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Minutes 11-12-85MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 12, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Walter "Marty" Trauger, Vice Chairman Marilyn G. Huckle John Pagliarulo Robert Wandelt Garry Winter ABSENT George deLong (Excused) Norman Gregory, Alternate (Excused) William Schultz, 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 the presence in the audience of Peter Cheney, City Manager; Mayor Nick Cassandra; Vice Mayor Robert Ferrell; Councilman Ezell Hester; Councilman James R. Warnke; Councilman Carl Zimmerman; Peter Mooij, Member of the Community Redevelopment Agency; Owen Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce; Kipp Friedman, Boynton Beach News Journal; and Rebecca Theim, Sun Sentinel. MINUTES OF OCTOBER 8, 1985 Mrs. Huckle moved that the minutes be approved as submitted, seconded by Mr. Winter. Motion carried 5-0 with Vice Chair- man Trauger abstaining from voting as he was not present at the meeting of October 8. ANNOUNCEMENTS None. COMMUNICATIONS None. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 OLD BUSINESS A. PUBLIC HEARINGS ANNEXATION Project Name: Agent: Owner: Location: Description: Greentree Plaza II Kieran J. Kilday Edward I. Singer (now owned by Sabra Enterprises) West Boynton Beach Boulevard at Knuth Road, northeast corner Request to annex a 1.56 acre tract of land LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Owner: Location: Description: Greentree Plaza II Kieran J. Kilday Edward I. Singer West Boynton Beach Boulevard at Knuth Road, northeast corner Request to show annexed land as Local Retail Commercial and to rezone from AR (Agricultural Residential) to C-3 (Community Commercial) for the pur- pose of constructing a 20,000 square foot retail/office building About a year ago, Mr. Annunziato said the Board reviewed this tract for annexation of a gasoline station, and the Council declined to annex at that time. Be read the first page of his memorandum dated September 30, 1985 and said the proposal is to construct a 20,000 square foot retail/office building which, if annexed, will have to come back through the site plan review but, for the edification of the Board, Mr. Annunziato said they did have a site plan. The building is somewhat "L" shaped with the longer part being east/west and the frontage on Boynton Beach Boulevard. Knuth Road is to the left. Parking is in the front and rear with the canal being culverted and parking placed over the canal. Mr. Annunziato read the surrounding land uses from the table on page 3 of his memo. When the Board reviewed the annexa- tion of the post office in November of 1984, the decision as to what was going to be commercial and not commercial in this area was made by the County Commission and reported to the Board. The County Commission determined that everything - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 east of Knuth Road between Old Boynton Road and Boynton Beach Boulevard would carry commercial potential. However, the County was not specific with respect to the intensity of the commercial zoning proposed, and Mr. Annunziato thought that was the thrust for discussion before the Board and the City Council. The Applicant was proposing that the tract be zoned C-3. As Knuth Road, which borders this property on the west, will form one of the access points for the Boynton Beach Mall, it should be regarded as an urban collector. When this application was proposed for annexation as a gasoline station, the city Council declined to annex it under a C-3 zoning category for a gasoline station. Mr. Annunziato reminded the Members that the desire of the Council that these tracts, where on Boynton Beach Boulevard, were to be annexed and zoned for office purposes was spread across the minutes. That was the basis for the Planning Department's recommendation. Chairman Ryder asked if they had a two story office building in mind. Mr. Annunziato replied that it is to be retail on the ground floor and office on the second floor. Chairman Ryder pointed out that it did not necessarily have to be C-3. As a part of the previous Singer annexation request, F~r. Annunziato said the Council determined that future uses along Boynton Beach Boulevard should be office land uses. That was the basis for the Planning Department's recommendation, and it was not consistent with what the Applicant had proposed. When Mr. Annunziato said it should be used for office build- ing purposes, Chairman Ryder noted that C-3 was specifically no~ mentioned. Mr. Annunziato agreed that the C-3 was not mentioned but the City's exclusive office zoning category is C-1. Mr. Annunziato referred to the three Comprehensive Plan Policies on page 5 of his memorandum and drew attention to the end of the fourth line under "RECOMMENDATION" on page 6, which he said should read "Exhibits F and G." Mr. Annunziato said the staff's recommendation was that this tract be annexed, subject to staff comments, which he read from page 6 of his memo. Chairman Ryder asked if the canal would have culverts. Mr. Annunziato advised that a request had been made to the District to have culverts, and the ditch behind this property will have culverts, as it has culverts to the east. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Before reading a letter dated November 4, 1985 from Charles R. Walker, Jr., P.E., Director, Traffic Division, Palm Beach County, Mr. Annunziato clarified that the memo referred to both this application, which is the Sabra application, and the Capitol annexation, which would be the next one they would talk about. He wanted to be very specific about which conditions applied to Sabra (a/k/a Singer). With reference to the last paragraph on page 1 of Mr. Walker's letter, "1)" did not apply to Sabra. "2)" and "3)" applied. "4)" and "5)" applied to Capitol. The unnumbered paragraph after "5)" on page 2 of the letter applied to both Sabra and Capitol. Because the properties are commercial developments and they will utilize Knuth Road, Mr. Annunziato said it was obviously staff's desire that Knuth Road be put into an urban corridor. Chairman Ryder asked if the Planning Department reiterated the conditions outlined in Mr. Walker's letter. Mr. Annunziato answered that the Planning Department supported the conditions, and they were listed in the exhibits. Mr. Annunziato stressed the importance of addressing Knuth Road, which is a one lane dirt road with a one lane bridge. It is not the kind of road one would expect to have urban development located on, and he saw no potential for public improvement of the road in the near future. Therefore, it appeared to the City staff, as a part of the development of these two sites, that Knuth Road, including the right-of- way, should be brought into an urban form. Chairman Ryder asked if that was in line with what will eventually happen to the east of this area. Mr. Annunziato answered affirmatively. Kieran J. Kilday, Kilday and Associates, Landscape Architects and Planners, 1551 Forum Place, Suite 100-A, West Palm Beach, Florida 33401, came forward to represent the Applicant, Sabra Enterprises, and said David Dardashti was also present. Mr. Kilday thought they only had two issues that required some in-depth discussion with the Board. ge wanted to re- acquaint the Board with the actual location of the property and how it related to other property already owned by the applicant. Mr. Kilday presented his plan and said this was the "hot area" of town. The new Boynton Mall was the large hatched MINUTES - PLANNING AND ZONING BOARD BOyNTON BEACH, FLORIDA NOVEMBER 12, 1985 Should be acreage. See 12/10/85 minutes. area located to the north. Their particular site was on the corner of Boynton Beach Boulevard and Knuth Road. Boynton Beach Boulevard was on the south side of the plan. Mr. Kilday informed the Members that the project is called Greetree Plaza II because the current owner of t~he property, Sabra Enterprises, developed Greentree Plaza I, which is the small strip commercial center located on the west side of Knuth Road. As part of that zoning approval, which is in Palm Beach County, Sabra Enterprises has paved Knuth Road up to the bridge. As part of their recent approval with Palm Beach~County, they agreed to pave to the north side of the canal, provide what turn lanes will be necessary in Boynton Beach Boulevard and, in doing that, they will be dismantling the one lane bridge and putting in culverts to get the necessary lanes required to come across the area. The only issue Mr. Kilday said they were here to discuss tonight as part of their annexation was the zoning, and they were requesting C-3 zoning from the Board because the zoning already existing to the west of them (CG in Palm Beach County) is comparable to C-3 in Boynton Beach. Chairman Ryder advised that Boynton Beach considers it as C-1. If that was in the City at the time, he said it could have come in as C-1. Mr. Kilday disagreed. Mr. Annunziato advised that it could have but, under the uses, it would have been inconsistent with the C-1 zoning. Chairman Ryder asked about C-2. Mr. Annunziato replied, "C-2 probably would have been more like it." Again, Mr. Kilday disagreed. Mr. Kilday thought maybe they needed to explain the zoning districts. He said the C-1 zone in the City of Boynton Beach is an office zoning and is comparable to CS zoning in Palm Beach County. The City's C-2 zoning is neighborhood commercial, which is comparable to CN zon~ing in Palm Beach County. The neighborhood commercial, in both Palm Beach County and Boynton Beach Boulevard, ends up being less intense but less desirable because it allows convenience stores and uses like Wendy's restaurant on Boynton Beach Boulevard. Chairman Ryder reminded Mr. Kilday that they had only contemplated a two story building, which could be built under C-2. Heightwise and usewise, Mr. Kilday said they contemplate retail on the first floor, which requires C-3, and office on the second floor, which requires C-1. If they were able to go as a PCD, it would be fine, but they do not have the*anchorage to do that, so they are caught in the middle between different districts that allow different uses. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Chairman Ryder asked if they were actually locked into these uses, and Mr. Kilday answered that they are locked into the uses because they have commitments to retailers. They looked at C-2 as being a compromise but C-2 is very limited as to what it will allow. In addition, they are currently zoned CD General Commercial within Palm Beach County, so they were looking for the comparable zoning district in the City of Boynton Beach. Mr. Kilday thought everyone knew who they were but said he would run through that. Mr. Annunziato told the Members he suggested C-2 because it carries mostly neighborhood com- mercial uses, but the point Mr. Kilday was making was that the C-G zoning characteristically is more like the City's C-3 than a C-2. Mr. Annunziato was referring to an existing building with existing uses. Mr. Kilday was referring to which was the difference. Mr. out that Mr. Kilday said the property was zoned ~in Palm iBeach County, but that is zoning if and only when facilities are made available. From "Day 1", Mr. Kilday said they have always said they would annex into Boynton Beach, and they followed through on that through all of the courses. He felt they had a problem in that they were suffering from the previous request, which was a gasoline station. Mr. Kilday thought many of the Board Members were there when the gasoline station came before the Board. Mr. Kilday passed around a photo of Greentree Plaza I and what is allowed. He showed what was built in Palm Beach County and said it was consistent with the bottom floor of what they were requesting tonight. Mr. Kilday's only resist- ance to C-2 zoning was because a florist shop is not allowed in C-2 zoning and must be in C-3 zoning. He commented that C-3 is the catch-all of all zones. Everything from a florist shop to a gasoline station is allowed. The reason Mr. Kilday said they went through the County was because the County provided them with the opportunity of guaranteeing certain thiags. The most important thing the County guaranteed was that they would not be a gasoline station. Chairman Ryder agreed that was the stipulation of the County. Basically, Mr. Kilday felt that the narrow strip of land between the canal and Boynton Beach Boulevard, which already has a Burger King, and this use is most appropriately C-3, with the understanding that there would not be a gasoline - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 station. They talked to City Attorney Vance and, as far as any annexation agreement with 21 conditions of Palm Beach County, Mr. Kilday said they had no objection to being adopted within Boynton Beach, including that stipulation. Mr. Kilday informed the Board Members that they met with COBRA (the West Boynton citizens' groups) and stipulated these conditions to them. COBRA's representatives were at the last meeting to support this petition with stipulations. Mr. Kilday thanked the Board for postponing this request because he was out of town at that time. They also met with Mrs. William Ho Selva, who is the single property owner to the north of them, and stipulated all of those conditions, as well as other things that they did on their previous approval, to make sure that she would be pro- tected. Chairman Ryder asked where those stipulations went and~asked what the Board had on that. He noted there was a letter from Mrs. Selva. Mr. Annunziato advised that the only thing the Board had were the conditions that were imposed by Palm Beach County plus the City's staff comments. The only one Mr. Kilday was not sure was in the County records was the stipulation to make sure the lighting is low and directed to the parking area. With regard to the appropriateness of the use, Mr. Kilday passed out the staff recommendation Mr. Annunziato wrote at the time the overall analysis was made of the property in December of 1984. On page 3, which was yellowed, he said the recommendation was that C'3 zoning be allowed in this area. Mr. Kilday pointed out that C-3 had opened the window to the gasoline station no one wants. They went through the County's 90 day procedure for approval of the County's con- ditions and agreed that all of the County's conditions would be a part of any annexation so the gasoline station would not be a permitted use on this site. Mr. Kilday assured the Members that the site plan before them was what the applicant was requesting. At the time the gasoline station was considered, several people said if Greentree Plaza was built, they would have no objections. Mr. Kilday said that was why Mr. David Dardashti made a contract on the property to allow for that. Mr. Kilday reiterated that they were asking that C-3 be the recommendation of the Board with the understanding that all 21 conditions of Palm Beach County be applied in the approval as part of any annexation agreement. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 With regard to the road right-of-way, Mr. Kilda¥ said they have agreed to do all construction up to the north side of the canal. That would include dismantling of the bridge and rebuilding the area. The one thing in Mr. Walker's letter which they did not feel they could stipulate to was providing a blank tract for future condemnation to the north of the road. Mr. Kilda¥ said their feeling on that is that Knuth Road is a short cut and a short cut which was there back in 1973 when Palm Beach County first approved the Boynton Mall. Everyone overlooked it. Now the mall is there, and everyone is saying Boynton Beach is attracting people, and they should open up Knuth Road. Mr. Kilday had no problem with the condition to pave Knuth Road and Said the ~petitioner will continue the paving. As far as acquisition of right-of-ways, he asked if the Board thought that was a County responsibility. The County is collecting impact fees, including impact fees from the Boynton Beach Mall, for road improvements. Mr. Kilday felt the County should do the acquisition of whatever right-of- way is necessary. The petitioner will donate the right-of- way adjacent to them, and they have already donated the right-iof-way west of them on the other side, which is on Palm Beach County lands. Mr. Kilday continued by asking the Board to recommend that the a] :ant move ahead with all of the construction stipu- latio] necessary but with the understanding that Palm Beach County do the acquisition. They are meeting with Palm Beach County to discuss the matter further. Mr. Kilday said they only received Palm Beach County's letter on Thursday, November 7, and to this date have not been able to go into a meeting to discuss it. With regard to removing the bridge, Chairman Ryder said there will be a culvert, or the culvert will be extended under the bed of the street, and they will have to put up a guard rail. Mr. Kilday agreed and said a guard rail will be on both sides. Mr. Kilday repeated that they were asking for C-3, subject to all 21 of the County's stipulations, and they will build the road, but the County should take care of any future acquisition to the north. Chairman Ryder asked if anyone wished to speak in support of the application. There was no response. He asked if anyone wished to speak in opposition to the request. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Mr. Jim Ellis, Proprietor of the American Speedy Printing Center in Greentree Plaza I, wanted to know what stores would be going into the new plaza. Chairman Ryder thought Mr. Kilday could tell him but added that they could be subject to change, providing they are permissive uses. Mr. Kilday informed him that at this time, a shoe store and two bouti- ques are interested. No specific restaurant uses are interested in the site at this time, although a restaurant would be allowed under the C-2 anyway. THE PUBLIC HEARING WAS CLOSED. Mr. Annunziato questioned whether the position taken by the Council was clear as to the uses surrounding the different zoning classifications. It was true that a year ago the Board's recommendation was that the gasoline station be approved. However, the Council declined to accept that recommendation and stated that the proper uses along the Boynton Beach corridor would be offices. This formed the basis for the staff's recommendation. Chairman Ryder's concern about C-3 rather than C-2 was that they knew from the past a two story building can suddenly become a four story buildig, which would definitely not be in keeping with Plaza I and Gallo's development across the road. From past experience, they also know that once zoning is changed, any permissive use is permitted. With respect to the purchase of the right-of-way, Mr. Annunziato asked if the intent of Mr. Walker's letter was clear. He informed the Members that the existing right-of- way, for the most part, is 30 feet, but, in some instances, it is 45 feet, depending on what side of the street you are on. However, this is going to function as an urban collec- tor, and there will be a requirement that the road be 60 feet. Mr. Annunziato did not know whether the County would be willing to purchase the right-of-way, but he did not think so, at least in the near future. It was his recommen- dation that they have no urban development on Knuth Road unless they have a legitimate road. Chairman Ryder asked if Knuth Road went with the annexation and whether it was in the corporate limits. Mr. Annunziato replied that it is partly within the corporate limits, adjacent to this piece of property, to the extent that it goes to the canal. Chairman Ryder meant going westward. On Knuth Road, Mr. Annunziato said the right-of-way would be 60 feet. All of that is proposed to be annexed (the 45 feet which currently exists beside the canal, plus the 15 feet - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 attached to the tract). Primarily, they were talking about the right-of-way north of the canal (from there to Old Boynton Road). Mr. Annunzia~o agreed with Chairman Ryder that it is a gap. Chairman Ryder said Capitol Development does not go all the way down to the canal because a private house is there. Mr. Annunziato said the property with a private home has a very large lot, not heavily developed. Chairman Ryder thought the Board should go to the 60 feet and, hopefully, it would be extended. He pointed out that it could be extended from funding for capital improvements. Mr. Annunziato said the issue here was that the applicant was objecting to putting up the money to buy the right-of- way. He did not believe the issue was the paving of the road:. Mr. Kilday interjected that they own the area they are required to pave, so they have no problem giving the riqht-of-way and doi~ng the paving. Their one problem with that letter is they are supposed to join in with another entity with regard t~o the area north of them, which they are not required to pave. Mr. Kilday suggested that this should be a three way cooper- ative effort to develop the road that has to be developed for the sake of the ~owner immediately to their north: the petitioner, the County, and that owner. People will use that short cut because they know it is there. They will pave that, but Mr. Kilday wanted to see the County at least use some of their impact fees for that small amount of access. Chairman Ryder asked what the intervening distance between the southern limit of the Capitol center and the private single family home is. Mr. Kilday answered, "790 feet." Mr. Annunziato advised that the issue was whether they wanted urban development to utilize a 30 foot farm road. In his opinion, he thought they would not. Mr. Kilday agreed because their center is that much better with the road going all the way through, but it was a question of how people should get it together. He reiterated that they have a meeting set up with the County to suggest the three way effort, but they did not know about this in time to do any- thing about it. Maybe the County will say, "Great", but they generally say, "If you will do it, we won't." With regard to the height limitation, Mr. Kilday told the Board Members the petitioner would be asking the Council to allow them to move ahead with building permits in Palm Beach MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 County. They are properly zoned in Palm Beach County and haVe stipulated to a two story building with no more square feet than shown on the plan because of the recent growth annexation legislation. Chairman Ryder asked if Mr Kilday meant they were going to start construction under the County. Mr. Kilday replied that they would like to start under their County permit with the understanding that upon annexation, they would immediately become "members" of Boynton Beach, and they will ask that of the City Council. By their doing that, the County will guarantee that a two story building will be built as shown. Chairman Ryder asked how the County would guarantee that. Mr. Kilday replied that they are a special exception as a planned ~ial development in the County. They will draw a from the County to proceed. Mr. Kilday said it would probably be th. 9 unusual case the Board would see. Mr. Annunziato added that there might be an opportunity to amend the plan without going to the 90 day State review period, if the application had a public hearing published prior to October 1. Our City Attorney is looking into that. That may allow the City to go forward with two or three they have in limbo. It would affect this applicant, but Mr. Annunziato did not believe it would affect Capitol. He thought talking about specific issues relating to permits issued in the County was premature at this point a~d said they might have an answer in the very near future.. Mr. Annunziato repeated that the recommendation was that it be annexed as C-1 and that they do it subject to staff comments. He informed the Recording Secretary he recommended C-1 and not C-2. Mrs. Huckle and Chairman Ryder questioned whether Mr. Annunziato meant C-l, and he assured them he meant C-1. Mr. Kilday's understanding was that the staff's recommendation, which he handed out to the Members, was C-3, and that the Council policy, based on the gasoline station, was C-1. Mr. Annunziato did not want the Board to confuse the memo written on December 3, 1984 with the recommendation which accompanied their packets. He clarified that the Board made a recommendation a year ago, and the Council declined to accept it. The Council policy now is that these parcels should be developed for offices, and that was the basis for the staff's recommendation. It was up to the Council to decide otherwise. Mr. Annunziato emphasized that the staff recommended C-l, subject to staff comments. Chairman Ryder was glad Mro Annunziato clarified it because he was not - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 aware of that in Mr. Annunziato's report. Mr. Kilday thanked all Members of the City Council for being present. Chairman Ryder read from paragraph 1, "Planning Department, Staff Comments, Exhibit G:" ". . .In keeping with stated City Council policy, this property should reflect an Office and Professional land use category and should be zoned C-i." He commented that usually, he looks for a recommendation in the summation but did not notice it, and the Board may have been kicking this around unnecessarily because of that. From the outset, he thought C-3 was the wrong way to go. Mr. Kilday repeated t:hat they met with the same citizens who came to the last meeting, and they are in support of the C-3 with the stipulations. He had read the minutes and looked at all of the information, and he stressed that C-3 really was not the issue. The issue was the service station, which is not their priopOsal. They should never have come in. Mr. Kilday said! the only reason they came in was because they were conltacted after that meeting and informed that people at thle meieting said if the applicant would con- tinue what had been dlone there, they could live with it. That was what they we:re asking for in this C-3. Motion on Annexation Mr. Winter moved that the request to annex be granted, subject to the County's conditions. Mrs Huckle seconded the motion, and the motion carried 6-0. Motion on Land Use Element Amendment and Rezoning Mr. Annunziato read the second paragraph from page 20 of the December 18, 1984 minutes, showing the prevailing policy was C-1. Mrs. Huckle asked if this was under public hearing separately. Chairman Ryder replied that both requests were considered at the same time. Mr. Annunziato and Mr. Kilday did not feel another public hearing was necessary. Mr. Wandelt pointed out that the request was for a C-3. Mr. Annunziato advised that the Members could recommend something less or recognize what was applied for. Mr. Kilday said it would be appreciated if the Members would make their recommendation, based upon the petitioner's request. Mr. Winter moved that the request to show annexed land as Local Retail Commercial and to rezone from AR (Agricultural - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Residential) to C-1 be approved, seconded by'Mr. Wandelt. Motion carried 6-0. Mr. Kilday protested, saying that was not their request. Their request was to go to C-3. Mr. Annunziato informed him that the Board recommended something other than C-3. Mr. Kilday wanted the motion clarified because that was not their request. Mrs. Huckle thought perhaps the Board should act on the request. Mr. Winter moved that the request to show annexed land as Local Retail Commercial and to rezone from AR (Agricultural Residential) to C-3 (Community Commercial) be DENIED. Mr. Wandelt seconded the motion, and the motion carried 6-0. B. SITE PLAN Project Name: Agent: Owner: Location: Description: Humana MedFirst 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 St. Request for site plan approval to construct a 3,125 square foot medical clinic on .58 acres Mr. Annunziato read his memo dated November 5, 1985, which stated the applicant wanted a further continuation of the request, pending completion of the traffic impact analysis. Mrs. Huckle moved to leave the Humana MedFirst application on the table, seconded by Vice Chairman Trauger. Motion carried 6-0. 6. NEW BUSINESS A. PUBLIC HEARINGS ANNEXATION Project Name: Agent: Owner: Location: Description-. Capitol Professional Center F. Martin Perry Knuth Road Associates Old Boynton Road at Knuth Road, southeast corner Request to annex a 3.495 acre tract of land - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTONBEACH, FLORIDA NOVEMBER 12, 1985 LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Owner-. Location-. Description: Capitol Professional Center F. Martin Perry, Esq. Knuth Road Associates Old Boynton Road at Knuth Road, southeast corner Request to show annexed land as Office Commercial and to rezone from AR (Agricultural Residential) to PCD (Planned Commercial District), for the purpose of constructing two 33,000 square foot professional/medical office buildings Mr. Annunziato passed out copies of three letters dated November 6, 1985 that were in opposition to the rezoning and which asked that the area remain residential. One letter was signed by Gale Lamb and Ernestine C. Lamb, 3545 Old Boynton Road. The other two letters were signed by Richard P. Williams and M. Gai Williams, 3562 Ruskin Avenue, owners of the property located at 3573 Old Boynton Road. Chairman Ryder informed the Members this project is immedi- ately to the north of the previous application they had. Mr. Annunziato said one of the positive outcomes of the post office/Singer annexation procedures the City went through was the recommendation from staff to prepare ordinance pro- posals for PCDs. With the help of Attorney Perry at public hearings, the Council approved a set of Ordinances for PCDs with a minimum acreage of three. Before the Board was their first PCD request as part of the annexation. Staff suspected the district regulation would be most heavily utilized in the area between Old Boynton Road and Boynton Beach Boulevard. It seemed to be a proper method for annexation because it allowed for the Board and CoUncil to be part of a site design. Mr. Annunziato read the first paragraph of his memo of October 9, 1985 and then read the "Current Land Use and Zoning" from page 2. He said the Future Land Use and Rezoning aspects on page 2 of his memo were the same as the Sabra (formerly known as Singer) annexation and told how the action by the County Commission would impact on the City's desires to annex. In addition, there was a similar paragraph concerning the Council's desire to have land uses in this area reflect an office and professional category and that the zoning be for offices. Mr. Annunziato said it - 14- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 appeared that the request submitted by Attorney Perry was reasonable, practical, and consistent with the Council's comments. Mr. Annunziato referred to the Comprehensive Plan Policies on page 3 of his memo and read the Recommendation from page 4 of the memo. Staff recommended that this be approved, subject to staff comments, and to the comments in the letter dated November 4, 1985 from Charles R. Walker, Jr., P.E., Director, Traffic Division, Department of Engineering, Palm Beach County. With reference to the first condition in Mr. Walker's letter, Mr. Annunziato thought that 40 feet had already been dedicated. ~5 was particular to this site. Mr. Annunziato read the last paragraph of Mr. Walker's letter. Mr. Annunziato referred to the site plan, which related to the last comment Mr. Walker made, and concerned the distance on Old Boynton Road between Mall Access Road "A" and Knuth Road. Mall Access Road "A" is the westerly connection and lies approximately 40 feet, more or less, east of the west property line of this tract. In terms of traffic operation, the issue is whether or not there should be two intersecting turn lanes on Old Boynton Road with just pavement markings. With eastbound left turn traffic in the mall conflicting with westbound left turn traffic into this 66,000 square feet of office, Mr. Annunziato thought the Board should think about whether it would make more sense to limit the turning movements to those that are eastbound into the mall by the construction of a divider from Knuth Road easterly to Mall Access Road "A" or whether the Board felt comfortable with having an intersecting paved turn lane like on Seacrest. Chairman Ryder thought it could be dangerous to suddenly have a Physical divider. Mr. Annunziato was assuming it would be from Knuth Road to Mall Access Road "A". Chairman Ryder pointed out that it would just be a small section of the newly widened Old Boynton Road. The other alternative which was suggested would be to take the turn lane, which is the fifth lane that currently exists and which is similar to Seacrest, and have it striped to allow westbound left turns and eastbound left turns which, at some point, would conflict. Chairman Ryder asked if the Board had the City Engineer's recommendation on this. Mr. Annunziato had a brief discussion with the City Engineer, but the basis for the comment came from DeBartolo by a letter from Dick A. Greco, Jr., Vice President, Florida - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Operations, The Edward J. DeBartolo Corporation, 725 East Kennedy Blvd., Suite 401, Tampa, Florida 33602, dated November 12, 1986, to Tom Clark, City Engineer, which Mr. Annunziato read into the record. If the physical divider was put in, Chairman Ryder pointed out that the westerly end of it would be close to where the road goes back to its original width, but it would serve as a guide if you were going westward. Mr. Annunziato advised that the location of the driveway was consistent with the City's Codes in terms of distances of intersections, etc. The question was one of operations and whether a serious traffic problem would be created on Woolbright Road with traffic trying to make intersection left tUrns. Chairman Ryder thought it would be helpful because you would be coming from the narrow road to the wider road eastbound, and they would have the divider, so they would know they had to stay on the other side. Because it is so close to where it goes back to its ioriginal way, he felt it would be a good idea. Mr. Annunziato thought it would shorten and limit access to the site. Chairman Ryder asked if there could be an opening. Mr. Ann:unziato did not know if there was enough room and added that the frontage is only about 330 feet. He was not sure the County would provide for an opening in the median. Chairman Ryder announced that they were discussing both the annexation and the rezoning. F. Martin Perry, Attorney at Law, 501 South Flagler Drive, Suite 302, West Palm Beach, Florida 33401, appeared to represent the applicant. He thought the Board Members were familiar with the area, which was also depicted on the area Mr. Kilday talked to them about earlier. Attorney Perry was aware of the staff comments and had no problem with them. Mr. Annunziato stated that the staff recommended approval. The applicant was proposing two four story buildings, including 33,000 square feet of office space. Due to the development of the mall, there will be a need that this meets, and Attorney Perry thought the staff recognized that. Attorney Perry had no objections to the conditions. He was unaware of Mr. Kilday's position and had scheduled a meeting with Mr. Walker. Attorney Perry informed the Members that the property to the east of this site is in great part owned by Winchester, who has been working with DeBartolo. He has - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 been having discussions and stated he had no problem with the conditions, subject to whatever conditions the County Engineer may choose to make. On the issue of the proposed dual turn lane recommended by Mr. Walker, County Engineer, in his letter to Mr. Annunziato, as a condition .for the development, Attorney Perry read the fifth condition. He had some objections to that, not in terms of what Mr. Walker recommended, as he had no problem with that, but Mr. Annunziato introduced another element, whiCh was to put in a mounted curb. Attorney Perry could understand Mr. Greco's comments because he felt Mr. Greco was trying to provide a means of an entrance to the mall, which would benefit DeBartolo more than the applicant. Some years ago, Attorney Perry said there was an effort to get DeBartolo to do the road, and they said they were not going to do that. Although the buildings will derive some traffic from Knuth Road, he suggested that Knuth Road will be utilized as a short cut by people leaving the mall, desiring to go west. Attorney Perry stressed, "The fact of the matter is the majority of the traffic will be Boynton Mall traffic, and if Mr. Greco wants something better, let him construct it himself." Mr. Annunziato advised that Mr. Greco wanted his engineer to be given the opportunity to study it further. He did not think there was any question that a raised median would pro- vide safer access on Old Boynton Road. Mr. Greco had suggested they be given an opportunity to have their engineer look at it and provide additional comments. Attorney Perry argued that this was DeBartolo's primary entrance. If they put in a raised divider, it will cut off traffic. He suggested they follow Mr. Walker's recommenda- tions so they would have the opportunity to see what will happen to the east of them. They have all seen two way center lines, and a concrete divider is obviously safe, but that is a 12 foot empty lane. In this area and at the end of Boynton Beach Boulevard, there will be more traffic for some time to come. If there really was a safety concern, Attorney Perry thought Mr. Walker would have said they should do this. Vice Chairman Trauger asked where Access Road "A" comes in. Mr. Annunziato replied it is just to the east of the east property line. He advised that you cannot put a left turn in 100 feet. Generally, you have to have an adequate left turn lane and need 180 feet. Attorney Perry said he would - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 be more than happy to give Mr. Walker the opportunity to comment more specifically as to why he recommended the two way turning movement, and he showed the Members Mr. Walker's proposal and where there will be five lanes and restriping with arrows turning either way. Mr. Annunziato said they had a week when Attorney Perry would attempt to meet with Mr. Walker. In the meantime, the City will contact Mr. Greco and will discuss it with him. Mr. Annunziato recommended that the Board adopt the conditions outlined by Mr. Walker. Chairman Ryder could not see why they should disregard Mr. Greco in this matter. Mr. Annunziato repeated his recommendation and reiterated that Attorney Perry would be meeting with Mr. Walker. Vice Chairman Trauger thought they should include Mr. Walker's letter in the comments. Attorney Perry thought the project fell in line and that the City staff did a good job. It came before the County Commission in 1984, and the whole issue was discussed. The County Commission assigned it commercial with the idea of it being offices. The overall parcel of land included the Winchester parceil to the south and at that time, Attorney Perry was representing Mr. Winchester. Palm Beach County was concerned: that the parcel had commercial potentials, and he pointed out that the issues as to the intensity of the commercial rested with the City. Chairman Ryder asked if anyone wished to speak in favor of the request. Frank Mish, 1203 Knuth Road, was in support of everything except one situation. He asked if there would be a County road or City road. He commented that they want a right-of- way, yet he heard Capitol will pay for that but a section will not be there. Mr. Annunziato thought Knuth Road would exist as a County street where it is unincorporated and it will be a City street where the property is incorporated. He suspected it would become a City road. Capitol will give a right-of-way on the north. Mr. Mish questioned how the County and City can own part of the street. Mr. Annunziato answered that the City coordi- nates very closely with the County on these issues. He recomm~ended a 60 foot right-of-way be purchased with the funds provided for by the applicant and said the pavement was not as material as where it will be in the future. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Mr. Mish asked if there would definitely be ingress and egress to the development going in behind the area. He thought there should be sufficient measures so that the road will be there. Chairman Ryder informed him that he would be getting a paved road there, which he does not now have there. Mr. Annunziato advised that all of the road would be paved at one time and recommended that the road be paved from Old Boynton Road. Chairman Ryder asked if anyone wished to speak in opposition to the request, and there was no response. THE PUBLIC HEAR- ING WAS CLOSED. Chairman Ryder read the letters dated November 6, 1985 from Mr. and Mrs. Gale Lamb and Richard Patrick Williams and Mille Gai Williams. Mr. Winter asked how they could approve four story buildings when in the previous application before the Board, they were concerned about going above two stories. Mr. Annunziato explained that the previous application was on Boynton Beach Boulevard and four stories would be inconsistent with Green- tree and the Gallo building. Motion on Annexation Mr. Annunziato recommended approval of the request. Vice Chairman Trauger moved to approve the request for annexation, seconded by Mr. Winter. Motion carried 6-0. Discussion re Rezoning Attorney Perry said one thing the height does is allow for more open area around it because you take up less floor area when you go up. He showed on the site plan where the fire lane requirements were and said trees will be inside the parking area. Attorney Perry said the height of structures at the mall exceed four stories. Chairman Ryder commented that they were not impacting on any developments in the vicinity. Mr. Winter disagreed, saying residential is right across the street, and a single family subdivision is to the northwest. Chairman Ryder said there are instances in the center core of the old city where they have that. There is a point where you come to four story buildings, and they will not be impacting on the surrounding - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 buildings. Vice Chairman Trauger pointed out that they will have four stories. Chairman Ryder said, "Hopefully, it will have a transition to something else." Attorney Perry informed the Members that the gentleman who lives on the other side of Knuth Road and who was at the meeting was not opposed. Mr. Annunziato thought Old Boynton Road would show how proposed buildings will be addressed. It provides for multiple family development, and four stories may be out of place in this area. Families are to the southwest. Everything on the site will be developed commercial. If this becomes four stories, it will be unlikely that they will require people to go less than that. Mr. Winter said they were talking about medical offices, which are C-1. Chairman Ryder pointed out that setbacks help a great deal. Motion on Land Use Element Amendment and Rezoning Vice Chairman Trauger moved to accept the request to show annexed land as Office Commercial and to rezone from AR (Agricultural Residential) to PCD (Planned Commercial District) for the purpose of constructing two 33,000 square foot professional/medical office buildings, subject to staff comments from the Planning, Police, and Utilities' Departments, and subject to the letter from Charles R. Walker, Jr., P. E., Director, Traffic Division, Palm Beach County (copy of which is attached to the original copy of these minutes). Mr. Wandelt seconded the motion. At the request of Chairman Ryder, the Recording Secretary took a roll call vote of the motion, as follows: Mr. Wandelt - Yes Mr. Pagliarulo - No Chairman Ryder - Yes Vice Chairman Trauger - Yes Mrs. Huckle - No Mr. Winter - No Motion carried 3-3. Mr. Annunziato explained that the application failed to get the Board's approval, which meant there was no recommendation from the Board to the Council. - 20- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Description: Florida National Bank Trela J. White, Attorney at Law Florida National Bank East side of Congress Avenue, south of West Boynton Beach Boulevard Request for relief from Section 5-141 (g) (6) of Parking Lot Code Mr. Annunziato said this resulted from the construction of Forum Shoppes. The applicant for Forum Shoppes was to supply a major driveway. Palm Beach County employed consulting engineers and came forward with plans. It was determined that the median cut would be between Florida National Bank and Bavarian Haus. What that triggered was that the 100 foot setback from the major driveway did not meet the City's Code. The net result was that the driveways on the various plans that had been proposed became incon- sistent. Mr. Cannon showed on the overlay the way the Forum Shoppes was approved and pointed to where there had been a driveway, but the driveway was removed. Mr. Annunziato said Forum Shoppes now has a plan that has three lanes out and three lanes in and an application to construct. This involves the uses of three developers, the County, and the City of BOynton Beach. As one of the bank's major entrances will not have a 100 foot setback, it will only serve for the turn of traffic movements. Mrs. Huckle asked if the variance request was to reduce the amount of distance from the street. Mr. Annunziato advised that it was to permit them to intersect a driveway into a major driveway 70 feet instead of 100 feet from the inter- section of right-of-way lines. They cannot have 100 feet because that is where the building is. Mr. Annunziato read the three conditions outlined on page 2 of his memo of November 6th. With respect to the first comment, Mr. Annunziato said it would serve Florida National Bank only. As to 92, he said it was important this be made as smooth as possible so you have a continual flow of traffic. Mrs. Huckle asked for clarification of the 2nd comment. Mr. Annunziato explained that the radius as you enter from the east, from that point, into the parking lot curb becomes sharper or smoother, and it was suggested that a radius be provided. Mrs. Huckle suggested that the applicant provide something for the City Engineer's approval and thought the size of the radius should be subject to that approval. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Trela J. White, Attorney at Law, Gibson & Adams, 303 First Street, Suite 400, West Palm Beach, Florida 33402, said Mr. Annunziato set forth the problem. The entire shopping center was approved by the Board before. One of their entrances will be eliminated. In order for a drive through to be provided, they had to come before the Board and ask for a variance. Attorney White told the Members both driveways were approved and permitted by the City of Boynton Beach, and Florida National Bank (FNB) would have had two entrance ways. Now, through the widening of Congress Avenue and the median cut, Florida National Bank found itself in this hardship position. Phillip M. Sasinek, Vice President and Branch Manager, Florida National Bank, 200 North Congress Avenue, and Bob Waterston, FNB, Jacksonville, were present in the audience. Attorney White stressed how critical this was and stated that her client was willing to pave the traffic lane and meet with that condition. She said the granting of the variance would be consistent with the Parking and Driveway Ordinance and requested favorable consideration. Chairman Ryder asked if anyone wished to speak in support or in opposition to the application, and there was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Pagliarulo moved that the application be approved, subject to staff comment. Mrs. Huckle seconded the motion, and the motion carried 6-0. At 9:28 P. M., THE BOARD RECESSED. 9:37 P. M. The meeting resumed at B. SUBDIVISIONS MASTER PLAN 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 master plan approval for a replat of a previously platted R-1AA subdivision (Fisherman's Land- ing) to allow for a reduction in single family lots from 11 to 8 and to modify access, utility, and drainage easements - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 At a previous meeting, Mr. Cannon said the Technical Review Board recommended approval of this request. There were no staff comments. The subdivision is located immediately north of Shooters restaurant. It was previously platted, so utilities are on site to service the proposed lots. Councilman Warnke informed the Members there is a driveway serving all of the lots. Mr. Annunziato said there are fewer lots in this configuration than there were on the existing plat. Mr. Winter moved to approve the master plan, seconded by Mrs. Huckle. Motion carried 6-0. MASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Lakes of Tara PUD D. M. Ambrose, P.E. Barry Barson North of Woolbright Road, west of Congress Avenue Request for approval of an amended master plan for a modification in the approved rear yard setback area to allow the addition of screened enclosures Mr. Golden told the Members that the Technical Review Board met on October 8th and recommended to the Council that they find no substantial change and that the Planning and Zoning Board approve the request as submitted. There were no staff comments. The modifications include all units in Phases I and SI. Mrs. Huckle was informed these were homes. Mr. Annunziato explained that this was before the Board because of the additions to the rear of all of the structures. Now they had a request to add screened porches. D. M. Ambrose, P.E., D. M. Ambrose Associates, Inc., 6190 North Federal Highway, Boca Raton, Florida 33431, had no comments. Chairman Ryder asked if the request was to cover the entire development from Congress West. Mr. Annunziato replied that - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVemBER 12, 1985 it may very well. This is a Planned Unit Development with a zero lot line. The front setbacks are 25 feet, and the rear setbacks are 10 feet. They have side setbacks of 15 feet to the no zero lot line homes. The rear yards are affected by the green space to give the feeling of expansiveness and open green space. It is commonly done in this manner. Mr. Ambrose said it has been the request of all people living there to have a porch to sit on, and this would enhance the Owner's ability to sell. The request is to give the developer the ability to put the screened :enclosures in. In some cases, they will be on the side, but they will be predominantly on the rear. Barry Barson, Owner, confirmed that they will be in the rear and 10'x15'. Mr. Winter remarked that they will be on the lot line itself. Mr. Ambrose advised that they would be contiguous to the rear property line and beyond the porches would be landscaping and common property. By having the porch, Mr. Winter noted they woUld be eliminating their rear yard. Mr. Ambrose emphasized that they would be eliminating a portion of their rear yard. The entire rear yard runs at least 42 feet wide, and they would be taking 15' or 18'. The lots are approximately 80'x45', and the house is 80'x47' (The house is 32' with a 15 foot side setback). If they have 10'x15', the patio will not extend the width of the house. Mr. Ambrose informed Mr. Pagliarulo that there will be a screened roof with an aluminum cover. Mr. Annunziato showed the documents that were submitted for review and clarified that the proposal is to construct 10 foot screened rooms where there appear to be rear porches. Roofs go over a screened porch to the rear of the buildings and, in all instances, the rears of the buildings run into a common open space, so it is not like lot lines back to back. There is intervening common property. Mr. Annunziato recommended that the side yard of 15 feet not be encroached upon with any kind of room. Mr. Ambrose advised that there was no intention of encroaching on the side. Mrs. Huckle thought he said sometimes the screened rooms would be on the sides. Mr. Ambrose agreed that he said that and asked Mr. Barson if all of them would'be in the rear. In some instances where they have a cul-de-sac lot, Mr. Annunziato said they might have more than 15 feet on the side. In this instance, he suggested that they still keep the 15 feet. Mr. Ambrose clarified that the rectangle the Members saw as a dwelling was not necessarily the footprint of a house. It - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 is simply an outline of the maximum property. Therefore, there might be an opening where there could be a porch. Mrs. Huckle asked if this was exactly how it would be built in this particular instance. Mr. Ambrose thought it would be proper to say they cross hatched.the rear of the home, 32 feet wide, 10 feet deep, to make a statement that Within that envelope there will be a porch. It would not necessarily be 10'x32' but would be 10'x a lesser number. Mr. Wandelt moved that they approve the master plan modifi- cation providing it would not encroach on the 15 foot separa- tion between each lot line. Mr. Pagliarulo seconded the motion, and the motion carried 5-1 with Mr. Winter voting against the motion. PRELIMINARY PLAT Project Name: Agent: Owner: Location: Description: Catalina Centre Ira A. Martin, P.E. Walboyn, Inc. West side of Congress Avenue, north of Boynton Canal Request for approval of construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve a 148 room hotel plus lounge and meeting rooms in connec- tion with a replat of the previously platted Phase I of Congress Lakes Mr. Golden said the applicant was requesting approval of the preliminary plat and development plans for a 148 room hotel across from Motorola. The Technical Review Board recommended approval of the request, subject to staff comments. The request for preliminary plat approval included Phase I of Catalina Centre, which is a 9+ acre tract, including the proposed Holiday Inn hotel which is located on an 8.123 acre tract and a .923 acre out parcel. Mr. Golden told the Members the out parcel is located at the intersection of Congress Avenue and Congress Lakes Boulevard. The Boynton Canal is to the south; Congress Avenue is to the east; Congress Lakes Boulevard is to the north, and a combination of the Congress Lakes PUD and the Catalina Centre is to the west. Access to Phase I will be provided by Congress Lakes Boule- vard to the north and a 26.5 foot access easement to the - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 south. Mr. Golden said the access easement is parallel to the north bank of the Boynton Canal. The property has previously been platted, so there are adequate utilities available. Mr. Golden read the staff comments from the Fire and the Utilities Departments. Mr. Golden informed Mrs. Huckle that the hotel basically conforms to the "V" shaped easement shown on the overlay and will be located slightly to the west of the easement. Mr. Annunziato added that the existing two buildings will be cradled in the two arms of the proposed hotel. Ira A. Martin, Project Engineer, R. W. Sheremeta Associates Consulting Engineers, 101 S. E. 6th Avenue, Suite F, Delray Beach, representing Walbo~yn, Inc., said the client was aware of the comments and had no objections to them. They have arranged for additional discussions with Mr. Perry Cessna, Director of Utilities, and With Mr. William Cavanaugh, Fire Department, regarding their concerns. Chairman Ryder asked what the situation was regarding the out parcel. Mr. Martin replied that they intend leasing it to an amenity such as a restaurant or a bank, but no one in particular has been obtained for the parcel at this time. Mr. Wandelt asked how this would affect the two buildings existing there. Mr. Annunziato answered that the two build- ings are located on a large tract of land that lies to the west of the "V". The utilities will be reconfigured to serve them, and a lift station is being relocated. They will be served with a little different configuration and at great expense. Mr. Annunziato informed Mr. Wandelt that the two buildings will be suites for the hotel. Chairman Ryder had the same problem with this as before. What was done here was they rezoned from residential to commercial. Across the street, it is presently zoned resi- dential, and he felt there was no question that pressure would be there to go commercial. Chairman Ryder thought it was wrong and felt the Board has gotten to a point where they should discourage rezoning residential to commercial. He stated that he could not buy this. Mrj Pagliarulo moved to approve the preliminary plat, ~Ubject to staff comments. Mrs. Huckle seconded the motion. Motion carried 5-1 with Chairman Ryder voting against the motion. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 C. SITE PLANS Project Name: Agent: Owner: Location: Description: Catalina Centre Kimberly Dellastatious, P.A. Walboyn, Inc. West side of Congress Avenue, north of Boynton Canal Request for site plan approval to construct a 148 room (112,229 square foot) hotel plus lounge and meeting rooms on 9.64 acres Mr. Golden said this was being submitted in conjunction with the preliminary plat. The Technical Review Board recommended approval of the site plan, subject to staff comments. The proposed hotel will be across from Motorola and will have 148 rooms in the main structure and 18 units in the two apartment buildings, plus banquet rooms, a restaurant, lounge, meeting rooms, and a swimming pool. The hotel will vary in height from 23 feet to 45 feet and have a light beige stucco finish, clay tile balconies, blue lines, and standard clay barrel tile roofing. Landscaping will meet or exceed Code requirements. Mr. Golden read the staff comments from the Building, Fire, Utilities, Public Works, and Planning Departments. Mrs. Huckle questioned the third comment in the memo dated NOvember 5, 1985 from Bob Donovan, Chief Plans Review Inspector, Building Department. As it is a normal require- ment, she wondered why it was so specified and asked if something was grossly wrong here. Mr. Annunziato assured Mrs. Huckle that there were no specific problems with the application as far as the Building Code was concerned. Mr. Golden thought Mr. Donavan meant it just as a reminder. Vice Chairman Trauger referred to the Riteco property and asked if three hotels will be along Congress from there to Hypoluxo Road. Mr. Annunziato recalled that the hotels which may exist potentially in the Park of Commerce total 400 rooms, and they are more oriented on 22nd Avenue towards 1-95. They know with some degree of certainty this hotel will be built. Chairman Ryder commented that something could happen to the out parcels in front of the mall. Mr. Winter asked if this hotel would be a Holiday Inn. Kimberly Dellastatious, Architect, Currie, Stubbins, Schneider AIA, 355 N. E. 5th Avenue, Suite ~6, Delray Beach, advised that they do not know. Mrs. Huckle thought it was in the Planning Department's presentation that it would be - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 a Holiday Inn. Mr. Annunziato said they knew only that the most recent history of Walboyn in this area has been that they have built Holiday Inns, and he believed they might have even mentioned that in connection with the zoning application. Ms. Dellastatious showed the plans to the Members. Mrs. Huckle moved to approve the site plan, seconded by Mr. Winter. Motion carried 5-1 with Chairman Ryder voting against the motion. e Project Name: Agent: Owner: Location: Description: Door World Plaza Richard K. Brooks, Jr., P.A. Boynton Beach Distribution Center Associates High Ridge Road at Industrial Way, southeast corner Request for site plan approval to construct a 58,221 square foot manu- facturing/warehouse building on 3.23 acres Mr. Golden told the Members the building will be used for light manufacturing and warehousing purposes. The Technical Review Board (TRB) recommended approval of the project, sub- ject to staff comments. Mr. Golden said the location is approximately 1,000 feet north of N. W. 22nd Avenue. The proposed structure will be approximately 26.5 feet in height. The north side of the building will contain four loading bays plus two sunken loading docks at each corner of the building. Mr. Golden said access to the site will be provided by a two way driveway located on High Ridge Road and Industrial Way. There will be two curb cuts on Industrial Way. The proposed structure is located in a planned industrial sub- division, so utilities are available to service the site. Mr. Golden read the staff comments from the Planning, Build- ing, Fire, Engineering, Utilities, and Police Departments and the memo from the City Forester. With regard to the comment from Perry Cessna, Director of Utilities, Mr. Golden said Mr. Cessna submitted his memo of November 4, 1985 prior to the TRB meeting, and the fire protection was addressed by the Fire Department in the memo from William D. Cavanaugh dated November 5, 1985. No one was present to represent the applicant. Vice Chairman Trauger moved to approve the site plan, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 6-0. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 e Project Name: Agent: Owner: Location: Description: High Ridge Commerce Park Building ~1 Mark Lotterman Mark Lotterman North side of Commerce Road, east of High Ridge Road Request for site plan approval to construct a 37,896 square foot ware- house building on 2.02 acres Mr. Golden informed the Members that the TRB recommended approval, subject to staff comments. High Ridge Commerce Park is located west of 1-95, north of Miner Road, and south of Cedar Ridge Estates on the east side of High Ridge ROad. The proposed site is located on the north side of Commerce Road, approximately 600 feet east of High Ridge Road. The north property line for this proposed building abuts Cedar Ridge Estates. Mr. Golden said the proposed building is a one story building with a sand finished stucco exterior highlighted by black ceramic wall tile and blue striping. The floor and bay areas were designed to meet the City's Code requirements for loading bays. Access to the proposed site will include two curb cuts with two way traffic on Commerce Road (one on each side of the building). Adequate utilities are available to service the site. Mr. Golden read the staff comments from the Public Works, Planning, Building, Fire, Engineering, and Utilities Depart- ments and the memo from the City Forester. Mr. Cliff Wolf, appearing on behalf of Mark Lotterman, 7909 N. W. 54th Street, Miami, Florida 33166, said most of the staff comments had already been corrected and were ready for submittal. Mr. Pagliarulo moved that the site plan be approved, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 6-0. Project Name: Agent: Owner: Location: Description: Sunny Oaks Apartments John A. Pagliarulo John A. Pagliarulo S. E. 3rd Street at S. E. 21st Avenue, northwest corner Request for site plan approval to construct 8 multi-family rental apartments on 0.80 acres Mr. Pagliarulo left the dais. Mr. Golden said the TRB recommended approval of the site plan, subject to staff - 29 - MINUTES . PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 comments. complex. Adequate utilites are available to serve the Mr. Golden read the staff comments from the Building, Engineering, Utilities, Public Works, and Planning Depart- ments, and the City Forester. With reference to the City Engineer,s memo of November 5, the first paragraph was corrected to show S. E. 3rd Street instead of S. E 3rd Avenue. . Chairman Ryder reminded the Members that this came before the Board once before and the question arose as to paving S. E. 3rd Street. At that time, it was felt that the adjacent property owners on both sides should provide that. Now Chairman Ryder understood that the City contemplated doing that. Mr. Annunziato advised that the City has contracted for it. Chairman Ryder asked about the east/west extension on 20th Court. Mr. Annunziato replied that it is also in the City's contract. He thought Tom Clark, City Engineer, mentioned in his comments that there needed to be some coordination between what Mr. Pagliarulo intends to do and what he may do. Mr. John A. Pagliarulo, 1550 North Federal Highway, Boynton Beach, said they intend to work very closely with the City. Mrs. Huckle referred to the City Engineer,s first comment and askedwhere S. E. 3rd Street would correctly be. Mr. Annunziato explained that S. E. 3rd Street is 50 feet east of where it was shown on the plans. Mr. Pagliarulo questioned the first comment in the memo from Bob Donovan, Chief Inspector, Plans Review, Building Depart- ment dated November 5, 1985. He told the Members it is not a wall but was to be a fence for privacy. Other than that, Mr. Pagliarulo had no problems with the staff comments. Mrs. Huckle noticed there was still a "For Sale,, sign there. Mr.tomorrow.Pagliarul° said the sign would probably come down Mr. Winter moved to approve the site plan, subject to staff comments. Vice Chairman Trauger seconded the motion, and the motion carried 5-0, as Mr. Pagliarulo abstained from voting and was not on the dais. "Form 4, Memorandum of Voting Conflict,, is attached to the original copy of these minutes. - 30- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Project Name: Agent: Owner: Locati on: Description: Twistee Treat William Moers Robert and Carol Beane Lou and Mary Samyn Ronald and Patricia Linkous West Boynton Beach Boulevard at N. W. 7th Street, southeast corner Request for site plan approval to construct a 310 square foot ice cream stand/restaurant on 0.316 acres Mr. Golden said the TRB recommended approval of this request, subject to staff comments. The proposed site is across from Wendy's and Gateway Center. The proposed ice cream store is structured and designed to conform to the shape of a large ice cream cone with a tapered, cross hatch exterior and a large swirl on top of the building. The height of the structure from the base of the cone to the top of the swirl is approximately 18 feet. Mr. Golden said the proposed access to the property includes an ingress and egress drive onto N. W. 7th Street. He showed a rendering of the building and said utilities are available. Mr. Golden read the staff comments from the Building, Fire, and Utilities Departments and the City Forester. The Planning Department recommended denial of the proposed plan, based on various Code and location considerations. Mr. Golden read the Code Sections relevant to this request: Section 19-21(a), Factors Considered by Committee in Review, Sections 19-26 (b and d), Recommendations of the Planning and Zoning Board to the City Council, Section 21-3, Definitions, and Section 21-15(D) (4), Signs Permitted and Regulated. Given the findings in Mr. Annunziato, s memorandum of November 5, 1985, the Planning Department recommended that the site plan approval request be denied in its present form, and Mr. Golden read the reasons for the recommendation enumerated on pages 3 and 4 of the memorandum. Vice Chairman Trauger questioned where the parking spaces were on the site plan. Mr. Cannon pointed to the angle parking on 7th Street. Vice Chairman Trauger asked if this is a restaurant where you eat inside or eat on the run. Mr. Annunziato answered, "On the run." He recalled that they have three windows on the north side of the building where the customers will come up and purchase the ice cream products. Mr. William Moers, 2445 West Pine Island Road, Cape Coral, Florida 33909, presented photographs to the Members of - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 stores they have in operation at the present time. He informed Vice Chairman Trauger that they have two service windows for take-outs and one window in the center that is just for decoration. There are only 310 square feet, and there is no room fOr service inside. No customers are inside, and they are not considered as a restaurant. There are two tables where people can sit down outside, but most people prefer to get something to eat and take off. Mrs. Huckle believed they were to provide four parking spaces, and they were providing 14 parking spaces. Mr. Moers explained tlhat the extra spaces are to accommodate the customers, as there is a waiting line where~they cannot serve the ice cream as soon as the customers come in. They try not to have less than ten parking stalls. Mrs. Huckle asked if the outdoor tables were addressed in the Planning Department's comments. Mr. Annunziato did not believe they were shown on the site plan. Mr. Moers clari- fied that it was something which was optional. They put them in if they are allowed. If they are not allowed, they do not put them in. Because they were not shown on the site plan, Mr. Annunziato said they are not permitted, and the Board has to address the issue of outdoor service. Under some circumstances, he told Mrs. Huckle they might be able to have some sort of sidewalk~sitting but he would have to take a closer analysis of it and it would require a site plan amendment. Mr. Moers informed Mr. Winter that two restrooms are required and available. It meets the Handicap Code as far as the State Building Code, and they meet the Standard Building Code as far as fire protection and setbacks. Unfortunately, the fire hydrant is five feet further than what the Code calls for, so they have to put one in. Mr. Moers believed there was an existing sewer on 7th Street, and they were going to tie into it. He noticed there was an objection to it and said he would check with the Utilities Department. As far as landscaping was concerned, some objections were mentioned on that. Mr. Moers said the land- scaping is shown on the site drawing. He said what is growing there are weeds, and there is not a tree on the site. Mr. Moers thought somebody evidently looked at the wrong location or looked at something other than trees. He was out there before the meeting, and nothing is there, so he did not know where the person got his comment. Mr. Annunziato said the information probably had not been pro- vided. For the lack of nothing, Mr. Moers said the surveyor probably put, "No trees available." - 32- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Mr. Winter asked where any of these ice cream stands are located. Mr. Moers replied that they are spread out. One is in St. Petersburg, Eustis, Fort Myers, Avon Park, and Sebring. There are none in Palm Beach County as yet. Chairman Ryder again read the reasons the Planning Department recommended denial from pages 3 and 4 of Mr. Annunziato's memo of November 5, 1985. He said that, hopefully, Boynton Beach Boulevard has a new image, and it is very important to create something that is not a Federal Highway. It seemed to Chairman Ryder that this was in a critical loca- tion. It is at the foot of the ramp going over 1-95. It is an area where there is constant ~witching of lanes, whether you are going east or west, to get onto 1-95. Chairman Ryder thought having something like that there would be a very distracting influence. Mr. Moers asked if it would be more distracting than having a gasoline station there. Chairman Ryder replied that a gasoline station is not something unusual like this is. The structure itself represents an ice cream cone, and you do not see those things very often. Mr. Moers could not see where Chairman Ryder was coming from as he did not think it posed any problems. He felt it was just a matter of opinion. By the same token, it cannot be considered a sign because it is a building. The State Statute will not let the Building Department issue a permit to a sign contractor to install it and vice versa. Mr. Annunziato read the definition of a sign from page 3 of his memo and said different local governments may have dif- ferent definitions of signs. Because this looks like an ice cream cone, and because they do sell ice cream, it was the Planning Department's opinion that it was a sign. It violates the Sign Code in at least two areas: (1) If it was construed as a wall sign, it exceeds the maximum square feet. (2) Because it represents an ice cream cone in all four directions, it violates the part which provides for signs only on main streets. In this instance, on the east, Mr. Annunziato said there is an interior property line, and they have a sign on the interior property line, which is also a violation of the Sign Code. Mr. Annunziato recommended that the proposal be denied in its current form. If it came back as an applicantion with a request for site plan approval of a standard structure which was harmonious to the concept and designs of what will be developed and seen on Boynton Beach Boulevard, there - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 would be a comment to recommend approval. The issue is the Configuration of the structure and not the use. In all five of his comments, Mr. Moers pointed out that Mr. Annunziato referred to it as a building, and he read, "pro- posed building, proposed building, proposed building" then commented, "Yet you want to say it is a sign. I don't know why you call it a building if you want to call it a sign!" In the Planning Department's opinion, Mr. Annunziato said the entire building is a sign. Mr. Moers retorted that Mr. Annunziato would h~ve to ad~it that was an opinion. Mr. Moers argued that he read Mr. Annunziato's interpretation and many other cities' interpretations but this was the first one that said "No". As this was the site plan review, Mr. Moers asked if he was correct in saying the building did not enter into the picture. In the City's Codes, Mr. Annunziato said the building is an integral part of the site plan review. Mr. Annunziato informed Mr. Moers that he would have to appear before the Community Appearance Board on Monday, November 18th, and the City Council on Tuesday, November 19th. In his interpretation of the building as a sign, Mrs. HuCkle asked whether Mr. Annunziato had a specific legal opinion on it. Mr. Annunziato had a conversation with the City Attorney concerning the definition, and the City Attorney verbally concluded that this would, in fact, be interpreted as a sign, but Mr. Annunziato preferred not to put words in the City Attorney's mouth. He said he would make the City Attorney's comments known when it comes before the City Council. The Board does not have the benefit of an Attorney and, to Mrs. Huckle, this was very close to being a legal question. From Mr. Annunziato's point of view, the building was a sign. It meets the criteria. It is a representation and visual communication. If it was not trying to communicate visually that they were selling ice cream, it would not look like an ice cream cone and bring it to the attention of others. By definition, it appeared to Mr. Annuniato that it wasa sign. Mr. Moers noted the comments said it would have an adverse effect on nearby properties and asked how they would know. If they are going to have an effect, Mr. Moers said they will have a very positive effect. They are a very family - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 oriented business, and everybody in town will know they are there. Mr. Moers did not see how anyone could say it would have an adverse effect. They have not had that effect any- where else, and he questioned how it could happen here. Chairman Ryder pointed out that a substantial shopping center is being constructed right now, adjacent to this. It was difficult to say how the ice cream stand could help that. Mr. Moers said they have put these stores in shopping centers, and their volume has increased. As far as being compatible, he said no two structures are compatible unless they are built identical. Chairman Ryder pointed out that the location is in a very busy spot, and this would be a distracting element. Mr. Pagliarulo felt like Mrs. Huckle that it could be a legal matter~. Chairman Ryder said that was not for the Board to determine and felt they should act on the recommendation of the Planning Director. Mr. Pagliarulo brought out that it was being presented as a violation. If it were built in that form, Mr. Annunziato said it would be in violation. The legal issues will be fully resolved by City Attorney Vance as part of the City Council analysis. No matter what the Board's recommendation is, Mr. Winter said it will be brought up to City Attorney Vance. Mr. Winter moved that the request for site plan approval be DENIED. Vice Chairman Trauger seconded the motion to get a vote. At the request of Chairman Ryder, the Recording Secretary took a roll call vote on the motion, as follows: Mr. Pagliarulo Chairman Ryder Vice Chairman Trauger Mrs. Huckle Mr. Winter Mr. Wandelt The vote was 3-3. No Yes No No Yes Yes Mr. Winter questioned how Vice Chairman Trauger could second the motion to DENY and then vote against the motion. Vice Chairman Trauger reiterated that he seconded the motion to get a vote. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 SITE PLAN MODIFICATION Se Project Name: Agent: Owner: Location: Description: Bavarian Haus Beril Kruger Roland Reinhardt East side of Congress Avenue, south of West Boynton Beach Boulevard Request for approval of an amended site plan to allow for an expansion of the existing restaurant from 160 licensed seats to 222 licensed seats and a request for a shared parking allocation Mr. Golden said this is a request for expansion of the Bavarian Haus. The TRB recommended approval of the request, subject to staff comments. The restaurant is located on the east side of Congress, adjacent to LeiSureville Plaza to the south. The expansion includes an addition to the existing building and an outdoor terrace, which is covered, represent- ing an increase in seating from 160 licensed seats to 222 licensed seats. The applicant was also requesting approVal of the shared parking allocation to the proposed addition of the restau- rant as the required parking use could not be met on site. Access to the restaurant parking lot will essentially remain unchanged with the exception of the southwest corner of the property, where an existing entrance will be eliminated to conform to the revised Forum Shoppes site plan. Mr. Golden said this issue "was hashed out" by the Florida National Bank. Mr. Golden read the staff comments from the Building, Engineering, Utilities, Public Works, Planning, and Fire Departments. With reference to the first comment from the Planning Department, Mr. Golden said the Bavarian Haus site plan shows six parking spaces, whereas the approved Forum Shoppes' plan shows nine. Mr. Golden read the Planning Department's findings with respect to the Bavarian Haus shared parking study from page 2 of Mr. Annunziato,s memo dated November 6. He read paragraph 5 from page 3 of the memo and the Planning Department's "Recommendation,,, recommending that the request be denied owing to the fact that there is not sufficient parking available for the expansion Mr. Annunziato told the Members that staff went to some length to explain how the arithmetic works, given the two analyses. Because the Forum Shoppes exist and was approved, that formed the basis for any future reports that were sub- - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 mitted. In the City's opinion, any reports which were inconsistent with Kimley-Horn would have a tougher road to hoe in order to prove their validity. Chairman Ryder commented that a lot would depend on the operations of the various fitnesses in there. They were talking about a lot of cars. Mr. Annunziato said it was an acceptable cushion, but he did not think anybody on staff would feel comfortable in bringing those 56 parking spaces closer to zero. They were not dealing with that kind of a known factor. Chairman Ryder remarked that it will be a very busy spot with various activities. With the premise they had of shared parking, it was a matter of approxima- tion, but he felt it could be a matter of concern. Vice Chairman Trauger noticed that Congress was to the west and, for shared parking, they were measuring behind there on the entire site. Mr· ~nunz~ato advised that the allocation of parking was based on Forum Shoppes and is for all of the properties but CitiFederal. All of the properties over the two shopping centers (Florida National Bank, Bavarian Haus, Winn Dixie, and Forum Shoppes) are all burdened with cross parking arrangements which form the basis for shared parking. It is still over parking, but the cinema can be absorbed in other areas that will be vacant. That is the basis for the shared parking allocation. Beril Kruger, President, Beril Kruger & Associates, 2601 North Federal Highway, Delray Beach, Florida 33444, said they had a discrepancy as far as the Kimley-Horn study of peak hours and their peak hours. In order to verify this, Mr. Kruger brought the Friday and Tuesday's newspapers. Kimley-Horn was stating the peak hours for the cinema will be approximately 6:00 o'clock. The applicant was stating they were a lot later. The times when the movies at Boca Mall 6 start are: 8:15, 8:30, 8:15, 8:30, 8:00 and 8:00 P. M. Boynton 2 starts at 7:30 and 9:15 P. M. Delray Square starts at 7:30 and 9:30 P. M. The Town Centre ranges from 7:35, 7:40, 7:50, 7:45, and 7:40 P. M. The movies for Delray start at 7:30 and 9:30 P. M. Therefore, Mr. Kruger said there will not be a peak hour together by the theater and the restaurant. Chairman Ryder asked about afternoon shows. Mr. Kruger replied that even though some of the theaters have matinees, their peak are in the evenings. Theaters are half empty at afternoon shows. In the afternoon, Chairman Ryder said people would be at Winn Dixie. Mr. Kruger said Bavarian Haus peaks between 5.00'~ and 6:00 P. M., and the theaters peak around 7:00 and 8:00 P. M. Winn Dixie will peak in the - 37- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 day. There was more discussion about theaters being open in the day and evening. Mr. Kruger had a certified copy of a shared parking agree- ment he received from the Courthouse. It was approved on May 18, 1976 and was between the Ranch House of America and the Leisureville Plaza Shopping Center. This was when the original parking study or easements, restrictions and shared parking agreement were approved. At the end of the first paragraph, he read that it was to be understood that the parking places on the Ranch House side were for the primary use of Ranch House customers. When the Kimley-Horn study came up and said the applicant has 56 parking spaces and they were taking 30 of them, Mr. Kruger said it was not the primary use of the Ranch House or the Bavarian Haus. He was saying that if the City of Boynton Beach approved an agreement for allowing them to park or use a cross parking agreement, the applicant has an agreement that was signed in 1976 which does not allow them to use 33 of their pa~king spaces. They can share some of it, but Mr. Kruger sald the majority of the parking spaces are for the Bavarian Haus. In the City's staff comments, Mr. Kruger read, "Proposed on- site parking, 56 spaces. Parking assigned for the cinema, 33. Mr. Kruger stressed that was the majority of their parking spaces and left them 20 spaces. Their engineer did a traffic count on the site and found that the majority of parking spaces used for the Bavarian Haus were used in the front and were not used in the rear. Any of the other parking spaces used were used in the Winn Dixie parking lot. Therefore, they felt there would not be a problem for the cinema people parking in the rear or parking in the bank's parking lot. Mr. Kruger felt there was enough parking. Mr. Kruger said they counted the parking spaces with the cinema's parking at 7:00 and 8:00 oclock and their peak hours between 5:00 and 6:00 o'clock, Mr. Kruger emphasized that there is adequate parking on the Leisureville Shopping Center's parking lot. There is adequate parking in the bank's parking lot, so they felt there was not a problem for parking on the site. The office building will not be open after 5:00 P. M. so there should not be a problem with the office building. That was why the cinema was able to use those parking spaces. They have taken the majority of parking spaces that were allocated for the offices. Mr. Kruger said they will - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 were allocated for the offices. Mr. Kruger said they will also have more parking spaces when the office building to the east of the Forum Shoppes is also built. They will not be used by the cinema, but there are additional parking spaces for the calculations. Since the Winn-Dixie is not peaking at night between 5:00 and 6:00 P. M. and the theater is peaking between 7:00 and 8:00 P. M., Mr. Kruger felt there was a substantial cushion for the parking for the addition to the Bavarian Haus and stated that there are at least 89 parking spaces that can be used for the restaurant. Chairman Ryder asked about the shops in the Forum. Mr. Annunziato asked Mr. Cannon to discuss the analysis in Urban Land Institute,s bulletin. Mr. Cannon did not have Urban Land Institute,s study with him but recalled they had two components t~o the parking study for the Forum Shoppes. First, they did an on-site count of the parking spaces that were being used at Leisureville Plaza, Bavarian Haus, and Florida. National. Bank~ He believed they counted cars at various times of the day and used that count to determine how much parking!was available elsewhere, outside of the Forum S ~el. To estimate the parking for the Forum Shoppes, retail, office, and the cinema, they curbs. There were 24 hour distri- by Ln Land Institute by observing many shopping centers theaters. Mr. Cannon said actually, three curbs diverge the intersec- tion. One curb is for~ the office use, which is very low by 6:00 P. M. Another curb is for the retail stores, which he believed was still very high at 6:00 P. M. The last curb was for the movie theater, which starts to increase by 6:00 P. M. but gets its peak later on. Concerning the assignment of parking primarily to the Bavarian Haus, Mr. Annunziato recalled at the time the Board reviewed the request of the Forum Shoppes, two other owners were represented at the time the Board reviewed the request (Florida National Bank~and Bavarian Haus were represented.) At that point, he recalled specifically asking if they were now in concurrence with the approval of the Forum Shoppes. If it is a problem now, Mr. Annunziato said it should have been a problem then. At that time, Mr. Kruger said the applicant did not know that they were taking 33 of their parking spaces. The engineer did not even know and he had gone through their - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 analysis and did not find where they had taken 33 parking spaces. Mr. Annunziato advised that it was there, in the calculations. Mr. Kruger informed him that they had an agreement, signed by the property owners, and the agreement said that Bavarian Haus had the exclusive right where it was understood that the parking places on the Ranch House site were primarily for the use of the Ranch House. Mr. Kruger said Mr. Annunziato had a copy of it. He added that the City approved it, giving a majority of the spaces to the cinema. Mr. Annunziato remarked that the City was not the applicant's lawyer. Mr. Kruger retorted that the City has the right to look out for other people in the area. Mr. Kruger said they have been lied to by the Forum Shoppes as far as the parking study they received. The parking study from the Forum Shoppes that they received and did their study on was one that they received from the City. Mr. Kruger found out tonight that their parking study had been revised again, so th~ had two Kimley-~orn parking studies, and every one of different. The one the applicant had was not even the one that was Mr. Kruger exclaimed that there that was held up on this since submitted their plans, and they have been held up because of the Forum Shoppes. For the record, Mr. Annunziato clarified that the applicant was held up primarily because the form of the application was incomplete or inconsistent with previously approved plans. Mr. Kruger was talk~ the parking studies. Mr. Annunziato responded were planned drawings in consistency with approved .ans. Mr. Kruger stated that the Forum Shoppes, plan was never approVed. Every time it went in, it was being changed. Mr. Annunziato informed him that Forum Shoppes has an approved plan. Mr. Kruger pointed out that the applicant still had an entrance on the southwest corner and then it kept changing because the County wanted the entrance to be changed. They went along with that and closed it, as it was built without the benefit of a building permit. Mr. Annunziato said it did not exist in the eyes of the law. Mr. Kruger advised that it was purchased with it there, so as far as Mr. Reinhardt was concerned, it was ~egal. He purchased the restaurant with four entrances, found out it was illegal, and went along with closing it. Instead of having the entrance on the other side of the bank, the County wanted it between the Bavarlian Haus and the Florida National Bank, which not only eliminated Mr. Reinhardt,s entrance but also a lot of parking spaces. - 40- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Mr. Kruger said they kept submitting plans, but the Forum Shoppes kept changing them. Every time Forum Shoppes changed them, Mr. Kruger said the applicant changed theirs. They had at least 15 meetings in Mr. Annunziato's office, meetings at the bank, and a lawsuit is involved. This was all resolved at the time the Forum Shoppes was approved. Mr. Kruger said they felt everything had been okayed, then they found out tonight Forum Shoppes had another traffic study done, and they finally got a site plan from Kessel Construction. As far as the City was concerned, Chairman Ryder said Forum Shoppes came in and had problems, which presumably were resolved with the distribution based on shared parking, and now Bavarian Haus has decided to expand by 35% or 30%. Mr. Kruger informed him that Bavarian Haus did not just start to expand. They started back in April. If the Forum Shoppes had not been approved and they had come in and submitted their Plans, Mr. Kruger felt their plans should have been accepted. They waited for the Forum Shoppes. Forum Shoppes has taken the parking spaces, and Mr. Kruger said now BaVarian Haus cannot expand. He asked, "Why was it not done the other way around? Let us expand, and then the Forum Shoppes can work theirs out!" Mrs. Huckle concurred with Mr. Kruger's figures on peak hours andcould not see that there would be any argument on them. As Mr. Cannon pointed out, Mr. Annunziato said it was not just the peak hours of the movie but the compilation of three pea~s which make peak uses for the center at 6:00 P. M. This is When most traffic will be on the site generated by retail, ices, and cinema uses. The cinema does peak as you go the the the 6:00 into the evening but at 6:00 P. M., you have Huckle also did not understand M. Mr. Annunziato explained that at one point and time is at not even agree with that. Mrs. Huckle thought this was a very "sticky" thing for the Board to determine. Of course, the Planning Department had made a recommendation but, as far as she was concerned, the only thinlg she would be,able to base her judgment on was the Planni~ng Department s dSrection beCauSe she did not feel capable oS ~udging all of the statistics. Mr. Kruger had his case also, an~ Mrs. Huckle was sure he had plenty of statistics to back him up. The material submitted was way over her ead, and Mrs. Huckle expressed that she would have to g by the recommendations ~f the Planning Department. - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Chairman Ryder commented that it is too close for comfort there and the possibility would exist that there will be problems. Mr. Annunziato asked if Mr. Kruger was arguing that 6:00 P. M. was the wrong peak for all uses on the site. Mr. Kruger replied that it was true for the restaurant but not for the office building. Mr. Annunziato was not saying they were all peaking at 6:00 P. M. and asked if Mr. Kruger was arguing that the greatest concentration of all of the uses was not at 6:00 P. M. Mr. Kruger answered affirmatively. Mr. Annunziato :said Mr. Kruger's study did not address that but was mute to that. Mr. Kruger argued that they did a traffic count. They went out and actually counted cars in the area at that time. Mr. Annunziato commented that then the applicant's study was incomplete. Mr. Annunziato advised that a traffic study by the firm of Olsak & Associates for the Bavarian Haus was in the agenda packages the Members had. Vice Chairman Trauger was informed by Mr. Annunziato that the agreement Mr. Kruger presented with the old Ranch House was affected in that the study by Kimley-Horn and also by Olsak & Associates allocated that at 6:00 P. M., 62.3% of parking is on site at Florida National Bank, Winn Dixie, and the Bavarian Haus to affect the Forum Shoppes' development. Vice Chairman Trauger asked if Bavarian Haus owns the property they are on. Mr. Annunziato answered that they own their parking lot east and west and the building. Vice Chairman Trauger asked why they did not tell "these other guys to get lost". Mr. Annunziato replied that it was because they are also burdened by the cross parking relation- ship they agreed to, and it goes back to 1976. Mr. Kruger reiterated that it states that the Ranch House site is for the primary use of the Ranch House's parking. Mrs. Huckle said the word "primary" could be debated too. There was more discussion. Mrs. Huckle moved that the site plan modification and request for a shared parking allocation be DENIED. Vice Chairman Trauger seconded the motion, and the motion carried 6-0. e Project Name: Agent: Owner: Location: Manor Care Nursing Center Ric Rossi, p. E. Manor Care of Boynton Beach, Inc. West side of Congress Avenue, south of LWDD L-28 Canal - 42 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Description: Request for approval of an amended site plan to allow for an expansion of the existing parking lot from 51 parking spaces to 70 parking spaces Before leaving the meeting, Enrico Rossi, P. E., Rossi and Malavasi Engineers, Inc., 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, advised Mr. Annunziato that he concurred with all staff comments. Mr. Golden informed the Members that the Technical Review Board recommended approval, subject to staff comments. The Manor Care Nursing Center is located north of Charter Drive. The expansion of the existing parking lot is proposed for the southwest corner of the property. Mrs. Huckle asked why they wanted to increase the number of their parking spaces. Mr. Annunziato thought it was primarily for the center's staff. Mr. Golden read the staff comments from the Engineering and Utilities Departments. Mrs. Huckle moved to approve the site plan modification, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 6-0. OTHER Request for approval of a household cleaning service (Steamatic) at Boynton Commercenter PID Mr. Annunziato called attention to a letter from Mr. Randall J. Labadie, Atlantic Coast Steamatic, 326 West Boynton Beach Boulevard, dated November 6, 1985, and said the problem was that the Planning and ZOning Board approved a list of uses for occupancy at the Boynton Commercenter. Steamatic has tried to lease space there, but it is not on the list of many uses. It was suggested in a letter dated October 23, 1985 from Mr. Annunziato to the applicant that they be heard by the Board to see if the Board desired to add them to the list. Mr. Annunziato read the letter from the applicant, which said they do carpet and upholstery cleaning. In his conver- sation with the applicant, he was led to believe they were primarily interested in having a place to store vehicles inside, which may or may not be the case. He thought the - 43 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 issue the Board had to grapple with was whether or not this intent would meet the scope of the Planned Industrial regu- lations, which are a high tech office or industrial manufac- turing type of location as opposed to a strictly office warehouse use. Mr. Labadie told the Members he has been in the city for three years, operating under a C-2. They have been going back and forth as to what the center is designed for. First, he was told to park the trucks inside, as they did not want them outside because of Leisureville. Then he was told they should not be parked inside because of gasoline and fumes. They have never received any details as to what the actual zoning is. Mr. Labadie said their intention was to have a place where they could have a conference office/warehouse center. Now, they are renting warehouse space to keep their inventory and some of their equipment in, but they are not an actual retail center. They wanted to have a nice visible office area and were willing to do what was necessary to accommmo- date their neighbors or the Board. Mr. Labadie informed Chairman Ryder that approximately 25% will be office space. The rest will be for chemical inven- tory and equipment use. The only work they would be doing there would be light cleaning of things they might bring in, such as small pieces of furniture. There will be no heavy use of anything. Mr. Labadie agreed with Mr. Winter that approximately 99% of their business is carpet cleaning, which is done at somebody's home. Mr. Winter asked if this would not come under C-2, personal establishments where work is done at a person's home. Mr. Annunziato advised that they were talking about a PID not C-2 and it does not appear as a use under PID. As he looked at the list, it did not appear to be consistent with the uses that were previously approved, and he read the uses. Mr. Annunziato recognized that Steamatic does not have a contractor's license but asked that the Members recall that one of the things that was specifically prohibited by the Board was storage shops and truck parking. Mr. Labadie informed him that a electrical contractor exists there who has eight or nine vehicles. He was not trying to make waves for any one. Vice Chairman Trauger moved to accept Steamatic in a Planned Industrial Development (PID) and to list it specifically as that. Mr. Pagliarulo seconded the motion. - 44- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 Chairman Ryder asked about Steamatic's neighbors. Mr. Labadie replied that Vice Mayor Ferrell is next door to them. They park their trucks there and walk to their offices. They have outgrown their office facilities on Boynton Beach Boulevard and are keeping small pieces of equipment and chemicals in there. They want to stay in Boynton, but their choices are limited. A vote was taken on the motion, and the motion carried 6-0. e Request for comments and recommendation concerning the extension of Woolbright Road between Congress Avenue and Military Trail Mr. Annunziatio informed the Members that Palm Beach County is considering adopting a five year transportation program. One of the improvements in that program will be the construc- tion of Woolbright Road. There is some ruckus on the part of some of the residents of the communities (Quail Ridge), and they have hired counsel to appear at the public hearings. Woolbright Road has always been a part of the City's trans- portation plan and appears in the Comprehensive Plan. The existence of the road is important to Boynton Beach. Mr. Annunziato suggested that the Board recommend to the City Council that the City Council take a positive position with respect to Woolbright Road. It is the primary answer to Boynton Beach Boulevard and is the necessary link that needs to be constructed soon. Coming east from Military Road, Mr. Annunziato said Wool- bright Road is constructed for about 3/4 of a mile. You are talking about a missing piece of about 2-1/2 miles with projections at both ends. Mr. Annunziato said they were talking about rights-of-way which vary from 120 to 180 feet and, in addition, they abut a Lake Worth Drainage canal over the property which goes through Quail Ridge. They were also talking about the dedication of the road which existed before the first house was built in Quail Ridge. Mrs. Huckle asked if anything was on the rights-of-way. Mr. Annunziato replied that there is just power but no improve- ments. The City's plan is for Knuth Road to intersect with Woolbright Road, come east, and then pick up with 26th Street through Quail Lake West. Woolbright Road was intended to serve the east/west traffic and was constructed westerly almost to Jog Road. Chairman Ryder commented that Quail Ridge runs from Boynton Beach Boulevard down to 23rd. - 45 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 12, 1985 In most cases when you have large developments, you have dedicated streets. Mrs. Huckle moved that the Board recommend positively to the Council that the City support the construction of Woolbright Road over the link between Congress Avenue and Military Trail. Mr. Winter seconded the motion, and the motion carried 6-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 11:40 P. M. Recording Secretary (Four Tapes) 'Board of-County Commissioners Kenneth hi. Adams, CImirman Karen T. 5I~c~, Vice Ken Sp~i~ Jerb, *L Owens Dorothy W~lken November q, 1985 Mr. Carmen Annunziato Planning DireCtor City of Boynton Beach P.O. Box 310 I20 N.E. 2nd Avenue Boynton Beach., FL 33q35-0310 SUBJECT: County Administrator John C. Sansbury Department of Engineering and Public Works H. F. K~hlert County Engineer Annexation Of The Sabra Project Location At The N.E. ' CapitolOfB°ynt°n'ProfessionalBeach'B°ulevard Rnd-Knuth Roaoa~ Quadrant And ~e Center LoCated At 'l~e $.£.Quadran~ Of ~he Old Boynton Beach BoUlevard And Knuth Road Dear Mr, Annunziato: This is in reply to your request to this off. ice for traffic related comments for the two- subject projects, which are currently petitioning for annexation into the City of Boynton Beach.. Given that both of these projects will put commercial traffic on Knuth Road, it is my recommendation that as a condition of approval, these projects be required to obtain the Right-Of-Way for and construct Knuth Road, as a 2q foot section with turn lanes as appropriate in a 60 foot Right-Of-Way, between Old Boynton Road and ,Boynton Beach Boulevard. Conditions of approval should require the provision of construction plans and Right-Of. Way documents necessary for this contructlon.. Palm Beach. County . will commit to obtaining the necessary Right-Of-Way, using it's condemnation powers as necessary, - . - As you know, the Sabra ' '*":' ':: ' ' Project was previously approveff i~-:~.Palm Beach County as Petition No. 85-93. AS y~u can see from the.~ttaehed conditions of approval, this project was required to construct ~nuth ROad. to ~he north Right-Of-Way 'line of the Lake Worth Dralnage..Dtstrict Lateral No. 2~ canal. 'It is my recommendation that all:cOnditions imposed under the county approval be re-imposed as part of the -iU0nditlons of annexation. .. Specific conditions which should be imposed on the Capitol::' Professional Center follow: 1) Dedi**~ate ,0 feet from centerllne for the ultimate 1/2 Right,Of_Way for Old Boynton Road. 2) Dedicate 30 feet from centerllne for the ultimate 1/2 Ri~:ght-Of_Way Knuth Dairy Road. . for SOX 2429 WEST PALM BEACH, FLORIDA 33~402 (305) 684-4000 '3) Dedicate a safe corner (the long chord of a 25 foot radius) at the intersection of the above Rights-Of-Way. ,,-. .) ~ave ~uth Dairy Road from Old B°Ynton Road to &onneJt ~o the bridge over the L-2~'canal in coordination with' the Sabra Project. - -5) "odi£y the exl;tlng pavement markings on O1d Boynton Road"to proVide a two-way left turn lane from KnU:h ~oad to Mall ACcess ~oad A, ' It is also reco~endedthat'these projects join:lYhire'an eng~neer for' the preparations of the plans. That the cost of construction be split at ~he north line oftheLake Worth Drainage DistriCt LateralNoL 24 canal., with Sab~ bearing the cost south of this lineand Capitol Profession~l Center bearing the cost north of %his line.' The Cost °fthe Right-Of documents and the Right-Of-Way costsWould be shared~eSween these two ;,s would'b'eqq.%,~.~-i:.is also ~ ' recommended that building not be issued for. these projects unti1 such time as the contract the construction of.KnUth.Road has been let. Your continued cooperation in these matters ~f mutual:interest is sincerely appreciated. $inc'e~ely, OFFICE OF .THE COUNTY ENGINEER Charles R. Walker, Jr.,. P.E. Director, Traffic. DAvislon POLITICAL SUBDIVISION OR STATE AGENCy WHO MUST FiLE FORM 4 e ' ~ *' ' ~'' ' ' % -" ' ' i This form is for use by any p rson serwng 6n cithei- an appmnted or ' ~' '" '~" ~ ' elected'board, council, commission, authority, or committee, iWhether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of ~'ltcresL -: ~' '- "~ ' ': ': * ' ::~-~ ~'-"": the loCal level differ from the requirementsfor sta~cofficers, this form is diVided into two parts: PA RT A is for use by persons servin~ on local boards (municipal, county, special tax districts, etc.), while ~rescribe~/for ali other boards; i.e., tho~© a~ the'stat~ievel;:~ ' .... ~" - · '~- ....· of the form contains instructions as to when and where this form must be flied. - : PART A " VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required.by Section 112.3143(3), Florida Statutes (Supp. 1984).] Code of Ethics for Public Officers and Employees pROHiBiTS each municipal, county, and other localpublic officer FROM an official capacity upon any measure which inures to his special private gaim Each local officer also is prohibited from official capacity upon any measure which inures to the special gain of any principal (other than a government >n 112312(2), Florida Statutes) by whom he is retained. any such. case a Iocal public officer must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; a~d WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the_nature 0fhis interest as a public record in this part below~ of a COmmunity Redevelopment Agency ~eate~ or designated pursuant to.Section 163.356 or Section 163~357, (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on. ,e'~'~,~, 2t,~ ' , 19 ~__~.- abstained 'from voting on a matter which (check one): to my special private gain; or ~ inured to the special gain of · by whom I am retained. REV. 10-84 PAGE Re: Planning and Zoning Board Meeting November 12, 1985 For some unknown reason (probably that the LOCK button was not down on the Dictaphone), a large portion is not on Tape 2 from the Land Use Amendment and Rezoning of Capitol when Attorney Perry was talking down to the Master Plan Modification, Lakes of Tara. I transcribed it from my shorthand notes.