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Minutes 09-10-85MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 10, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Walter "Marty" Trauger, Vice Chairman George deLong Marilyn G. Huckle John Pagliarulo Robert Wandelt Garry Winter Norman Gregory, Alternate William Schultz, Alternate 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, and introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, Mr. Golden, and the Recording Secretary. (Mr. Gregory and Mr. Schultz were sitting in the audience.) He recognized the presence in the audience of Councilman Ezell Hester; Councilman James R. Warnke; Councilman Carl Zimmerman; Peter L. Cheney, city Manager; Owen A. Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce; Virginia Foot, Member of the Downtown Review Board, and Robert Foot. MINUTES OF AUGUST 13, 1985 Vice Chairman Trauger moved, seconded by Mrs. Huckle, to approve the minutes as submitted. Motion carried 5-0 with Mr. Wandelt and Mr. Winter abstaining from voting as they were not present at the meeting of August 13. ANNOUNCEMENTS Comprehensive Plan Mr. Annunziato asked if the Members received their copies of the new Local Government Comprehensive Planning and Land Development Regulations Act and said some very interesting requirements were imposed on local government by the State. In the next year or so, Mr. Annunziato thought the City would be figuring out the impact on local government. He thought the most noticeable thing we will see right away is that the ability of the local government to amend its plan has been reduced to two amendment periods a year, so all of the applications the City has which are in process and all that they will receive in the next couple of months will end up being grouped and treated as one amendment procedure that will have to be approved by the State over a ninety day review process. Mr. Annunziato said the city will likely do - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 that twice a year, and the Council will have to set up spe- cific periods for amendment acceptancy and amendment review. Following that will be the requirement for the adoption of the new Comprehensive Plan by coastal cities (which Boynton Beach is) by January 1, 1988. Mr. Annunziato said the City will likely be in a planning process starting at budget time next year. COMMUNICATIONS None. OLD BUSINESS Discussion by Chairman Ryder re Applications for Rezoning Heard at August 11, 1985 Meeting At the last meeting, on August 11, Chairman Ryder said this Board spent a good deal of time on a couple of matters in which rezoning was involved, and he wished to recount what had happened. The Board had three applications from Trade- winds Development Corporation involving the matter of re- zoning a substantial area of property bounded by Woolbright Road on the south, on the west by the E-4 canal and West 8th Street, on the east by the railroad, and on the north by Ocean Drive and South 2nd Avenue. Presently, this area is zoned primarily R1A, which provides for single family homes except for the out parcels fronting on Woolbright Road, which were zoned C-2. The applications were in three parts. One was called Wool- bright Place (a PUD, in which is supposed to be located the Baptist Church, a 500 member day school, and close to 800 apartments). Another one was the Woolbright Center, which was to go from R1A to C-l, which would consist of new office buildings. The third was Shoppes at Woolbright Place, which will be stores. Chairman Ryder continued that the Planning Department recommended denial. The matter engendered considerable concern on the part of followers of the Baptist Church and people who live nearby in Leisureville. The final decision was 4-3 in favor of all three developments. The Council met on August 20th, and only three Members were present. Chairman Ryder said the vote was 2-1 in favor of the requests. After the Council approved the rezoning application, Chairman Ryder said enabling Ordinances are - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 required to be acted upon by the Council. The first reading would have been held last Tuesday, but it was not on the agenda. City Manager Cheney explained that the reason it was not included on the agenda was because the access to the Winchester property (which is east of the subject property between the railroad and the westerly edge of 1-95) still had to be resolved because representatives of that property said their public access would be cut off. Chairman Ryder said city Manager Cheney referred to the State law and the requirements for reading the Ordinances and suggested having two Special City Council Meetings for the first and second reading and a public hearing. The first hearing will be this coming Friday, September 13, at 7:30 P. M. in Council Chambers. The second and final read- ing and public hearing will be on September 25. NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT AND REZONING 1. Project Name: Agent: Owner: Location: Description: Gulf Stream Lumber Company, Inc. Jim Terhorst Gulf Stream Lumber Company, Inc. Southeast corner of S. E. 12th Avenue and S. E. 2nd Street Request for an amendment to the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Local Retail Commercial, and rezoning from R-2 Single and Two Family Residential to C-3 Community Commercial, for the purpose of expanding the exist- ing lumber yard to allow lumber storage and staging. Jim Golden, Assistant City Planner, read the Memorandum from Mr. Annunziato, which was addressed to the Board. Mr. Cannon pointed out the various locations on the overlay. Mr. Golden read the Planning Department's recommendation that the rezoning and land use amendment request be denied unless considered as part of a rezoning of all R-2 zoned property south of S. E. 12th Avenue. Chairman Ryder asked Mr. Cannon to point out the parcels owned by Gulf Stream Lumber Company, which are immediately west of the area in question, except for Lot 21 which is on - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 2nd Street. He said the lots behind the cross hatched area, which is the area involved, are privately owned. Mr. deLong advised that the houses along the hatched area are very deteriorated. Mr. Cannon agreed and said they abut the property to the east on the west side of S. E. 3rd Street and also along the south side of 12th Avenue to the east of S. E. 3rd Street between 3rd Street and Federal Highway. Mr. deLong observed that there apparently seemed to be one house in outstanding condition in that entire block immedi- ately contiguous to or fairly close to the Gulfstream project. Mr. Annunziato added that a duplex on the east side of 2nd Street is also in fairly good condition. That would be immediately north of the vacant R-2 zoned parcel, which is owned by Gulf Stream Lumber, on the east side of S. E. 3rd Street. Mr. deLong noted in the presentation, it was said the area is experiencing decline from which it appears there does not exist any potential for improvement. Mr. Golden replied that refers to the area south of S. E. 12th Avenue. Mr. deLong ascertained he was talking about residential improve- ment. Mr. Golden agreed, saying that most of the homes are experiencing deterioration. From What Mr. deLong was reading in the report, there was no future for residential. Mr. Golden answered that was correct and pointed out that there is encroachment on all sides by existing commercial uses and C-3 zoned parcels. Mr. Annunziato believed the key was whether or not piecemeal rezoning will make several people uncomfortable. He recommended it was something they should not impose. Mr. Jim Terhorst, Chief Operating Officer, Gulf Stream Lumber Company, 1415 South Federal Highway, P. O. Box 160, Boynton Beach, Florida 33425, said Mrs. Hildegard Crockett owns the property adjacent to their segregated lot on the east side of the property on 2nd Street, and they have become very good friends. Mrs. Crockett has complimented them on the appearance of their facility, is happy to be their neighbor, and would be happy to make a statement that she is not unhappy with their so-called encroachments. Since they were there first 30 or 32 years ago, Mr. Terhorst thought the word "encroachment" was the wrong word to use. He presented a picture and did not understand it if they encroached on them. As far as the best looking house on the street adjacent to their property line, Mr. Terhorst said it - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 is owned by the Romanos. Prior to their remodeling and up- grading their house, Mr. Romano came to him and asked if he was thinking of selling out the corner because they wanted to upgrade and improve their property but they would not want to do that if Mr. Terhorst would tell him they were going to sell out to someone else and if something else would be put on the property. When Mr. Terhorst confirmed they intended to stay, Mr. Romano made the improvements that you see today. Chairman Ryder asked if Mr. Romano considered the lumber yard more desirable than possibly any other use. Mr. Terhorst informed the Members that Mr. Romano bought the house and wanted to fix it up for his son. Mr. Romano did not want to spend any money getting the house fixed up if Gulf Stream was going to sell out and they would not know whether an office building, shopping center, fast food restaurants, or some other facility they would not like, would be appropriate. Mr. Terhorst said they have been approached many times by people wanting to put fast food restaurants on their corner. Also, banks want the property. Mr. Terhorst showed a recent aerial photograph of their property so the Members could see it is well kept. He also showed some photographs. Once people found out they were taking pictures of the surrounding area, they went out and cleaned up their areas. Mr. Terhorst informed Chairman Ryder that they bought Walt's Automobile Repair. Next door to that was a manufacturer of windows and doors, which Gulf Stream bought from Robert Beane. Mr. Terhorst said they make doors in there but not windows. Vice Chairman Trauger asked if they would surround and fence the property along the hatched line the same way they have the rest of their property. Mr. Terhorst replied that they will be glad to. He said they offered to do that, but the people that are there liked it the way it was and did not want to lose their trees. Vice Chairman Trauger remarked that there are trees all along there. On the property they contemplate rezoning, Mr. Terhorst said they intend to put a six foot wall, intend to landscape 12th Avenue, and they will put a very attractive vine on the wall for the whole 300 feet they have there. He thought it would be a big improvement to what they have. As mentioned by the City Planner, Mr. Terhorst said the one abandoned house obviuously is rat infested, etc. The build- - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 lng on the north side of 12th, across from the six car garage, is in total disrepair. Across the railroad tracks, the trash that is allowed to accumulate is an eye sore. Mr. Terhorst thought being able to develop those five lots for residential use was far fetched, to say the least. The people they bought the five lots from owned them for 14 years, and they found it was impossible to build a duplex or single family home as a rental unit to make money because of the cost necessary to build within the Code for the setback and sideback dimensions required. That was why they sold Gulf Stream the property. Getting back to the planning and zoning and the master plan, when the general hearings were held, Mr. Terhorst attended three of them and made recommendations to the City Planner that they certainly look at this property because it was going way downhill then. Nothing has changed that would make it more enticing for anybody to want to live there, and he could think of nothing they could put on the property that would make it salable so that they could even dispose of it. Mr. Terhorst stated that they have been in the area for 31 years, employ 156 to 160 people (of which approximately 1/2 are Boynton Beach residents), contribute over $3,000,000 in direct payroll costs to the area, buy a substantial amount of materials and services locally, and probably support and contribute to 30 or 50 different organizations located within the City. Mr. Terhorst said they are not asking for any kind of financing but are asking for five lots which have no use other than for Gulf Stream to use them for storage and materials. They do not contemplate building any kind of building on the premises. If they did, they would certainly have to come back through the City and Planning and Zoning Board for approval. Chairman Ryder asked if Mr. Terhorst was aware that if the request is granted and they decide to build, they may be required to make other changes on the property with regard to access, parking provisions, etc. Mr. Terhorst was not aware of that. Chairman Ryder advised that it was a possi- bility. Once you make any alterations, he said they would have to bring all of the other matters up-to-date with regard to parking, access, etc. Mr. deLong asked Mr. Terhorst if he would have a problem with that. Mr. Terhorst replied that would depend, because he did not know what would be required. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 AS far as the five lots, Mr. Terhorst said they reviewed the situation with the Water Department and are willing to move, at their cost, the water lines, meters, and whatever else is necessary to provide service to the home that is fed by the water line on the east side of the street. He added that would be beneficial to the property. Mr. deLong questioned if their present plans were not to build on that street. Mr. Terhorst assured him they have no intention of building but, because of the volume of business they are doing now, they need more storage for a lot of lumber so they can bring in seven more cars to get better prices because business today is so competitive. Mr. deLong asked what their timing was on this and explained what he was getting at. He asked if it would upset their timing if the city initiated a plan for the R-2 zoning of the rest of the parcels there. If they were done within a year, Mr. Terhorst did not think it would. Chairman Ryder referred to the curb cut on Woolbright, which is so close to Federal Highway. He also thought the appli- cant had an extended drop curb on Federal Highway and recalled that it is quite long. Mr. Terhorst agreed, and Chairman Ryder told him that would have to be changed. Mr. Terhorst did not know how they could be made to do anything there when the state took 12 feet off of Woolbright. They keep chopping away, and they did the same thing at the corner on Federal Highway.. If they keep chopping away, Mr. Terhorst said Gulf Stream Lumber Company will be in a mess. Mr. Annunziato thought it was important for everyone to understand that the lots cannot be used for any use related to a lumber yard without the benefit of conditional use approval. Mr. Terhorst commented that it could be the same as what they have on the other parcel. Mr. Annunziato advised that it would require an additional procedure before the lots could ever be used for anything other than C-3 uses, which do not require a conditional use. If this was approved, Mrs. Huckle said they would have to come back for a conditional use application. Mr. Terhorst asked if the C-3 use was not set up so they could operate the existing lumber yard under that conditional use. Mr. Annunziato answered affirmatively but added that the expanded geographics changed things for the expanded areas and the existing area, which may be a non-conforming grand- fathered in non-conditional, never approved use. He clari- fied that they can continue to operate there but when they - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 expand into areas that have never been used for this kind of use, it requires a conditional use approval. Chairman Ryder asked where the truss plant is located. Mr. Terhorst answered that it is on the south side of the property, along Woolbright Road. It is almost in the center of the property, closer to Woolbright Road. Mr. Terhorst showed the Members a photograph. If the Board was to recommend rezoning, Mr. deLong said the people in R-2 zoning who own homes there would be perfectly free to come in and also apply for rezoning. Mr. Annunziato confirmed that was true. Mr. deLong questioned whether the tendency would be for C-3 zoning to increase or decrease the value of the deteriorating homes in that area. Mr. Annunziato thought the tendency would be to decrease their value because the value and upkeep of the homes would likely diminish. From experience, he felt what would likely happen would be that they would seek C-3 zoning. If this property's zoning classification is changed, Mr. Annunziato said there would be no argument whatsoever not to continue the trend. Once they would have a C-3 zoning with a precedence estab- lished, Mr. deLong wondered if they would say they have a devaluation and an evaluation. While they are occupied under the existing R-2 classification, Mr. Annunziato pointed o~t that the value would be diminished. If there was any increment in value, it would be based on the income to rezone. If this application was approved, there would be very little reason to not assume that those properties would have to be rezoned. However, in the interim, they would probably be devaluating residential homes and what- ever integrity of the residential community remains. Mr. Terhorst thought he could answer that question better than the Director of Planning. They paid $60,000 for a double lot with a house on it and moved the house to another location. They sold the house for $8,000 and paid $125,000 for the five lots in question, which would be $10,000 a lot over what it would be under the R-1 or R-2 classification. Mr. Terhorst commented that he can buy lots all day long in Boynton Beach for $15,000. The fact that it was adjacent to C-3 Commercial made it worthwhile and the fact that they were sitting there made it worth the money it was. No one else would have paid that kind of money. Mr. Terhorst agreed with Chairman Ryder that they wanted the property and added that they were not quibbling because they - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 felt it would serve as a logical extension for their growth, as there is not much property left. As soon as the people living in the three homes on 2nd Street approach an age to retire, they will be going somewhere else. As far as their property generating noise, Mr. Terhorst took some readings on the street and said the traffic noise from Federal High- way is much louder than the noise coming off of their property along that residential section. Two of the three neighbors that have the nicest homes on the street are happy with them being there, so Mr. Terhorst did not see where they were encroaching. He said they have gOtten along, been very compatible, and have had a very good relationship for all the years they have been there. In case the whole area would go to C-3, Mrs. Buckle asked if Mr. Terhorst could see an expansion of the business that might make them want to avail themselves of the entire property at some time. Mr. Terhorst did not see where he could buy anything for at least five years because they do not have the money. If they would go with the new classifi- cation, the homes on 12th Avenue would be very attractive to tie into commercial, whether it would be a bank or whatever. If they would, pick up the property on Federal Highway, tie it all in toglether, and take the whole package, Mr. Terhorst thought it woiuld be feasible. Mrs. Huckle asked if he meant where the Lil' General is. Mr. Terhorst answered affirmatively and said the locksmith's shop is for sale. Gulf Stream was offered a good sum to sell property so someone could put in a drive in restaurant by the locksmith's shop, but they did not want to sell. Mr. Terhorst said :people living there could make a handsome return on their investments and go out and buy another home that would be,much better, as far as the amount of money they would get for it. He thought it would be a tremendous inducement. Chairman Ryder asked if anyone else wished to speak in support of the application. There was no response. Chair- man Ryder asked if anyone wished to speak in opposition to the request. Matthew Romano, 1321 S. E. 3rd Street, said he was the gentleman whose home was alternately referred to as being in fair condition to deteriorating to outstanding condition. He confirmed Mr. deLong's statement that his home is a white CBS home. Chairman Ryder asked if it was the southernmost home, next to the dead end. Mr. Romano replied that it was. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Romano has owned that property for 15 years and has enjoyed a peaceful coexistence with Gulf Stream Lumber. There were times when Gulf Stream Lumber acted in a very responsible way as far as the neighborhood was concerned. Mr. Romano called attention to the photograph which was shown to the Members that was to be of historical signifi- cance and said everything is relative. He knew some people were present who knew what the neighborhood looked like 10 and 15 years ago. If they would compare the neighborhood of 10 or 15 years ago to what it is now, Mr. Romano said they would probably conclude that there have been a lot of improvements made to the area. Mr. Romano came, after retiring from the Navy, for the pur- pose of making this his home. Gulf Stream decided they wanted to expand, and the first thing they did was purchase the home and lot directly across the street, which is due east from his property. Mr. Romano said that was the first step in what was obviously a planned expansion on the part of Gulf Stream to do it in a piecemeal fashion by purchasing a lot here, a lot there, and literally working their way northward so. that eventually the entire area (shaded as well as the properties east of the shaded area) will become Gulf Stream ~Umber Yard. Mr. Romano bore no malice towards Gulf Stream but wondered why they were approaching it in a piecemeal manner and ques- tioned why they did not tell everyone what their plan is. He asked why they are doing it on this basis and why they are saying they have no money to spend on further purchases. Mr. Romano thought it was obvious to anybody what the eventual growth of Gulf Stream would be. If he was running Gulf Stream Lumber, he would have done the same thing and ma~e the same application, but as the Planning Department said, "Why d°n'i~ they come forward with a plan?~ Mr. Romano said Gulf Stream was basically requesting that the Board rubber stamp what they are asking for, which is to change the character of a residential neighborhood. Mr. Romano said Gulf Stream talks about deteriorating buildings and people who do not really matter because they are getting Old. He emphasized that they were talking about people, and none of the things they heard tonight mentioned anything about the impact on the lives of people. Mr. Romano said he was among those people, and there are others in the neighborhood, but they were not present because they felt helpless in the face of a large company and large employer with a large tax base coming before the Board. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 For the people who live there, Mr. Romano told the Board they were the Court of last resort who could tell big busi- ness in the area that they just cannot arbitrarily decide they want to expand~ buy up residential property, and come before the Board and ask to rezone the property. He thought the City's Planning Department said it best when they summed it up. If Gulf Stream is allowed to do this, the applica- tions will continue, and there will be one after the other. Gulf Stream will continue to buy up the little properties because the people who live there will be under such tremen- dous pressures from the surrounding activities of the lumber yard that they eventually will give up, and the lumber yard will be able to purchase the properties from people who just want to get out. After that, Mr. Romano predicted that the City will have to open up the street, and the trucks will roll out that street as opposed to Woolbright. He thought it was obvious and asked, since it was obvious, why Gulf Stream did not come before the Board with a long range plan, not a piecemeal plan. Mrs. Huckle asked if Mr. Romano spoke to the other neighbors, had any petitions, or if he had them write any communica- tions to the City. Mr. Romano informed her that the people in the neighborhood felt this was inevitable, and they felt helpless. He told Mrs. Huckle he owns and lives in his home, is the one who improved that home and who had a lot to do with the neighborhood improvement. Mr. Romano said he could show them a lot of other streets in Boynton Beach that are in far worse condition than that street, and he urged the Members to take a look at the area. Mrs. Huckle again asked if Mr. Romano spoke to any of the neighbors. Mr. Romano replied that he did not speak to them in a way to get their combined effort and names on a petition in order to present them to the Board. He came this evening to hear what was being asked of the Board. Mrs. Huckle said the Board was anxious to hear from the property owners that would be most affected by this, and it was disappointing not to have some kind of communications from them. Mr. Romano commented that the syndrome that you can't fight City Hall, and you can't fight big business unfortunately pervades the people, and that was why they had to depend on the Board to look after their best interests. Living so close to this operation all along, Chairman Ryder asked if Mr. Romano felt he had been inconvenienced or disturbed to any great extent. Until the purchase of the - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 home and the lot across the street from him, Mr. Romano said they enjoyed a very good relationship with Gulf Stream,~ looked upon them as a good neighbor, and supported them. When they requested some changes, Mr. Romano spoke strongly in their support at that time because they had a dividing line that separated that commercial entity from the resi- dential neighborhood. He reiterated that when they purchased the lot across the street, Gulf Stream made the first move that now, in retrospect, is obviously a long range plan that they have. They need and want more property for what they really hope to achieve, and they Want to do it in a way that will cause the least inconvenience for them and do it in the cheapest possible way. In the meantime, people will be impacted. Mr. deLong went into that area and felt, for the most part, that mosH of those homes, with Mr. Romano's home excepted, were in ramshackle condition. The ones that were not were the exception that proved the rule. Mr. Romano responded that the house immediately to the north of him is occupied by an old man, probably in his 90s, and it is run down because the man cannot take care of his property. The other properties on the street are not in a run down condition and are in much better condition than they were in five or ten years ago. Mr. Romano again referred to other areas in the City that are far more run down. If Mr. Romano had it within his power to freeze it as it is now or to let it develop as a commercial area which would perhaps bring higher prices for his own home and some of the other homes there, Mr. deLong asked Mr. Romano what his choice would be. Mr. Romano's personal feeling was if some- thing is inevitable, let it be, but do it in an orderly way, so they do not eat away at the area on a piece by piece basis and create all of the aggravation that goes with that sort of thing. Mr. Romano's quarrel with Gulf Stream was not with what they were trying to do. If he was in their shoes, he would try to do the same thing. He did not like the manner in which they were doing it. Mr. Romano said Gulf Stream was not guilty of deceit, and he would never accuse them of that, but, in his opinion, there was something they were not bringing up front to the Board. Roger Barr, owner of several properties on S. E. 2nd Street, pointed them out on the overlay. He drew attention to a man - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 in the audience and said he and the man own a majority of property along the railroad track and have come before the Council several times to ask that the property be rezoned back to what it was so that they would not be non-conforming. If they cannot exist as businesses on that street, con- forming with what they have done for the past 12 years, Mr. Barr asked why the double set of standards should be given to Gulf Stream Lumber Yard to have anything they want. Mr. Barr emphasized that he was running a business on that street and the City saw fit, through its master plan, to zone him out of business because he was non-conforming. He bought the property as M-1. Half of it was zoned R-2, and the other half was zoned C-3, none of which his business does. One of his buildings was zoned a duplex, and it had been an industrial warehouse, and now Mr. Barr said they were going to take residential property and zone it commer- cial to help Gulf Stream Lumber Yard. He asked if the small businessman has er set of standards. To him, that was two sets of s (~one for Gulf Stream Lumber Yard, and one fOr the other small businessmen on the block). Mr. Barr informed Mr. deLong that part of their property is zoned C-3 and part is R-2. Mr. deLong questioned whether he was having a problem operating in the C-3 area. Mr. Barr replied that what he does is M-1. He is grandfathered in, but if he tries to sell the p~operty, it is worthless. Mr. Barr told Mrs. Huckle and Mr. Annunziato that the entire building on the corner, which has six bays and is 6600 square feet was zoned useless by this City. He indicated the property and said the! City saw fit to zone it R-2 as a duplex. It is not.a duplex, it is not zoned in accordance with existing land use, and Mr. Barr stressed that he cannot do anything with it. Mr. Barr reiterated it was a double set of standards, which he did not think was right. He concluded by saying all of the other business owners on the block agreed with him. He pointed to a man in the audience and indicated on the overlay the two lots owned by the man. Mr. Barr told Chair- man Ryder that the man, basically, is in a non-conforming use. He reiterated that 'the property was M-1 since he could remember, and along came a plan that changed everything. They didn't even get the notice they were supposed to get with their water bill. He never saw the notice that it was changed. All of a sudden he had nothing. Mr. Barr repeated that he cannot sell his property or do anything with it. M!r. deLong asked if the property was changed as a result of the Comprehensive Land Use Plan. Mr. Barr replied that the MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 entire area was changed by the Comprehensive Land Use Plan. He recalled that Mr. Annunziato pointed out everything they were changing. Mr. Annunziato skipped over his area, and Mr. Barr recalled Mr. Annunziato said it would be residen- tial, but he did not say anything about existing Land Use. Mrs. Annunziato reminded Mr. Barr that it was not that simple, and they went through many, many public hearings. Mr. Annunziato asked Mr. Cannon to point out the C-3 zoning north of 10th Avenue. Mr. Barr adamantly informed him that there is no C-3 zoning north of 10th Avenue and said the City will not allow a permit. He said the old zoning was M-1 when he purchased the property prior to 1975. Mr. Annunziato said it was zoned C-3 in 1975. Mr. Barr said he did not even get a notification of that. In 1979, Mr. Annunziato said there was a recommendation that it be changed again, but it was never implemented. In fact, there is ia conflict between the Comprehensive Plan and the zoning. Mr. Annunziato told Mrs. Huckle the Council was given two opportunities, but they would not implement the change. Chairman Ryder said the Board would not be able to resolve Mr. Barr's problem tonight. Mr. Barr referred to the area purchased by Gulf Stream Lumber Yard which used to be C & C Window Screen, Sylvia's Ceramics, and Walt's Automotive and asked if it had been approved for that. Mr. Annunziato answered that the Building Official concluded that the uses were similar. For example, where he is assembling doors, a door and window assembl9 use was there. Therefore, the use was grandfathered. Mr. Annunziato believed the use of the buiil~ing walt's occupied is now for automotive repair, which also is the same. In effect, they just occupy existing uses. Anthony Mignano, 2404 S. W. 4th Street, said his place was M-1 and was changed to C-3. About three years ago, he was told he could not put a garage there because it was C-3. On the west side of the railroad track is industrial, and the south is industrial. Mr. Mignano asked why his property could not be industrial. Now, Mr. Mignano said they want to put single family resi- dential into commercial. His land is along the railroad track, but nobody can do anything with it if it stays C-3. With M-l, they could do anything. Chairman Ryder advised that the Board was not prepared to consider anything except what was on the agenda. If they are going to rezone residential to commercial, Mr. Mignano asked why they do not also rezone commercial to M-1. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 AS no one else wished to speak in opposition, Chairman RYder announced that THE PUBLIC HEARING WAS CLOSED. Motion In looking at the request and going down through the neighborhood, Vice Chairman Trauger thought this was a mild request for rezoning. Therefore, he moved that the request for amendment to the Future Land Use Element of the Compre- hensive Plan and the rezoning from R-2 Single and Two Family Residential to C-3 Community Commercial be approved. Mr. deLong seconded the motion. If they go with this, Chairman Ryder said it would not settle the problem for the other people who live in the area and probably would not settle the problem for Gulf Stream. He agreed with the recommendation of the Planning Director that they should treat this in its entirety rather than to go along with this one instance. Then they would get a more complete picture of what should be done. Chairman Ryder agreed there is a degree of deterioration but said they were talking about extending the possible permissive uses in a lumber yard, so they did not know what would happen once the zoning was changed.~ He thought they should look at it from the standpoint of the entire area and come up with something that possibly would be more proper for everybody involved. It was Chairman Ryder's opinion that this was not the way to go. Within a year or so, when they look again at the Compre- hensive Plan, Vice Chairman Trauger asked if they would not be able to resolve the rest of this problem correctly and the problems the other gentlemen mentioned tonight. Mrs. Huckle asked when they might anticipate the possibility of having a change in the Comprehensive Land Use Plan for a total C-3 of the neighborhood if the Council prefers it and wondered if a year was not a little soon. Mr. Annunziato replied that two avenues were appropriate. One proposal would be through the Evaluation Appraisal Report to take the area, study it, make a comparison to the existing plan, see if the plan is sufficient in that area, and, if not, recommend remedies. Mr. Annunziato said that process can only occur if the City Council decides to go forward at this point with the Evaluation Appraisal. As a part of the new legislation, local government is given the opportunity to adopt the E & A in connection with the new Comprehensive Plan and, in effect, put off the adoption of the E & A until January 1~ 1988. It does not prohibit local - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 government from going forward and completing the E & A, and Mr. Annunziato recommended that they do that because of the money and time invested but, if they do that, it would constitute one of the plan amendments. Secondly, if they complete the E & A, Mr. Annunziato said within one calendar year of the adoption of the E & A, they would have to imple- ment through plan amendments, or whatever they call out, for changes in the E & A. The second and probably the quicker proposal would be for the Council to instruct the Planning Department and the City Manager to prepare an Application for a Land Use Element Amendment and Rezoning for itself, process the application through the procedure they were following now, combine it with a twice a year plan amendment, submit it to the State, get back their comments, and then adopt the changes. That process would probably take as long as this process because Mr. Annunziato could not imagine that this process would go forward until probably Spring. Another decision Council will have to make is how many times a year and what times of year they intend to amend their plan. They will have to set two dates, and Mr. Annunziato said staff will have to work back ninety days at a minimum, in which all materials will have to be forwarded to the State, and work through the public hearing processes. It has gotten very complicated, but it appeared to him that the latter of the two proposals would be quicker than Evaluation and Appraisal Reports. Mr. Annunziato said they were still talking about eight or nine months. Looking to the future, Mr. Pagliarulo thought it was in- evitable that it was just a matter of time until all of this would go C-3. He could sympathize with Mr. Romano that it may not be the proper procedure but said they could not do things exactly when they want to do them. Financially, people can be restricted. Mr. Pagliarulo reiterated that he felt it was the only way to go. At the request of Mr. deLong, Mrs. Ramseyer read the motion. She then took a roll call vote on the motion, as requested by Chairman Ryder. The vote was 3-4, and the motion was DENIED. Mr. Wandelt, Chairman Ryder, Mrs. Huckle, and Mr. Winter voted against the motion. Mr. Annunziato announced that this would be the subject of the public hearing at the City Council meeting on Tuesday, September 17, 1985 at 7:30 P. M. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 ABANDONMENT Project Name: Agent: Owner: Location: Description: Gulf Stream Lumber Company, Inc. Jim Terhorst Gulf Stream Lumber Company, Inc. S. E. 2nd Street, south of S. E. 12th Avenue Request for the abandonment of a 50' street right-of-way (S.E. 2nd Street) between S. E. 12th Avenue and the dead end Mr. Golden said this request was being submitted in conjunc- tion with the above request. The right-of-way abuts property owned by Gulf Stream Lumber to the east, south, and west, with the exception of a 50 foot portion of the right-of-way at the southwest corner of S. E. 12th Avenue and S. E. 2nd Street. Mr. Golden referred to the property under separate ownership and said, as a result of that, the applicant could not abandon one-half of the right-of-way, so if the abandonment request is approved, it would be for that portion of the right-of-way south of the property on the corner, which would be about 250 feet in length. A memorandum from Mr. Cannon, dated July 30, 1985, addressed this issue. Mr. Golden read the City Engineer's Memorandum of August 30, which recommended that the abandonment provide for the requested easement by Florida Power & Light Company. He also read the Memorandum from the Director of Utilities dated August 7, 1985, which stated he would have no objec- tion to the request if the applicant abides by the terms of its letter of August 6, 1985. James I. Terhorst, Executive Vice President, Gulf Stream Lumber Company, 1415 South Federal Highway, thought the request stated what they would like, since they own both sides of the property. As the condition now exists, he said there is a water problem. In addition to the water problem, the premises are exposed to people coming in and dumping and throwing things on the property they own, and they spent a lot of time and money taking it off and keeping it in good housekeeping condition. Mr. Terhorst said they would like to enclose it with a fence and secure it. Mr. Terhorst also stated that they were approached on every instance to buy the properties they acquired because the people could not sell it to anyone else. At the time they bought the property, they really did not need it, but they bought it so the condition would be stabilized rather than deteriorate further. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Annunziato said it has been the City staff's position in many abandonment applications that they should not abandon one-half of a street. Obviously, both sides of the street serve property at S. E. 12th Avenue and S. E. 2nd Street, and the City staff recommended that the north 50 feet not be abandoned and that it be squared off. Mr. deLong asked if that was because of the corner house. Mr. Annunziato pointed out that there is a warehouse on the southwest corner of S. E. 12th Avenue and S. E. 2nd Street, and that part of S. E. 2nd Street serves that warehouse to some extent. The person has some access rights. Mrs. Huckle asked if the shaded area indicated 1/2 of a street abandonment. Mr. Annunziato replied that it did, but City staff was suggesting that portion of it was inappropri- ate for abandonment. In the event this continued to be zoned R-2, Chairman Ryder asked if Mr. Terhorst would still want to see the street abandoned. Mr. Terhorst answered affirmatively and said it would help to secure their properties. They would proceed with the water lines as they indicated in their letter. If it is abandoned, Mr. Annunziato informed Chairman Ryder that it would not preclude development, but he suggested there was some further answer than what currently exists. Mr. Wandelt requested Mr. Cannon to point out that it should continue all of the way across and not be just 1/2 of the street. Mr. Cannon indicated on the overlay what the appli- cant was requesting. Chairman Ryder was aware that the request was for the entire 50 feet except for the corner, but he wondered what you do with R-2 property on an abandoned street. That was Mr. Annunziato's point, and he added that they might be predetermining the outcome. In a sense, Chairman Ryder said they would be making Gulf Stream Lumber a gift of the 50 foot width with no other thought in mind as to what they are going to do with it, in the event they succeed with the rezoning. If the right-of-way were abandoned now, Mr. Annunziato said the C-3 zoning line would move to the east 25 feet, and the R-2 zoning line would move to the west 25 feet, and, in effect, you would get a land use conflict of what would be the center line of the street because the zoning would flow to the property that is abandoned. Mr. Terhorst asked who would use the street and added that no one uses it at all. There are all kinds of problems with the water that accumulates there. Mr. Terhorst asked if the - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Board wants them to exist with a condition that is impossi- ble. He said they would have no objection to cutting off that extra 50 feet that Mr. Annunziato was speaking about. That would take the corner out, so they could put a fence around their property, which was all he was really looking for. Chairman Ryder asked if anyone else wished to speak in support of the request. Robert Allen, Vice President of Gulf Stream Lumber Company, and a resident of Boynton Beach, clarified that it was their intention that the entire street be abandoned. The portion of 25'x50' would become Gulf Stream Lumber Company's and the other portion would become the property of the people who own the six bay warehouse. Mr. Allen did not believe the City would gain anything by having a dead end street running 50 feet, assuming the rest of the street were abandoned. He thought the best solution would be to have the entire street abandoned. Mr. Annunziato advised that the legal description that was prepared and advertised did not reflect that. He said that would have been an answer because he felt the owners of the property would probably have agreed to an abandonment. Mr. Allen reiterated that it was the intention, and there was a miscommunication between them and the City in the proper way to apply for the abandonment of that street. He further stated that, in addition to the rezoning of the property and the abandonment of the street, they intend to apply through the proper channels for a conditional use for a lumber yard, which has always been their position. Mr. Allen felt Mr. Annunziato was aware of that. Chairman Ryder asked if anyone else wished to speak in favor of the request, and there was no response. He asked if any- one wished to speak in opposition to the request. Mr. Roger Barr, who owns a business further down, on the other side of S. E. 12th Avenue, said if they recommend the abandonment of the area, they will be forcing the issue of what becomes of the R-2, as Mr. Annunziato just said. If thay abandon this, Mr. Barr asked how it could be developed as R-2. As no one else wished to speak in opposition, THE PUBLIC HEARING WAS CLOSED. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Chairman Ryder wondered if it might hinder what the City might want to do in the future, and he thought the request should be denied at this time along with the original request for rezoning. Mr. deLong thought it had already been pointed out that a reapplication is in order. Mr. Annunziato told Mr. deLong it was not improperly advertised, but Mr. Allen suggested it was their intention to include a description for abandonment which included the 25'x50' width which was not included. Mr. Annunziato called attention to the long "dog leg" and recommended that the north 50 feet not be included if it is abandoned because the property owner to the west retains access rights to that half of the right-of-way. Mr. deLong thought he heard Mr. Annunziato say that would have solved the problem. Mr. Annunziato said it would have solved the problem of the 50' and 25' if that was taken off. Vice Chairman Trauger asked what the impact would be if the Board approved it minus the 50 feet. Mr. Annunziato replied that then the impact would relate more to zoning than to access. The impact would be that the two zoning categories would be divided at the center line of the street. One would have to address the ability to develop that property in the R-2 zoning classification and whether it would make sense. Mr. Annunziato also thought the comment made by Chairman Ryder as to whether it may tie hands in the future was pertinent. He agreed it dictated an outcome but added that it did not cement an outcome. Motion Mrs. Huckle moved to DENY the application for abandonment, seconded by Mr. Wandelt. The motion carried 5-2 with Messrs. Pagliarulo and deLong voting against the motion. The application for abandonment was DENIED. Chairman Ryder declared a recess at 9:05 p. M resumed at 9:15 P.M. ' The meeting ANNEXATION Project Name: Agent: Owner: Location: Description: The High Ridge Center Roy O. Barden Max Schorr, Trustee Southwest corner of High Ridge Road and Miner Road Request to annex a 10.84 acre tract of land - 20- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Annunziato paraphrased from his memorandum dated August 27, 1985. With respect to page 3 of his memorandum regarding the surrounding land uses, Mr. Annunziato said High Ridge Commerce Park, Boynton Beach Distribution Center, the Florida Pneumatic building, and the 3000 Industrial Building are to the east. To the south is the Boynton Beach Park of Commerce, and an undeveloped R1AAA tract of land is to the southwest. To the west is an unincorporated RS tract, and west of that is the Boynton Beach Park of Commerce again. To the north is the High Ridge Country Club property. With respect to the second Comprehensive Plan policy, Mr. Annunziato attempted to arrive at some conclusions as to the assessed value for the land and building, and he referred the Board to the page attached to "Exhibit B" of his memorandum, entitled "Municipal Taxes". He drew atten- tion to the comments by the staff on "Cost Anticipated to Serve" and said none of the staff determined that there would be a need for an increase of personnel as a result of the annexation. Mr. Annunziato read the staff comments from the Utility, Public Works, Building, Police, Planning, and Fire Depart- ments. With reference to the comment from the Planning Department, Mr. Annunziato said that portion of Miner Road adjacent to the northern property line joins two remaining undedicated parcels of Miner Road between High Ridge Road and Congress, and they are hoping to close that gap. The letter from the County Planning Department, dated August 28, 1985, said, based on the category of R-1AAA which was sought, they would have no comments. When and if there is an application to put in an industrial category and a Planned Industrial Development, Mr. Annunziato suspected the County Traffic Engineer would be involved. Mr. Annunziato said staff recommended that the land be annexed and that the land use be applied as low density residential and that the zoning be applied as R1AAA. He added that this annexation was one of those that would have to be grouped and addressed by the Council in connection with the twice a year Comprehensive Plan amendm ef" ' ' ent procedure and would not be mectlve until such time as that process is completed. This process could take from six to nine months to be completed. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Annunziato informed Chairman Ryder that this parcel would be along the south of the Park of Commerce, which is zoned PID. The Park of Commerce now dominates, and will in the future, dominate land uses in the area. The problem with this application, in terms of the appropriate land uses, is that the only appropriate land use of zoning would be the industrial use and the PID zoning. Mr. Annunziato said the City's zoning uses will not permit a PID at 10.8 acres. The minimum lot area is 25 acres. He thought the applicant had a strong case to seek a variance to the lot size because, obviouslY, this is just an extension of the Boynton Beach Park of Commerce. Mr. Annunziato thought there was a fair chance of the applicant receiving the variance. With the variance in hand, he said the appli- cant can come back through this process without annexation and put the land in the category where it more appropriately should be. Mr. Annunziato recommended to the applicant that it would not be appropriate for it to be zoned M-1 because of the lack of control there is in M-1 parcels and the fact it is adjacent to a PID and residential zoned property to the north. Mr. Annunziato informed Mr. delong that the presently zoned R1AAA property to the south is vacant, undeveloped, and will likely be a PID category in the future. He told Mrs. Huckle the other part of the property which is not in the city and not in the application is not owned by the applicant. Also, this property owner does not have an interest in the Boynton Park of Commerce. Mr. Annunziato advised Mr. deLong that the County pocket and the pocket of R1AAA would likely change upon application. They are owned by the estate of one individual. However, to the best of his knowledge, they have not chosen to come forward with any land development programs. Mr. Annunziato told Mr. deLong the property directly to the north of this on High Ridge Road is zoned RS, and he believed it was a horse farm. To the northwest, it is zoned R1AA, and it is the property which surrounds the High Ridge Country Club. Roy Barden, Landscape Architect, The Roy Barden Planning Group, 5908 Colony Court, Boca Raton, Florida 33433, agreed with the staff comments and said they are seeking annexation to the City as a logical extension for the future light industrial development of that area. Although they do not have ownership of the property to the west, he understood from those owners that, eventually, they will come in also, so then there will be PID zoning from High Ridge Road west - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 to the canal. This 10.8 acre site is a logical extension of the land use and the circulation and usage of the area. Mr. Barden stated that obviously, single family is not the appropriate use you would want to see in this area, and the owner, therefore, was seeking the future PID. The process outlined by Mr. Annunziato was quite acceptable to the applicant, and Mr. Barden said they were ready to proceed with that. They would like to speed it up because they started their process quite early, and they were not antici- pating an October 1 change in the local planned amendment process. If they cannot speed it up, Mr. Barden stated that they were willing to abide by the procedure. He told Chair- man Ryder they had been discussing the new State Statute with Mr. Annunziato. Mr. Annunziato advised that on October 1, there would be significant changes in the way local governments do their planning. With public hearings on a variance request, Mrs. Huckle commented that it would not be possible to get them through by October 1. Mr. Annunziato agreed and pointed out that you could not adopt the Ordinances before December. He added that the key is you cannot adopt an amendment. Mr. Barden showed the 10.84 acre area, which is across from the M-1 project. The future Miner Road right-of-way discussed by Mr. Annunziato was shown on what will be their master plan once they get into the actual rezoning of the PID. Mr. Barden said the owner agreed to dedicate the right-of-way. The warehouse buildings across High Ridge Road, which Mr. Annunziato identified as a cost comparison, are the kinds of light industrial warehousing the applicant would anticipate on this property, once it has been zoned PID. Mr. Annunziato thought it was interesting that it was being sought to annex the portion of High Ridge Road adjacent to this property. The interesting thing about it was the right-of-way this owner dedicated to the City was located in the unincorporated County. In the next two months, Mr. Barden said they will be bring- ing in more Park of Commerce concepts to the Board. Chair- man Ryder recalled that Mr. Barden also represented the Park of Commerce. Mr. Annunziato informed the Members that the Park of Commerce has been sold. The concept remains the same, but it is their initial plan to construct a golf course through the middle of the Park of Commerce and to front the office and industrial sites on the golf course. Mr. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Annunziato suspected it would be coming before the end of the year. Mr. Barden commented that it will provide a beautiful added amenity to the Park of Commerce and will not be competing with the much larger golf course north of Miner Road. As no one else wished to speak in favor of the application and no one wished to speak in opposition to the application, THE PUBLIC HEARING WAS CLOSED. Mr. Wandelt moved to approve the request for annexation, subject to staff comments, seconded by Mr. Winter. Motion carried 7-0. LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Owner: Location: Description: The High Ridge Center Roy O. Barden Max Schorr, Trustee Southwest corner of High Ridge Road and Miner Road Request to show annexed land as Low Density Residential and to rezone from RS (Residential Single Family) to R-1AAA (Single Family Residential), in order to request future rezoning to PID (Planned Industrial District) Mr. Annunziato said the Chairman described the request and the comments he made previously still stood. Mr. Winter asked if the request (outlined in the above "Description") should not be "to rezone to R-1AAA" PERIOD and questioned whether the other was pertinent at this time. Mr. Annunziato agreed that the request was as Mr. Winter said and explained that the other allows it to be in the City. Chairman Ryder clarified that they were changing it from the County's designation to the City's designation. Mr. Barden had no further comments and agreed with the staff recommendations. Chairman Ryder asked if anyone wished to speak in favor or in opposition to the request, and there was no response. THE PUBLIC HEARING WAS CLOSED. Mr. deLong moved that the request be approved, subject to staff comments. Mr. Winter seconded the motion, and the motion carried 7-0. - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 ANNEXATION Project Name: Agent-. Owner: Location: Description: City of Boynton Beach Public Rights-of-Way Annexation City of Boynton Beach Palm Beach County Varies Municipal annexation of public rights-of- way located in unincorporated areas adjacent to city limits Mr. Annunziato said there had been talk among City staff for some time about incorporating public or canal rights-of-way, as the case may be, which should be in the City and are not in the City. The basis for the request revolved mostly around squaring off the corporate limits and making it less confusing for how safety people respond in cases of emergency. There are situations where 1/2 of a road is in the City and 1/2 is in the County. For an example, there may be an accident, and a determination would have to be made as to whether it should be investigated by the City, County, or State Troopers. With emergency r,escue, the same thing happens. Mr. Annunziato asked, "What ambulance do you call?" Del-Trail would like the City to respond. At some cost in terms of dollars, Mr. Annunziato said the City would like to clear up some of the confusion that currently exists primarily in terms of responding to emergencies. He called attention to the City departments that would be most affected (!Recreation and Parks, Public Works, Police, and Fire) and :said they felt only two of the Comprehensive Plan policies were applicable. There are no issues relating to land use and zoning because no land and development rights are involved. For the record, Mr. Annunziato said the location of the rights-of-way were as follows: %1 was adjacent to the area behind Neptune Drive and behind Rel, Inc. %2 is at Old Dixie Highway and Gulfstream Boulevard and picks up the intersections adjacent to the incorporated areas. %3 is a portion of U. S. 1, adjacent to Sun Wah and the new shopping center which was recently built. The intent here is to square off the corporate limits from Sun Wah westerly and to pick up the area in front of the shopping center. is a little piece of A1A in front of the Bank of Palm Beach. Mr. Winter read %s 5 through 10 from the Memorandum dated August 28, 1985 from Sgt. William Galbraith of the Police Department. - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 With reference to ~10, Mr. Annunziato said the intent is to pick up all of Hypoluxo Road adjacent to the corporate limits. After they advertised this and talked about it some more, Mr. Annunziato said it seemed to the City staff that they should have included all of Hypoluxo Road. If this process was found to be acceptable, staff felt they would like to come back with another application and pick up some of the holes that might have been left by this application. Mr. Winter then read ~11. Mr. Annunziato added that the street rights-of-way were forwarded to the City Council for their review, and they referred it to the Planning and Zoning Board for review, comment, and public hearing. For the record, Mr. Annunziato said there will be increased traffic control costs, as outlined in the Memorandum from the Police Department dated August 28, 1985. Also, the Memorandum of August 23, 1985 from Warren Shelhamer, Street Supervisor, Public Works Department listed cost impacts, which Mr. Annunziato read. The City staff recommended annexation, given the clarity which will result from the annexation and the City's ability to serve the citizens. In one instance, Chairman Ryder noted they would go out to Lawrence Road and he wondered why. Mr. Annunziato informed him it is in the City. Chairman Ryder asked if anyone wished to speak in support or in opposition to the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle saw in the paper that Delray Beach planned to annex its pockets, which is different than annexation of rights-of-way. However, the article mentioned they would have to go to referendum, and she questioned if there was such a requirement for annexing rights-of-way. No property owners are being impacted, so Mr. Annunziato said no referendum is required. As it would be an expense to the taxpayers to maintain roads, Mrs. Huckle wondered about a referendum. Mr. Annunziato did not think it would have to go to referendum because the referendum process is to try to find people opposed to the annexation, and there are no property owners to object to it. Mr. Annunziato believed the issue of maintenance was one the City Council could probably assume themselves. Very often, rights-of-way are annexed as a part of annexation, even - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 beyond the limits of being adjacent to real property. This annexation did make sense to the City's public safety people and maintenance people. Vice Chairman Trauger moved to approve the municipal annex- ation of public rights-of-way located in the unincorporated areas adjacent to the city limits, seconded by Mr. Winter. Motion carried 7-0. SUBDIVISIONS PREAPPLICATIONS Project Name: Agent: Owner: Location: Description-. Catalina Club - Commercial Development Joe Torano, P.E. Walboyn, Inc. West side of Congress Avenue, south of N. W. 22nd Avenue Request for approval of subdivision pre- application, which includes a replat of the previously platted Phase 1 of Congress Lakes, to allow construction of a hotel and an office/retail complex plus three (3) out parcels Mr. Golden reminded the Members this was previously known as Congress Lakes. The property was rezoned in March, 1985 from Planned Unit Development to C,3 for the purpose of constructing a hotel and retail/office uses. The Technical Review Board recommended approval of the application, and there were no staff comments. Mr. Golden said the property comprises the southeast portion of the Catalina Club PUD. To the east, across Congress Avenue, is the Motorola PID, and to the south, across the Boynton Canal, is the Boynton Beach Mall. Access is from three points: (1) By an entrance road parallel to the Boynton Canal at the southerly property boundary; (2) the existing main entrance road located approximately 800 feet north of the Boynton Canal, across from the Motorola entrance; (3) an entrance roadway at the northern property boundary approximately 600 feet south of N. W. 22nd Avenue. The property was previously platted, and underground improve- ments have been constructed. An existing master lift station is on the property, and adequate utilities are available both on and off site to serve the proposed development. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Cannon told Vice Chairman Trauger the southernmost major parcel probably will be used for the hotel. Mr. Golden explained that this is the preapplication, and they will have to be more specific about locations on the master plan and site plan. Debra Turner, R. W. Sheremeta Associates, Consulting Engineers, 101 S. E. 6th Avenue, Suite F, Delray Beach, informed Mr. Wandelt that only two apartment buildings were originally planned, and they will be incorporated into the hotel complex. Mrs. Huckle asked if the Melear property is a part of this parcel, and Mr. Annunziato answered, "No." Mr. Annunziato referred to the location map and said everything darkened in was the Catalina Club. The area in diagonal lines was a chunk out of Catalina and rezoned to C-3. The remainder was again zoned to Planned Unit Development to accommodate a new master plan. It was all Catalina, but now there are two different owners. Mr. Golden advised that C & R Develop- ment Company owns the shaded area which is not cross hatched. Chairman Ryder reminded the Members that at the time this change was approved, neither the City Planning Department nor the Board-was-- too happy about it. However, it was rezoned. The feeling on the part of some of the Members at that time was that since it was opposite Motorola, and with the Mall, the Promenade, and Savannah Square, it was not the way to go. Ms. Turner advised Mr. deLong that a convention center is part of the hotel. Mrs. Huckle was informed that the hotel will have 250 rooms. Tom McMurrian, of Ocean Properties and Walboyn, agreed with Mrs. Huckle that all of this would be spelled out better the next time they come before the Board. He told Chairman Ryder that right now, they are talking to different people and do not have any tenants signed up. A lot of banks and that sort of thing are interested in the location. As they stated before, they do not have any idea for any filling stations. Mr. Pagliarulo moved to approve the preapplication, seconded by Mr. Wandelt. Motion carried 6-1 with Chairman Ryder voting against the motion. e Project Name: Agent: Owner: Waterford Village Mark Shaeffer, P.E. Harry Moshen - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Location: Description: U. S. Highway One at S. E. 23rd Avenue, east side Twenty, one unit, two story condominium subdivision Chairman Ryder commented that this is between Gentleman Jim's Restaurant and the Intracoastal. Mr. Golden said the units will have two stories, be attached, and have an out- door swimming pool. The Technical Review Board recommended approval, subject to staff comments. Mr. Golden informed the Members that the proposed sub- division will be north of Hampshire Gardens. The rear property boundary abuts the Intracoastal, and mangroves addressed by the Urban Forester in his memo of September 3, 1985, are located near the applicant's property. Access will occur by way of a private entrance driveway situated between Gentleman Jim's Restaurant and Hampshire Gardens located approximately 180 feet south of the inter- section of Federal Highway and S. E. 23rd Avenue. Mr. Annunziato explained to Mrs. Huckle that a leg of this property extends all the way to U. S. 1. There was dis- cussion about a right-of-way. Mr. Annunziato advised Mr. Winter that this is not a roadway but an extension of the fee simple land. Vice Chairman Trauger wondered what it is zoned now, and Mr. Annunziato replied that it is R-3. Mr. Golden read the staff comments from the Building, Utilities, and Planning Departments and the memo from the Forester/Horticulturalist. As there is access to the man- holes, he said there was a discrepancy in the memorandum from the Utilities Department. Mark Shaeffer, Strock Engineering Associates, Inc., 355 N. E. 5th Avenue, Suite 5, Delray Beach, Florida 33444, informed Mrs. Huckle that the planned single story unit is immediately to the right of the circular median in the center of the parking lot. The owner plans to use it as a community clubhouse. Mr. Shaeffer was aware of the staff comments and told Mr. Annunziato he found no fault with complying with them. Mrs. Huckle asked if the units would be for sale or be rentals. Mr. Shaeffer answered that they would be for sale, but he did not know the selling range. There will be exposed parking. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. deLong wondered if any stipulations were made with regard to the soil test. Mr. Annunziato explained that it was included for the City staff's information. When it comes time to build, it will have to be provided to the Building Official in connection with the construction of the units. Apparently, the staff read the report and accepted the results, as they had no objections to it. Mr. deLong thought it would be incorporated in some comment by the staff because they talked about additional soil borings, etc. in the future and because of what the soil report indicated. Mr. Shaeffer said it was covered by the Building Department,s request for additional information. He believed the Build- ing Department felt what was supplied to them with regard to the end unit would be applicable to the other units as well. Mr. Winter asked how close the nearest building will be to Hampshire Gardens. Mr. Shaeffer understood that the ingress/egress easement is laid up against the north edge of the paved parking and is not going to interfere with the existing parking. He informed Mr. Winter that there is an asphalt drive on the north side. Mr. Wandelt moved to approve the preapplication, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. MASTER PLANS Project Name: Agent: Location: Description: Lakeside (Blum Property) D. M. Ambrose Associates, Inc. North of Old Boynton Road, east of N. W. 10th Street Request for master plan approval for a 6.26 acre twenty-four lot single family subdivision Mr. Golden said the proposed subdivision is located on the east side of N. W. 10th Street, north of the intersection of Old Boynton Road and N. W. 8th Court. He reminded the Members of the abandonment request they granted for N. W. 10th Street in favor of N. W. 9th Court, which will result in a less hazardous traffic situation. Access will be by way of N. W. 9th Court. The Technical Review Board recommended approval, and Mr. Golden read the staff comments from the Building, Fire, Engineering, Utilities, and Police Departments. D. M. Ambrose, p. E., D. M. Ambrose Associates, Inc., 6190 North Federal Highway, Boca Raton, Florida 33431, - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 advised that they are relocating a 16 inch force main located in the N. ~. 10th Street right-of-way to N. W. 9th Court, per the Utility Director,s request. Mr. Ambrose referred to the memorandum dated September 4, 1985 from Bob Donovan, Chief Plans Review Inspector, Building Department, and thought it was because Lots 15 and 17 on N. W. 9th Court are corner lots and could be fronting on either N. W. 9th Court or the cul-de-sac. If that was:correct, Mr. Ambrose said it would mean they would have the potential there for two 25 foot setbacks. Since the 25 foot setback is a front setback, he questioned how they could have two front setbacks. When they reverse a corner like that, Mr. Annunziato said the frontage on Lot 16 will be to the east. The setbacks on the lots to the north and the south have to reflect 25 feet. It just so happened that the corner lots were what City staff would prefer. With reverse corners, they will need to have 25 foot setbacks on both the east/west streets and the north/south streets. Otherwise, the houses on the north and south would stick out further than the house in between. Mr. Ambrose presumed Mr. Annunziato was saying it would not matter which street it fronted on. Mr. Annunziato answered that they must have 25 foot setbacks for the northernmost lot, which is Lot 15, and for Lot 17, which is the southern- most lot. They must have frontage to the south and also to the east. Mr. Ambrose commented that it would really restrict the size of the homes they can put there, and they are already working on a minimum budget. Other than that, they would have no problems. With reference to the 3rd comment in the Memorandum dated SePtember 4, 1985 from Tom Clark, City Engineer, he said the enlarged plan does show sidewalks on both sides of the street. Mr. Winter moved that the master plan be approved, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. Project Name: Agent-. Owner: Location: Description: Costa Bella (Colodny Property) D. M. Ambrose Associates, Inc. Les Colodny North of Old Boynton Road, west of N. W. 10th Street Request for master plan approval for a 3.54 acre thirteen lot single family subdivision - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Golden said the Technical Review Board recommended approval, subject to staff comments. He said the property is slightly to the northwest, across the right-of-way for N. W. 10th Street from the Blum property. Mr. Golden told the Members the current plan is called the simultaneous development of the Colodny and Blum properties. However, if the Blum property does not develop, the Colodny property will be developed on its own. Access will be by way of N. W. 9th Court, if the Blum property is developed. In the event the Blum property is not developed, Mr. Golden said N. W. 8th Avenue will provide the primary means of access. Utilities are available to serve the subdivision. Mr. Golden read the staff comments from the Building, Engineering, and Utilities Departments. D. M. Ambrose, P.E., D. M. Ambrose Associates, Inc., 6190 North Federal Highway, Boca Raton, Florida 33431, understood the comment by the Building Department would be for the same reason discussed under "MASTER PLANS, %3 Lake- side (Blum Property),, He knew it was an Ordinance and there was nothing he could do about it. Mr. Ambrose said it would restrict the lot rather drastically. Mr. Ambrose stated that they have difficulty with comment %4 in the memorandum dated September 4, 1985 from Tom Clark, City Engineer, and he will go back to Mr. Clark. He said they are to extend the road to the northern extremity of the property. Mr. Ambrose told the Members that (1) it would be an economic hardship; and (2) there is no road at that corner coming from the east, and there would still be dirt, so there is no immediate benefit to extend the asphalt to the north end of the property. Most important was the next sentence in Mr. Clark's 4th comment, which Mr. Ambrose read, as follows: "Ten feet of R.O.W. to be obtained from the property to the east if possible., Mr. Ambrose did not know what the owner's inten- tions of that piece of property were. Once they said it would be understood that he would have to give it up when he developed the property. If they were not able to purchase it or did not choose to purchase it, Mr. Ambrose said the street would have to be offset from the central line of the street they are going to construct. They were going to center the road in a 50 foot right-of-way, and they would have to offset it if they are not able to purchase the right-of-way. There is an existing 40 foot right-of-way, - 32- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 and Mr. Ambrose added that it would not be the proper thing to do. Mr. Ambrose said he is going to talk to Mr. Clark because he thought it really was not required that they purchase the property. He thought he could say rather positively that the adjacent property of Mr. Blum will go hand and glove with this and parallel with it in a construction mode, so there will be two access points to the property from N. W. 9th Court and from the new road to the Blum property. Other than that, they will have no problems. At the Technical Review Board Meeting, Mr. Golden gathered that the City Engineer indicated it was standard policy to extend and improve rights-of-way to the limits of the property proposed for development. Mr. Annunziato referred to the Environmental Control's theory, which provides for the extension of water mains to the limits of one's frontage. If one can employ that theory to the roads, then you would extend roads to the limits of your property so that the next developer can pick them up and extend them to the limits of his property without it being a hiatus. Mr. Annunziato said that was one possible interpretation of Mr. Clark's comment. Mr. deLong did not know why Mr. Clark wanted the roadway extended beyond the cul-de-sac. Mr. Annunziato explained that they are potentially tying it to a planned east/west road, which is parallel and adjacent to the property to the east, and it is part of the network or system that will be used for the property east of this developer's property. When that property is developed, Mr. Golden said the logical thing to do will be to continue that road along with the development of the unimproved right-of-way adjacent to the undeveloped property next to the Colodny property. If nothing else, Mr. Annunziato said it will enhance circulation in the future. To re~nforce what Mr. Annunziato said, Mr. Ambrose commented that they are extending the water network to the north and going around the corner to tie in for the very fact that there could be low pressure problems, and water pressure problems are always a consideration. Since this applicant has done about everything else, Mr. Ambrose suggested that the other developer dedicate the ten feet to the City. He thought the asphalt stopped approxi- mately 100 feet to the east down that road. Mr. Ambrose - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 told the Members this is a very difficult piece of land to develop and is an economical hardship of real concern because it is such a small project. Mr. Ambrose informed Chairman Ryder that sewer is already in the right-of-way, and there is some water. They are extending the water and are extending the sewer about 100 feet or so to get into the cul-de-sacs. At the "T" where 8th Street comes in, there is a lift station. They are picking up there and taking sewer both north and south and running water up around the corner. Mr. Ambrose said they are tying a six inch line into the line coming from the north. Because it was not necessary to support this project and because of the economics, Mr. Ambrose said he will go to Mr. Clark and try and talk him out of this, or he will have to say the same thing'to the City Council. Mr. Winter moved that the master plan be approved, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. PRELIMINARY PLATS Project Name: Agent: Owner: Location: Description-. Boynton Beach Distribution Center Ewing and Shirley, Inc. Boynton Beach Distribution 'Center Associates Miner Road at High Ridge Road, southeast corner Request for a replat of a previously platted subdivision to allow creation of condominium tracts Mr. Golden told the Members the Technical Review Board recommended approval of this request, and there were no staff comments. By letter of August 27, 1985 from Kent W. Ewing, P.L.S., Ewing and Shirley, Inc., 3767 Lake Worth Road, Suite 118, Lake Worth, Florida 33461, the applicant accounted for all of the staff comments which remained at the time of preapplication of the master plan review and approval. Mr. Golden added that access to the property is by Commerce Park Drive and Industrial Way to High Ridge Road. Mr. Ewing came forward, and Mrs. Huckle commented that the buildings on the property are very attractive. Chairman Ryder asked if this was something that was predicated on the - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 activity the mall will generate. Mr. Ewing answered, "No", and said they made a marketing decision, and the reason for the replat was to meet with the City Codes. Chairman Ryder was talking about the intended use. Mr. Ewing did not believe so; the buildings are existing, and he thought the Members would agree that it is a very nice development, which was handled beautifully. Mrs. Huckle asked if they have very many commitments for the buildings. Mr. Ewing believed there were quite a few and knew there were some potential sales of units. Nine build- ings are built, and eight are within the condominium. One went as fee simple. Mrs. Huckle remarked that there are several units in each building. Mrs. Huckle moved to approve the preliminary plat, seconded by Mr. deLong. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Boynton Lakes - Plat 3A Ric Rossi, P.E. Lennar Homes, Inc. East side of Boynton Lakes Boulevard south of LWDD Canal 19 Request for approval of construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve twenty-three (23) single family units in connection with a previously approved Planned Unit Develop- ment (PUD) Mr. Golden said the request is to separate the original Plat 3A in two phases to be a new platted 3A and Plat 3B. The original Plat 3A included construction plans for 128 units. The Technical Review Board recommended approval, subject to staff comments. Mr. Golden informed the Members that revised Plat 3A represents the southwest portion of the original Plat 3A. Utilities are available to service the units. When the original Plat 3A was approved by this Board, it was approved subject to staff comments, which included a comment from the City Engineer that a description of details for the private recreation facilities should be shown on the pave- ment and drainage plan. The revised Plat 3A did not include this, and Mr. Golden read the memorandum dated September 4, 1985 from John F. Wildner, Superintendent, Park Division, covering this issue. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Enrico Rossi, P.E.., Rossi and Malavasi Engineers, Inc., Forum III - Suite 407, 16785 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401-2179, said his firm prepared the plat and the engineering drawings. He added that they have been working with the City, are familiar with the comments, and he thought they forwarded the information to Lennar so they could answer a lot of the questions addressed by Mr. Golden. Vice Chairman Trauger moved subject to staff comments. and the motion carried 7-0. SITE PLANS to approve the preliminary plat, Mr. Winter seconded the motion, 1. Project Name: Savannah Square Agent: Bryan/Reynolds Architects Planners, Inc. Owner: Sybar, a development corporation Location: Congress Avenue at N. W. 22nd Avenue, northeast corner Description: Request for site plan approval to construct a 90,000 square foot office/ retail complex on 10.88 acres Mr. Golden said the complex will consist of six separate buildings and a restaurant overlooking a 150,000 square foot lake. The combined buildings represent a total of 90,000 square feet in floor space. The proposed site includes two out parcels, each approximately 1.15 acres in size, which will be developed at a future date. Excluded from the site plan is the area north of Savannah Square Boulevard, which must go through separate site plan approval. Mr. Golden continued that the six buildings are designated A through F and will have two stories, and will be silver gray stucco with tinted windows and blue/gray tile roofs. The restaurant will be of similar design construction. Landscaping meets Code requirements. Mr. Golden said the Catalina PUD lies to the west, Dos Lagos to the north, the Boynton Beach Park of Commerce PID to the east, and Motorola PID to the south. There are three means of access to the shopping center: Congress Avenue, N. W. 22nd Avenue, and Savannah Square Boulevard. Savannah Square Boulevard will also provide a future means of access to the Boynton Beach Park of Commerce PID when that property is developed. Utilities are available to service the shopping center. - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 The Technical Review Board recommended approval, subject to staff comments from the Engineering, Utilities, Police, Public Works, and Planning Departments, which Mr. Golden read. Mr. Annunziato drew attention to comment %7 in his memo of September 4, 1985 and said when the traffic impact study was submitted for this plan, there was no clear, major driveway which would have determined where the 100 feet would be. Because the configuration of the three surround- ing streets was balanced, Mr. Annunziato said the Planning Department determined if there was going to be a major drive, it would be on Congress Avenue, so the issue of extending the 100 foot throat from N. W. 22nd Avenue onto the property was inappropriate. Mr. Annunziato informed Chairman Ryder there will be continuous curbing. Mrs. Huckle asked how big the restau- rant will be, and Tom Mills, Agent for the Applicant, replied that it will be a minimum of 150 seats. To the east, Mr. Annunziato said there is a lake which separates this from the Boynton Beach Park of Commerce, and the design complements the site. He thought it would be very attractive both internally and externally. The stores are directed to the concourse area. Mr. Annunziato pointed out the open air service bays which are enclosed with garage doors so the dumpsters are not visible to the public. On the day for garbage pick up, the doors go up. Mr. Golden added that the restaurant will have a traditional dumpster pad. Mr. Annunziato showed the Members a rendering. Mr. Mills was familiar with the staff comments and said they were willing to work with the staff to make the necessary modifications. With reference to comment %4 in Mr. Annunziato,s memo, Mr. Mills said that will not be a problem, and they will make the modification to that so the restaurant will still face the lake. As to the memo from the Director of Public Works dated September 3, 1985, Mr. Mills said they understood from con- versations during the last couple of days, they will need 15 feet clearance for the dumpsters, which is not a problem, and they will make that modification. Mr. Mills continued that the major entry to the left of the site plan was previously clarified. The other items are relatively minor in nature, and he reiterated that they are willing to work with staff to make the necessary modifica- tions in line with the comments. - 37- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Chairman Ryder asked how they would separate the retail and office areas. Mr. Mills replied that it is totally retail commercial. He also had an item he wanted to correct in the preliminary reading, which was that it is all one story construction rather than two stories. Their main office is in the portion they were asking to be approved tonight. They will approach, the north parcel at a future date, and that will contain some office space, but the 90,000 square feet they are asking to be approved tonight is totall~ retail commercial and is totally one story construction. Mr. Mills informed Mrs. HUckle it will be like little shops. Mr. deLong asked What the composition of the roof would be. Mr. Mills answered that they are looking at a cement tile, and they will probably look at the blue/gray range and add color throughout the mall in the interior ways through awnings, banners, and landscaping. Mr. Annunziato asked that comment #7 in his memo of September 4, 1985 be deleted from the staff comments. He explained that Mr. Golden had not been aware of this. Mr. Mills asked that the comment from the Public Works Department be corrected, as they are raising the height for dumpsters to 15 feet. Mr. Annunziato advised that Mr. Mills can get that when he submits the plans for a permit. Mr. deLong moved to approve the site plans, subject to staff comments. Mr. Pagliarulo seconded the motion and the motion carried 7-0. , 2. Project Name: High Ridge Country Club Agent: Daniel O'Connel General Contractors, Inc. Owner: High Ridge Country Club, Inc. Location: South side of Hypoluxo Road, east of LWDD Canal E-4 Description: Request for approval of an amended site plan to allow for an expansion of the existing storage room at the High Ridge Country Club clubhouse Mr. Golden told the Members the storage room would be located at the southeast corner of the clubhouse building. The area of the proposed addition is approximately 861 feet, and the addition will be of stucco construction to match the existing clubhouse exterior. The Technical Review Board recommended approval of the request, subject to only Mr.one Golden staff comment, read the which comment, was from the Planning Department. - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Access to the existing clubhouse is provided by the entrance drive on Hypoluxo Road, just east of the E-4 Canal. With reference to the Planning Department's comment, Mr. Golden said the proposed expansion requires only two parking spaces. However, in lieu of previous additions to the building plus the additional two spaces required, the Planning Department would like to confirm that ample parking is available. John Geracter, General Manager of High Ridge Country Club, had no problem with the staff comment. They have 250 park- ing spaces which are more than ample for the club. The addition is nothing more than a storage room for tables, chairs, and things like that. Mr. Geracter informed the Members that the building will be completely screened or walled in with shrubbery so it will not be obvious from the- golf course. He told Mr. deLong the total membership is 250, and ten members are waiting at all times. Mr. deLong moved that the site plan be approved, subject to the staff comment. Mr. Winter seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Forum Shoppes None Robert K. Kessel Congress Avenue at Ocean Drive, northeast corner Request for approval of an amended site plan to allow for a reduction in office space and a change in parking lot configuration and access. Applicant also requests approval of a revised shared parking plan Mr. Annunziato said a statement made at the time the origi- nal plan was approved related to the location of the major drive with a 100 foot throat access, and it was predicated upon the County making a decision as to where the median cut was going to be. It was determined that the major access to the shopping center will be between Florida National Bank and the Bavarian House Restaurant because that is where the median cut on Congress is going to be. That was not where it was shown on the original site plan. Mr. Golden said the Forum Shoppes are south of and adjacent to the existing Winn-Dixie Shopping Center. The site plan was approved for the parking center, and a large portion of the center has been constructed. Proposed modifications to the previous parking lot plan include construction of an - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 underground parking area for the office building, a change from 90 degree to diagonal parking spaces, the addition of parking spaces near the northern property boundary, and elimination of parking spaces and existing curb cuts at the Bavarian House Restaurant and Florida National Bank along the main access road to the shopping center in order to meet the Code requirement Mr. Annunziato elaborated on. The applicant also submitted the revised shared parking plan. Mr. Golden stated further that access to the site will be provided by two entrances on Congress Avenue. One, where the throat is located, will be an the area where there is a median cut in Congress Avenue. There will be two access drives on Ocean Drive and two adjoining the Winn-Dixie park- ing lot. Mr. Golden said the Technical Review Board recommended approval of the request, subject to staff comments from the Forester/Horticulturist, Fire, Building, and Planning Depart- ments, which he read. Until 4:00 p. M. this afternoon (September 10, 1985), Mr. Annunziato pointed out that they were not sure they would be able to present this plan to the Board. As of last Friday, September 6, Mr. Annunziato said a determination was made by the City's legal staff that the out parcels, particUlarly Bavarian House Restaurant and Florida National Bank, if they suffer some damage to their property as a result of the interpretation of the cross/access easements, would have had to join in with Mr. Kessel in his application for modifica- tion to his approved site plan. It was Mr. Annunziato,s understanding, at this point, that Florida National Bank was willing to join in the application with Mr. Kessel, and they were represented by their Attorney. Based on a close look at the Bavarian House site plan, there was no material damage done to their site by the approval of this plan. According to his conversations with Assistant City Attorney Doney, Mr. Annunziato said they were in a "go" position as far as presenting the plan to the Board. With respect to shared parking, Mr. Annunziato said the Council granted a shared parking program to the applicant in connection with the originally approved site plan. The applicant came back and attempted to provide parking on site, in connection with his property, to meet more of his needs. The Planning Department believed the applicant had provided 550 legitimate parking spaces on his property. - 40- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 There is a demand for 883 parking spaces to serve all of his uses if the uses were to be occupied individually and all at once. However, when the cinema is being occupied, the office building is not being occupied because they have dif- ferent peak demand periods. Also, when the cinema is occupied, there would not be full demand on the retail store area. Mr. Annunziato said the City provided for this kind of analysis in its new parking regulations. The report from Kimley-Horn and Associates, Inc., 800 N. W. 62nd Street, Suite 216, Fort Lauderdale, Florida 33309, indicated that there is a functional surplus on site of 408 parking spaces, some of which is on Mr. Kessel's property and the remainder of which is on Leisureville Shopping Center, Bavarian House, and Florida National Bank property. Mr. Annunziato explained that the "functional surplus" functions because of the differences in peak demand hours. Mr. Annunziato continued by saying the deficit on the Kessel parcel is 333 parking spaces, and Mr. Kessel is going to cut into that 408 functional surplus to meet his demand, leaving a definable parking space surplus in theory of 75 parking spaces on site. Mr. Annunziato said the figures may change, based on what the Members would hear from the appli- cant and the adjoining property owners. The Planning Department recommended that the shared parking allocations be granted. Chairman Ryder asked if the owners of the various out parcels were in accord with the assignment of these values. Mr. Annu!nziato replied that the basis for the assignments was notlthe agreement or disagreement of the out parcels but an Urban Land Institute study which was done in the last few years on shared parking. The Urban Land Institute Study was implemented by Kimley-Horn but with operational work on site at peak and non-peak times of the season where they addressed how many parking spaces were being used at those parking lots. Except for City Federal Savings and Loan, to the best of Mr. Annunziato, s knowledge, the parking on site is avail- able to all. People at Florida National Bank will be able to park in Mr. Kessel's parking lot or in front of Winn- Dixiespaces, and will have unobstructed equal access to all parking Mr. deLong asked if Mr. Annunziato was indicating that the shortages in parking were because of where the curb cut was put on the entrance between the Bavarian House and Florida National Bank. Mr. Annunziato answered, "No," and said the - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 plan provides for more parking than was initially approved. The shortage of parking was one that resulted if you took each use, the cinema, retail area, and office building, computed the parking required for each, and added that up. What they are. doing is suggesting there is a different way to do it because when the cinema peaks, the office use goes to less than 25%, which means the parking that was built for one is available for the other. That was the basis for the analyses. Mr. deLong pointed out that the original application showed 550 spots were required just for the cinema and asked if it was available at the time. Without the shared parking, Mr. Annunziato replied that it was not available. Mrs. Huckle asked if the reduction in floor space was coincidental or germane to the parking lot space available. Mr. Annunziato thought it was coincidental. The office building was originally proposed to be four stories at grade. Now it is parking at grade, and three stories of office in top of the at grade parking. The land where the building sat is now being devoted to parking, so there has been a net gain of parking spaces built by Forum Shoppes on their site as a result of this plan. Mr. Annunziato continued that this plan provides more park- ing on site than the original plan did. In the original plan, Mr. deLong said the required amount of parking for the offices was 240, and he saw that they provided on this plan 227, which was 13 short. The City required 93 in the retail section, and the applicant provided 91, which was 2 short. Mr. deLong was reading from the bottom of page 4, sub- paragraphs a and b, paragraph 10, of the Site Plan Approval Application. He then drew attention to the third paragraph of Kimley-Horn,s letter dated June 25, 1985, which said there would be 473 on-site parking spaces that would consist of 91 spaces for retail use, 227 for office use, and 155 for the cinema. Mr. deLong asked if that was what they have there. If that was so, they would be 110 short. Mr. Annunziato advised that what they have was what was actually provided on page 4 of the application. There is some question in the calculations about where some spaces back up, and an access aisle has to be expanded. Mr. Annunziato reiterated that there are actually 550 parking spaces which are legitimate on site, and they can be distributed where they need to be. It is not so much the individual demands as the total demand at the times the uses peak. - 42 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. deLong asked if Council had approved the shared parking concept. Mr. Annunziato answered that their application included the parking at City Federal, but they found they could not access City Federal's property so they lost access to some 30 parking spaces there. Robert K. Kessel, Property Owner, 2501 South Seacrest BOulevard, Boynton Beach, stated that a new site plan was submitted, and they are meeting the requirements in every case because there was a reduction in the actual square foot- age of the retail and a considerable reduction in the office building. The dispute the Members were talking about was one specifi- cally with Florida National Bank. Mr. Kessel said City Federal, whom they thought they had originally with their first submission, is completely out of the picture. He introduced his counsel and the counsel for Florida National Bank and said they were in agreement as to the shared park- ing, which was a deed and shared parking between the Forum Shoppes property and Florida National Bank. The major bone of contention was a design that included 19 spaces which would be backed up to their property that would have to use access from their property to park cars. Mr. Kessel said Mr. Annunziato was not sure of the number of spaces in dispute, but it was a total of 19 that they are taking from Florida National Bank and their property, and they have agreed not to use Florida National Ba?k's property for access to their property for shared parking Mr. Kessel asked that the Members not confuse that with the fact they can park on Florida National Bank's property and Florida National Bank can park on the applicant's property. It was merely a means of ingress on the Bank's property to access any parking the applicant had originally designed along Florida National's property line. Mr. Annunziato said that would be a reduction from approximately 75 parking spaces to 56 parking spaces, which was still approximately 10% in surplus. Chairman Ryder asked what physical separation they had in back of the Bavarian House. Mr. Kessel believed there was some landscaping and showed the landscape plan they sub- mitred. Shrubbery and trees were shown on the rear parking line. There will also be curbing on both sides. Mr. Kessel informed Mr. deLong that Bavarian House was also sharing parking. Mr. Annunziato indicated the property line between Mr. Kessel's property and Florida National Bank. Forum Shoppes - 43 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 removed a concrete curb and landscaping from Florida National Bank's property and built 19 parking spaces on the applicant's property, but the access to the 19 parking spaces was from Florida National Bank's property. Mr. Kessel confirmed Mr. Annunziato was correct in saying that the Resolution is to remove access to the 19 parking spaces, eliminate the 19 parking spaces, and to reconstruct the curb and landscaping. Chairman Ryder asked Mr. Kessel if he intends to proceed with the office building. Mr. Kessel answered, "Absolutely.- He added that they have not done the design yet. Mr. Kessel agreed with Chairman Ryder that the front wall of the cinema pro!jects beyond the present line of the shopping center. Chairman Ryder asked if that was intentional. Mr. Kessel replied that it was for design purposes. It lines up with the existing shopping center and is even with the Sun Point Ba ~. The Members agreed with Chairman Ryder that the bui projects about two feet. Mr. Kessel was sure it was ely architectural. Mr. Annunziato wanted to offer the representatives of the Bavarian House and Florida National Bank an opportunity to speak. It had been pointed out to him by Attorney Doney that if they do not join in the application, the Board could not proceed with this. With respect to Bavarian House, Mr. Annunziato said it would close a major driveway into the shopping center that Bavarian House had built without the benefit of a permit. In his mind, that was something Bavarian House lost that they never had. In turn, it added some parking in a landscaped area on the north side of Bavarian House but on Kessel's property. Mr. Annunziato was advised by Bavarian House this afternoon that curb stops along the easterly side of the eastern parking lot of Bavarian House were damaged or removed by Kessel Construction, and he felt they should be replaced. Mr. Annunziato wished this to be reflected in the record in case this went beyond what was here. Trela J. White, Attorney at Law, Gibson & Adams, Suite 400, Florida National Bank Building, 303 First Street, West Palm BeaCh, Florida 33402-1629, representing Florida National Bank, informed the Members that they reached an agreement with Forum Shoppes with the stipulation that the 19 parking spaces will be deleted entirely and that Florida National Bank's original approved site plan, approved by the City earlier, will retain its original integrity. That means the curbing, shrubbery, and trees will be replaced, and it will - 44 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 retain its original status as it was approved by the City prior to the application. From the testimony of Mr. Annunziato, Attorney White under- stood the only other alteration to their site plan would be on the north of the property on the 90 foot easement between the parcel owned by Bavarian House and their property. She stated that, apparently, the City has determined and mandated that would be the main entrance way, and she asked if that was correct. Mr. Annunziato explained that at the time the initial site plan was approved, a condition was placed on the Forum Shoppe's site plan to locate the major driveway (under the context of the parking lot regulations) where the median cut was going to be on Congress Avenue when Congress Avenue was reconstructed. Palm Beach County determined that the medium cut Would be at the location where the major driveway is being proposed. The combination of Mr. Annunziato, s comments and the decision made by Palm Beach County determined where the major driveway was going to be. With that explanation, Attorney White said it was Florida National Bank's understanding that this particular entrance way was:mandated by the County and the City and not by Forum Shoppes itself. Florida National Bank still felt it had been damaged by the closing of one of its entrance ways and because their teller traffic has to go in a one way traffic pattern, through the side and out again, she said they will seek a variance through the City in order to alle- viate th!at problem. Otherwise, the tellers, flow from the bank will be effectively cut off entirely, and they will be unable to use the site for what they had planned. Attorney White hoped Florida National Bank would have favor- able consideration from the City on this point later on because it would be the City, in conjunction with the County, that has effectively cut off their access. Other- wise, they would ask that they retain their complete integrity of their proposed and approved site plan that they had originally. Chairman Ryder asked if they would know about the median cuts when the median goes in. He wondered if Florida National Bank people will be able to make a left turn going in and a left turn going south. Mr. Annunziato understood that Florida National Bank will not be able to go south and asked if there will be a driveway from the teller area north. A man in the audience advised that the driveway from - 45 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 the tellers' area has not been constructed at all. Mr. Annunziato said people will be able to continue going north into the driveway, which is the major driveway. Attorney White argued that the area just pointed out by Mr. Cannon was only an exit and there must be one way traffic in order to prevent traffic jams in the area to the bank. As there is only one median cut, she said the main problem will be if anyone coming sOuth on Congress Avenue may turn into the property but will not be able to go into the tellers without coming all the way around the site, back out on Congress, and back in through Florida National Bank's property. In other words, Chairman Ryder commented that they will be using the new iinternal road to a great extent to make the left turns. He added that they will have to because they cannot have left turns coming out for each one of them. Attorney White po!inted out that there will only be one median cut tlhe entire length of Congress between Boynton Beach Boulevard and OCean AVenue. Mr. Annunziato remarked that he had pointed out to his staff that this is a perfect example of subdivision regulations. They would not have this prOblem if this property was developed subject to a master plan. "Generally," Chairman Ryder said, "these movements would take place internally rather than coping with traffic in the arterial highway." Mr. Annunziato informed Mrs. Huckle that the drive through windows currently exist on the east side of the bank. The bank is oriented north/south and faces on Congress Avenue. You drive through from south to north, and Mr. Annunziato said you could actually go north into a driveway which would then allow you to exit onto Congress through the median cut and go north or south. Attorney White again pointed out that, from this discussion, this was mandated by the City and the County and not by Forum Shoppes. Therefore, Florida National Bank did not feel that Forum Shoppes altered its site plan but felt the City and County had, and they hope they will receive favorable consideration on a variance. Otherwise, they agree with the site plan and will retain the integrity of their site plan. Florida National Bank has reached an agreement with Forum Shoppes. Beril Kruger, Beril Kruger & Associates Zoning Consultants, 2601 North Federal Highway, representing Bavarian House, did not feel the site plan had done anything to their site, and, as it stands now, they had no objection to the site plan being approved. - 46 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Mr. Kessel had no quarrel with the staff comments. Mr. Annunziato advised Mr. Kessel that his agreement with Florida National Bank made the landscaping plan that he submitted void in that it did not respond to the removal of the 19 parking spaces. He highly recommended that Mr. Kessel change that plan and resubmit it to the Building Department before review by the Community Appearance Board so they will have the plan which, in effect, reflects Mr Kessel's repavement. · The Members determined there should be two motions. Mr. deLong moved that the application submitted by the Forum Shoppes be approved, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. Mr. Pagliarulo moved to approve the request of Forum Shoppes for the shared parking, seconded by Mr. deLong Motion carried 7-0. ' Project Name: Agent: Owner: Location: Description: Dos Lagos - Entrance Andrew C. Giarrizzo, c/o Rhett Roy F.S.C., Inc. East of Congress Avenue, south of LWDD Canal L-20 Construction of revised signage and landscaping improvements Mr. Golden said the request is to allow construction of the revised entrance signage, clubhouse and sales office signage. The applicant was also proposing relocating and enhancing existing landscaping along Interlagos Boulevard and Congress Avenue. The Technical Review Board recommended approval of the request, subject to staff comments from the Building Department and the Forester/Horticulturist, which Mr. Golden read. Andrew C. Giarrizzo, Rhett Roy Landscape, Architecture, and Planning, Inc., 412 North Andrews Avenue, Fort Lauderdale, Florida 33301, representing F.S.C. Inc., reviewed the com- ments and had no problem dealing with them. They propose to add increased landscaping along Congress Avenue. Mr. Giarrizzo said they are changing the entry feature by replac- ing the existing sign with a new sign and are adding interior signage for each of the three sections of Dos Lagos. He informed Chairman Ryder that they are still building. Mr. Wandelt moved to approve the revised signage and land- scaping improvements, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 7-0. - 47 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 Project Name: Agent: Owner: Location: Description: Club Meadows - Entrance Timothy Priegal Highland Land Corporation West of Congress Avenue, south of Hypoluxo Road Construction of signage improvements Mr. Golden said the request is for construction of signage improvements at the northeast portion of the Meadows 300 PUD in the vicinity of a private park in Tract H, located at the southwest corner of Hypoluxo Road and Congress Avenue behind the Publix Shopping Center currently under construc- tion. The proposed signage is for the entrance way, building identification, traffic control, and for the rental office. AccessBoulevard. to the private park in Tract H is provided by Meadows The Technical Review Board recommended approval of the plans, subject to staff comments from the Forester/Horticulturist and Building Department, which Mr. Golden read. Timothy E.. Priegel, ASLA, Urban Design Studio, Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409-6582, had no problems with the staff comments and agreed with them. He showed a color rendering and said the landscaping had been approved and is being installed at this time. The buildings are under construc- tion. Chairman Ryder asked about the wind load mentioned in the Building Department.s comments. Mr. Annunziato thought the current Code was 120 miles an hour but said the new growth management legislation for coastal zoning is going to increase it to 140 miles per hour. Mr. Wandelt moved to approve the construction of signage improvements, subjec to staff comments. Mrs. Huckle seconded the motion, and the motion carried 7-0. OTHER Request for approval of a manufacturing use for professional turf maintenance equipment at parcel number three of High Rid~commerce Park Mr. Annunziato advised that this item was deleted. - 48 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1985 ADJOURNMENT There being no further business to come before the Board, Mr. Wandelt moved, seconded by Mr. Pagliarulo, to adjourn, and the meeting adjourned at 11:40 p. M. (Four Tapes)