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Minutes 12-10-85MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER lb, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Walter "Marty" Trauger, Vice Chairman George deLong Marilyn G. Huckle John Pagliarulo Garry Winter William Schultz, Alternate ABSENT Robert Wandelt (Excused) Norman Gregory, Alternate (Excused) Carmen S. Annunziato, Director of Planning Tim Cannon, Senior City Planner Jim Golden Assistant City Planner Chairman Ryder called the meeting to order at 7:30 P. M , welcomed everyone, introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, Mr. Golden, and the Recording Secretary. He recognized ~he presence in the audience of Peter Cheney, City Manager, Councilman Ezell Hester; Councilman James R. Warnke; Councilman Carl Zimmerman; Samuel. Scheiner, Vice Chairman of the Community Redevelopment Agency, and Owen Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce. MINUTES OF NOVEMBER 12, 1985 Mrs. Huckle called attention to the last paragraph on page 5 and said the word "anchorage" in the next to the last line should be changed to "acreage". On 'page 16, in the second paragraph, next to the last line, she thought "Woolbright Road" should be changed to "Old Boynton Road." Chairman Ryder a~reed. In the paragraph near the top of page 37, he said "various fitnesses" should be "various businesses." Vice Chairman Trauger moved to accept the minutes as corrected, seconded by Mrs. Huckle. Motion carried 5-0. Mr. deLong and Mr. Schultz abstained from voting as they were not present at the meeting of November 12. ANNOUNCEMENTS None. - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 COMMUNICATIONS None. OLD BUSINESS A. PRELIMINARY PLAT Project Name: Agent: Owner: Location: Description: Lakeside (Blum Property) - TABLED 10/8/85 D. M. Ambrose Associates, Inc. Peter Blum North of Old Boynton Road, East of N. W. 10th Street Request for approval of construction plans and preliminary plat which pro- vides for the construction of infra- structure improvements to serve a twenty-four (24) lot single family subdivision Mr. Annunziato advised that the City has yet to receive the land value, so this item should remain on the table. B. SITE PLAN Project Name: Agent: Owner: Location: Description: Humana Medfirst - TABLED 10/8/85 Randy B. Oakes, Project Manager Robert Q. and Doris E. Wyckoff Clarence H. and Airane S. Lansford South side of Boynton Beach Boulevard, east of N. W. 7th Street Request for site plan approval to construct a 3,125 square foot medical clinic on .58 acres Based on the traffic impact statements the City had him pro- vide, Mr. Annunziato said the applicant determined that he needs to seek a variance to allow for a two way driveway at Boynton Beach Boulevard. Also, it was suggested that he may need to abandon a utility easement which runs through the center of his property. Mr. Annunziato informed the Members that the applicant wanted his application to remain on the table until February or such time as he could address his site plan at the same time as his public hearings. Chairman Ryder thought some other questions were involved as to proximity to 1-95, etc. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Motion as to A1 and Bi After discussion, Mrs. Huckle advised there should be a motion on the above projectso Vice Chairman Trauger moved, seconded by Mrs. Huckle, to have the above items remain on the table. Motion carried 7-0. NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT AND REZONIN~ Project Name: Agent: Owner: Location: Description-. St. Andrews Club Robert D. Chapin St. Andrews Club, Inc. State Road No. A1A at Briny Breezes Boulevard, southwest corner Request for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density Residential to Recreational, and rezoning from R-3 Multi-Family Resi- dential to REC Recreation for the purpose of seeking a reassessment of property values in order to lower the Club's annual property taxes Mr. Annunziato said these are properties currently occupied by the club and golf course at St. Andrews development on the west side of A1A. He referred the Members to his memo dated November 21, 1985 and said there was an analysis with respect to adjoining properties. Three properties are involved in this request (one along the north, and two along the east), and none seem to cause any significant land use problems with adjoining property. After analyzing the request, Mr. Annunziato said the Planning and Zoning Department believes the rezoning can occur without the benefit of an amendment to the plan because recreational uses are a permitted use in high density residential categories. However, the applicant applied for a land use element amendment. The Planning Department recommended that the request be approved. No significant land use questions are to be answered. It downzones the property, takes away the develop- ment category, and is a use consistent with the current use. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 The Members agreed with Mrs. Huckle that they had enough material and did not need to hear further from Mr. Annunziato. Robert D. Chapin, Attorney at Law, 1201 N. E. 8th Street, Delray Beach, Florida 33444, thought Boynton Beach had a "very fine" Zoning Director. He said they were simply asking the Board to rezone three parcels zoned for mid-rise condominium development, which were brought to their atten- tion. Attorney Chapin assured the Board that St. Andrews Club has every intention of continuing the use of the golf course. There are approximately 20 acres of golf course property, approximately 15 of which are zoned recreational. These three out parcels will complete the proper zoning of the property to its existing use, and Attorney Chapin said they think it made much more sense to do it that way. Chairman Ryder asked if Attorney Chapin understood that, in the above case, the property would not be subject to develop- ment as it would under the existing zoning. Attorney Chapin emphasized that he was fully aware that no further develop- ment could occur on that property unless it is rezoned back to permit it, and they have no intention of doing that. He said they hope the 20 acres will remain green, open space, as a golf course use, bordered on the west by the Intra- coastal. Attorney Chapin commented that it is also a bird sanctuary. Chairman Ryder asked if anyone wished to speak in favor or in opposition to the request, and there was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Winter moved, seconded by Mr. deLong, that the request be approved. Motion carried 7-0. B. SUBDIVISIONS PRELIMINARY PLAT Project Name: Agent: Owner: Location: Description: Las Palmas Landing Giles Lauren Las Palmas Intercoastal, Inc. East side of Federal Highway, between Las Palmas dead-end and Intracoastal Waterway Request for approval of construction plans and preliminary plat which pro- vides for the construction of infra- - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 structure improvements to serve an eight (8) lot single family sub- division in connection with a replat of a previously platted subdivision (Fisherman's Landing) Mr. Annunziato reminded the Members that they approved this as a preapplication and as a master plan. They were now at the preliminary plat level. Mr. Annunziato drew attention to the memo from Thomas A. Clark, City Engineer, dated December 5, 1985, which must be accommodated as a part of the final plat, and to the comment from the Planning Department recommending that a land value be set at $142,000 an acre. Mr. Annunziato handed out a letter from Scheer & Corbett, P.A., Suite 302, 1901 South Congress Avenue, addressed to Sunrise Savings and Loan Association with reference to the land value. He had conversations with the applicant and informed the Board that it has been the Council's policy to accept only an appraisal or a recent contract for the land. The applicant has been unable to submit to the City a copy of his contract because it is still being negotiated. How- ever, he submitted a letter addressed to D. J. Snapp regard- ing Fisherman's Landing, which Mr. Annunziato read. The letter said Sunrise Savings and Loan approved his revised offer to purchase the property for $450,000 cash. In effect, that would be $142,000 an acre. Mr. Annunziato said the City is asking the applicant to sub- mit either an appraisal, copy of the final contract, or an affidavit of the contract prior to the City Council meeting on Tuesday, December 17, if the Planning and Zoning Board is satisfied, at this point, that the level of land value was equal to what was being discussed at this meeting. Mr. Annunziato explained that the City only has letters that give the land value, and they have asked the applicant to substantiate that with something beyond letters, which they can place on record. Beyond that, the Technical Review Board recommended that the application be approved, subject to staff comments and with the understanding that the applicant would submit additional verification. Giles Lauren, President, Las Palmas Intercoastal, Inc., of Four Points Realty, Inc., 50 South Military Trail, Suite 204, West Palm Beach, Florida 33415, agreed to the staff comments. He was sorry about the land value but explained that there was a title problem and some confusion as to the - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 actual closing price on the contract. That was why they preferred not to give the City a copy of the contract but to give an Affidavit that would be up-to-date on exactly what the final price would be. To the best of his knowledge, the letter Mr. Lauren produced at this meeting had the final price. Mr. Lauren assured Chairman Ryder that they will be prepared when they come before the Council, and they should have an Attorney's Affidavit as well. He pointed out that the fees were paid on the property a number of years ago. When Fisherman's Landing was platted, Mr. Annunziato said a fee was paid which would likely exceed the number of dollars for recreation, parks, and education purposes that would have to be paid for this now eight lot parcel. The prior parcel was an eleven lot parcel, and the fee is based on the number of lots. Vice Chairman Trauger moved to accept the preliminary plat, subject to staff comments and with the understanding that the applicant would submit additional verification of the land value. Mrs. Huckle seconded the motion, and the motion carried 7-0. C. SITE PLANS Project Name: Agent: Owner: Location: Description: Boynton Beach Shopping Center Goldenholz-Fischer Architects Robert A. Adair Zill's Nursery, Inc. Federal Highway at Old Dixie Highway, West side Request for site plan approval to construct a 160,450 square foot shopping center including supermarket, drug store, and 3 out lots on 15.98 acres Chairman Ryder asked where the out lots are. Mr. Golden replied that they will not be under separate ownership, but they are included in the shopping center. He said the name of the shopping center will be "The Grove". The pro- posed site is on the west side of the intersection of Federal Highway and Old Dixie Highway between the two roads and the Florida East Coast (FEC) Railway right-of-way. Los Mangos abuts the property to the north. The Technical Review Board recommended approval of the request, subject to staff comments. Mr. Golden said the - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 main shopping center is designed in the shape of the letter "U". The opening faces east, towards Federal and Old Dixie Highways. The proposed shopping center will include a 45,000 square foot Winn-Dixie supermarket, a 10,000 square foot drug store, and various retail uses permitted under the C-3 zoning regulations. Three 4,000 square foot out lots will also be provided as a part of the shopping center. Mr. Golden said access to the shopping center will be by an ingress/egress driveway on the Federal Highway on the north property line. The main shopping center will be located on Old Dixie Highway. The applicant submitted a traffic impact analysis and signalization study, which indicated that a traffic statement and certain roadway improvements would be required as a result of the entrance being on Old Dixie High- way. Those improvements Will include a signal and appropri- ate turning lanes. The third method of ingress and egress will be an exit only located near the soUthern property line to the rear of the shopping center onto Old Dixie Highway. Mr. Golden said the developer designed the project to capitalize on the amenities provided by Zill's Nursery, and extensive landscape plans have been submitted. Although adequate utilities are available to service the proposed shopping center, Mr. Golden said several improve- ments may be necessary, and he referred the Members to the memo from John Guidry, Assistant Director of Utilities, dated December 10, 1985. Mr. Golden read the staff comments from the Building, Fire, Engineering, Utilities, Police, and Planning Departments and also from the Urban Forester. Vice Chairman Trauger referred to the first comment in Mr. Annunziato's memo of December 4, 1985 and asked if the City needs another drive-thru restaurant. Mr. Golden replied that they are showing a possible drive-thru at outlet "F", and it will require a conditional use approval. He informed Mrs. Huckle that outlet "F" is the northernmost out lot located closest to the northern ingress/egress. Chairman Ryder asked Mr. Cannon to point out the access on Federal Highway. Mr. deLong said that would be where there will be a right turn only, and it will be 90% of the major access. Mr. Golden informed Vice Chairman Trauger that the signals will be located at the intersection of Old Dixie and Federal Highways to accommodate the traffic generated at the main entrance, which is located approximately 200 feet southwest of the intersection, on the west side of Old Dixie Highway. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Going back to the northern access on Federal Highway, Chair- man Ryder asked if there will be a median cut. Mr. Golden answered that there is a cut and called attention to the 4th comment in the memo from the Police Department, dated December 3, 1985, where it said they are only allowing a right turn there. He clarified that it was in regard to the curb cut to reduce possible .traffic hazards with conflicting left turns. Chairman Ryder asked what was being contemplated in the way of roadway improvements adjacent to the site. Mr. Golden informed him that several representatives for the applicant were present. Mr. Schultz inquired about the reason for comment 12 in the Planning Director's memo of Decembert 4. Mr. Golden replied that it was formerly called Boynton Beach Shopping Center, but there are a number of shopping centers with "Boynton Beach" in the name. To reduce any potential problems with Fire and Police response, the comment was made so there would be a more specific name that would not closely resemble other shopping centers. As initially proposed, Mr. Annunziato said the concept of the plan was not to take advantage of the existing vegetation. At his urging, the applicant analyzed the existing vegetation on site and found some species of concern. The applicant redesigned his parking lot to accommodate those trees which can be saved on site and is relocating a substantial number of trees on site. As far as the mango trees are concerned, they are offering mature mango trees for replacement. Kevin Hallahan, Urban Forester, had two memos with respect to this. Mr. Annunziato was concerned about the timing and methodology of tree treatment. It would be difficult for the applicant to take care of a tree he intends to transplant or relocate and go in and do the kind of clearing this kind of tree necessitates. Mr. Annunziato told the Members this was the thrust of the second comment of Mr. Hallahan's memo of December 6, 1985. What was being suggested to the applicant was that the tree work and all that is required to save trees be completed before a lot clearing permit is granted by the Building Department. In other words, the City wants to see the tree concerns addressed to a conclusion and then the land development would occur. Mr. Annunziato explained how the applicant did a tree survey and added that the mango trees do not make good parking lot trees. Chairman Ryder commented that Mr. ~allahan did a good job on this. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Mr. deLong asked what the distance was from the minor access entrance on Federal Highway to the intersection of Old Dixie Highway. Mr. Annunziato estimated that it was about 500 feet. Mr. deLong inquired what the distance is from the same intersections to the major access. Mr. Golden answered that it is approximately 200 feet and not less than 180 feet. Mr. Golden informed Mr. deLong there will be a six foot concrete block wall where it abuts the perimeter of Los Mangos. Mr. deLong referred to the first comment by the Police Department regarding relocating a dumpster and assumed the City was using a standard uniformity in screening dumpsters at all of the new shopping centers. Mr. Golden advised that the Code requires a slx foot concrete block wall on three sides. The dumpster has to be relocated to the southeast side of Winn-Dixie because the site plan does not show that there is a proposed angle loading dock at that corner of the building, and trucks parking there would create a conflict with the trucks from the Public WOrks Department° Mr. deLong asked if any kind of buffer zone was proposed between the residential section and the shopping center. Mr. Golden replied that they will have the six foot concrete block wall. Mr. deLong asked about a natural barrier. Mr. Golden drew his attention to the 1st and 2nd comments of Mr. Hallahan's memo of December 4 and: said the hedge would be on the inside of the concrete block wall between the rear driveway of the shopping center and the wall along Los Mangos. He informed Chairman Ryder it would be along the southern boundary of the Los Mangos property. With regard to the 2nd and 3rd comments in Mr. Hallahan's memo of December 4, Mr. deLong wondered why the hedge plants should be 18 inches along the abutting properties and 36 inches along any road right-of-way. Mr. Annunziato explained that 36 inches are needed to screen parking lots. Mr. Annunziato said the north side of the property was probably the most sensitive as far as interfacing land uses. The buildings will sit back 40 feet from the north parking line. Coming from north to south, at a minimum you will have the wall sitting in the middle of a five foot landscap- ing strip (2½ feet on the north and 2½ feet on the south of the wall). Then there will be various cut outs so truck traffic can go around cars that may be parked adjacent to the buildings. Where they do not have the cut outs, the - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 landscape island increases an additional 12 feet. In most cases, there will be 17 feet of landscaping adjacent to the north property line. Then there will be the 20 foot drive- way and 3 foot sidewalk adjacent to the back of the buildings. Mr. Annunziato counted about 30 trees which will be on the south side of the wall. Also, there is some landscaping in back of the buildings where there are planting islands. In front of the buildings, in closer proximity to U. S. 1, there are landscape islands. Mr. deLong noted that the applicant had given thought to parapets to try and keep the noise down. Vice Chairman Trauger asked if the developer had produced a marketing survey or financial feasibility. It seemed to him that the City has been gathering quite a few shopping centers of this size and there are quite a few vacant. He referred to office rentals and commercial spaces available and thought the Board should start taking a look at this or there will be little strip shopping centers along every major arterial. Mr. deLong asked what you would do if you had a piece of property zoned that would permit it. Other Members agreed that it was not up to the Board to guarantee financial success. Chairman Ryder thought it was pertinent to refer to that and he drew attention to the Winn-Dixie at 36th Avenue and asked what kind of logic that was. Mr. deLong asked about four banks on four corners. There was more discussion about this. Chairman Ryder thought the Board was aware of the fact it is a permissive use under the present zoning, and the applicant has a right to proceed. What was involved was the manner in which the City is being developed. Mr. deLong pointed out that what also was involved was the property rights of people that own property which is zoned C-3 and have a right to use it. Vice Chairman Trauger interjected that they did not have to buy it. He believes in free enterprise but said some call it greed. This is our City, and Vice Chairman Trauger did not want to see it impacted too severely by all of this. Mr. deLong did not want to see it impacted adversely either but did not want to see people's rights usurped from them either. There was more discussion about this. As long as it looks feasible as far as the aesthetics and is not a blight on the community, Mr. deLong said there was no way they could continually talk about prolonged vacancies of - 10- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 these things. Vice Chairman Trauger pointed out that the City has to pick up the pieces where we have vacant properties and where projects do not succeed. Then there are eye sores all along the line. That was what Vice Chairman Trauger was trying to preclude, and he said there were ways of guarantee- · ng it, such as a marketing feasibility study or financial impact study. On the north side of Los Mangos, Chairman Ryder said there is the Atrium, which is lying fallow to a great extent. Mr. deLong asked if the Members were there as financial advisors or there to be sure that the zoning was adhered to and that they make it as fine as they can aesthetically. If someone wants to lose $1,000,000 on a project, he did not know where the Board had a right to be concerned. About a year ago, Mr. Annunziato had a discussion with somebody doing market studies for this area. He did not know if the applicant ever received copies of those studies, but none were submitted. William M. Zami, Developer of the shopping center, 1600 South Bayshore Lane, Miami, Florida 33133, had several people with him (Bob McIntire, Project Manager of Goldenholz,Fischer Architects, 800 West Cypress Creek Road, Fort Lauderdale, Florida 33309; Fred Schwartz, Traffic Engineer, who did the traffic study, from Keith & Schnars, P.A.; and Tom Beasley, Landscape Architect. Mr. Zami said he did the marketing and financial analysis of the center and felt it was a highly feasible project. Chair- man Ryder asked if the Winn-Dixie was locked in, and Mr. Zami answered affirmatively. Chairman Ryder asked if it would supplement the one on Gulfstream Boulevard, which is about 1/4 a mile away. It was believed:to be a supplement at this point, but Mr. Zami said they did not know the ultimate disposition of the other store. This will be a large, modern, new design shopping center of 45,000 square feet, which is more than double the size of the existing facility. Mr. Zami told Vice Chairman Trauger Gulfstream is a very prime location and if that Winn-Dixie moved out, he was sure there would be no shortage of major tenants. Vice Chairman Trauger informed him that four spaces are open in the building right now. Mr. Zami informed the Members that this will be a more up scale version of a Winn-Dixie. It will have a full - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 delicatessen, fresh fish, and fresh fruit with wide aisles and a well lighted and well designed interior. The shopping center will be of CBS construction. Mr. Zami told Mrs. Huckle they are currently negotiating with several drug stores, but there is no shortage of prospective quality tenants for the shopping center. Besides the supermarket and the drug store, there will be about 85,000 square feet of tenant space. Mr. McIntire advised there could be from 40 to 60 new shops. It will depend on the number of square feet in each one. Chairman Ryder asked what the paved width of Old Dixie High- way is. Mr. Annunziato answered that it is about 20 feet. Chairman Ryder asked what happens when you leave the exit on Old Dixie and proceed south. He wondered if there was any change in roadway widths. Fred Schwartz, Traffic Engineer, from the firm of Keith & Schnars, drew attention to a diagram and said they were recommending improvements between the major access and Federal Highway on Old Dixie Highway. They will be widening between those two points to allow two eastbound lanes on Old Dixie Highway and Federal Highway. Chairman Ryder noticed there was not a median but just striping. Mr. Schwartz clarified that it will be restriped to separate the lanes where no improvements are contemplated west of the major access point in the drawing. Mr. Annunziato had a conversation with Charles Walker, County Traffic Engineer, and Mr. Walker suggested that a left turn lane, southwest approach, be constructed in addi- tion to what was shown by the applicant on Old Dixie Highway. That was incorporated in Mr. Annunziato's comments. Mr. Schwartz commented that it would be a possibility. They did not include it because traffic on Old Dixie Highway is very low. The number of customers they projected coming from Old Dixie Highway to this new shopping center was also low. Mr. Schwartz said it could be added in. They arranged to meet with Mr. Walker on Thursday of this week (December 12, 1985) and will be resolving that issue as well as some of the issues of the design. Mr. Schwartz pointed out that this is a concept and has to be approved by the City as well as the County, and they will work with all of those people to get an acceptable design. Proceeding south on Old Dixie, when you come out of the main access, Chairman Ryder asked if they would make an attempt - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 to have an acceleration lane or if they would just have the single width lane that now exists fOr through traffic. Mr. Schwartz replied that it would be the same width lane. The speeds are low on Old Dixie, and the counts are low. Acceleration lanes are almost exclusively used on high speed highways and tend to be a hazard when used on a low speed highway. Therefore, it was not recommended. Mr. Annunziato said the City has requested that the appli- ant dedicate 40 feet of right-of-way from the center line of Old Dixie Highway on the west side. It is apparent from the County records that they are unsure as to whether or not they ever had any kind of dedication of right-of-way over this section of Dixie Highway. To clarify the title issues with respect to right-of-way, Mr. Annunziato said they are requesting that this applicant quit-claim part of it and dedicate what he can but to make sure 40 feet from the center line of Old Dixie Highway to the west be dedicated to the County. Mr. Schwartz believed about a total of 40 feet of right-of- way was available now and said there would be an additional 20 feet on the property. The concept in front of the Members did not require that amount of right-of-way. In fact, although it would be tight, Mr. Schwartz said it could be done in the existing 40 feet. These are the kind of things he said they would resolve with the County when they meet. If this continues, Vice Chairman Trauger observed that "down the road", Old Dixie Highway must be four laned. The ques- tion now was the dedication from the center of the right-of- way. He asked if there was a financial impact fee for the improvement of Old Dixie Highway and said traffic is getting heavy there because people use it as a short cut to get from U. S. 1 to Seacrest. Mr. Annunziato assured him that the City was going to require the dedication of 40 feet of right-of-way from the center line of Old Dixie Highway. The City is part of the County road impact fee ordinance and enforces it. It will be paid at the time of the permit. Mr. Annunziato did not see that those were two issues sub- ject to discussion or bartering with the applicant. These are things which are part of the City's Comprehensive Plan, are incorporated in our development approvals and have to be incorporated in the site design. They were listed here for edification purposes. Old Dixie Highway is a collector of the County thoroughfare plan. That meant it was 80 feet, and that was the form of right-of-way. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Chairman Ryder asked Mr. Schwartz if he was involved in this entire study. Mr. Schwartz answered affirmatively and added that he was involved in the impact study and the signal justification report. Mr. Annunziato commented that the reports submitted were very legible and easy to under- stand. Mr. deLong asked about the future use of the out lot. Mr. zami replied that it would probably be a combination of either a full service restaurant, a fast food restaurant, and a bank facility, but they had not firmed up those plans. Mr. Zami and his Consultants were aware of the staff comments and had no problems with them. The one area Mr. Zami hoped to resolve was the extent of the 40 foot right-of- way on Old Dixie Highway, as to whether it was necessary at this point for the whole 40 feet. He said they would be happy to enlarge Old Dixie to handle the traffic they feel they would generate, but that was the only area of discussion he had. Mr. Zami said they found all of the staff comments per:tinent, and they were willing to adopt them. Chairman Ryder thought Mr. Zami realized that the City is adjacent to the County areas there and have County pockets all along Old Dixie Highway. Bob McIntyre, Project Manager for the Architect, showed a rendering of a one story building and the appearance they would be going with. The building will have a smooth stucco finish with pitch tile roofs, split base blocks for accent, and a brown and beige color motif throughout. Since Samuel Scheiner, Vice Chairman of the Community Redevelopment Agency, lives in Los Mangos, next door to the project, Chairman Ryder asked him to comment. Mr. Scheiner thought it was very well designed but was concerned that if it was not as successful as the Atrium, they would probably have another auto rental there. Mr. deLong moved that the application be approved, subject to staff comments. Mr. Winter seconded the motion, and the motion carried 6-1 with Vice Chairman Trauger opposing the request. Project Name: Agent: Owner: Location: Mariners Way Frederick T. Vecchione Wendall Collins N. E. 12th Avenue, east of Federal Highway - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Legal Description: Description: Lot 9, Wilms Way, as in Plat Book 23, page 110, Palm Beach County Records Request for site plan approval to construct a 32 unit townhouse develop- ment on 4.75 acres Mr. Golden informed the Members that the subdivision has been platted, and the final plat was recently approved by the City Council. The Technical Review Board recommended approval, subject to staff comments. The property is located north of Mariner Village. Mr. Golden said the units are two story, attached, in four rows consisting of eight units per row. The exterior con- sists of light gray stucco, cedar trim, and cedar shaped roofs. A mangrove cluster is to the rear and south of the units in a canal where docks are proposed for the units. Permits have been issued by concerned agencies for construc- tion. Access to the subdivision will be provided by way of N. E. 12th Avenue. Adequate utilities are available. Mr. Golden read the staff comments from the Building and Planning Departments. Vice Chairman Trauger asked what the density is and was informed by Mr. deLong that it is 6.74. Chairman Ryder noted it is R-3 zoning. Mr. Wendall Collins, 630 U. S. Highway 91, Suite 9402, North Palm Beach, Florida 33408, agreed with the staff comments. Vice Chairman Trauger moved to approve the site plan, seconded by Mr. Pagliarulo. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Sandalwood of Boynton, Plats 3 & 4 Jo Ellen Leisinger Chalet IV Corporation Miner Road at Congress Avenue, Southwest corner Request for site plan approval to construct 188 townhouse units plus landscaping at Phase I of the Melear Planned Unit Development (PUD) Mr. Golden said a master plan modification for the Melear PUD was submitted and approved back in February. It called - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 for changing unit types, a modification of lake configura- tion, relocation of the park area, and a change of location of the bike path to the north side of the collector road. The request was originally submitted in May of this year as Chalet IV, Plats 3 and 4, but was withdrawn by the developer prior to City Council approval. The site plan presented at this meeting was the new version of the original Chalet IV, Plats 3 and 4 site plan. The Technical Review Board recom- mended approval of the request, subject to staff comments. Mr. Golden said the Phase I site area is located within the interior of the proposed collector road, which is the loop road. The proposed unit types are fourplex townhouse units with stucco finish and wood shingle roofs. InclUded is a concrete patio area enclosed by a wood fence for .each unit. The units have two stories. Also included in Plats 3 and 4 is a recreation area including four tennis courts, four racquetball courts, a basketball court, swimming pool, and bath house. There is also a play area. Access is proposed by a loop collector road which connects onto Congress Avenue to the east and Miner Road to the north. Mr. Golden read the staff comments from the Building, Engineering, Utilities, Public Works, and Planning Departments. He also read another memo from the Utilities Department, which was handed out at the meeting. It was originally intended that the preliminary plat be sub- mitted in connection with the site plan approval, but that was held up. Mr. Annunziato informed Chairman Ryder that there were two public land dedications which were part of the PUD that was approved. One was for a parcel of land along Miner Road and Congress, and he indicated the location of the second parcel. As a result of last Spring's general obligation bond pro- cedures, Mr. Annunziato said there was a bonded improvement for some sort of public safety facility at Miner Road and Congress. Mrs. Huckle called attention to the "Total Number of Dwelling Units" on page 4 of the application and questioned whether it was supposed to be 180 or 188. Mr. Golden advised that it should be 188. JoEllen Leisinger, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 600, West Palm Beach, Florida 33409, - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 was concerned about two comments. One related to the handi- capped parking. The owner had stated that fee simple town- homes, as this project is, would be exempt from that require- ment. In the owner's opinion, only the recreation areas would have requirements for handicapped parking. Mr. Annunziato advised that his answer would be whatever the Building Code provides for will be the result_ If they do not require handicapped parking spaces, nothing will be required. If they do, it will be a Building Code issue. It was not meant to be any more or less than that. Vice Chairman Trauger asked what the potential market value was of the two bedroom, two bath townhouses. In West Palm Beach, Ms. Leisinger said they have been in the $50,000 and $60,000 range, but she did not know about this market area. Ms. Leisinger said their other concern was about the recre- ation parking. When she did the calculation, she came up with a need for 99 parking spaces in that one small recrea- tion area which, to the owner, seemed excessive. That was almost equal to 1/3rd of the total number of units, and Ms. Leisinger said it was hard for them to imagine that a repre- sentative from each dwelling unit would be at that park with a car at the same time. Mr. Annunziato informed Mr. deLong that the ratio is based on distance from the use. These are recreational amenities that will be open to all members of the PUD, not just the units the Members saw now. The further away the units, the more parking that will be required. Mr. Annunziato told Chairman Ryder people would come from the entire Melear tract, which would comprise 1,005 units. Ms. Leisinger's understanding was that this one little part was only for Phase I, but the 1.8 community park was for the overall units. Mr. Annunziato was almost certain that all of the amenities were open to all property owners. Ms. Leisinger responded that she would have to clarify that with the owner, and it was an issue to consider. Given the number of facilities and the number of people that can use them at one time, it still seemed to Ms. Leisinger that 99 parking spaces might be "a bit excessive." She even tried taking out two tennis courts and lengthening the parking lot, which would get them up to 60 parking spaces instead of 28, and which also would be giving up five required parking spaces because they would be knocking out two tennis courts. Mr. Annunziato said the city would work with the applicant on this. Ms. Leisinger expressed that she needed to confirm - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 with the Planning Department that her calculations were done accurately. Chairman Ryder assumed that it will not be a seasonal development but will be all year round. Thusfar, Ms. Leisinger said all of their projects have a seasonal element, which could be a factor. There was more discussion. Mr. Annunziato thought Ms. Leisinger made a good point because only four people could use the tennis court at one time and asked, "How much parking do you need for a tennis court?" He felt the real issue related to the swimming pool and thought it had more to do with a public pool as opposed to a private pool. Mr. Annunziato said his department would address that issue and make sure the parking is sufficient. Ms. Leisinger showed the Members a colored rendering of the site plan. Mr. Annunziato told the Members this was a continuation of the Burg and DiVosta fourplex townhouses which are being constructed. Ms. Leisinger presented a graphic which showed the two entrances on the loop road, which is called Sandalwood Drive, and they interface with Congress Avenue and Miner Road. She assured Mr. Annunziato that there is no guard house. Mr. Annunziato explained that the City did not want a guard house beacuse they do not want people to think it is a private road. Chairman Ryder asked what the status of the perimeter road is. Mr. Annunziato answered that 2/3rds of it is bonded now. When the final plats are submitted for approval, the continuation of the loop road will be bonded. Miner Road is bonded. Chairman Ryder determined that the entire loop from Miner Road back to Congress Avenue will be public and bonded. Ms. Leisinger added that it has two lanes except for a small median at either entrance. Mr. Schultz moved to approve the site plan, subject to staff comments and clarification of the parking at the recreation area. Mrs. Huckle seconded the motion, and the motion carried 7-0. SITE PLAN MODIFICATIONS e Project Name: Agent: OWner: Location: Boynton Lakes Joseph Michl Plat 91 Homeowners Association East side of Congress Avenue, south of Hypoluxo Road - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Description: Request for approval of an amended site plan to allow the addition of screened enclosures with roofs. Chairman Ryder questioned the owner being the Homeowners Association. Mr. Golden explained that the Homeowners Association has control of Plat %1. Lennar had submitted and was approved for a screened enclosure without a roof. The Homeowners Association is proposing a modification to allow for two versions of screened enclosures with roofs. The Technical Review Board (TRB) recommended approval of the request. There-were no staff comments. Mr. Golden explained the screened enclosures and said screen enclosure "A" has screened sides and an aluminum or fiberglass roof. "B" has solid walls with windows and an aluminum or fiberglass roof. Originally, Mr. Golden said this was rejected by the TRB because there was some question about how large the enclo- sures would be. The agent spoke to the Building Department prior to this review and resolved that issue. The enclosures would only occupy the original standard slabs that were approved with the units. Chairman Ryder wondered if this represented any substantial reduction in the rear setbacks. Mr. Golden replied that it would not be within the setback area because they are enclosing the slab patios. Mr. deLong pointed out that they were not extending the footers, and it would be within the confines of the slab. There was discussion about slabs. Mr. Golden advised that the plans were corrected so that any enclosures that were approved would not encroach into the setback area. Joseph Michl, Chairman of the Architectural Control Committee of the Boynton Lakes Homeowners Association, 31 Mayfair Lane, Boynton Beach, Florida 33462, told the Members that numerous homeowners already had screened enclosures on these slabs. They asked for a change because when it rained, the enclosures without roofs became a mess and gave no protection from the sun. Basically, the construction will be screening. Mr. Michl told Mrs. Huckle they would rather not go with "B" (solid walls with windows) and, basically, they are going to stay away from that altogether. They are going to allow just the screened enclosures. Mr. Annunziato preferred to approve the plans as submitted, noting both options "A" and "B", so if there is a change of heart among the Architec- - 19 - MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 tural Review Board and the property owners, they will not have to go through this cumbersome and time consuming proce- dure to accomplish the same thing. Mr. Annunziato recom- mended that the Board approve the plans as initially sub- mitted. Then, if the applicants want to limit the self- imposed limitation upon themselves, so be it. If windows are put in, Mr. Annunziato agreed with Mrs. Huckle that it would be adding another room. In the PUD, there are no required setbacks. With respect to the Build- ing Code, if it is an enclosure, it has separate criteria. If it is a room, there are requirements for electrical out- lets, columns, etc., and they would have to submit plans. That would be provided for if the Board approved the initial request. Mr. Annunziato informed Mr. Schultz that the enclosures would have to be built to accommodate the kind of foundation proposed. They would have to have footers to enclose them in. There was more discussion about slabs, enclosures, and controls. Mrs. Huckle wanted it clarified because, according to the agenda, they only asked for one thing. Mr. MiChl said the slabs had already been approved under Lennar Corporation and are there already. Mr. Annunziato reiterated that the Board should approve the plans as submitted and not the language on the agenda. Whatever the homeowners do will have to meet with the approval of the Building Department. Mr. deLong moved that the application be approved~ subject to the comments made by the City Planner. Mr. Winter seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: The Crossings Climatrol, Inc. Various Homeowners North side of N. W. 22nd Avenue, west of Federal Highway Request for approval of an amended site plan to allow the addition of screened enclosures with roofs Mr. Golden informed the Mgmbers that the request is for screened enclosures with aluminum roofs. Currently, screened enclosures have been approved with the aluminum roofs. How- ever, the Building Department erroneously issued several building permits to construct screened enclosures with - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 aluminum roofs but have ceased to issue permits for enclosures with the aluminum roofs pending the resolution of this request. The Technical Review Board (TRB) recommended approval. There were no staff comments. The overlay showed the existing slabs in relation to the units. Mike Lovell, Climatrol, Inc., 3718 Interstate Park Road North, Riviera Beach, Florida, came forward. Chairman Ryder understood that these were two story fourplexes, and the lower units had a courtyard and were fenced. He asked where the screened enclosures would be. Mr. Lovell replied that they would be on the first floor or on the existing wood deck in the upper level, and he showed pictures to the Members. Mr. Lovell informed Vice Chairman Trauger that Climatrol would sell these to the individual homeowners, so they would only sell one unit at a time. Chairman Ryder questioned what would happen architecturally and aesthetically if they go on the upper level as well. Mr. Lovell informed him that several are already there, and he felt they looked nice. Mr. Schultz advised that the screened enclosures there were legal but when they have an aluminum roof over it, it is a screened porch. Mr. Lovell showed the Members a similar picture of the units they do. It was an aluminum roof with screened walls. On the upper levels, the frame would be attached to the wood deck instead of the slab. Mr. Lovell explained how they would be. Mr. Lovell told Vice Chairman Trauger that all of their enclosures were designed by an engineer to withstand hurri- cane force winds. Mr. Schultz pointed out that they will still have to get permits for these, and they will be covered by the Building Department. Mr. Lovell informed Chairman Ryder that they went to special measures to make the appearance nice. The bronze frames match the windows of the units, and the roofs are painted brown to match the exterior of the building. There will be instances where some will have a downstairs and not an upstairs and vice versa. Mr. Schultz did not see any that had a first floor and second floor roof together. Many people whose units face west are getting the units to restrict the heat and sun. As an option, Mr. Lovell told Mr. Schultz they offer insulation of the roof. - 21- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Mr. Annunziato informed the Members that these are condo- miniums. Forty units, on the southeast corner of the property, have not been constructed. 240 units have been built. There was more discussion among the Members. Before the Council meeting, Mr. Annunziato wanted to see a copy of Climatrol's credentials. Mr. Schultz moved to approve the amended site plan providing Climatrol submits a copy of the Condominium Association's acceptance of Climatrol's credentials to the Planning Director prior to the City Council meeting on Tuesday, December 17. Mrs. Huckle seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Shooters on the Water William L. Osborn, P.A. Shooters on the Water East side of Federal Highway, south of Las Palmas Request for approval of an amended site plan to allow for an expansion of the existing parking lot to add 309 parking spaces Mr. Annunziato responded to questions of the Members and said the renters of the houses on the site were given the minimum number of days to vacate. As soon as the days expire, the houses will come down. Mr. Golden advised that this is the south side, and they are clearing next to the existing parking lot. When the restaurant is busy, many people park along Federal Highway, and Mr. Golden said the applicant wants to eliminate that problem and attract more customers by providing better parking. The Technical Review Board recommended approval, subject to staff comments. Mr. Annunziato said the parking lot goes right to the water. Mr. Golden read the staff comments from the Planning, Building, and Utilities Departments and the Urban Forester. He also read the memo from the City Engineer. Vice Chairman Trauger asked what happened to all of the trees. Mr. Annunziato answered that the application was subject to a land clearing permit where all of the trees which were inconsistent with the City's Tree Preservation Code have been removed. Those not inconsistent with the - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 Code are there. The trees there were primarily Australian Pine, Melaleuca, and Brazilian Pepper. Chairman Ryder noted that it was contiguous with an R-3 zoned area, and he wondered if the R-3 area was developed. Mr. Golden understood it was owned by Shooters, and they are making plans to develop it for condominiums. There was more discussion. Mr. deLong commented that the piece of land that was vacated is partially zoned commercial. William L. Osborn, Architect, 724 Garden Court, Plantation, Florida 33317, said the parking lot they now have is ade- quate by Code, but, in reality, there is not enough parking. The City Forester marked all of the trees he wanted to save, and those trees were saved. The rest of the trees were more or less "trash trees", and they were removed. Mr. Osborn had the Cor.ps. of Engineers and the Department of Environ- mental Regulations' approval as far as the setbacks from the lake. He thought, at the narrowest place, they were sitting back 50 feet from the mean high tide level° On the north edge, it is considerably more. Chairman Ryder asked if there would be any planned effort to have the new portion utilized first and leave the exist- ing or northerly one to be filled up if necessary. He was thinking of the problems they hear of from adjacent property owners to the north, and this would move the activity away. About 50% of the area will be valet parking, so Mr. Osborn said that area will be filled up. Mr. Osborn agreed with all of the staff comments. Mrs. Huckle asked if there would be any treatment along the waterfront. Mr. Osborn replied there will just be landscap- ing, which was approved by the Urban Forester and Corps. of Engineers. The Corps. of Engineers would not allow walkways or anything other than what is natural there. Mr. Osborn told Mrs. Huckle there is no access to the lot from Federal Highway. Mr. Annunziato interjected that those people that want to go southbound would go out on the commercial part of Las Palmas and exit through the traffic signal, which would be the safest way to go. Mr. deLong moved to approve the amended site plan, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 7-0. - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1985 COMMENTS BY MEMBERS None. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:30 P. M. Patricia Ramseyer Recording Secretary ( Two Tapes) - 24 -