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Minutes 05-14-85MINUTES .OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 14, 1985 AT 7:30 P. M. PRESENT Simon Ryder Garry Winter George deLong Marilyn G. Huckle John Pagliarulo Col. Walter "Marty" Trauger Robert Wandelt William Schultz, Alternate ABSENT Carmen S. Annunziato, Director of Planning Tim Cannon Senior City Planner Jim Golden Assistant city Planner Should~ be* Norman Gregory m~ked Excused. See 6/11/85 ~inutes. Mr. AnnunziatO, Director of Planning, called the meeting to order at 7:30 P. M. Election of Board Chairman and Vice Chairman for 1985/86. Action postponed to May 14, 1985 Mr. Winter nominated Mr. Ryder as Chairman, seconded by Mr. Pagliarulo. Mr. deLong nominated Col. Trauger, seconded by Mr. Wandelt. Mr. Annunziato asked if there were any more nominations, and there was no response. Mr. Winter moved to close the nomina- tions, seconded by Mr. Wandelt. Motion carried 7-0. The Members agreed with Mr. Annunziato that they should vote on Mr. Winter's nomination of Mr. Ryder first. The motion carried 5-2 with Mr. deLong and Mr. Wandelt voting against the motion. Simon Ryder was again elected Chairman. Mr. Winter nominated Col. Trauger as Vice Chairman, seconded by Mr. Pagliarulo. As there were no other nominations, Mr. Winter moved that the nominations be closed, seconded by Mr. Pagliarulo. Motion carried 7-0. Col. Walter "Marry" Trauger was elected Vice Chairman. Acknowledgment of Members and Visitors chairman Ryder thanked the Members for reelecting him as Chair- man, greeted the new Members, complimented the City Manager, Planning Department, and the Recording Secretary. He introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, Mr. Golden, and the Recording Secretary. Chairman Ryder acknowledged the presence in the audience of Councilman Ezell Hester, Councilman James R. Warnke, Councilman - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Carl zimmerman, city Manager Peter L. Cheney; Owen A. Anderson, Executive vice president, Greater Boynton Beach chamber of Commerce; Samuel Scheiner, vice President, and ~. peter Mooij of the Community Redevelopment Agency; Kipp Friedman, Boynton Beach News Journal; and David V. Gibson, Jr., Sun Sentinel. MINUTES OF APRIL 9, 1985 Mr. Pagliarulo moved, seconded by Mr. winter, to approve the minutes as presented. Motion carried 4-0 with vice chairman Trauger, Mr. deLong, and Mrs. Huckle abstaining from voting as they were not Members of the Board on April 9. ANNOUNCEMENTS Palm Beach county Department of Housing and community Development will present their Three Year Plan on May 28, 1985 at 7:30 P. M. This special meeting with the Planning and zoning Board will be held at city ~all in the council chambers -- Mr. Annunziato advised that this meeting was cancelled. There have been substantial changes in staff of Community Development and they were not able to complete the plan as they anticipated- They anticipate the plan will be completed by mid-summer. planning Consultant Robert Leary will meet in workshop session with the Planning and zoning Board and city Council on Wednesday, May 29th and Thursday, May 30th. The topic of discussion in these workshops will be the basis for adoption of a Comprehensive Plan Evaluation and Appraisal Report and a 1985/86 Boynton Beach comprehensive Plan. The time and place of these workshops will be announced In the very near future, Mr. Annunziato said the Members would be receiving information which will begin the discussions Mr. Leary will be leading them into at the workshop sessions. The likely time of the workshops will be 7:30 P. M. and agendas will be sent out. Jim Golden Mr. Annunziato informed the Members that Mr. Golden came to the Planning Department from Clemson university and will be working on current planning having to do primarily with the agendas. orientation Meetin~q chairman Ryder announced that Members of all Boards have been invited to this meeting, which will be Wednesday, May 22, at 7:30 P. M. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 COMMUNICATIONS None. PUBLIC HEARING CONDITIONAL USE (Hearing continued to May 14, 1985 at 7:30 P. M. in the Council Chambers, City Hall, Boynton Beach, Florida Project Name: Agent: Owner: Location: Description: Ganesh Day Care Center Ken Carlson, Architect Palm Beach Agricultural Consultants, Inc. 2304 South Seacrest Boulevard Request for Conditional Use Approval to convert an existing house into a day care center to serve a maximum of 32 children, ages two through five As they discovered the newspaper had failed to publish the ad as requested and as required by law, Mr. Annunziato requested that this be scratched from the agenda and said it will be readver- tised for the June meeting. PARKING LOT VARIANCE (Tabled) Project Name: Agent: Owner: Location: Description: Ganesh Day Care Center Ken Carlson, Architect Palm Beach Agricultural Consultants, Inc. 2304 South Seacrest Boulevard Request for relief from Section 5-141(g) Driveways (3), Mr. Annunziato said he forwarded to the Members a parking lot regulation which governs the location of driveways and construc- tion of parking lots on private property. One of the things they attempted to do in the Ordinance was to remove as far as possible from the intersection curb cuts onto arterial collector road rights-of-way to a minimum of 180 feet. Mr. Annunziato drew the Board Members' attention to his memo of March 27, 1985 and said a curb cut was shown on Seacrest north- ward of where the curb cut was now shown. He referred to the overlay. By moving the driveway, they removed the source of congestion at the driveway. Based on the change made by the Architect, the Technical Review Board reconsidered the plans and recommended they be approved by the Board. Mr. deLong asked what the actual distance was since they moved the curb cut. Ken Carlson, Architects Studio, 26 Coral Place Center, Oakland Park Boulevard, Fort Lauderdale, Florida, replied that it was 170 feet from the center line of S. E. 22nd Avenue. It was moved south about 60 feet. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 chairman Ryder commented that the revised plan gave more storage area off of the street. Where the driveway was previously located, Mr. Annunziato said it had parking located south of it on the site. Cars parked in that location backed into the drive- way, which caused congestion on Seacrest. Mr. Wandelt moved to take the item off of the table, seconded by Mr. Pagliaruloo Motion carried 7-0. Chairman Ryder asked if anyone wished to speak in favor or in opposition to the request and received no response. THE PUBLIC H~ARING WAS CLOSED. Mr. Wandelt moved to approve the revised plans for the parking lot variance, seconded by Mrs. Huckle. Motion carried 7-0. OTHER (Tabled) 1. Consistency Review: Request for a determination of consist- ency with the adopted Comprehensive Plan for the proposed Planned Commercial District zonlnq regulations Mr. Pagliarulo moved, seconded by Mrs. Huckle, to remove this item from the table. Motion carried 7-0. Mr. Annunziato explained that several months agio, the city was confronted with an annexation for commercial property along Boynton Beach Boulevard west. The Planning staff recommended to the City Council that a set of regulations to govern commercial districts be approved to allow the Council to treat commercial districts in the same manner it would treat a Planned Unit Develop- ment. The annexation was denied. These documents were presented to the Board, but at that time the Board wanted more time to review the documents. Mr. Annunziato informed the Members that the documents allow someone to petition for commercial zoning with the inclusion of a master plan, which provides a firm idea for the Board and the Council of what will be constructed, at what locations, and for what uses as in a PUD. It seemed to Chairman Ryder that this was somewhat on the same lines as the Planned Industrial Development ordinance but commercial rather than industrial and that it provided for a unified control which contemplated larger areas. Apparently, this Ordinance will include all permissive uses generally in C-3. Prior to submitting the plan to the Board, Mr. Annunziato said the Planning staff transmitted it to both private and public Planners for comment. - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Annunziato drew the Members' attention to page 10, "13. CHANGES IN PLANS" and said they are proposing a different approach to the plan modification procedure than what the City currently has for planned districts. If this meets with the Council's approval, Mr. Annunziato said he would suggest to the Council that perhaps they should adopt similar regulations for the other planned districts. Mr. Annunziato advised that it provides for a way to deal with changes in plans, based on measurable impact. For example, if someone cares to modify his plan and the modification results in a change which increases impact on any of the city's infrastruc- ture improvements by more than 10%, it will go back for a new zoning request. If the impact is less than 10%, Mr. Annunziato is suggesting to the Board and Council that those applications be reviewed and approved only by the Planning and Zoning Board with the ability of the Planning and Zoning Board to impose conditions and/or restrictions consistent with the impact. The current process involves review by the City Council to make a determination as to whether or not a change is substantial. This Ordinance draws a line at 10%. Mr. Annunziato informed Mr. deLong that this does not eliminate C-3 zoning. The initial proposal applies to pieces of land with five acres or greater. Mr. deLong asked if this implemented their commencement of filing of the plat. Mr. Annunziato answered affirmatively. Mr. deLong wondered if they had the same require- ment when a non-PCD (Planned Commercial District) property is re- zoned. Mr. Annunziato replied that they have one year to file a plat or a site plan. Martin Perry, Esq., of the law firm of Perry, McCarthy & Cox, P. A., 501 South Flagler Drive, West Palm Beach, went to see Mr. Annunziato, as well as the city Attorney, relative to a piece of property located at the southeast corner of the intersection of Knuth Road and Old Boynton Beach Road, immediately south of the proposed deBartola Mall. Last year, in conjunction with another client by the name of Winchester, Attorney Perry approached the Board of County Commissioners for Palm Beach County during their Comprehen- sive Plan hearings relative to the entire tract that runs from Old Boynton Beach Road on the north, Knuth Road on the west, Congress Avenue on the east, and New Boynton Beach Boulevard relative to the trend that is developing in that area with the zonings that have occurred both in the City and in the County relative to that entire tract, which is approximately 70 or 80 acres of land. Attorney Perry imagined most all of the land is in the County except one or two annexations in the City. The - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 County received it from the point of recognizing the commer- cial potential of the entire tract. During the course of those hearings, the County indicated they would like to see that area go from a high commercial usage on Congress Avenue, feathering down for Knuth Road to go to a lesser commercial usage with the potential for a professional office park along Knuth Road, in order to provide a buffering to the residential area immediately on the other side of Knuth Road. Attorney Perry was concerned because he learned from Mr. Annunziato that the Board was considering these Planned Commercial District (PCD) regulations and that they would be talking about minimum acreage of five acres to qualify for the PCD. From their point of view, Attorney Perry proposed that the Board consider a three acre minimum acreage for the PCD in order to allow design flexibility from the standpoint of property owners. As the Board was aware, Attorney Perry said a PCD allows for a great deal of flexibility on the sides of both the property owner, as well as the community, in being able to regulate and impose conditions upon the development and the property owner, and in being able to do certain things he might not be able to do in terms of a more restrictive straight zoning classification. The C-3 section is not such a problem, but when you start talking about the C-2 or C-1 area, it becomes more restrictive. Attorney Perry informed the Members that his client has a three acre parcel at the corner of Knuth Road and Old Boynton Beach Boulevard, which is just south of the deBartola Mall and adjacent to the southwest entrance to the Mall it- self. He said it will be a high traffic area. They are desirous of building a professional office building on the site. However, if they are limited to a lesser zoning classification than C-3 and do not have the availability of the PCD, they will be in a posture where they are limited by what they can do and essentially in what will be a high intensity, high traffic area. Attorney Perry said their concern really had to do with the height limitations. Chairman Ryder asked if they were assuming they would be annexed. Attorney Perry replied that they will be petitioning for annexation as well as rezoning in the City. Secondarily, they will need utilities; the only utilities available are in the City of Boynton Beach, and they cannot get the utilities without annexing. Attorney Perry continued that they are in the City's annex- ation area, and it made sense. The Mall is in the City, and - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 the entire block immediately south of the Mall will more than likely end up in the City. They were just looking for some consideration relative to the requirements. Attorney Perry did a survey relative to communities in the COunty as to what type of minimum acreage requirements they have for PCDs. ~A good deal of the cities do not have any minimum requirements relative to the PCDs, and a lot of them do not even have a provision for PCDS. It seemed to Attorney Perry that three acres was no less desirable than five acres in terms of being able to control what is being proposed. Instead of a five acre minimum requirement, Attorney Perry asked that the Board go to three for a minimum requirement. With five acres, he said the City would exclude a good deal of parcels that they could have more control over because they might come in at some- where in the range of two, three, or four acres. Mr. Annunziato agreed it was true there is no magic to the acreage. When he drafted the five acre minimum, he did so because he felt it would be a policy decision on the part of the Board and Council as to how many requests they would like to have processed. Because of a PCD, Mr. Annunziato told the Members they exercise tremendous authority in pre- determining the outcome, if there is to be a positive out- come, which is a benefit to the applicant and to the City. However, the smaller the number gets, the more applications the Board will have, and it could become tedious. Chairman Ryder commented that the smaller it gets, the more the surrounding area becomes affected, so they would impact more adjacent areas. Mr. Annunziato pointed out that you cannot buffer small areas as well. Attorney Perry thought it was how effective the Board wanted to be in terms of attempting to control commercial development. He said it kind of gets down to "old fashioned negotiating" and explained. Mr. deLong asked what the problem would be with keeping it at the five acre minimum. There are Conditional Uses now in certain zoned areas. If they required a minimum, he questioned whether they could have an exception to that. Attorney Perry supposed they could, but he was not sure it would not lead to greater problems, and he elaborated. He thought consideration of a lesser minimum requirement would be better for the Board in the long run in lessening the burden of how many people may come in. - 7 - MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Annunziato said three acres would provide something like 60,000 square feet of gross square area, which would give several hundred trips a day in terms of traffic. He advised that they were really talking about numbers that grow very quickly. Mr. deLong asked what Mr. Annunziato's feeling would be. Mr. Annunziato answered that it would not matter so much to the Planning Department so long as the Board and Council felt comfortable with the decision. Mrs. Huckle asked if there would be wisdom in starting out on an experimental basis with five acres. As they did not know whether this would advance to a state of annexation or whether the ownership would change, Chairman Ryder said he would not be swayed by Attorney Perry's particular instance. Attorney Perry has been doing this type of work for 17 years and represented government in these areas. He told the Members they would go through phases, depending on how the City has developed to this point, where a number of people will want to come in and do this. The natural resistance of people is they attempt to be regulated as much as possible. In his particular case, Attorney Perry wanted to build a four story building and was being limited to a two story building. If he could go to a PCD, he could get the four story building. Attorney Perry said most people who want to develop will look to the zoning classification that fits them in terms of the Comprehensive Plan and will attempt to fit into that shoe. It will only be when they cannot fit into it that they will come to the Board and ask for the PCD. The only other times the Board will be faced with it is when the Planning staff sees a development will be impacting an area in such a way that they would prefer to see it come in as a PCD. When Mr. Annunziato reaches that decision, Attorney Perry said he will feel as "ham strung" with the five acre minimum requirement as Attorney Perry was by not being able to reach it because he does not have the property. Attorney Perry recommended that the Board start with the lesser minimum and said they could always increase it. He thought it was a planning tool Mr. Annunziato would want to use from time to time. If he has a minimum requirement, he will not be able to do that as effectively when he gets something under the minimum requirement. Mr. Annunziato remarked that there was no question there was truth in that comment. The plan regulations, by predetermin- - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 ing the outcome, in a lot of ways allow staff to make recommendations to the Board and Council that overcome negative impacts in development which the Board would not be in a position to overcome if they had a straight district boundary regulation. Chairman Ryder asked Mr. Annunziato if he thought the Board would get.more applications as a result of keeping the area down. Mr. Annunziato thought they would, as he thought there were more three acre parcels around than five acre parcels. Within the present corporate limits, Chairman Ryder felt there was plenty of undeveloped area where five acres would not pose a problem. Mr. Annunziato saw this as a tool primarily with annexations, and he explained. Because of the mall and the ancillary improvements that are taking place and will take place, Chairman Ryder said they will have traffic problems. By the PCD, Mr. Annunziato said the Board will have a tool to deal with those kinds of influx. Mr. deLong wondered if it would have a significant impact on smaller developers to the extent that they may not be able to annex some of the sections as a PCD. Mr. Annunziato replied that there are zoning categories on the books that they could request. He said the particular instance Attorney Perry was talking about resulted from an analysis made by the City's planning staff and the County's staff with respect to the property between Congress and Knuth Road and Old Boynton Road and Boynton Beach Boulevard and the Council's comments with respect to uses on Boynton Beach Boulevard (whether they would be retail or office). Mr. Annunziato continued that it was recommended that a line be drawn approximately 400 feet west of the mall access road, which connects Old Boynton Road and Boynton Beach Boulevard. At that point, they would begin to remove themselves from retail uses and move into office or professional uses as a way to reduce the intensity of land use to where they would use Knuth Road. Then it becomes residential. Right now, Mr. Annunziato said the only opportunity an appli- cant would have would be to request C-1 zoning, which is the only category the City has that provides only for office and professional uses, and it only provides for two stories. If it stays at five acres, Mr. Annunziato believed the applicant would be compelled to seek rezoning at C-l, which would limit his ability to develop the land. He added that was Attorney Perry's point of view, and he was willing to commit himself to these regulations because he would have the potential of going to four stories as opposed to two. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Chairman Ryder asked if Mr. Annunziato would find it bene- ficial if the Board gave him time to look into this. Mr. Annunziato replied that he would be just as comfortable with three acres, providing the Board and Council were satisfied. Vice Chairman Trauger felt part of the Board's policy was for control of development. As Attorney Perry stated, he believed it was far easier to go up than to come back down. Chairman Ryder asked if anyone else wished to speak in support of the Ordinance for a PCD or in opposition. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Chairman Trauger moved that in paragraph 7A on page 5, the Board accept the minimum of three (3) contiguous acres. Mr. Winter seconded the motion. Mr. Wandelt felt it should stay at five acres, and they could come back and ask for a variance to go to three acres. He reminded the Members that C-3 allows four stories and also allows other things. Mrs. Huckle reiterated that she thought it should stay at five acres. Mr. deLong thought Mrs. Huckle's point was very well taken and agreed with Mr. Annunziato's original think- ing. Re felt Mr. Annunziato gave it a lot of study. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. The motion was LOST by a 3-4 vote. Mr. Wandelt, Chairman Ryder, Mrs. Huckle, and Mr. deLong voted against the motion. Mrs. Huckle moved to accept the original recommendation of the City Planner, which was for a minimum of five (5) contiguous acres. Mr. deLong seconded the motion, and the motion carried 7-0. Mr. Wandelt moved to find the proposed Planned Commercial 'District zoning regulations consistent with the Comprehensive Plan, seconded by Mr. Pagliarulo. Motion carried 7-0. Request submitted by Fred Popper, Architect, on behalf of the owners of the Boynton Commercenter to expand the list of permitted uses in the Commercenter Planned Industrial Development Chairman Ryder asked if the Manufacturing uses presently prevail in the center. Mr. Annunziato replied that the uses currently permitted appear on page 1 and the beginning of page 2 of his memorandum of May 7, 1985. Chairman Ryder commented that these will be in areas other than those which will subsequently be office buildings. Mr. Annunziato said they will be in the areas - 10 - MINUTES --PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 where they have three buildings now. Directly to the north and directly to the south, there are still two tracts for commerce entity development in the form the three buildings are developed in. Chairman Ryder commented that the layout is very appropriate for the intended use with the loading and unloading areas. Mr. Wandelt agreed with him that the buildings have very attractive fronts too in contrast to other warehouse developments. Vice Chairman Trauger moved, seconded by Mr. Winter, to take this from the table. Motion carried 7-0. Mr. Annunziato said Fred J. Popper, A.I.A., of Centure Design, 2100 Corporate Drive, Boynton Beach, Florida 33435, as agent for the applicant, was requesting to supplement the previously approved list of permitted uses with an expanded list in order to go into a more enhanced leasing program. Mr. Cannon informed the Members that the applicant originally requested a blanket approval for all manufacturing, warehouse, and office uses at the Planned Industrial Development (PID) and also contractors' storage and shop areas as well. He showed a master plan of the PID. At the north end of the PID are four office buildings. The master plan change and the site plan for the office buildings had already been approved. Mr. Cannon said there was a list of permitted uses for the ware- house buildings which would go on the tracts to the south of the building. There are five tracts which could be developed for warehouse use. Three of the warehouses are presently constructed. To the east is the 1-95 right-of-way and to the west is the E-4 Canal right-of-way. Further to the west is the single family area of Leisurevilleo The applicant resubmitted a revised list of uses, which went into greater detail and used the M-1 uses as a guideline. Mr. Cannon said the list of permitted uses, at the bottom of page 1 of the memo dated May 7, 1985, had been modified by an amendment to the zoning regulations. He read Mr. Annunziato's Memorandum dated May 7. Mr. Cannon said contractors' storage and shop operations were the original intent and nature of the PID. It was staff's interpre- tation that this was intended as a high quality industrial park and office location and not as a general manufacturing district. If contractors' storage and shop areas are allowed, Mr. Cannon said they thought the industrial park would take on a major potential of creating an industrial zoning district. Mr. Cannon stated that the Planning Department would go along with some of the uses the applicant was proposing where they fit - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 the original concept of the industrial park. They did not think the type of uses which they think are more of a heavy manufactur- ing nature should be allowed. Mr. Annunziato commented that this site is particularly sensitive. To the west, there is a single family subdivision, and totally surrounding the site is the Boynton Beach municipal well field. That formed the basis for the staff's review. It is their intention to continue to recommend that only high quality uses be permitted and that only uses that can meet the environmental constraints imposed by the well field be allowed to be permitted. That is the staff's position with respect to PIDs generally and, specifically, for the Boynton Commercenter. Chairman Ryder commented that this would have a more parklike appearance and would not impact unfavorably on the surrounding area. In his view, he was sure the people in Section 10 of Leisureville would not be unhappy with what finally happens there. With regard to the contractors, Chairman Ryder agreed with the comments by staff because trucks and material would line up there. Fred Popper, Architect, had no problem with the staff comments except the category of contractors on page 3. What they intend for uses as far as contractors is the high quality contractor, not the contractor that works out of the back of his truck. The contractor that would occupy space in the Boynton Commercenter would have to be of high quality because he could not afford to be there if he was not. Mr. Popper drew the Members' attention to the Lease Addendum he submitted to staff, which would limit the use by Contractors to no outside storage of construction vehicles and service vehicles. Also, vehicles would have to be kept in a professional manner, and all service vehicles would be off the site from 8:00 A. M. until 4:30 P. M. The contractors would not be allowed to use the dumpsters on site for any of their construction material, nor would they allow any outside storage of construction material. Mr. Popper said the usual intended use of the Boynton Commercenter was a high technical industrial park. What they found in the past year through leasing is that it is not available right now. Since leasing is going relatively poorly at this time, Mr. Popper said they wanted the Board to allow them to lease to the quality contractor. Mr. Annunziato had this conversation with Mr. Popper and the owners of the development and reiterated his recommendation that no contractors be permitted. He explained that there were two issues: (1) Contractors' areas are generally associated with the - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 M-1 zoning category. In terms of allowing only high quality contractors, he believed it was a difficult thing to lease, if not impossible. Some subsequent owner might not be as willing to cooperate as the present owner is, and it might be impossible to lease, to the detriment of the specific area and the neighborhood in general. (2) It was never intended that these PIDS be used for contractors' yards, and Mr. Annunziato believed the end result could only be negative in the future. Mr. Popper added that the developers of the project spent considerable money in creating an aesthetically pleasing project. By no means would they want to lease to people that would deteriorate the property, as they would only hurt themselves. Mr. Popper could understand Mr. Annunziato's concern about what might happen with contractars and offered that perhaps the Board might allow them the use for an experimental time period like five years. During that time period, if they see the use is not appropriate, it will be discontinued after the five years. Mr. Annunziato's position remained unchanged. He added that those kinds of conditions are nearly impossible to work with. Furthermore, they were dealing with the current user. Five months from now, there may be a different user of the property itself. The integrity of the development has to remain first class. Mr. Annunziato could not believe they could retain the control they have and the important control they need because of the location with respect to Leisureville to the west, the public's view as they ride down Corporate Drive, and allow contractors to be located in a high class industrial site. Ample locations for these users have been provided in Boynton Beach, but this is not the location for a contractor. If a contractor wants to open up his business door and hang his shingle, Mr. Annunziato said it would be an office use and would be permitted and encouraged; but as far as a man operating his storage of materials, parts, and equipment on a PID at this lo- cation, it would be a real detriment. Mr. Popper argued that they were not looking at just storage area for the contractor but were looking at an operation center for the contractor where his offices would be, as well as some storage within the unit. He pointed out that under the approved uses of the PID, tractor trailer trucks will be moving back and forth through the project, so they are going to see trucks there. It appeared to Mr. deLong that having something like that would be a great betrayal to the people that surround the PID that live in private homes. He did not think they could make the people in - 13 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Leisureville pay for perhaps a mistiming of what might be a year or two away. Mr. deLong wondered what they would come back and want to do next, as the financial pressure increases. He felt the integrity of the PID had to be refined. Mr. Popper reiterated that they were looking at a quality contractor. Mr. deLong said contractors have a tendency to get a little bit wayward and unkempt in keeping their house in order. He had a feeling they might end up with an eye sore. Mr. Popper tended to agree with Mr. deLong and said the developer would want to police this more than the City because it could hurt future leasing if ~hey have some unsightly tenants. They would certainly research their contractor tenants thoroughly and abide by the amendments to the lease so that they would have a quality project. They are in the early stages of the project and still have quite a bit of construction to go on it. Mr. Popper said they are not walking away from it but want to be able to do some business on it. Chairman Ryder said they were trying to minimize any possibility in the future where the City would be confronted with this kind of thing. He gave as an example someone who works out of his home at Woolbright Road near 1-95 and has trucks with materials on his front lawn at night. It has been before the Codes Enforcement Board, but the City and neighbors still have a prob- lem. That was why Mr. Popper suggested a time period. Mr. Wandelt did not think they could set a time period. Chairman Ryder asked if anyone else wished to speak in support of the proposal or if anyone wished to speak in opposition. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. deLong moved to accept the recommendations contained in Mr. Annunziato's memo of May 7, 1985. (Copy of said memo is attached to the original copy of these minutes.) Mr. Wandelt seconded the motion, and the motion carried 6-1 with Mr. Pagliarulo voting against the motion. NEW BUSINESS PUBLIC HEARINGS CONDITIONAL USE AND MORATORIUM VARIANCE Project Name: Agent: Owner: Location: Description: St. Mark's School Addition Reverend John G. Block Diocese of Palm Beach 643 N E. 4th Avenue Requests for a variance to the moratorium on new construction and building renovation in the - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Community Redevelopment Area and for Conditional Use Approval to construct a 4,200 square foot addition to the existing St. Mark's elementary school Mr. Annunziato called attention to the Memorandum dated May 7, 1985 from Peter L. Cheney, City Manager, with respect to the moratorium variance and the analysis of conditional use. Mr. Cannon described the Conditional Use application and went through the conditions as set forth by the Planning and Zoning Board. He said the applicant was asking for approval of an addition to the second story school. Mr. Cannon showed the site plan, read Mr. Annunziato's Memorandum dated April 22, 1985, and indicated the surrounding land uses and zoning, streets, ingress, egress, etc. on the site plan. The Planning Department recommended that the application be approved, subject to the recommendation of pole mounted lighting on the north property line, which should be directed so as to shine onto the school building. There was also a Memorandum from Peter L. Cheney, city Manager, dated May 9, 1985 recommending that the variance be granted. During the moratorium period, Chairman Ryder said any variances that were requested were referred to the City Planner and then to the Planning and Zoning Board. This was one of them, and it was incumbent upon the Board to make a recommendation to the Council. Following review by the Technical Review Board, the City Manager filed a report with his recommendation to the Board, as mentioned above. Chairman Ryder mentioned this because the Board will have similar requests for variances, and that was the procedure that had been established. Richard L. San Giovanni, Architect, Palm Beach Executive Plaza, 5601 Corporate Way, Suite 314, West Palm Beach, Florida 33407, said Father John G. Block was present, and they would have no problem reworking the lighting as recommended. He thought it was very consistent with what the city needs. Chairman Ryder asked if anyone else wished to be heard in support or opposition to the variance. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Wandelt moved to grant the requests, subject to staff comments. (The staff comments are in Mr. Annunziato's memo of April 22, 1985.) Mr. Winter seconded the motion, and the motion carried 7-0. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 ABANDONMENT Project Name: Agent: Owner: Location: Description: Velardo Homes Special Purpose Easement and Street Abandonment John Pagliarulo City of Boynton Beach Lake Boynton Estates Plat No. 1 Request for the abandonment of a 15' service street and a 50' public right-of-way As he would be the Agent, Mr. Pagliarulo left the dais and said he would file a Memorandum of voting Conflict. (See Form 4 attached to the original copy of these minutes.) Mr. Annunziato said this is in the southwest portion of the city, south of Ocean Drive, between S. W. 7th Street and S. W. 8th Street. The 15 foot service street runs east/west. The lots are running north/south and back up to it. The 50 foot right-of-way connects Ocean Drive to S. W. 3rd Avenue, and it is not developed. Mr. Annunziato said this is a request for abandonment of a portion of the service street, which runs approximately half way in and half way west from 7th Street to approximately half way east of 8th Street, and for all of the street which runs north/south, as he mentioned, which is a 50 foot right-of-way. The applicant requested that the City abandon these rights-of-way for the reasons stated in his application. The application was reviewed by staff and the utility companies and came to the Board with a partial recommendation to approve and a partial recommendation to deny. Mr. Annunziato said staff was recommending to the Board that the 50 foot right-of-way could be abandoned if the Board and Council determined it to be consistent with the public's interest. However, the 15 foot service alley, which runs east/west contains several different utilities and is a potential for the extension of City utilities. If abandoned, Mr. Annunziato said it was staff's recommendation that the service street could be abandoned if it were dedicated as an easement back to the City, including an extension of that 15 foot service street through the abandoned right-of-way which runs north/south. The basis of staff's recommendation was the Memorandum dated April 2, 1985 from Tom Clark, City Engineer. Mr. Annunziato clarified for Chairman Ryder that he was talking about the extension of the 15 foot service street through the 50 foot road because the City would have to provide for the con- tinuity of an easement for utilities. John Pagliarulo, Building Contractor, 1600 North Federal Highway, Boynton Beach, Agent, stated that they did not anticipate abandon- ing the 15 foot parcel behind the property because they did not think it was used at all. When they went into the abandonment, - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 they felt they would abandon it. Mr. Pagliarulo thought it seemed wise to have 15 feet there anyway because there are not too many easements or alleys in the city. Mr. Pagliarulo confirmed Chairman Ryder's statement that they intend to develop the vacant areas. He informed the Members that all of the lots are different sizes and, under the new zoning, to conform to the minimum lot size, they need to pick up additional front footage to make legal sized lots to build residential on. Mr. Wandelt asked if Mr. Pagliarulo would be replatting the lots. Mr. Pagliarulo answered that they would not. Chairman Ryder asked what the limits of the intended development here were on either side of Cordova Way between 2nd and 3rd. Mr. Pagliarulo thought they had 50 feet on one side and, to meet the minimum requirements, they need about 64 feet to get the required size to build on each side. Looking at the map, Chairman Ryder noted that to the east they had a right-of-way, which was in use. To the west, they do not, and the blocks were much longer. Chairman Ryder questioned to what extent it was in the City's interest to do this because, normally, the City does not have too many streets. He wondered how the City would benefit by removing this as a possible future street. Mr. Pagliarulo replied that probably, the City did not see a need for the street. He added that the City would benefit right away because the street would be improved, and there will be taxes. Chairman Ryder did not see "being improved" as a valid area, as the City has a lot of areas in this location that are still undeveloped. Mr. deLong asked Mr. Annunziato if he had in his future plans, even long term, the use of the 50 feet. If the road were to be developed, Mr. Annunziato replied that it would likely be devel- oped as a part of the construction of homes in that area by the person who is building the homes. If you look two blocks north and one block south, there is no difference in terms of length before there is a break. Mr. Annunziato suspected that was part of the reasoning put forth by the City Engineer. Mr. deLong questioned whether it ever appeared that the City would want a road there like they have on 7th and on 6th Court and whether Mr. Annunziato anticipated a future need. Mr. Annunziato answered that the more streets you have, the greater circulation you have, and the more opportunity you have for circulation. There is always the need for more circulation in single family neighborhoods, but he did not think that meant the neighborhood could not live without it. It looked to Mr. deLong like it was planned to coincide with the other two cuts that were there (S. W. 6th Court and S. W. 7th MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Court). Mr. Annunziato informed him that it terminated at S. W. 3rd Avenue. The plats were recorded in 1925. Mr. deLong asked how many lots that would give the applicant which would be usable. Mr. Pagliarulo did not believe it would give them any more. They would have to go in for variances in order to build. Mr. Pagliarulo said they own Lot 13 and he believed they also owned a portion of the lot over, but it is not quite enough. However, he believed if you continued northward, that parcel on S. W. 1st Avenue, which appears to be another road, does not exist either. Mr. Annunziato did not know if that right-of-way had ever been abandoned and thought there might be a house adjacent to the right-of-way. There did not appear to be one when Mr. Pagliarulo drove by and looked at it. Both Mr. Pagliarulo and Mr. Annunziato agreed that the street does not exist on the ground. Mr. deLong asked if the City would be significantly better off giving up the piece between 15th and 16th, across the 50 foot right-of-way that Mr. Annunziato recommended, if they were to abandon. He noted that Mr. Annunziato recommended that they pick up the piece that stops at the 50 foot right-of-way from 15th Circle into 16th Circle. Mr. Annunziato said that would be a necessity. They would have to provide for the continuity of that service alley in order to have the continuous utility thoroughfare. There are utilities in there right now that the City has to protect, if they look at the letters from Southern Bell, etc. Perry Cessna, Director of Utilities, advised that sometime in the future the only practical way to serve the lots with water will be with a continuation of the water mains in that alley. Mr. Annunziato advised that it is just as easy if there is to be, at a minimum, no abandonment of the alley, to just recommend that it not be abandoned rather than to go through the exercise of rededicating an easement, except if the 50 foot right-of-way of Cordova Way is subsequently abandoned, there will be a necessity for dedication of an easement through it. Chairman Ryder asked if anyone else wished to be heard. Mr. Hogeland B. Barcalow, 744 N. E. 12th Terrace, Boynton Beach, objects to give aways. He thought the developer should pay a fair market value. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mr. Winter moved to DENY the request of Velardo Homes for the abandonment of a 15 foot service street and 50 foot public right- of-way. Mr. deLong wanted to amend the motion and add, "unless - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 the City is able to negotiate a reasonable monetary consideration for the abandonment." He asked if they could do that. From interpretations of conversations with the Attorney, Mr. Annunziato determined it was really not an appropriate measure because the right-of-way was platted. The abandonments of rights-of-way by State Statute automatically would go to the adjoining property owner on the theory that they would initially or subsequently in the sale of the property pay for that property with the purchase of their lots. Mr. deLong seconded the motion made by Mr. Winter. A vote was taken on the motion, and the motion carried 6-0. THE REQUEST WAS DENIED. LAND USE ELEMENTAMENDMENT AND REZONING Project Name: Agent: Owner: Location: Description: Sunshine Square Addition Joseph Pollock for the Building Company Robert J. Rose & Robert J. Rose, Jr. S. E. 18th Avenue Request for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail and for a re- zoning from R-3 Multi-Family Residential to C-3 Community Commercial for a possible future addi- tion to the Sunshine Square Shopping Center Mr. Cannon presented the site plan and showed the surrounding land uses and zoning. He read the Memorandum addressed to the Board from Carmen S. Annunziato, Planning Director, dated April 23, 1985 and also read into the record the fifth Compre- hensive Plan Policy from page 2 of the Memorandum, as follows: "In order to improve local circulation, S. E. Third Street should be extended northward in the future to S. E. Eighteenth Avenue. The proposed future extension of this street should be coordinated with the develop- ment of the presently undeveloped property. The cost of the street improvement will be borne by the private sector." Mr. Cannon said this is the central issue with respect to the re- zoning request. If S. E. 3rd Street is extended to S. E. 18th Avenue, it cuts off all of the property west of there from the property that lies to the east of S. E. 3rd Street. Mr. Cannon said there was a split recommendation with respect to the zoning request, which was that the area north of the 18th Avenue right-of-way be rezoned to the C-3 category and the area to the south be zoned to R-3. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Vice Chairman Trauger asked what else would fit in there besides a parking lot, since Sunshine Square would never use more park- ing space. He looked at it and did not see any possibility of a building going in. After the R-3 setbacks are taken into account, Mr. Cannon did not think they would have a developable parcel. Vice Chairman Trauger wondered what the objection was to letting it go, since it is such an odd and small piece. He questioned what the opposition was to it. Mr. Cannon replied that the Planning Department's recommendation was a split recommendation. They have no objection to the existing zoning being extended to a line he indicated on the overlay. The Planning Department's objection to the rezoning of the southern half of the rezoning request was because, in doing so, you would immediately set a precedent for rezoning a parcel which Mr. Cannon pointed to on the overlay. Chairman Ryder noted it was an intrusion into other zoned areas. Mr. Cannon informed Mr. deLong that a C-3 district was to the east and an R-3 to the west. Mr. deLong could not get the logic in it and asked why they would want to take a piece and leave them with a smaller piece than they are starting with. It is zoned R-3, which is trying to make it that much usable for the present owners. There was no question that legitimate arguments could be made for a parcel of the crosshatch property to be rezoned C-3, but Mr. Annunziato said they still needed to continue to draw a line to separate residential from commercial property. He asked that the Members keep in mind the Comprehensive Plan requirement to extend 3rd Street northward to 18th. When they do so and take off a dedicated right-of-way on either side of the zoning line and property line, they will find that the property line lying west of the 3rd Street extension and south of 18th Avenue is very small. They could probably only accommodate eight or nine parking spaces if they were able to develop it for C-3 purposes. That was the positive to the applicant. Mr. Annunziato asked, "What is the negative to the City?" and answered that it then causes an incursion of commercial zoning into an R-3 area which is separated from the C-3 area to the east by 3rd Street, so 3rd Street forms the second line. 18th Avenue forms one line, and 3rd Street forms the second line as the north/south separator between commercial and residential property. To extend that commercial zoning southward of 18th Avenue will then likely result in an application to continue that C-3 zoning southward along the railroad tracks. The problem with that is that those are not good locations for C-3 zoning, so you likely have a request for something less than C-3 zoning, which then begins to negatively impact on the residential areas to the south. So you have to follow this chain of logic as to the future potential as to what happens south of 18th Avenue if there - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 is going to be a 3rd Street. will be a 3rd Street. The Comprehensive Plan says there Mr. Pagliarulo thought there was a right-of-way now for 3rd Street. Mr. Annunziato said in part, up to the south line of that property. North of that to 18th, there is nothing. Mr. Pagliarulo asked how Mr. Annunziato proposed to get the right-of- way through. As the properties develop, Mr. Annunziato said they will accept rights-of-way dedications. Mr. Trauger commented that if they gave any property, they would not have any left. Chairman Ryder advised that what they were doing was taking away a possible need for any frontage on 18th Avenue just for that little area, which precluded possible development for the area. Mr. Pagliarulo asked what purpose 18th Avenue had going to the railroad beyond the point that it is at. Mr. Annunziato replied that it does not go to the railroad but goes south. The idea is that 3rd Street would connect to 18th, where 18th currently terminates. Mr. Annunziato referred to the 1978-1979 Comprehensive Plan and said it was an issue raised by the Chamber of Commerce Traffic Committee in analyzing the traffic pattern south of Woolbright Road, west of U. S. 1. It was a desire on the part of the Chamber to include an additional north/south road to handle traffic in lieu of U. S. 1, given that you had the railroad as a separator. Mr. Annunziato understood the points the Members were raising about what to do with the property. About the only answer he could give was that you accumulate them, use the den- sity, and build a building on the part you can build it on. Mr. Pagliarulo asked if zoning could cross the street. Mr. Annunziato replied that it could but asked, "What good is that zoning for? What kind of C-3 use could you put back there that would be successful?" Mr. Pagliarulo pointed out that it is contiguous with existing C-3 and even though they have the right- of-way, he could not see why that could not be parking. Joseph B. Pollock, Jr., Agent, Building Co., Inc., 1201 Belvedere Road, West Palm Beach, Florida said the Building Co. has a contract to purchase the property from Robert J. Rose and son. As stated, it was a straight forward rezoning request for a 1/2 acre of property from R-3 to C-3. The intended use of the property would give them, as stated, access for service vehicles to the back side, along the railroad property, and for parking. Primarily, it would be employee parking. Mr. Pollock said the hatched area would be used for parking and required landscaping adjacent to the property line. The two - 21- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 vacant pieces north of 18th Avenue are owned by Sunshine Square Properties, and they intend, at some time in the future, to expand the shopping center or develop those vacant pieces of pro- perty. They asked for rezoning of the property adjacent to the railroad. It expands the property. Actually, if it was not used as a part of Sunshine Square Shopping Center, Mr. Pollock said it could not be used at all. Mr. Pollock said they agree that you really cannot construct a building on the piece of property in its present size, shape, or with a reduced size and shape for right-of-way. The only real use would be either for landscaping or parking. Chairman Ryder asked if the areas on the south side of 18th Avenue, adjacent to the hatched area, were owned by Sunshine Square. Mr. Pollock believed it was owned by Sun Bank. Vice Chairman Trauger asked if the employees now park in Sunshine Square and alluded to the problem of parking there. Mr. Pollock answered that this would be an expansion and development of other stores in the vacant property in the south side of the existing Sunshine Square shopping center. The property adjacent to the railroad would be service and employee parking. From an access and circulation point of view, Mr. Pollock said access to the Sunshine Square Shopping Center with future expansion of Sunshine Square to 18th Avenue and/or 3rd Street would provide additional opportunities for patrons to get to the center without having to circulate out on U. S. 1. He said they would certainly agree with that. Mr. Pollock informed Chairman Ryder that currently, they have no plans for developing the vacant area now available to them under C-3. Mr. deLong asked Mr. Annunziato what the caliber of homes in that area, contiguous to the C-3 zone, were. Mr. Annunziato thought they ranged from older homes to apartment homes, which are probably nearing twenty years old. Mr. deLong thought he saw a couple of strips that were reminiscent of motel types of develop- ment, but they were not motels. Mr. Annunziato informed him that there are two story apartments on 20th Court. As recently as two years ago, there was new construction of duplexes just to the north of the Pizza Hut. There is new construction in the area, but most of the homes are old. Rental apartments are in back of the fried chicken place. Chairman Ryder asked if anyone else wished to speak in favor or in opposition to the request. Ted Madjarov, 110 Bonita Drive, Ocean Ridge, owns a parcel along the railroad, which he pointed out to the Board. If they change - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 the zoning, Mr. Madjarov said he will have to come to the Board for the zoning. He urged the Members to make up their minds whether to approve or diapprove. If the City opens 3rd Street, Mr. Madjarov said there will be big problems. He believed the vacant lots were also zoned R-3. Chairman Ryder informed Mr. Madjarov his lot was R-3, and the other lot was C-3. According to the Board's requirements, Mr. Madjarov said his was the only land west of the property and said he would have to come and fill out an application for rezoning if they approve the property. Mr. Madjarov felt it was not right. He said they had to let all of the property there go to one zoning. Mr. deLong questioned whether Mr. Madjarov was against rezoning or for it. Mr. Madjarov did not know which way to go. Chairman Ryder explained that the applicant wants to change the hatched area from residential to commercial. He asked Mr. Madjarov how that would affect him. Mr. Madjarov indicated on the overlay that if he decided to develop an area, he would have to build it at the location he pointed to, and all the traffic from all over will go to another place he indicated on the plan. The Board received a note from Gene Moore, Attorney at Law, stated that he supported the application for rezoning. Chairman Ryder asked if anybody else wished to speak in favor or in opposition to the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle asked Mr. Madjarov if he had any immediate plans to *See develop his property.* Mr. Madjarov replied that he did. Mrs. page 1 Huckle questioned what he had in mind that stemmed on residential. 6/11/ If he decides to invest money in this piece of property, he ~inutes did not know how it would turn out. Prior to his knowledge that this applicant was asking for rezoning, Mrs. Huckle wondered if Mr. Madjarov had any firm plans for his property. She wanted Mr. Madjarov to tell the Members what his plans are. Mr. Madjarov had in mind to build but has to have quite a bit of money to develop it as it is. Mrs. Huckle thought it was interesting someone had planned to make use of residential property, which they are always anxious to preserve, if possible. Mr. Annunziato remarked that it was questionable how valuable commercial property would be back there, and one would have to consider what kind of commercial property could reasonably be developed on the west side of Third Street. Mr. deLong asked if they would not feel that any future commercial development there would be converse to what is there now if it all became C-3. Mr. Annunziato was not sure if any of the C-3 property which borders Third Street is properly zoned. He said there is probably MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 just as much opportunity that it can be developed for multiple family as for C-3. When you talk about C-3, Mr. Annunziato said you are talking about high visibility, high traffic commercial zoning. It has been his experience, watching properties develop in Boynton Beach, that highway frontage is very important. Once you get away from highway frontage, big businesses do not tend to do well, and you are left with a second or third level of commercial business. To Mr. deLong, it seemed less conceivable that someone would want to build new housing behind C-3 because, as long as he lived in Boynton, that area always looked like a commercial area to him, and he thought it was the highest and best use for it. Mr. Pagliarulo said they were talking about a strip of land that is R-3. If Mr. Madjarov's strip of land is ultimately changed to C-3 and they are going to insist on the road, Mr. Pagliarulo asked if he could still build R-3 on C-3 property. Mr. Annunziato replied, "Sure." Mr. Pagliarulo determined that Mr. Madjarov was not really affected in any way, shape or form. Mr. Annunziato thought there was also the responsibility to pre- clude the potential for bad development and offer an opportunity for a business to go in and go broke. He said there was a certain responsibility on the part of the City to prevent that from happening. Chairman Ryder told the Members they had a recommendation from the City Planner to recommend a change in zoning from present residential to commercial but to limit it to the center of S. E. 18th Avenue going south and from the north going to the center of S. E. 18th Avenue. That area only would be rezoned. Mr. Pagliarulo called attention to the parcel that was recom- mended to be kept as R-3, off the center line of S. E. 18th Avenue, and asked if the chances of that ever being developed were nil and it could never be developed. He asked if it was 30 feet wide. Mr. Annunziato replied that it could only be develop- ed in connection with the property to the south. He said it looked like they could put about eight or nine parking spaces on the property to the south. If they are going to split something like that and eventually extend 3rd, Mr. Winter asked if they wouldn't have to extend 3rd at least to the northerly line of S. E. 18th Avenue and not just to the center. Mr. Annunziato replied that the exact geometry has to be worked out, but it splits the zoning category. Mr. Trauger asked what the owner could do,with that small hatched portion. As suggested, Mr. Annunziato said it was really only usable in terms of density for the property at the south. - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 It appeared to Mr. deLong that they would be far better off to allow what few parking spaces they have and leave it R-3 than to have somebody there that would be so sandwiched in around C-3s, that they would invite blight. He thought they were far better off to let them have what they made application for. Mr. deLong moved to approve the total request of the applicant, seconded by Mr. Pagliarulo. Mrs. Ramseyer took a roll call vote of the Members, as requested by Chairman Ryder. The motion carried 5-2 in favor of the motion. Chairman Ryder and Mr. Winter voted against the motion. Mrs. Huckle was excused from the meeting at 10:00 P. M., as she had to meet an airplane. CONDITIONAL USE Project Name: Agent: Owner: Location: Description: Praxis Adult Care Residence Carl W. Linder Evangelical Lutheran Mount Olivet Church S. W. 3rd Street at S. W. 15th Avenue, Southwest corner Request for Conditional Use Approval to construct a thirty-two bed adult care residence Mr. Cannon indicated the location and surrounding land uses on the overlay. Access to the site would not be from Woolbright Road. Mr. Cannon indicated the S. W. 3rd Street right-of-way, which is an improved right-of-way from Golf Road to Woolbright Road. Because of the limited access easement to 1-95, which extends to a point shown on the overlay by Mr. Cannon, access would not be directly off of Woolbright Road. The use the applicant was proposing came under the category of a boarding house in the R-3 zoning district. Mr. Cannon read the Memorandum from Carmen S. Annunziato, Planning Director, dated April 15, 1985, to the Board. With respect to the access, Mr. Cannon said the Planning Depart- ment did not have a specific recommendation but thought it was something that had to be worked out between the applicant and High Point Condominium and, ultimately, the city Council. The Planning Department recommended that the conditional use appli- cation be approved, subject to the recommendations made in the memorandum of April 15, 1985 from the Utilities Director, Public Works Director, the Energy Coordinator, and subject to the specific recommendations of the Planning staff. Chairman Ryder asked if the south setback was 20 feet. Mr. Cannon replied that was correct. R-3 zoning regulations require - 25- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 a 40 foot front and rear setback and a 20 foot side setback. Chairman Ryder asked if they knew what the rear setbacks were on the condominium side. Mr. Cannon was not sure. Mr. Trauger wondered how they would shield the side against High Point. By the map, it looked to him like they were coming very close to the boundary line of three buildings in High Point. Mr. Cannon said the building is set back 20 feet from High Point's boundary line. Sleeping rooms would be all along the southern perimeter of the building. The service areas of the buildings are to the north, and he showed where the kitchen and meeting rooms would be. Mr. Annunziato estimated it was about 20 or 25 feet from where the buildings are to their property line on the north. Along the south side of the building, where the "T" is, there is a door. Where the indentation is and the building sets back an additional 20 feet, there are bedroom windows, but there are window air conditioning units. The landscape plans show the number of exist- ing pine trees which separate the building from the south property line. Carl W. Linder, acting as Agent for Evangelical Lutheran Mount Olivet Church, St. Paul,. Minnesota, said the property was a gift to the church. They are not located in the area and are most anxious to sell it and convert their gift into cash. Mr. Linder had an agreement to purchase the parcel from them, subject to the Board's approval of the conditional use, for the purpose of constructing an adult care residence. They have a similar resi- dence in Boca Raton and are fully licensed by the State. Mr. Linder felt their impact would be far less than the zoning currently permits, namely, an apartment house. Mr. Linder said they think it is the highest, best, and most sophisticated use of the land. From a community standpoint, it is the best use of the land as distinguished from a multi-family residence apartment. The application shows 32 beds. For all practical purposes, they intend to house approximately 24 residents on a 24 hour basis and will have eight private rooms and seven semi-private rooms. Staff requirements are one for every eight. They will have approximately four employees on the day shift, and on the evening shift, they will have two employees. When you com- pare this facility with a multi-family residence, there will be less impact populationwise. Mr. Linder said their people are fully ambulatory. They stay within the confines of the building. They have a Social Services Activity Director, who directs programs, arts and crafts, songfests, bingo, etc. - 26- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Linder said they also offer rehabilitative services. A study indicated that in South Palm Beach County, 1 out of 12 people require some form of attention after age 65. Until now they had two choices: Unregulated boarding houses, or nursing homes. They provide inbetween. These are fully ambulatory people. All they need is some assistance in dressing and medical assistance. Mr. Linder added that they feed them, house them, and see that their social needs and activities are met. It is all done within the confines of their building and the entertainment area to the north side of High Point. Mr. Linder said they should compare this with a multi-family residential unit with two bedroom apartments, an average of three people per apartment or 45% population, a car and 1/2, and far more vehicular traffic than their use. One of the advantages of adult congregate living is that not one of the residents has a car. A van transports them to church and other activities. There is less impact on the school system and other tax supported activities that the City of Boynton Beach provides. They think this is the most feasible use for this property. Mr. Linder told the Members they have to face reality that this property is going to be developed by somebody sometime very soon. He knew a lot of people would like the property to remain as it is but said the church is going to sell it, and the question before the Board was what the property should be used for and what its best and highest use would be. Mr. Linder submitted that their use would be the best and highest use. He showed a picture of the residence to the Members, and thought, aesthetically, it would be much nicer in the area than a multi-family apartment complex. Chairman Ryder asked if anyone else wished to speak in support of the application and received no response. He asked if anyone wished to speak in opposition. Mr. George Ampol, past President of the Board of Directors of High Point, 235 South Boulevard, was sorry Mrs. Huckle left and said it was probably because of a conflict of interest because her dad lives in High Point. He has lived in High Point since it was developed over 16 years ago. Mr. Ampol said 1-95 "bottles" them in because you cannot go from the east side to the west side. When 1-95 happened, the residents of High Point asked the City Council to pro- vide an emergency road for them. They have three private roads that they maintain themselves. The City street is S. W. 3rd Street. He credited Joe deLong with having "Ball - 27- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Park Road" put in and said the applicant wants to use Ball Park Road, which is High Point's emergency road. Mr. Ampol said every so often the residents of High Point spend several thousands of dollars on maintaining each of their private roads. Mr. Ampol said High Point is comprised of 660 unit owners with 7~ buildings on one acre and informed Chairman Ryder that the setback is between 45 and 50 feet. He emphasized that High Point objected to this retirement home. When Mr. Linder spoke to High Point's Board of Directors, Mr. Ampol asked what would happen if one of their elderly guests should stray, fall into one of High Point's five swimming pools, which are deep, and drown. He was told there would be security guards watching the guests, but Mr. Ampol said High Point would be liable. If High Point can prevent anything like that, they want to oppose the project. On behalf of the 660 unit owners of High Point, Mr. Ampol asked the Members to deny the conditional use the applicant was requesting. William Pfeiffer, said High Point is divided into four sections, and he is on the Board of High Point III. They view the request with great suspicion because, in their opinion, this is a commercial endeavor. He warned that the same thing that happens at the Holiday Inn where residents come in and leave the next morning could happen here. Mr. Pfeiffer called attention to the levels of residency and said Mr. Linder claims that he wants room and board for 24 people, but he read the agenda which says he is construct- ing 32 beds. Mr. Pfeiffer questioned how they would know that next year there would not be a second floor, a third floor, and as high as they can go. Also, Mr. Pfeiffer said residents could stay for a short time or a week or more. Another type of residency is where they bring people in by bus and drop them by the day. Mr. Pfeiffer said they were not talking about 24 people but maybe 24x4. Mr. Pfeiffer wanted the Members to give this their consider- ation and, if they were in favor of the project, High Point wanted some restrictions in that the applicant promised to properly screen the project and put a fence up. He said people with Alzheimer's disease could fall in the road or a swimming pool. If they open up the street onto 23rd Avenue, Mr. Pfeiffer said they will have all kinds of traffic problems and people - 28- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 will get killed. When there are ball games, there is traf- fic. The residents of High Point hoped the Members would give all of this their consideration. Kenneth King, 195 South Boulevard, High Point, thought the concept Mr. Linder was planning was lovely for the elderly people but right across the street is a baseball field. He asked how they could keep cars off of their private roads. The only access the project would have would be at the ball park, which was Mr. King's objection. He did not think it should be allowed in that particular area. Joseph H. Delaney, 315 Main Boulevard, High Point, said if these people do not come in, someone else will come in. He explained that he was impartial and trying to see what the best solution would be. Ball Park Road is not an official road, and Mr Delaney said the only official road is 3rd Street. He thought they would get 3rd Street opened, and the residents just paid a lot of money to get their streets repaired. Mr. Delaney stated that this project is similar to the one in Boca Raton which has day guests coming in. Mr. Delaney wondered if the High Point residents could generate enough money to purchase the property and either donate it to the City as an extension to their park or make it a park just for High Point residents. Inasmuch as there is no possibility of their entering from Woolbright, and 3rd Street is closed off now because of being such a hazardous and dangerous road in the past, Mr. Delaney did not think it behooved them to let additional people in there, but they had to recognize the rights of the owners of the property. Chairman Ryder advised there is access to Woolbright from 3rd Street but pointed out that they would never have 3rd Street opened at Woolbright. Mr. Delaney was thinking of 3rd Street at 3rd Avenue and meant there was no access to the applicant's property. He agreed there was an access on Woolbright through the park but said it is not an official road. William R. Murphy, 344 S. W. 14th Avenue, informed Chairman Ryder that he lives at the corner of 3rd and 14th, just across Woolbright Road. He noted the City staff took care to make sure that the lighting did not affect High Point but asked about the people who live across Woolbright Road. They live with the ball park's lights until 9:30, 10:00 and sometimes 11:00 o'clock at night. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Annunziato informed Mr. Murphy they were talking about low level, parking lot lighting for the project (lamp fix- tures no more than 10 or 12 feet high), which will be less than the lighting on Woolbright Road now. Mr. Murphy asked if Mr. Annunziato would guarantee that. Mr. Annunziato answered affirmatively because that was what was proposed. Mr. Murphy also objected to the development. Mr. Linder wished to allay some fears. One pertained to residents straying. The residents' recreational activities will be fenced in, and they will have personal service representatives who will be responsible for knowing where the people are at all times. The residents will have to sign out with the people responsible for them or a personal representative so they will not be straying. Mr. Linder said he would be pleased to create a preferential admissions list if that was what High Point cared for. Mr. Ampol referred to the shouting and volume of the public address system when there are ball games and its affect on the residents of the home. THE PUBLIC HEARING WAS CLOSED. Mr. Annunziato thought the access issue was pointed out very clearly by Mr. Delaney. Ball Park Road is not a road and not legal access as a driveway through public property. The private roads through High Point are not legal access. If Ball Park Road and the driveways through High Point are not available to the property, then 3rd Street is. It would be the publicly dedicated right-of-way that would provide access to the property and could not be denied. Mr. Annunziato confirmed Chairman Ryder's statement that he meant at the point where it is presently barricaded on 23rd Avenue. Mr. Annunziato thought the issue raised about day care was a good one, as it would add more traffic to the site. Mr. Linder admitted they have day care in Boca Raton but said they do not contemplate day care in Boynton BeaCh as such that they have in Boca Raton. They have a very small area just for their own adult care residents, which is the extent of it. Even if they did have four or five, Mr. Linder emphasized that they would come in only five days a week from 9:00 to 5:00. They would come in all at once, and there would not be any great vehicular traffic in the area, but they do not contemplate having a separate program for day care. - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 AS this is a conditional use and if that is a issue, Mr. Annunziato said the Board could address whether or not day care would or would not be an appropriate use in their recommendation to the Council. In the matter of Adult Care Living Facilities (ACLFs), Mr. deLong said it is not usual to have additional day care people bussed in, and he asked if it was Mr. Linder's intention to have that day care type of facility here. Mr. Linder replied that it was not and is not their intention. It was picked up because they offer it at Boca Raton, and he explained. Chairman Ryder asked if they took the ball park into account. Mr. Linder answered that noise does not affect their people, as they like activity to keep them motivated and moving. They would sleep despite the ball park. In terms of vehicles moving in and out into this parcel of ground, popu- lation, children in the area which High Point does not per- mit, Mr. Linder said these would be offered by any developer who would construct a multi-family apartment project. In comparing one with the other, this would have the least impact on the property as a whole. Mr. deLong wondered what the singularly most important attraction of this particular piece of property was for the intents and purposes of the project and asked Mr. Linder to keep in mind all of the detrimental factors he heard from the people with regard to the ball field, lighting, noise, and limited accessibility. He asked if it was a question of economics. Mr. Linder replied that it would probably cost more to develop this parcel than one four or five miles west of 1-95. Their concept is to keep the people in the com- munity and to keep them motivated and active. Mr. Linder explained and said they also offer services to people who take care of their parents and want to get away for a weekend. Chairman Ryder said obviously, High Point has been unable to consider acquiring the property. From time to time, the Board had applications for uses there, but they never went through. He agreed with Mr. Delaney that something else can happen here. It is zoned R-3, and they could have an apartment house, something that would bring in more traffic than is contemplated, or that would have more of a harmful impact on the neighborhood. Mr. Linder agreed and shared the concerns of the people of High Point. It is not a law yet, but he said the State is saying they are going to restrict the authority and right of - 31- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 municipalities to discriminate and set up certain types of zoning standards which discriminate against certain types of residences. Mr. Linder said they are addressing themselves specifically to mental retardation facilities. He thought everyone should be aware of the trend today and what they may be confronted with. For the record, Mr. deLong asked Mr. Linder if they intend to take in mental patients. Mr. Linder replied, "Absolutely not. By law, we cannot comingle. Ours have to be fully ambulatory. When they are no longer ambulatory, they have to go to a nursing home or a hospital. We cannot administer drugs. We can supervise the administration of drugs." It was conceivable to Mr. deLong that an apartment project could come along, and they could have the same case with young children as they might have with somebody with Alzheimer's disease. He thought what was scaring most of the residents of High Point was the commercial aura of an ACLF as compared to apartments. Nonetheless, a developer could put apartments in there loaded with children, which would impact on school costs and, in addition, if it turned out to be a rental apartment unit, a lot more undesirable and less controlled type of element might come in. Mr. deLong used Four Seasons as a fine example of an ACLF and thought the Members should seriously think of what could possibly come in there which would be more of a nuisance to High Point than an ACLF. Mr. Pagl~arulo moved to approve the request for conditional use approval but to not include day care, subject to the comments contained in the Memorandum from Mr. Annunziato dated April 25, 1985. Mr. deLong asked how deep the buffer of wooded area is. Mr. Annunziato replied that it is 20 feet where the building forms the south "T", and then it projects to about 40 feet to the property line where the main east/west boundaries of the building are. There is another 20 feet or more on the south side of the property line. Chairman Ryder remarked that there is quite a bit of clearance. Mr. Winter seconded Mr. Pagliarulo's motion. Vice Chairman Trauger said the road coming in 3rd, in back of the Mausoleum and ball park, was in bad shape, and he wondered who maintains it. Mr. Annunziato replied that the City does. City Manager Cheney thought the issue was there is one public street access to the site, which is 3rd Street at - 32- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 23rd. Ball Park Road is not a public street and is not maintained as a public street. It is simply access to the ball park. He thought either the Board or the Council would have to face the legal question of access at 3rd and Golf Road, which is a public access temporarily closed by approval of the City Council some years ago. That issue will face the current deVeloper and any developer that comes along, city Manager Cheney said they have the right to public access. If this project goes ahead, possibly folks in High Point will want to think about agreeing to provide an access ease- ment that would limit traffic over their private streets. If they are equally concerned about opening up 3rd Street to 23rd, City Manager Cheney thought if there was not some accommodation like that, 3rd street to 23rd would be forced to be opened. As the people who will live at the home will be mostly transported by van, he said it was reasonable for High Point to provide an easement by agreement for the right of this operation to use their private streets. City Manager cheney stressed that they could not avoid the question of legal access to this private property. In that case, Mr. Winter retracted his second to the motion. Mr. Wandelt commented that this may be the lesser of any evils that may come along, but he was not prepared to second the motion. Mr. deLong wondered if this matter could be tabled for additional discussion between Mr. Linder and the people at High Point. He wanted the people at High Point to reflect on the ramifications and impact that an ACLF might have there as compared to some of the other things that might be put on the corner. By the absence of a second, he said they might be killing something they wished they had not done. Chairman Ryder asked if he also felt the day care should be ruled out. Mr. deLong replied, "Yes." Mr. Wandelt seconded Mr. Pagliarulo's motion. As requested by Chairman Ryder, Mrs. Ramseyer took a roll call vote, as follows: Mr. Wandelt - Yes Mr. Pagliarulo - Yes Chairman Ryder - Yes vice Chairman Trauger - No Mr. deLong - No Mr. Winter - No There was a tie vote of 3-3. - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 In view of the tie vote, Mr. deLong moved to table the matter, give the additional time to both the applicant and people at High Point to discuss it, and to bring it up at the next meeting for review. Vice Chairman Trauger seconded the motion, and the motion carried 6-0. Chairman Ryder declared an intermission at 10:50 P. M. meeting resumed at 11:05 P. M. The MORATORIUM VARIANCE AND SITE PLAN APPROVAL Project Name: Agent: Owner: Location: Description: Pineland Plaza Dan Colachicco Kinrom of Florida, Inc. 211 South Federal Highway Request for a second variance to new construc- tion and building renovation in the Community Redevelopment Area to construct a second story of approximately 8,000 square feet consistent with the recently adopted CBD regulations Mr. Annunziato said Kinrom of Florida, Inc. is proposing to construct a second story to the previously approved Pineland Plaza, which was approved as a variance to the downtown moratorium seven or eight months ago. The request proceduraly flows to the Planning Director; through the Technical Review Board; back to the Planning Director; through the City Manager, who makes a recommendation to the Planning and Zoning Board, which sits as a special Variance Board for variances in the moratorium area. The Variance Board, by Resolution, makes a recommendation to the City Council as to whether or not the variance should be granted. Mr. Annunziato informed the Members that the 8,000 square feet will be utilized for office purposes. When the Council approved the amendments from the Central Business District regulations in the last couple of weeks, they reduced the number of parking spaces by 35%, so the 8,000 square feet became free space without the benefit of additional parking requirements. The Technical Review Board recommended to the City Manager that this request be approved, subject to staff comments from the Building, Utility, and Planning Departments, and the City Forester, which Mr. Annunziato read and which are listed in Exhibit B attached to Mr. Annunziato's memo of May 1, 1985. Beginning with the 5th paragraph, Mr. Annunziato read the Memorandum from Peter L. Cheney, City Manager, dated May 7, MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 1985. In his memo, Mr. ~heney wrote that the Community Redevelopment Agency (CRA) recommended that the variance be approved. Mr. Cheney recommended that the variance be denied and outlined his reasons on page 2 of the memo. Chairman Ryder said the Council recently approved the Ordinance establishing the Central Business District (CBD), which dictates the methods in which the developments will take place. They also established a Downtown Review Board. Any new development in this area will start with an applica- tion to the Planning Director, be referred to the Technical Review Board, go to the Planning and Zoning Board (P&Z) and Community Appearance Board (CAB), and from there will go to the Downtown Review Board consisting of five Members. (One Member will be from the P&Z Board and one will be from the CAB. The CRA will choose the other three Members.) Chairman Ryder continued that City Manager Cheney's memo pointed out that they were considering something that happened in the interim at the first variance and now, as a result of the CBD Ordinance approval, there has been a benefit with regard to parking. Chairman Ryder pointed out that the CRA's approval is not required. However, they were not unanimous in agreeing this possibly will meet with the concept the new plan will develop. From the plan, the Members could see the stores in the center with parking all around. The question was whether that was what they could expect to happen. Because of that, Chairman Ryder was inclined to feel this should go to the Downtown Review Board and the variance should not be granted at this time. Vice Chairman Trauger alluded to City Manager Cheney's memo and expressed that it is now time to start this process so the downtown development will have a consistency to the degree of architectural similarity and be compatible with the plans. He also recommended that the variance be denied at this time. Dan A. Colachicco, Kinrom of Florida, Inc., 3000 University Drive, Suite A, Coral Springs, Florida 33065, told the Members they have their project under construction. When the controversy came up over the Sea Mist Marina, it was an unexpected delay for them, but they waited to see if the CBD Ordinance would be approved. Mr. Colachicco was told by people in the CRA that it could be up to sixty days before the Downtown Review Board is appointed and activated. Referencing the procedure to apply - 35- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 for a variance, Mr. Colachicco said the developer feels there is an unusual and unnecessary hardship, and he should apply for a variance. In addition, their site plan and design has already been approved. If they do not put the second floor on the building, they will have a building that looks almost exactly the same without the second floor on it. From a design standpoint, Mr. Colachicco thought they had met the intent of the CBD Ordinance. Also, earlier this evening, St. Mark's was approved on almost identically the same request, and the discussion of the Downtown Review Board was never brought up. Mr. Colachicco said they were in a little different situation. They have gone in and spent their money and are out of the ground with their project. In light of the precedent Mr. Colachicco thought had been set in what they were requesting to do, the fact that the design and landscaping etc. for their building had already been approved in addition to their site plan, and they agreed (after discussions with Mr. Samuel Scheiner, who was the one who had the comments at the CRA) to develop a walk- way and benches to conform with that Code, Mr. Colachicco thought their request should be approved. City Manager Cheney interjected that there is a major difference between St. Mark's and this project. In the first place, St. Mark's is not on a major highway where it is visible on a major part of what is going to happen down- town. Secondly, St. Mark's is not adding any new students or new activity. They are rearranging their library and things of that nature. City Manager Cheney said there is no economic hardship because the developer has an approved plan he can go ahead with. If he choose to hold up his project, gambling that he may be able to save 35% of his parking and get a greater return on that piece of land, that is his choice. The gamble may produce something for him or may produce nothing. It seemed to city Manager Cheney that in return for that added investment income of 35% less parking and a whole second floor of additional building, the City deserved the opportunity to follow the total Ordinance that was passed by the City Council. The Council passed an Ordinance that did give a bonus on parking. He added that some things go with that 35%, and that is participating in a total review of the whole process. City Manager Cheney stated that he would not be at all surprised, as they go through the process, if this developer - 36- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 does get the second floor and the benefit of 35%. Whatever delay it is (30 or 60 days), it seemed to him they would double the size of their building on the same land. It might well be that the current attitude of the CRA is one thing but when that attitude is put in a meeting with five people who have not yet been in a meeting together (Downtown Review Board), City Manager Cheney said some other creative and innovative ideas as to how to implement the downtown plan, etc. may come forth, and he elaborated. City Manager Cheney suspected, as Mr. Colachicco admitted, that the applicant wanted to have this variance and get through so they could avoid the review by the Downtown Review Board. Mr. Colachicco commented that they are not trying to avoid the Downtown Review Board at all. If there was a Downtown Review Board today, they would be more than happy .to go through that procedure. If they are going to stick to the fact that in the CBD Ordinance you have to go through the anticipated proper pro- cedures, Mr. Colachicco said it should be that way for every- body. Whether St. Mark's is on the Federal Highway or not, it is in the Central Business District, and either they are affected by the CBD Ordinance or they are not. If a Down- town Review Board is going to be appointed to decide, Mr. Colachicco felt they should decide for everybody that falls under that jurisdiction. Chairman Ryder said the applicant elected to go ahead with- out waiting for the Downtown Review Board, had approval, and could proceed on the original basis. However, he firmly believed this should be considered by the Downtown Review Board. Vice Chairman Trauger moved that the variance be DENIED and follow the procedure recommended by City Manager Cheney. Mr. Winter seconded the motion, and the motion carried 6-0. SUBDIVISIONS MASTER PLANS Project Name: Agent: Owner: Location: Description: Mariner's ~Way Ivan Olsak, P.E. W. Collins N. E. 12th Avenue, east of U. S. 1 Request for approval of a subdivision master plan which provides for the construction of a 32 unit townhouse development - 37 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Annunziato said this development is located at the east- erly end of 12th Avenue on the north side of the finger canal which comes in from the Intracoastal Waterway, south of South Road. The Technical Review Board recommended that the plan be approved, subject to the staff comments from the Building, Utility and Engineering Departments. Ivan Ko Olsak, P.E., Olsak & Associates, Inc., 308 Greymon Drive, West Palm Beach, Florida 33405, agreed with the staff comments. Mr. Pagliarulo moved, seconded by Mr. Wandelt, that the master plan be approved, subject to staff comments. Project Name: Agent: Owner: Location: Description: The Landings (Modified Master Plan) Enrico Rossi, P.E. The Landings Apartments, Ltd. Southwest Congress Blvd. at Congress Avenue, northwest corner Request for approval of a modified subdivision master plan which provides for the construc- tion of 384 units on 53.2 acres Mr. Annunziato said the master plan was approved at last month's meeting but the applicant is shifting and reorienta- ting some of the buildings. Mr. Annunziato informed the Members that these are rental apartments and recommended this be approved, subject to the comment by the Building Department. Tom Register, Tampa, Florida, representing one of the owners of the property, said they will comply with the staff comment. Mr. Wandelt moved to approve the modified subdivision master plan, subject to the staff comment. Mr. deLong seconded the motion, and the motion carried 6-0. PRELIMINARY PLATS Project Name: Agent: Owner: Location: Description: Lakes of Tara Plat 2 Michael Ambrose, P.Eo Barry Barson Southwest Congress Boulevard at Congress Avenue, southwest corner Request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure - 38- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 improvements to serve 83 units in connection with a previously approved Planned Unit Development Mr. Annunziato said this was recommended for approval by the Technical Review Board, subject to the staff comments from the Engineering and Planning Departments. He recommended that the Board adopt $44,065.42 an acre as the land value for Recreation and Parks dedication purposes. Vice Chairman Trauger asked what happened to the money paid by the Cherry Walk development and what happened to the people who bought in Cherry Walk initially. Mr. Annunziato replied that the money was paid, and the City is spending it at Boat Ramp Park. This is the second phase. The value was recomputed, based on the current market value, and they will pay the full value. Mr. Annunziato explained how the fee was computed and said the people still have their private recreation, but the developer did not receive credit against the Recreation and Parks' dedication criteria because he did not meet the recreational requirements. He further explained and added that, in addition to the recreation which is being provided on site, the developer has to pay a fee to the City. Michael Ambrose, P.E., of D. M. Ambrose Associates, Inc., Consulting Engineers - Land Surveyors, 6190 North Federal Highway, Boca Raton, Florida 33431 informed the Members that Coral Gables Federal Savings and Loan Association is the owner of the property, but Barry Barson is purchasing it by an agreement he gave to Mr. Annunziato. Mr. Ambrose said the recreational matter the Members just discussed was one project. It was reverted back to its original name (Lakes of Tara), and Cherry Walk is no longer used. The original 60 some lots that were approved and the new 83 lots in this plat will share in the recreational facilities. Chairman Ryder recalled there was a time when they came in and asked that the recreational facilities be eliminated, and it was denied. He questioned whether Mr. Ambrose was saying that now they would have a recreational facility that would encompass the entire development. Mr. Ambrose was unaware of the request for elimination of the facilities and said the approval this Board gave was for a revised recrea- tional facility, slightly different than the Planned Unit Development (PUD) in which they turned a lot into a permanent parking facility because they did not meet parking requirements. He assured Chairman Ryder that there is a recreation facility, which is finalized in this plat. - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Ambrose agreed to all of the stipulalations and believed most of them had been met. There was discussion about the homes, Certificates of Occupancy, and the new owner. Mr. Pagliarulo moved to approve the request and to adopt $44,065.42 as the land value for Recreation and Parks' dedi- cation purposes. Mr. deLong seconded the motion, and the motion carried 6-0. Project Name: Agent: Owner: Location: Description: Chalet IV of Boynton, Plats 1 and 2 Wantman & Associates Chalet IV Corporation Miner Road at Congress Avenue, southwest corner Request for approval of the construction plans and preliminary plat, which provides for the construction of infrastructure improve- ments to serve 80 units in Plat 1 and 64 units in Plat 2 in connection with a previously approved Planned Unit Development Chairman Ryder said this is known as the Melear plat. Mr. Annunziato added that it is the land opposite Dos Lagos and read the staff comments from the Engineering and Planning Departments. The Technical Review Board recommended approval, subject to all of the comments. Joel Wantman, P.E., Wantman & Associates, 2328 South Congress Avenue, West Palm Beach, agreed to all of the conditions. He said they had numerous meetings with the staff and had no problems except for one. A loop road goes through the project from Congress Avenue to Miner Road that only services this project and connects to nothing but this project. The developer would like to have the option to put up guard houses and make this a secure community, and the only way they can do that is to make the loop road a private road. Mr. Wan~man asked the Board Members to consider that and said, other than that, they agreed to all comments. Mr. Annunziato advised that the City staff believes the road provides relief for the intersection, and it is important for the City to continue to have enhanced circulation. This has been expressed as a policy, and he referred to Quail Lake West, the Lakes of Tara, Meadows PUD, and Boynton Lakes PUD. Where these large subdivisions are served with road- ways, Mr. Annunziato said it is the feeling of staff that those major roadways should be open to the public for enhanced municipal access. This road runs west from Congress Avenue and then goes north and connects with Miner Road. Both Congress Avenue an~ Miner Road are arterials in - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 the County thoroughfare plan. They can have guard houses at the accesses off of the collectors. Mr. Wantman indicated the locations of Miner Road and the loop road on the overlay and said if you put guard houses at the other locations, it would become too expensive for the residents. 140 some odd units will be in the area, and they cannot afford a guard house on a full-time basis. That was why they wanted to put them on the main road. Traffic should go to the intersection of Miner Road because there will be a signalized, controlled intersection. There will be children on bicycles, playing, etc., and cars will be short circuiting through the subdivision, trying to beat the light. Mr. Wantman thought it was a bad situation and that traffic should be contained on Miner Road and Congress Av, enue and should not be allowed to come through that sub- division. There was discussion as to how often guard houses are manned. Mr. Wantman added that the residents would like to have that feeling of seCurity. Chairman Ryder guessed Mr. Wantman received the answer. Mr. Winter moved to approve the request, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 6-0. SITE PLANS Project Name: Agent: Owner: Location: Description: South Tech Industrial Plaza Richard Grimes Grimes, Carr and Walker 3000 block of S. W. 14th Place, east side Request for approval of a site plan which provides for the construction of a 33,386 square foot industrial building on 2~ acres Mr. Cannon said this is a request for site plan approval for a one story industrial warehouse building in Lawson Industrial Park, and he indicated the location on the over- lay. Access to the site will be by three driveways, which the Planning and Zoning Board approved. (Normally, only two driveways are allowed.) There is a loop drive around the rear of the building and 90 degree parking along the perimeter. A parking lot will be in front of the building with a single driveway. Along the front of the building facing S. W. 14th Place will be customer/employee entrances. All garage doors will be along the rear of the building. All water, sewer and drainage facilities are in. Mr. Cannon read the staff comments from the Building Department. - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Richard Grimes, 4295 N. W. let Avenue, Boca Raton, Florida 33431, said there is more parking than what is required. He had no problem with the staff comments. Mr. Wandelt moved, seconded by Mr. Pagliarulo, to approve the site plan, subject to staff comments. Motion carried 6-0. Project Name: Agent- Owner: Location: Description: Boynton Beach Mall - Site Plan Modification/Jordan Marsh Department Store Edward J. DeBartolo Corporation Boynton-JCP Associates, Ltd. Congress Avenue at Old Boynton Road, north- west corner Request for an amendment to the previously approved Boynton Beach Mall site plans to provide for the construction of a Jordan Marsh Department Store of 140,000 square feet Mr. Cannon said the two story department store will be located at the north end of the shopping mall. The maximum building height will be 38~ feet. The applicant secured a height exception from the City Council, which will allow a cooling tower up to 50~ feet. The building will be an off white masonry tile, and there will be entrances on the north, east and west sides and also a loading dock on the west side of the building. There were no staff comments. Pete Pushnick, Edward J. DeBartolo Corporation, Youngstown, Ohio, informed the Members that Jordan Marsh will be Edward J. DeBartolo's tenant in the mall. Mr. Winter moved, seconded by Vice Chairman Trauger, to approve the site plan. Motion carried 6-0. Project Name: Agent: Owner: Location: Description: Savannah Place at Quail Lake Richard C. Reilly, Architect Philip Conner Congress Avenue at Golf Road, northwest corner Request for site plan approval to construct 135 condominium units and recreational amenities on 11.74+ acres as previously provided for in the Kirsner/Cogen Planned unit Development - 42- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Mr. Cannon showed Congress Avenue along the east side of the plan, Golf Road on the south side, and S. W. 19th Avenue on the north. The entrance off of S. W. 19th Avenue will have a guard house, and a circular loop road will go to the end of the project and back up with 90 degree parking off of the loop road, There will be a total of 11 buildings with two bedrooms. The recreation facilities will be two tennis courts, an improved beach area, a pool house, a pier going out into the lake, and a swimming pool. There will also be a storage building and maintenance building. Drainage will be by means of positive drainage into the lake, which lies to the south. Water will be by an 8 inch line tied in at Congress Avenue on the north end. Sewer will run to a man hole and lift station at the extreme north- east corner of the property. The property is platted, but Mr. Cannon told the Members that the City Engineer commented that in order to show the easements for utilities and other dedications, the property should be replatted. He read the staff comments from the Building, Engineering, and Recreation and Parks Departments, and the comment from the Energy Coordinator. With reference to comment 93 in the City Engineer's memo, Mr. Cannon changed Quail Lake Water Management District to South Florida Water Management District. Dick Broadhurst, of Richard C. Reilly, Architect, P.A., 2500 North Federal Highway, Fort Lauderdale, Florida 33305, said they were aware of the staff comments and already addressed them. He informed Vice Chairman Trauger that the price of the units starts in the $70,000s. Richard C. Reilly, Architect, was also present. Mr. Winter moved to approve the site plan, seconded by Mr. deLong. Motion carried 6-0. Project Name: Agent: Owner: Location: Description: Mobil Oil Station Reconstruction Kieran J. Kilday Mobil Oil Corporation Congress Avenue at Boynton Beach Blvd., southeast corner Request for site plan approval to construct a new Mobil Oil facility, including car wash and convenience store on .9+ acres Mr. Cannon informed the Members that this site plan called for the complete clearing of the site occupied by the Mobil - 43 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 gas station. They are planning to install a convenience store which would include five pump islands with a canopy. In addition, there will be a self service, drive through car wash. All of the uses are permitted under the C-3 zoning regulations. The driveways were previously addressed by the Board and they denied the two driveways nearest to the intersection. Mr. Cannon indicated all of the driveways and parking on the overlay. He read the staff comments from the Building, Fire, Engineering, Utility, Public Works, and Planning Departments and also read the comments from the Energy Coordinator and the city Forester. With reference to the 2nd comment by the Engineering Depart- ment, Mr. Cannon believed it should be State approval and not County approval. As to the memo from the Director of Utilities, Mr. Cannon said the applicant would have to go under Congress Avenue to connect to the sewer line which runs along the west side of Congress Avenue. Mr. Cannon drew attention to the 1st comment by the Planning Department and said the service station will cease to exist. Jim Norquest, Landscape Architect, Kilday & Associates, 1551 Forum Place, Suite 300E, West Palm Beach, Florida 33401, requested that the comment by the Public Works Department be repeated and remarked, "OK", after hearing it repeated. Agents for Mobil Oil wanted to sit down with the Energy Coordinator and discuss their lighting plan with him, as they put in a lot of time and effort into working out their plan. There was discussion about the corner, the car wash, and convenience store. Vice Chairman-Trauger moved to approve the plan, seconded by Mr. Pagliarulo, subject to staff comments. Motion carried 6-0. OTHER Review of proposal to include automobile rental in the C-3 Community Commercial Zoning District Mr. Wandelt moved to approve the proposal, as recommended in the memo from Mr. Annunziato, dated May 2, 1985. Mr. Pagliarulo seconded the motion, and the motion carried 6-0. - 44 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 14, 1985 Appointment of Member and Alternate Member to the Downtown Review Board Mr. Winter nominated Simon Ryder as the Member of the Down- town Review Board, seconded by Mr. Pagliarulo. Motion carried 6-0. Mr. Winter nominated Walter "Marty" Trauger as Alternate Member, seconded by Mr. Pagliarulo. Motion carried 6-0. ADJOURNMENT As there was no further business to come before the Board, the meeting adjourned at 12:30 A. M. - 45 -