noted that concern should be taken into con- sideration. He commented that Mr. Fleischman did a splendid job on the marketing research and the traffic study. However, the facts remain there are many vacancies on completed commercial developments. Therefore, Mr. Ryder believed at this time it could not be maintained that this project is essentially needed. Mr. Fleischman remarked the only two centers that have any substantial vacancies at this time are Gateway Center and the Forum Shoppes. Mr. Ryder noted that the Boynton Beach Plaza had vacancies at the present time. Chairman Trauger commented the Boynton Beach Promenade had many vacancies at the present time. Mr. Fleischman replied he had explained to the Board when he was reviewing the market study that he excluded the higher priced centers because they were attracting a different type of tenant. He was looking at the centers that would be com- petitive with them in terms of the kinds of tenants they are attracting. - 15- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. Fleischman agreed with Chairman Trauger's remark that when vacancies are very high, such as they are in the Boynton Beach Promenade, developers do make deals on the rents charged. However, he noted that deals are only tem- porary, and the tenants generally understand that factor. He stated the vacancy rate, as he inventoried it, was only 7%. If you exclude the shopping center on Military Trail and Boynton Beach Boulevard, the vacancy rate is only about 3-4%. The Gateway Center and the Forum Shoppes are in the initial lease up-phase and are leasing spaces at a very ade- quate and successful rate. Mr. Ryder pointed out that Boynton Beach Plaza has a substantial amount of vacancies for a long time. Mr. deLong questioned Mr. Ryder as to the amount of vacan- cies in the Boynton Beach Plaza. Mr. Ryder believed there were about four to five stores vacant. Mr. deLong noted that the 4% vacancy figure is about average for the area. Mr. deLong asked Mr. Fleischman if he had a 172,000 square foot on this site and building 35,000 square feet of actual building. Therefore, the Board is looking at 20.23% of the total project per actual building. Mr. Fleischman believed that was correct, but was not sure. Mr. deLong added that the Board is looking at 20-21% of the actual use of this land for building purposes. Mr. deLong gathered from Mr. Fleischman's conversation that he apparently got a land steal or bargain compared to $10.23 per square foot that was quoted earlier. Mr. deLong was concerned with the statement that this property is not usable for con- dominium sales or rental units. It would appear to Mr. deLong if you could assume the real bargain would be $5-6 per square foot, then the acquisition costs would be about $865,000. If you could build 42 units on that size property, your unit cost would be about $20,592 per unit. Mr. deLong questioned the issue of build out and the cost of construction per square foot. Mr. deLong determined from Mr. Fleischman's presentation that the feasibility study predicted $20,000 per unit for land acquisition, and $28 per square foot, assuming a 1200 square foot unit. Mr. deLong commented this was a reason- able estimate. Mr. Fleischman assumed condominium buildings - 16 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 would average $7,500 per unit and rental apartments about $4,000 per unit. Mr. Annunziato stated there is no question that staff is not equipped to analyze market feasibility in detail as the applicant is. He did want to bring to the Board's attention several facts. The Planning Department was advised in 1979 by the Comprehensive Plan consultants that it would always be easy to prove there is a demand for commercial space because of the Boynton Beach Mall, particularly along roads that access the Mall. The Planning Department was warned that this would be an issue that should be given careful attention because of the potential negative impact, involving congestion on the streets and interface on long- range uses. Obviously, this was something that was coming. Mr. Annunziato referenced the potential for commercial square footage based on vacant acreage, and commented this is really a way to determine whether there is a need for additional commercial floor space. He apprised the Board that they will be receiving on Tuesday night a site plan that has been filed, reviewed, and still has several site plan problems connected with it. He noted the Board may recommend it be tabled, but we are in the final stages of processing the site plan which will show you about 165,000 square feet of retail. The point of the fact is that they go to great lengths in advising that much of this will be convenience groups because they request a 25% reduction in trip generation rate and what they determine they will be testing for second stop trips, which are convenience shop trips. Therefore, the question whether or not there is available retail floor space, we know there is. In addi- tion, on the County's Comprehensive Plan, the entire area between Boynton Beach Boulevard and Old Boynton Road, is in a potentially commercial category. In fact, everything from about 400 feet west of Winchester Park Boulevard eastward to Congress Avenue has potential for retail commercial, as to office and professional. All the properties al Boynton Beach Boulevard on the nt side are also go to be on the retail commercial ~tegory. These are properties that are zoned commercial, and will be developed. Mr. Annunziato pointed out this property is not the easiest property to develop for residential purposes, but it has - 17 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 value to it, if not today, it will have more value tomorrow. As traffic congestion increases, in-town locations are becoming more valuable. It is an unusually shaped piece, but Mr. Annunziato believed it is a problem that can be mitigated with proper design. Mr. Annunziato noted it is clear the Planning Department has not gone through the market analysis that the applicant has, but on the face of it, there is ample zoned commercial pro- perty in the area, and probably will be for the next ten years. At that point, Mr. Annunziato concluded we may be looking at a different world. Mr. deLong questioned the parcel Mr. Annunziato was referring to in his presentation, Winchester Park Boulevard, the total acreage there is about 23 acres. Mr. Annunziato clarified it was about 60 acres. Assuming it is 23 acres, Mr. deLong noted the property on the market would net $15.75 a square foOt to the owner, which is $16,000,000. He did not feel there would be any convenient type stores in that area. He believed it would be high-priced commercial pro- perty because land acquisition dictates that it must be. Mr. deLong questioned if he was correct in reading the Five Year Program that Boynton Beach Boulevard from Congress Avenue to Military Trail is going to be six lanes starting this year. Mr. Annunziato stated they were very close to having the permit issued for that construction. Chairman Trauger stated the permit has been in the Department of Transportation for the last four months, ready to go. As soon as the permit is issued, the City was promised there would be stakes in the ground within thirty days for six lanes on Boynton Beach Boulevard. The bids have been accepted for both four and six lanes. The difference be- tween the bid price of the four laning to the six laning has been promised to be picked up by Palm Beach County. The only thing that is detaining it is the legality of who gets the permit. Normally, they issue it to the engineer or the contractor building the road. The Department of Transportation has changed that and made a bonding part to give that to Palm Beach County to monitor the contract. That is where the hold up is. Chairman Trauger hoped by Monday night's meeting, this will have been resolved, and the permit would be in hand. - 18 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. Schultz referenced the statement that the developer was attempting to come up with a price of under $16.00 a square foot, and questioned the normal size of the bays. Mr. McGinley stated the bays would be 1200 square feet, measuring 20 by 50 and 20 by 60, standard size. Mrs. Huckle pointed out the Planning Department made a recommendation, in the event the Planning and Zoning Board and the City Council were to approve the PCD, the developer be restricted to office professional. Mrs. Huckle asked the applicant's representative for his response to that possible type of zoning in PCD, which would be strictly office pro- fessional. Mr. McGinley stated they are requesting a por- tion of the parcel to be office space and a portion to be retail. The retail market is so strong that they would prefer being part of the retail market. Whether or not the property can support 40,000 square feet of office space is something to be reviewed and recommended to his client, but he still recommended that the owner pursue the retail use. Mr. Ryder noted the trips per day would be much greater if it goes retail rather than an office and professional. The applicant realized that factor, and acknowledged they can meet all the standards, as required. Chairman Trauger questioned if there was only one curb cut leading into the entire site. Mr. Annunziato clarified there are two median cuts on Boynton Beach Boulevard with existing turn lanes, one to the west and one to the east. At this point, Mr. McGinley introduced Eugene Lawrence, the architect and site planner. Eugene Lawrence Architest and Planner 205 Worth Avenue Palm Beach, Florida Mr. Lawrence pointed out, as was explained earlier, the problem handed to him was how to make an effective mix-use complex on this piece of property. He noted he does not comment on the policies as to what use is proper and not proper for architects. His job is to make the most success- ful and attractive building that can be built, and that is - 19 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 what he sets out to accomplish. With a planned commercial development, there Ks a requirement for a ten foot perimeter on three sides, the front and the two sides, and 25 feet in the rear. There are about 172,000 square feet of land on this property. When you take just the greenbelt that buf- fers the property, it amounts to about 34,000 square feet, which is just over 20% of the property in buffer alone is greenspace. If you look at the shape of the property, it is an extremely difficult shape. As you loOk at the service drive in the rear, there Ks also a 40 foot setback on the property line, in addition to the 120 foot right-of-way, and a 40 foot setback on the front from the street. Therefore, you are automatically squeezed into a very long narrow building configuration which, as architects, we do not like. Looking to the west, he established a basic parking area which would feed one major 6,000 to 7,000 square foot user to the west. There is a single row of parking down the street, which is broken in the middle down to a very narrow space. He woirked the shopping bays off 15 feet because he determined wilth smaller use tenants, they do not require 1200 square fieet. There are three different bay depths down to the smalleist which is 600 feet. Therefore, the travel agent or the service person is not stuck with a tab of 1200 square feet when he only requires 500 to 600 square feet. Consequently, he can work the retail areas down as small as 500, 800, 120!0 square feet or bigger if the tenant desires. Mr. Lawrence attempted to accomplish two things with the price - to keep the base rent at a minimum for the small merchant, and to give the potential merchant the size space he needs for his business. The next thing this arrangement accomplishes for the deve- loper is a breakdown of this building mass into small pieces so it is made into a little village. There is a buffer and service behind, and a wall, 25 foot green strip plus the canal right-of-way. Regarding the office portion, Mr. Lawrence stated it is a one story building and is set farther back from the property line of the buffer zone so that everyone has a green space. Mr. Lawrence explained as you look to the east, there would be a canal view. Right in the middle of the property, to - 20- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 the west of the office space, where the green runs in between, those are suites that open to a green space. This proposed office space is for a professional, lawyer, archi- tect, engineer or someone who wants a self-contained space. Generally, Mr. Lawrence has taken the green spaces around the property, and tried to capitalize on its use. He has taken a one story building mass, and attempted to break it down into smaller components so it is compatible with both sides of the street. Mr. Lawrence personally believes, as an architect, if you cannot design something that looks better than the competition and still be in the price bracket where you are not paying $18 to $22 a foot of overrides, he did not believe the project would survive. Mr. Lawrence reiterated this is a difficult piece of pro- perty because it is so narrow and long. He believed this is a solution that is compatible physically with the neigh- borhood. As an architect, he could not comprehend four story apartments on this piece of property because of the high traffic road. Mr. deLong commented, in view of the land acquisition costs and based on Mr. Lawrence's comments, he believed the archi- tect had plans of doing something unusual in construction on this site. He questioned the type of construction which was proposed. Mr. Lawrence described it would have a pitched roof, not a flat roof, and something in terms of clay tile or cement tile roof which is more residential in character. Mr. Lawrence acknowledged a strong philosophy, as an archi- tect for twenty five years, that if you work hard at it, you do not have to be cheap to be economical. If you work with your structure, you can make something workable within a reasonable economic framework. Mr. Lawrence referenced Crystal Tree on U. S. 1, across from Old Port Cove, as one of his projects. He believed it was unique. He saw the term "strip shopping center" and commented that Crystal Tree was basically a strip shopping center, but he was able to do some things with materials and breaking that mass that made it economically viable. Mr. McGinley stated as far as consistency to the Comprehensive Plan, he noticed on all the other roads - 21 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 leading out of the intersection of Congress Avenue and Boynton Beach Boulevard, there is a physical barrier that can be defined where the commercial property ends. If you go north, it ends up at Old Boynton Road. If you go south, you can see it going through Ocean Drive. However, for some reason, it stops at the Villager Shopping Center. Mr. McGinley suggested that the E-4 Canal is a logical place to stop and is an existing physical barrier. Mr. McGinley stated it was not necessary to consider this petition will set a precedent for further development to the east. As far as the precedent on the property to the east, Mr. McGinley did not believe that was an issue since the property to the east is much larger and has a greater depth. The potential for residential zoning is much greater on that site than on the subject site. He is submitting a PCD and stating that the conditions will be complied with, and that it will be landscaped and buffered. The applicant will do what is necessary along the northern and southern boundaries to make the project compatible with surrounding land uses. Mr. McGinley concluded the Leisureville Condominiums have commercial development along its western boundary, and it appears to be working. Mr. McGinley questioned if the high density residential development would be consistent with the single-family residential districts to the north. He suggested that a high density four or three story residential development would still have an impact on the single-family residential de- velopment. Mr. McGinley stated he was proposing a single story structure with adequate buffering that can reduce all impacts, as far as physical and noise impacts from Boynton Beach Boulevard and his project. The noise and visual impacts will be reduced as a result of buffering the trees, and they would be willing to be tied into those conditions. Mr. McGinley asked the Board to consider approving this package, as it has been presented. Mr. Schultz noted the architect mentioned on two or three occasions that the structure would not have a flat roof. Mr. Schultz noted on many shopping centers that are being built today, there are beautiful roofs on the front, and yet 3, 5 and 8½ ton air conditioning units are stacked on the backside. He stated that is where, against a residential - 22- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 community, all the complaints originate. Mr. Schultz questioned how the applicant intended to handle the back roof. Mr. Lawrence stated usually the architect works a flat roof, and then a truss is taken, sloped up and the unit is set back under that, so the equipment is screened from both sides. Mr. Schultz commented it was not only the screening he was concerned with, but also the noise coming from the units, and believed most people would be interested in noise screening. He noted if the merchant is a small restaurant, such as a pizza parlor, etc., the problem with the back side would be the most important issue. Mr. Lawrence stated, if this project gets done, and he is still the architect, there is going to be site screening for everything on the roof, minimum one to one. Mr. Lawrence noted one of the other advantages of the smaller shops is you wind up with 2, 3, or 5 ton units, as compared to a large store where you need units to accom- modate 30,000, 40,000 or 50,000 feet, and where you are dealing with 50-100 tenants. Therefore, the site screening can be accomplished. Mr. Lawrence admitted sound can be controlled to a point. You may have a vertical barrier that it hits that deflects it, but it is going in the air. He believed at that distance you would have more noise from the highway than from the air conditioning equipment. Mr. Schultz stressed the people do not want a situation in which the building has a beautiful front view and its back side looks terrible. Mr. Lawrence stated he agreed that the back view is as important as the front view, and has demonstrated this belief in many projects he built. Mr. Schultz noted a smaller unit did not necessarily elimi- nate the increased noise generation since there is a possi- bility that a dry cleaning establishment with only 800 square feet could occupy the space, and it would require a larger air conditioning unit. Mr. deLong stated when an applicant is requesting a PCD, the people should realize the amount of control the City will have over what the developer does. He is concerned about the view across the canal, even though it is 165 feet, and - 23- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 noted there are gaps in the barrier. He stated that people in fairly nice housing do not want to look at plain cement block walls on the back, while the front is embellished on Boynton Beach Boulevard. He commented under the PCD, these people would have more control than they would if someone came in and developed rental units in which the City would not have as much control. He noted the control would be limited, and because of what they have to get in rents, it could be something that might not stand for any type of longevity as some of the Leisureville buildings have withstood with time. Mr. Pagliarulo referenced the architect's comments on single story buildings, and questioned the anticipated height of the buildings. Mr. Lawrence stated he normally tries to work retail space with a clear structure height of about 14 feet. Height is normally defined as the underside of the roof sup- porting structure. He could expect on top of that to get a pitched roof which would go very high, but the basic shell would be a rough ceiling height of about 14 feet, which would give the merchant a 4 foot finished ceiling height. Mr. Ryder questioned if the applicant was aware that the PCD provides for permissive uses the same as a C-3. This was confirmed by the applicant. Mr. Ryder continued that there was some agreement reached as to the limitation on height. He stated from his past experience, some projects do not go ahead after they receive a change in zoning. The City is then stuck with something that includes permissive uses under C-3. Mr. Ryder noted that this is something the Board must think about because it has happened on previous re- zonings. He commented, as far as retail, he is not convinced that residential units cannot be built on the site. He referenced the Leisureville Condominiums located across the road from the proposed site. Mr. Ryder stated this is an example of a residential building that backs up on Boynton Beach Boulevard. He further stated that there are problems existing now which are similar to what the appli- cant wants to do which involves the Villager Shopping Center, immediately to the west of this area. There are two curb cuts located there, and that gets to be a problem getting in and out. This project will complicate the problem because it is a commercial retail use. He is not convinced that it cannot be developed residentially. Within - 24- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 recent months, the Planning and Zoning Board have received many requests for rezoning from residential to commercial. Mr. Ryder has believed that unless a definite public need can be indicated, he would definitely be opposed to such a rezoning. Other cities along the Ocean are also taking that viewpoint. For example, Delray Beach has planned to discourage any change in rezoning residential to commercial. He added that the City has adequate commercially zoned areas underdeveloped which can be used for that purpose. Mr. Lawrence stated he was going to address himself only to the physical issues of this site, and asked if there were any other questions in regards to the physical building itself. Mr. McGinley mentioned if the project was developed as resi- dential, it would probably be three or four stories in height. He wondered what type of impact that would create across the street in Leisureville, and looking down upon the units to the north. Perhaps with residential use on this property, the temptation for using the waterways would be greater. He believed there was a tradeoff that could be made for the noise factor. He stated that some of these noises would be present whether it is residential or commer- cial due to the traffic. Mr. McGinley reiterated that he would be more compatible with this proposed rezoning and be tied to conditions that the Board would impose. Mr. Ryder noted the proposed project would still exceed the daily number of trips over any kind of residential develop- ment. He stressed traffic issue was an important factor because Boynton Beach Boulevard is getting worse all the time. Chairman Trauger asked if there was anyone in the audience who would like to speak in favor of this proposal. No one from the audience responded. Chairman Trauger asked if there was anyone in the audience who would like to speak in objection to this proposal. In response, the following presentations were made: - 25 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Ed Bernard 1253 Gondola Court Venetian Isle Subdivision Boynton Beach, Florida Mr. Bernard stated that within one mile of his residence he can travel to any store to purchase anything without having more retail stores. He stated it would be detrimental to the environment, the birds, the alligators, and other living things that-live in the canal. Mr. Annunziato noted that Mr. Bernard lives adjacent to the northwest corner of this property, and is property owner of two other parcels in that area. Jim Cree 1117 Lake Terrace Leisureville Boynton Beach, Florida Mr. Cree stated he lives across Boynton Beach Boulevard from this property. He bought a two bedroom apartment in 1970, and he must shut off the front bedroom. He cannot get out of the driveway area onto Boynton Beach Boulevard because there is so much traffic which is continuous all day long. He stated there was enough traffic and the area did not need anymore. Mrs. Huckle questioned since he lived there, did Mr. Cree think it would be a bad idea to have apartments or more residences encountering this noise factor which he seemed to be unable to tolerate. Mr. McCree stated it was not a good idea to have commer- cial stores on that property. Mrs. Huckle questioned having more apartments similar to his. She asked Mr. Cree if he could not hear or could not stand the noise from his apartment, would it be practical to build more apartments across the road. Mr. Cree stated he is not telling the Board what to put there; he is saying there should be no more traffic, and presently he cannot get out onto the main road. - 26 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. deLong stated if apartments were built across the way, his apprehension of what would happen would be similar to what is happening on Seacrest Boulevard near Bethesda Hospital. The traffic, which is nowhere near what it is on Boynton Beach Boulevard, has adversely impacted that area, and noted there must be at least twenty "For Sale" signs in an area of five blocks. He noted if rental apart- ments are built on the subject Property, they will probably be low type rental apartments because anyone renting those apartments or buying a condominium on that site is going to observe the traffic and noise problems. Mr. deLOng believed if you go for a project that reduces, the intensity of the land use to this extent, and a project that is controlled by the City Panner under the PCD, there will be less activity. Mr. deLo~ about the traffic count being different, but he know the number. He com- mented in some instances there is a higher generation of traffic in residential areas. Mr. deLong added this pro- posed project is a large commercial develop- ment. He that he should seriously consider wh~ ¢ across the way by contrast to what he thinks miight be ia, and might not be euphoria at all with renital Units-acro~ the way. Mr. Cree thought it would be all r one story buildings across the way for lere would not be so much traffic coming out Boynton Beach Boulevard. Mr. Ryder believed the issue is this proposed project is adjacent to an established residential neighborhood, and we are concerned about the impact from commercial development on this parcel. He did not feel it was up to the Board, at this time, to try to resolve how it can be developed resi- dentially. Arthur Schorr 1111 Lake Terrace Boynton Beach, Florida Mr. Schorr questioned if there would be a 7 foot roadway needed on both sides of north and south Boynton Beach Boulevard. - 27- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. Annunziato clarified, if the County decides to proceed with a full right-of-way on that road, it would be the stan- dard. He believed there would never be an attempt made to secure additional right-of-way on the south side of Boynton Beach Boulevard. Understanding Mr. Annunziato's explanation, Mr. Schorr stated from his back porch it would be 11 feet. He stated he would practically be looking at a sidewalk and the road- way which would only be about 6 or 7 feet away from him. With the noise factor from trucks, his television is use- less, and he wakes up from his sleep at all hours of the night. He stated the noise cannot be handled with the trucks at night, and he thought it would be unreasonable to take 7 foot of his backyard. Mr. Annunziato stated that was not suggested. Bob Bosso Representing the Villager Shopping Center Mr. Bosso stated the problem is that the Villager Shopping Center has only one left turn out for the cars going east toward 1-95 or into town. With the proposed plan, there will be a problem for cars exiting from his shopping center and attempting to make a left hand turn toward 1-95 or town. The cars have to wait until the traffic subsides, and it is a very hazardous situation. Mr. Bosso noted customers have apprised his tenants they will not go back to the shopping center because this situation is too dangerous. With this particular plan, there is an existing turnout which is 200 feet from the eastern edge of the Villager Shopping Center. There would be traffic exiting 400 feet down the road, and that is too close. If something could be done to stop traf- fic in order for the cars to get out, Mr. Bosso's objection would be relinquished, and there would be no problem. He noted the proposed project has two turnout lanes, and reiterated it is a very hazardous and dangerous situation. In reply to Mrs. Huckle inquiry, Mr. Bosso reported the amount of square feet for the Villager Shopping Center is 20,000. Mrs. Huckle asked if the extra parcel to the west was part of the Villager Shopping Center. Mr. Bosso explained it was not part of his property, and was a PDQ and a Hoagie Hut. He stated he had one turnout lane, and noted - 28- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 there was no problem for the cars turning right. However, many cars turn left, and it is difficult for them to get out. Joseph Amarlino Representing the Coalition of Concerned citizens of Leisureville 811 S. W. 6th Avenue Boynton Beach, Florida Mr. Amarlino stated the full voices of the residents and taxpayers cannot be heard since more than 40% are away for the summer. He believed any change of residential property to commercial zoning should be denied and made to conform with the State, County and City Comprehensive Growth Management Plan to lower density wherever possible. He stated the character of the community should not be destroyed, and the values of property and homes should be upgraded and enhanced with more people and families that can support the existing overbuilt shopping centers, strip stores, and one of the largest malls in Florida. The Boynton Beach Park of Commerce was approved by the Boynton Beach City Council and contains over 500 acres of strip stores, office buildings, and hotels south of N. W. 22nd Avenue and east of Motorola, west to 1-95. With the large number of shopping centers in construction at the present time, and commercial zoning already approved, he stated this application is not needed. Mr. Amarlino concluded the rezoning of this property should be denied for the good health, peace, and tranquility of Boynton Beach. Jim Torbert Chairman of the Board of Directors for Leisureville 2399 S. W. llth Avenue Leisureville Boynton Beach, Florida Mr. Torbert stated it seems the City of Boynton Beach has been going crazy within the last few years with commercial development. As far as office space is concerned, there are two large buildings being constructed on Woolbright Road, and another on Boynton Beach Boulevard. There are several lots on Woolbright Road that are designated for office devel- opment. Mr. Torbert did not see any need for additional - 29- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 office development in a congested area along Boynton Beach Boulevard. He felt the same about commercial development. Up and down Boynton Beach Boulevard, across Congress Avenue, and out west, there is commercial development. Farther out on Military Trail and Boynton Beach Boulevard, there is a tremendous shopping area. There is a mall. He stated it appears there is overdevelopment at the present time for commercial and office building. From that standpoint, Mr. Torbert and Leisureville residents believe this proposed rezoning request should be denied. There being no further presentations in opposition to the proposal, Chairman Trauger declared the PUBLIC HEARING closed. Mr. deLong agreed with Mr. Torbert concerning C-1 develop- ment in Boynton Beach. He believed there was enough office space for the next five years. For this reason, Mr. deLong would be against a PCD and the rezoning of the property, essentially to office use. He did not believe it was eco- nomically feasible to go all office on this project, and noted the developer must have some retail stores. Mr. Ryder moved the application for rezoning of Cross Creek Centre from R-3 to PCD be denied, seconded by Mrs. Huckle. Chairman Trauger stated it was moved and seconded the appli- cation for the request for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density, as stated on the Agenda, be denied, and added to the motion that the recommendations are inconsistent with the Comprehensive Plan. The motion carried 4-3. The following Board members were opposed to the denial of the application: George deLong John Pagliarulo William Schultz Chairman Trauger advised the developer and the agent that this application will come before the City Council on June 17, 1986, in the City Council Chambers, at 8:00 P.M. and as soon thereafter as the Agenda permits. - 30 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT AND REZONING 2. PROJECT NAME: Boynton West Plaza AGENT: Edward Duggan OWNER: Harold S. Wenal, Trustee LOCATION: East side of Hoadley Road, north of L.W.D.D. L-24 canal DESCRIPTION: Request for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial and rezoning from R-1AA Single-Family Residential to C-3 Community Commercial for the purpose of allowing construction of a stormwater retention area for a proposed shopping center on the west side of Hoadley Road. Mr. Golden stated the subject property consists of two large residential lots and occupies 328 feet of frontage on the east side of Hoadley Road, and is immediately north of the L-24 canal. The property is currently vacant. The proposed use is for stormwater retention. The stormwater retention would be incorporated as part of a proposed shopping center located on the west side of Hoadley Road. Both C-3 property and the R-1AA zoned property are currently oWned by the Montgomery Ward Development Corporation. Mr. Cannon pOinted out on the map the location of Hoadley Road, C-3 parcel, and the two lots in question. Mr. Golden stated the Contract to Purchase, held by Harold S. Wenal, includes the two residential lots in addi- tion to the C-3 zone parcel. In regards to surrounding land use in zoning, to the west abutting the parcel is Hoadley Road, which is a 30 foot right-of-way. Across Hoadley Road - 31- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 to the west is the 15.22 acre C-3 zoned parcel. Immediately to the north are three single-family homes, zoned R-1AA. The home which abuts the property, immediately to the north, is on a ½ acre parcel. To the east, abutting the property, is a 60 foot right-of-way, which is part of Venetian Isle Subdivision. Across the 60 foot canal, further to the east, are single-family homes in Venetian Isle Subdivision. To the south is the vacant R-3 zoned parcel which was the sub- ject of the previous rezoning request. To the southwest, across the canal, is the Villager Shopping Center which is zoned C-3. , Mr. Golden advised the present R-1AA zoning will allow for the redevelopment of approximately six single-family lots. Rezoning Mr. Golden stated rezoning to C-3 Community Commercial will permit commercial buildings up to four-stories high, which could include shopping centers, business, and medical offi- ces, banks, restaurants, nursing homes, and hotels. Assuming frontage on Hoadley Road, the rear and side yard setbacks abutting the residential properties to the northeast and southeast would be 30 feet. In addition, a six foot high concrete block wall would be required along the pro- perty lines. It is the applicant's desire not to develop this property for commercial structures but rather to use it as a required stormwater retention area for the shopping center across Hoadley Road to the west. However, no method currently exists whereby this rezoning request can be approved con- tingent upon the applicant,s proposal to use this property as stormwater retention. Approval of this rezoning request would allow for the development of any use permitted under the C-3 regulations. Under the C-3 zoning regulations, approximately 20,000 square feet of the retail floor space could be built on the parcel. Approval of this rezoning request would also set a precedent for the rezoning of the remaining three residential lots immediately north of this parcel. ' Mr. Golden stated in the report, there are a number of Comprehensive Policies which are relevant to this rezoning - 32 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 request. Mr. Golden will address those policies in the discussion of the issues. Adverse Impact on Surroundin~ Residential Pr~ Mr. Golden advised Issue Number 1 is whether development of this property for commercial uses will have an adverse impact on surrounding residential properties. Mr. Golden stated it is anticipated development will have an adverse impact on surrounding residential uses. This would still be the case after taking into consideratiOn the zoning code requirement for a 6 foot high concrete block wall bet- ween commercial uses and residential uses, and the C-3 zoning district requirement for 30 foot side and rear yard setbacks adjacent to the residentially zoned property to the north, east, and south. Of particular concern would be activities taking place to the rear of the future proposed shopping center, in the event it is not developed and used for a stormwater retention, as initially proposed. Those activities would be similar to those outlined for the retail portion of Cross Creek Centre - odors from dumpsters, glare from parking lot lighting, noise due to unloading of dumpsters, etc. Mr. Golden noted that certain of these impacts would possibly occur, in any case, given the existing zoning pat- tern in the area, with Hoadley Road and a concrete block wall serving as the only separation between the C-3 zoned parcel and the R-1AA zoned single-family lots. However, approval of this rezoning request would only serve to exacerbate this situation. Furthermore, it would serve as an intrusion of the C-3 zoning district into the R-1AA zoning district, creating a situation whereby this parcel would be abutted by residential zoning on three of its four sides. If the property is utilized for stormwater reten- tion, as proposed by the applicant, the potential exists for this area to become a dumping ground and nuisance to the surrounding residential property owners. Poor maintenance of the retention area would allow it to become overgrown with weeds and strewn with garbage, creating a breeding ground and haven for rodents and pests, as well as an eyesore to the community. - 33- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 C-3 Parcel Sufficient in Size to Permit Development of Shopping Center The next item concerns whether the existing C-3 zoned parcel under the same property ownership is sufficient in size to permit the development of a shopping center. As mentioned with the Cross Creek Centre, Mr. Golden stated the applicant has submitted the site plan which proposes a shopping center consisting of 169,510 square feet of retail floo~ spaCe. Therefore, it can be concluded that the existing 15.25 acre C-3 zoned parcel would be sufficient in size to permit the development of the shopping center. Physically and Economically Developable for Single-Family Residences Mr. Golden stated the next issue concerned whether the property in question is physically and economically develo- pable for single-family residences. As outlined in the section entitled, "Present Zoning" of the report, Mr. Golden stated the property could be developed for approximately six single-family homes. Commercial Zoning - Consistency with Comprehensive Plan The next issue concerned whether commercial zoning of this property would be consistent with Comprehensive Plan poli- cies for the location of and access to commercial uses. Mr. Golden stated commercial zoning of the subject parcel would be inconsistent with Comprehensive Plan policies for the location of and access to commercial uses. The Comprehensive Plan encourages the development of clustered neighborhood and community commercial centers at arterial and collector intersections. The proposed rezoning would be inconsistent with this policy, as it would create a 1.88 acre C-3 zoned parcel that would be separated from the existing C-3 zoned district at the northeast corner of Congress Avenue and Boynton Beach Boulevard by the 30 foot right-of-way for Hoadle¥ Road. Commercial zoning of the property would also be inconsistent with the policy of encouraging development of commercial land uses where - 34 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 accessibility is greatest, and where impacts to residential uses are minimized. Mr. Golden advised the proposed zoning would be inconsistent with the accessibility provision as access to the property would occur by way of Hoadley Road, which functions as a residential street. If this rezoning to C-3 is approved by the City Council, and if this property is incorporated as a part of the future proposed shopping center to be located on the west side of Hoadley Road, the applicant would be required to abandon that portion of Hoadley Road that abuts his property, as a condition of the site plan approval, and would have to construct a continuous six foot high concrete block wall along his property, where it abuts residentially zoned property to the north, east and south. While these measures would help to minimize the impact on the surrounding residential properties, they would not serve to eliminate the impact on the surrounding residential proper- ties, given the potential for the types of retail development permitted under the C-3 zoning, as well as the four story height limitation. In addition, Mr. Golden stated, if the rezoning to C-3 is approved, and this parcel is not incorporated as a part of the shopping center, but rather is developed as a separate commercial project, access would be required by way of Hoadley Road. Since Hoadley Road currently functions as a residential street, it would not be appropriate to allow commercial traffic in a residential neighborhood. He stated commercial rezoning of the three residential lots immediately north of this property would result in addi- tional increases in the level of commercial traffic, using Hoadley Road, which is a residential street. This would be in opposition to the following Comprehensive Plan policies: 1. To provide a suitable living environment in all neigh- borhoods. To preserve the present stock of sound dwellings and neighborhoods. 3. To eliminate existing and proposed land use conflicts. - 35- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 To encourage the development of complementary land uses. To encourage the development of commercial land uses Where accessibility is greatest and where impacts to residential uses are minimized. Mr. Golden stated it could' be further argued that the pro- posed rezoning, if approved, would result in a grant of special privilege to an individual property owner. In addition, there would be an adverse impact on property values in the surrounding residential enclave. Conclusion/Recommendation Mr. Golden stated the conclusion and recommendation from the Planning Department is as follows: Commercial zoning of the subject property would be incon- sistent with Comprehensive Plan policies with respect to location and also with respect to access. Rezoning would cause a significant change in the character of the neigh- borhood, and would have a negative impact on abutting resi- dential uses. Rezoning this property would also set a precedent for commercial zoning of the three residential parcels which lie to the north of this property, and may have an adverse impact on property values in the Venetian Isle subdivision and the Velaire Plat. Whether the change in character is desirable is the underlying issue in this rezoning petition. It is the Planning Department's conclusion that changing the character of the neighborhood from residential to commercial is not desirable, and that the property is developable under the current residential zoning. Therefore, it is the Planning Department's recommendation that commercialization of this parcel not be allowed, and that the application for amending the Future Land Use Plan to "Local Retail" and rezoning to C-3, "Community Commercial," should be denied. Presentation by Applican__t Ed Duggan H. S. W. Investments, Inc. 6350 North Andrews Avenue Fort Lauderdale, Florida - 36- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. Duggan stated the sole desire of the developer is to develop this land as a stormwater retention area only, and have no desire to put unnatural above ground structures on this piece of property. Chairman Trauger questioned if a dike would be placed around the edge of it to retain the runoff. Mr. Duggan stated there were two possibilities. He would have to lower the property and remove some fill to create a slope where sur- face water can go to for retaining purposes, or he would run french drains throughout the property, below ground, and there is one out-fault point where it could go into the canal. Mr. Annunziato stated he had never seen french drains installed on a vacant tract of land. It is an expensive form of stormwater retention. From his experience, Mr. Annunziato stated it is unlikely to find french drains on vacant, open-tract area. In other developments with vacant property, Mr. Annunziato has seen the vacant property used for a wet or dry retention basin, and not french drains because of the cost. Mr. deLong stated the problem is there is no particular code in regards to this item, and the danger is, if it can be zoned to C-3, it can be used for C-3 purposes. In reply to Mr. Pagliarulo's inquiry, Mr. Annunziato clarified that one cannot use residentially zoned property to enhance commerciallY zoned property. Discussion continued among the Board members regarding the coSt and installation of french drains. Mr. Duggan stated this property would be incorporated, as far as the landscaping, With the shopping center, and would not be abandoned and would be maintained as part of the shopping center. Mr. Schultz stated because of the zoning requirements"that it must be zoned as C-3, it would have the potential of a shopping center on Hoadley Road. He stated he could foresee a problem because of the way it must be rezoned. Mr. Schultz clarified he was not against the idea of a - 37- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 retention basin, but the way it must be zoned. agreed with Mr. Schultz' comments. Mr. Ryder Mr. deLong stated this is a highly different situation than the earlier situation. There is no barrier, and it is right on top of a residential area. Since the Comprehensive Plan is so complete in alluding to holding stormwater drain water because of the aquifier situation, he recommended the Board should investigate the possibility of creating a special zoning for this type of problem. Mr. Annunziato stated the french drains do the same thing as an open basin. Mr. deLong advised they should not get into that kind of expense, and the Board should try to find a way to please a few more people, and see if some kind of codification can be developed for this type of problem. Mr. deLong suggested this issue should be further investigated. Mr. Wandelt commented he would dislike living across the street from a retention center. Mr. Schultz questioned putting in a six foot concrete wall. He questioned if we are trying to keep commercial out, or residential out. Mr. Ryder stated that in many cases it was found that a vegetated barrier would do the trick. However, it doesn't help. Cars' headlights shine into your home. Discussion continued on the advantages and disadvantages of six foot concrete block walls. Mr. Annunziato advised there has been a desire for many years to do something to physically separate commercial from residential properties. He noted fences do not last. On practically every parcel of land in excess of six or seven acres, there is a stormwater retention facility on site. He noted that is where it belongs, and does not belong next to residential property. There isn't a need for the zoning; there is a desire to reduce cost. - 38 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. Schultz noted the parking requirements for commercial have been cut. He has noticed retention areas located in front of commercial properties, and stated a good architect could incorporate that into a pond, and if it is in his front yard, he will maintain it to get customers. Chairman Trauger read into the recOrd a letter from Edward Bernard, 1253 Gondola Court, Boynton Beach, dated June 5, 1986, in reference to the application Number 2, proposing zoning change from R-1AA to C-3 Community Commercial: I wish to inform you that I live behind the proposed commercial development, and object to !the proposed rezoning because we purchased our home precisely because of the qUiet nature of the area as well as the removal of trees and clearing of the land would cause a negative effect on the amount of noise generated by Congress Avenue following the removal of the trees as well as having~anladverse eiffect on the native Florida birds that enjoy the canal and seclusion of the trees and grassilprovided. Commercial traffic in our near viciniity will increase the amount of air and noise pollution on nearby Hoadley Road, iwhich at this time is lightly travelled as a residential road. Signed: Edward Bernard Chairman Trauger read into the record a letter from Ann Smith, 4 Velair Drive, Boynton Beach: As a homeowner of 4 Velaire Drive, I feel this proposed change would be detrimental to our best interest. I believe the overall property value of the neighborhood will decrease and will allow access to an unde- sirable element of society into our quiet residential neighborhood. As further con- sideration, I feel that when the property west of Hoadley Road is developed, it should be divided by a wall from the residential neighborhoods to prevent the crossing of undesirable elements, trash, noise, and - 39- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 rodents. I hereby request that the changes proposed on the attached notice of land use be denied. Signed: Ann Smith Chairman Trauger read into the record a letter from Eugene Lafola, 1245 Gondola Lane, Boynton Beach: I am opposed to the change in rezoning of the parcels. Signed: Eugene Lafola Chairman Trauger asked if anyone would like to speak in favor of this proposal. Hearing none, Chairman Trauger asked if there was anyone in the audience who wished to speak in objection to this proposal. The following resi- dents came forward: William C. Pegerora 14 Velaire Drive Boynton Beach, Florida Mr. Pegerora stated he lived northwest of the corner on Velaire Drive, heading towards Hoadley Drive. He stated he was not too close to the proposed stormwater retention area, but close enough to be concerned over what would happen with the proposed stormwater retention area - would they use a french drain or would it just be an open ditch. He believed it would probably be, because of cost, some type of an open ditch. He felt that would be very objectionable to his neighborhood. The foul smell that would be created, the rodents that would invade the neighborhood, were some of the reasons he objected very strongly to anything like that on that particular corner. He added the proposed use of the retention area would create in his neighborhood a foul smell and rodents, and noted that so many commercial developers do not give the care to the back of their deve- lopment as they do to the front of their development. He suggested they put ponds in the front of their development, and stated that would be the proper place to put the storm- water drainage for their development. Regarding the wall to be constructed on the C-3 parcel, it is his hope that - 40 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 instead of a plain cement concrete wall, they use something that would beautify the wall, in accordance with the City's Beautification Program. More attention should be paid to the back of these projects, especial ~ering on residential n~__z _ ly when they are bor- .... ~uu~nooas. The wall could be beautified with vegetation on the brick fence. It was noted that the walls will be constructed of stucco and landscaped. John Butchercross 1210 Old Boynton Road Poinciana West Boynton Beach, Florida Mr. Butchercross stated he is in close proximity to the pro- perty. However, he stated while looking at the Board, he could think back several years ago and remember when the Board and Council agreed that someone did a very good job on the zoning when they made a straight line down from Old Boynton Road right to the canal. They have residential to the east, commercial to the west. He stated the ~roperty, which is proposed to be used as water retention, Ks not bad property. People would build a house on it, but can't buy the property. The property was sold to Montgomery Ward. It is zoned commercial on the west and residential on the east. This is another request to try to use the property for something else. At that time, Montgomery Ward wanted to use it as a parking lot, and the residents in Poinciana West were very much opposed, and had a petition to that effect. As a parking lot, there would be trucks going down Hoadley Road as an access to their property. After hearing the discussions, he stated he was in favor of everything the Board discussed, and noted they were very knowledgeable and to the point. He added that his residence is located in that immediate vicinity. There are sixty units, and it is a nice, little quiet condominium. He stated he has lived there for twelve years. Mr. Butchercross advised the rezoning would generate traffic down through Hoadley Road. He concluded that parcel should remain residential and not commercial. - 41- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Josephine Bernard 400 Venice Drive Venetian Isle Subdivision Boynton Beach, Florida Mrs. Bernard stated her daughter lives on Venetian Isle at 302 Venice Drive, which is opposite the proposed rezoning in Application Number 1. She stated her son, Edward Bernard, lives on Venetian Isle on Gondola Court, and his house is located across the canal from the proposed retention area. Mrs. Bernard pointed out Venetian Isle is unique. It is a small island and a paradise. She worked very hard to get down to Florida and move here. She stated it was a beautiful place to live. Mrs. Bernard noted there were many birds. There is only one entrance onto the island, and it is a very quiet neighborhood. There are also alligators and ducks. Mrs. Bernard stated it is a paradise. She appealed to the Board, as a resident of Boynton Beach, not to squeeze Venetian Isle with all this commercialization that is coming around this residential neighborhood, and urged the Board to consider her appeal because she and her family love where they live. Hearing no further comments in opposition, Chairman Trauger declared the PULBIC HEARING closed. Mr. deLong moved to deny the request for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Local Retail Commercial, as described on the Agenda, seconded by Mr. Pagliarulo. The motion carried 7-0. Chairman Trauger advised that this application request would be in front of the City Council on June 17, 1986, in City Council Chambers, at 8:00 P.M. or as soon thereafter, as the Agenda permits. ADJOURNMENT There being no further business, the Planning and Zoning Board meeting adjourned at 9:55 P.M. Carol Ann Brown Recording Secretary (Three tapes) - 42 -