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Minutes 03-12-85MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 12, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Norman Gregory Ezell Hester Ronald Linkous Caesar Mauti John Pagliarulo Robert Wandelt, Alternate ABSENT William Schultz, Alternate (Excused) Carmen S. Annunziato, Director of Planning Tim Cannon Senior City Planner Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, and the Recording Secretary. He announced that Robert Wandelt, Alternate Member, was in the audience and Mr. Schultz was excused. Chairman Ryder acknowledged the presence in the audience of Mayor Carl Zimmerman, Councilman James R. Warnke, Councilman Samuel Lamar Wright, City Manager Peter L. Cheney; Hank Thompson, Chairman; Samuel Scheiner, Vice Chairman; Dianne Lawes, Executive Director; Don Combs~ and H. Peter Mooij, Community Redevelopment Agency; Owen A, Anderson, Executive Vice President; David McCarthy, Vice President; and Robert Foot of the Greater Boynton Beach Chamber of Commerce;-Lou Samyn, Board of Adjustment and Appeals; Dennis Koehler, Boynton Beach Task Force; Nancy Whitney, Boynton Beach Times, Kipp Friedman, Boynton Beach News Journal, and David V. Gibson, Jr., Sun Sentinel. MINUTES OF FEBRUARY 12, 1985 Mr. Gregory called attention to the Gateway Center project and said he voted against the project, not for it, as reflected in the minutes. On page 25, the 3rd paragraph was changed to read: " motion carried 5-2, with Mr. Gregory and Mr. Hester ~o[ing against the motion." Mr. Hester moved, seconded by Mr. Linkous, to approve the minutes as corrected. Motion carried 7-0. MINUTES OF SPECIAL MEETING OF FEBRUARY 14, 1985 On page 28, the third paragraph from the bottom, Chairman Ryder said the word, "propose" should be changed to "oppose". - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Linkous moved to accept the minutes as corrected, seconded by Mr. Mauti. Motion carried 5-0 with Mr. Hester and vice Chairman Winter abstaining from voting as they were not present at the meeting of February 14. ANNOUNCEMENTS None. COMMUNICATIONS Chairman Ryder said the communications would be read during the meeting. OLD BUSINESS A. PUBLIC HEARINGS (Tabled) REZONING Project Name: Agent: Location: Description: City of Boynton Beach Community Redevelopment Area Rezoning Carmen S. Annunziato, Planning Director South of N. E. 7th Avenue, west of Intracoastal Waterway, north of S. E. 2nd Avenue and east of FEC Railroad Request to rezone from R-3 (Multiple Family Residential), C-4 (General Commercial District), C-3 (Community Commercial District), REC (Recreation) and PU (Public Usage) to CBD (Central Business District) in order to imple- ment the Community Redevelopment Plan B. Consistency Review (tabled) Review of proposed Central Business District Regulations and related land development regulations for consistency with the adopted Comprehensive Plan Chairman Ryder said A and B would be considered together, but the Board would act on them separately. He said this was a continuation of a previous public hearing regarding consideration of two vital elements which are needed to implement the adopted plan for the revitalization of the downtown area. The elements are (1) the rezoning, which is necessary to establish a Central Business District (CBD) category; and (2) adopting land development regulations intended to conform with the basic concept of the plan. - 2 - MI~UTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 At the prior meeting, changes dealing primarily with per- missive and prohibited uses were suggested on behalf of the Chamber of Commerce, property owners, and others. As a result, this Board decided the Community Redevelopment Agency (CRA) should be given the opportunity to consider the suggested changes prior to the Board's further consideration. The CRA held a meeting on February 21st. Changes were made, and copies of the action taken were furnished to the Members of this Board. Chairman Ryder said it would be incumbent upon the Board to address both elements and forward its recommendations to the City Council. At the Board's request, Mr. Annunziato said the CRA took up ithe comments made at the Planning and Zoning Board's public hearing on an item to item basis and offered recommendations. He said the four major ones are: The issue of deleting a certain area from the effects of the Central Business District's zoning regulations. He indicated the area proposed to be deleted and said it referred to the comments made by Messrs. Beane and Samyn. Whether or not restaurants with drive through windows should be considered as a conditional use within the Central Business District. The CRA, in a majority vote, forwarded a recommendation to the Planning and Zoning Board that they be considered as a conditional use in the proposed CBD regulations. This issue involved dry storage at a marina and whether this should be allowed as a permitted use, a conditional use, or not be permitted. The CRA offered for the Board's consideration a unanimous recommendation to keep the documents as they were previously drafted by the Planning and Zoning Board in the workshop session; that is, that marinas be considered to continue to be permitted primarily as retail facilities only, and that dry storage or storage of boats not be a permitted or a conditional use. This issue concerned the makeup of the Downtown Develop- ment Review Board. Mr. Annunziato referred to the Memorandum dated February 25, 1985, addressed to the B~ard, from Henry Thompson, Chairman, Community Redevelop- ment Agency. In the third paragraph from the bottom, on the.last page, Mr. Annunziato read: ". .and one regular member of t~board, where possible, shall be a business owner in the Community Redevelopment Area." - 3 - MI%qUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Annunziato said some of the other changes were editorial, proposed to afford greater clarity, and others involved additions to landscaping. With reference to item 4, Chairman Ryder advised that the Downtown Review Board will still have one member from the Community Appearance Board, one from the Planning and Zoning Board, and three to be appointed by the Community Redevelopment Agency (CRA). Originally, the intent was to have those three be of a professional nature. However, the CRA decided they would replace one of those three either with a businessman or property owner involved in the core area. Communications Chairman Ryder had a letter from Councilman Warnke regarding the denial of dry boat storage and repairs in the CBD ordinance. In the letter, Councilman Warnke commended the new owners of the marina and said he thought the renovation plans for the marina would be welcomed by citizens of Boynton Beach as the first major renovation of the area in forty years. Chairman Ryder asked Councilman Warnke if he wished to talk about this. Councilman Warnke wanted the letter to be a matter of record in the minutes. Chairman Ryder read the letter, copy of which is attached to these minutes. Mr. Annunziato read a letter addressed to Chairman Ryder, dated February 21, 1985, from Michael A. Brinkman, Bud's Chicken & Seafoods, Inc., 507 North Federal Highway, Boynton Beach, opposing the exclusion of drive-thru restaurants as a permitted use and urging they be allowed as a conditional use. Chairman Ryder read a letter from J. W. Wagter, Atlantic Marine Services Inc., P. O. Box 2716, Pompano Beach, addressed to him, and dated February 28, 1985. The letter said that taking into account the present condition of the marina, imposing the proposed restriction may put in doubt the very existence of the marina in the near future. They also asked to be notified of Workshop and Planning and Zoning Board meetings so they can attend and make appropriate presenta- tions. Presentation by Dennis P. Koehler, Attorney for Henk van de Hoef and Willem Wagter, Owners of the Sea Mist Marina Attorney Koehler informed the Members that Mr. and Mrs. Walt Brown, owners of the Sea Mist, Incorporated, were present, - 4 - MI. NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 and they leased the facility that is on the Intracoastal. Attorney Koehler referred the Board Members to his Memoran- dum dated March ll, 1985 to which were attached a reduction of the site plan developed by the Sea Mist Marina owners, "Proposed Amended Language to Section 6.E. (CBD Central Business District)" provisions of the development regula- tions, and a copy of a news article from The Miami Herald, dated Sunday, March 10, 1985, which featured Walt Brown. Attorney Koehler said many of the points he made in the memorandum, which he read, had already been referred to tonight. He gave the Members short glossy versions of the Sea Mist Marina redevelopment plan and also put it up on the board. After the Boynton Beach Boulevard bridge goes through, Attorney Koehler said 60% of the property area will be open to the public. His clients are proposing a new restaurant and marine store facility, and the continued sales of gasoline for marine vessels will also take place in this area. It would really be a continuation and expansion of the present use. Attorney Koehler drew the attention of the Members to the plan and said the Marina's owners are prepared to link their watE~rfront property with the public wooden deck facility that the City recently constructed. That would further enhance public pedestrian access to the waterfront. Within the last year or so, the City constructed a nice elevated wooden deck facility at the end of Casa Loma Boulevard that meshes well with the Two Georges restaurant improvements. Attorney Koehler said his clients are willing to link all of this together so that virtually, the entire waterfront area (with the exception of the boat access points) will be accessible to pedestrians. When people travel over the new Boynton Beach Boulevard bridge from the east, hoPefully, the first thing they will see will be the heart of the central business district. To the south will be the dry storage area. Attorney Koehler showed the Members an Architect's preliminary rendering and said it was not something that was finally decided on. He pointed out that it showed the unified architectural theme, the attractiveness of the restaurant and marine sales building, the restroom facilities in the center, administra- tive office, repair facilities, and the dry boat storage. Attorney Koehler said his clients came up with an alter- native proposal that actually more resembles the bank plaza building immediately to the west. - 5 - MI~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 In conclusion, Attorney Koehler asked that the Board Members recommend the amendments outlined in his Attachment Two so the Sea Mist Marina's owners can proceed with their proposed Two Million Dollars renovation and reconstruction project as a permissible conditional use. Chairman Ryder informed Attorney Koehler that he was at the meeting of the CRA when they considered the various suggested changes. A good deal of the CRA's time was devoted to the matter of dry boat storage, and the suggestion of making it a conditional use was considered. When it is subject to conditional use, Chairman Ryder said the City has to exact certain conditions, but they have to be of a reasonable nature. In a sense, it makes it an unqualified permissive use, and he thought it should be recognized that when you enter into the area of conditional use, to a great extent it means permissive use. Attorney Koehler responded by saying everyone has a different interpretation and, as they all know, that depends on the feelings and impressions of the elected members who ulti- mately make that decision. What may be a conditional use to them may well be considered permissive to others° Attorney Koehler stated that he has great confidence in our City Planner and City Manager and felt they would recommend a series of restrictive conditions that will truly implement the conditional use intent of those CBD regulations. As far as guaranteeing the future, Attorney Koehler said that depends on the quality of the officials elected to the Council. Mr. Mauti noted that Attorney Koehler indicated some dry storage of boats on the site at the present time, and he asked where they are located. On the western and northern portions of the property, Attorney Koehler said the area where the proposed dry storage would go is presently a cleared area. A number of Royal Palm trees and other bits of vegetation are located there. Attorney Koehler hoped the Department of Transportation would preserve the Banyan trees located on the right-of-way. To answer Mr. Mauti's question, Attorney Koehler said the present facilities are located in the area immediately west of the end of the seawall area. These facilities will be totally razed and reconstructed. Mr. Linkous asked how far north the bridge would be from this present property. Mr. Annunziato estimated it was thirty feet. MI~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Henk van de Hoef, one of the Sea Mist Marina owners, drew what would "roughly" be the boundary line of their property and the limit of the bridge structure and embank- ment. Chairman Ryder commented that plans they have seen of the proposed bridge on the Boulevard indicate that there may be a service road on the southerly side of the viaduct. Apparently, if there is 20 or 30 feet, it probably would just about make it. Attorney Koehler showed the area, almost at the west property line, where the embankment that will begin the elevation over the Intracoastal Waterway will begin to go up. The structure is proposed to be the maximum of 45 feet and may be less than that. If it stayed "status quo" as it is now, Mr. Mauti asked if it could be seen from the bridge. If his clients are not able to proceed with their improvement plans, Attorney Koehler said there is no question that the situation would continue to exist and instead of having this marvelous, new vista as you approach the city from the east, you would have what you see now visible to everyone who visits the city. Chairman Ryder commented that the opportunities are not precluded entirely. He said this gave the Board some idea but when it gets to the point where it is actively pursued, the Technical Review Board and Downtown Review Board will get into the picture. Attorney Koehler reserved the right to make any additional comments when everyone from the public finished speaking. Brenda Brown, (wife of Walter Brown, President of Sea Mist, Incorporated), Secretary of Sea Mist, Incorporated, 9 Las Sendas, Boynton Beach, said they leased the marina from Mr. van de Hoef and Mr. Wagter and have plans for extensive development. Mrs. Brown commended the Board's approach to downtown Boynton Beach. She talked about Tampa, where she and Mr. Brown relocated here from. In their search for a marina, Mrs. Brown said they looked at approximately 12 on the east and west coasts of Florida. Boynton seemed to be the best, and Mrs. Brown explained why. Their investment in the Sea Mist Marina was done with visions of a thriving family run marina geared to the recre- ational activities for which Florida is known. Presently, Mrs. Brown said they have ten full-time and five part-time employees. On Saturdays and Sundays, Mrs. Brown said there are not as many cars on Federal Highway as you would think, mainly because they are parked in the marina parking lot and adjoin- ing businesses. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 By limiting the use of the marina, Mrs. Brown told the Board Members they may actually limit downtown pedestrian travel. People who live on boats seldom take them out fish- ing or cruising. The exclusive live aboard facilities Mrs. Brown has visited most often offer limited access by being surrounded by fences and patrolled by security guards. She asked if the Members really thought the pedestrians would visit the downtown area to watch people live on their boats. Mrs. Br. own said they often send people they cannot help to their competition. Mrs. Brown continued by saying they also have a plan to sponsor local fishing tournaments, thereby building the area's reputation as one of the leading blue water fishing centers in Florida. The gulfstream flows closest to the Boynton Inlet than any other spot in the United States. Mrs. Brown asked that the Members reconsider the definition of a marina and allow some additional uses under the C-3 definition. Limited operation will require fewer employees and create less of an attraction for the CBD. The feasibility of rebuilding the existing bulkhead, pilings, and facilities depends upon revenue generated by on land boat storage and repair facilities. Mr. David McCarthy, Vice President, and Member of the Board of Directors, Chamber of Commerce, was speaking instead of Owen Anderson. The Chamber of Commerce reviewed the position it had taken at the previous hearing on the CBD Ordinance on February 14 and at the Community Redevelopment Agency meet- ing on February 21st. Mr. McCarthy said the concerns expressed by the Chamber at these meetings about the restric- tive provisions of this Ordinance are real. In the Chamber's opinion, they are counterproductive to the needs that would attract private and business capital into the downtown area. A fine example of this was the Sea Mist Marina, as everyone heard tonight. Mr. McCarthy told how the Marina would be restricted and said no longer will dry storage, sales, repair, installation, building, rebuilding, or customizing of boats, engines or marine equipment be permitted. Due to the grandfather clause, he said businesses that are now operated at the marina will be permitted to continue. How- ever, they will not be allowed to improve, enlarge, or expand their operation under this Ordinance. As everyone heard, Mr. McCarthy said this is exactly what they must do to make their operation profitable. The existing Ordinance spells "doom" for this type of business in Boynton Beach and the loss of many jobs. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTONBEACH, FLORIDA MARCH 12, 1985 Mr. McCarthy concluded by saying the Chamber believes it would be to the best interest of the City to liberalize the uses of the CBD.and, therefore, reiterated its request for a Conditional Use status for the Marina. Assuming the Marina would get the Conditional Use, Mr. LinkouS asked Mrs. Brown what the Marina's projection of employment would be. Attorney Koehler advised that employment will be approximately doubled at the marina if it is allowed to expand. They will not be bringing people in from the outside but will be building from the existing employment base that is there today. Robert Gurda, owner of King's Room, (a hair styling place), 614 North Federal Highway, and a boat owner, spoke about the fine, upstanding character of the people at the Sea Mist Marina, whom he has known for 20 years both here and in the community he came from. He said they came from the finest architectural firm that worked in Tampa, and Mr. Brown was a past Captain on the Fire Department, who left to run the Marina. They invested their lives in the Marina. Mr. Gurda wants to go to this Marina (where they give the finest service) to have his boat repaired, not to Boca Raton or West Palm Beach. He was for the project the Sea Mist Marina is proposing and said they need the City's help to further their business. Marion Beck, 209 S. E. 6th Street, also spoke for Freda Bogle, 306 N. W. 3rd Street. Neither of them had any objec- tion to the Marina expansion and improvement. Janet Hall stated that she and her husband owned the Sea Mist Marina for over 20 years and put much of their life into it. The plans before the Board were things their family dreamed of doing with the property from the time they first acquired it. However, the time came when they felt they should look for someone who might be in a better position to develop it. At the time they negotiated, boat storage was a conditional use of the property. From their experience, Mrs. Hall knew you could not economi- cally operate a marina without complete, full service. She hoped the Board would not eliminate this conditional use and the possibility of a good storage building, because it is essential to the economy of a marina. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Joseph Pontes, 506 N. W. 8th Court, told the Members they were dealing with people's lives (his, the Marina's, etc.). Gentlemen were present who have had land here for twenty years. Mr. Pontes owns two buildings, which are his life. 25% of his business comes from the sale of hot dogs to people from the marina. If the people who bought the marina are deprived of dry storage, there will be no marina. Mr. Pontes urged the Members to consider the people who own the property and try to work it out some way that they can have a nice downtown and not hurt the people who will be involved. Samuel Scheiner, Vice Chairman of the Community Redevelop- ment Agency, speaking as a citizen of Boynton Beach, stated that he is a Registered Architect in the State of Florida, has been an Architect since 1940, and involved in a number of design problems. Mr. Scheiner noticed the whole discussion was not in terms of a downtown area but just about a marina. He was not against the Sea Mist Marina but was interested in a downtown area where all businesses are concerned. With reference to drive in windows, Mr. Scheiner never saw any drive in facilities in a successful mall. He said they were not creating a downtown area if they were having drive in and drive out facilities. The idea of a downtown area is to get people on the sidewalks, walking around, and shopping at different places. As far as the marina area, as Mr. Scheiner saw it, the only difference between our downtown area and the satellite shopping centers and malls we have is that we have a water- front. He urged that the waterfront be utilized for the public, not just for one marina. There are dry storage facilities on the border of Hypoluxo and Boynton Beach, and Mr. Scheiner described the facilities and activities by boaters at Hypoluxo. If they want to make the downtown area viable for the entire business district, Mr. Scheiner said they have to consider all of the businesses, not just the boating business. If they feel the marina is very important, he said maybe they should have just the marina downtown and forget about all of the other businesses because they will not have the businesses on Federal Highway if they allow that kind of activity on the waterfront. Mr. Scheiner said the idea is to get the waterfront open so everybody can go down, walk, see boats in the water, restaurants, and do business. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 TO make a viable dry storage area, Mr. Scheiner advised that about 300 boats would have to be stored there. He referred to the Baltimore waterfront and said there is no dry storage there. Chairman Ryder reminded everyone that people had a chance to speak, and others were waiting to be heard in other instances. Mr. Mauti gathered that Mr. Scheiner was in agreement with having the waterfront open to the public, and it would be a city function. He asked if a marina was an area where people could go down and see the waterfront. Mr. Scheiner replied, "Sure." THE PUBLIC HEARING WAS CLOSED. Mr. Mauti wanted Mr. Annunziato to tell the smaller people and the people that own some of the smaller pieces of proper- ty exactly in what manner the City and the CRA intend to beautify the downtown area. Chairman Ryder informed Mr. Mauti that you cannot do redevelopment without affecting people. There was disagreement. Mr. Annunziato answered that they were talking about a plan that was developed over a period of more than a year. Work- shops were held; it was reviewed by this Board for consisten- cy with the Comprehensive Plan and found to be consistent after certain changes. Basically, the intent of the plan was the redevelopment of a relatively small number of acres compared to the City in total and the potential reconstruc- tion of certain parcels. Mr. Annunziato said one of the interesting factors involved the construction of a new lagoon on the north side of the proposed bridge to bring the water amenity westward toward U. S. 1, a reconfiguration and turning around of the Kwik Chek Shopping Center so that it faces the east as opposed to the west. Basically, the intent was to have a retail, office, professional downtown that would bring people in to shop, stop at restaurants, walk the area, and enjoy civic areas proposed to be constructed and developed east of the Kwik-Chek restaurant, to be part of the living environment of the marina. By that, he meant having access to the water as a walking or shopping amenity. Mr. Annunziato explained Tax Increment Financing and said that is how the public would intend to provide the funding mechanism for the landscape and other architectural features they would be involved in, whether they are streetscape or utility improvements, purchases of land, whatever. Mr. Mauti added, "or condemnation." - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Linkous noticed that Mr. Scheiner alluded to the fact that it would be utilized for the public. He told of enjoy- ing the marina for 32 years and the number of people you see fishing from Midnight until 4:00 A. M. Mr. Gregory asked if there would be an individual vote on each of the items under discussion. Chairman Ryder replied affirmatively. Motion on Re~ Mr. Gregory moved to approve the rezoning, seconded by Mr. Linkous. Motion carried 7-0. Attorney Koehler asked what the subject of the motion was. Chairman Ryder informed him that it was the rezoning. Now they were coming to the regulations with regard to land development within the affected area. Mr. Mauti asked if they were going to take each individual item. Chairman Ryder reminded the Members that at the beginning, four major items were mentioned. He said the first was the drive-throughs as a Conditional Use. The CRA chose to make it a Conditional Use. Motion on Drive-throuqhs Mr. Mauti moved to approve Drive-throughs as a Conditional Use, as specifically stated in the ordinance. Mr. Linkous seconded the motion, and the motion carried 7-0. By approving the drive-through (Bud's Chicken) in this loca- tion, Mr. Gregory noted they were approving drive-throughs for the entire district. Chairman Ryder confirmed this and added that it is a conditional use within the entire affected area. Mr. Annuniato thought the only issue of real concern to the Board was the issue of dry storage. Unless there were any differences to the recommendations made by the CRA, Chairman Ryder stated he would like to see that approach. He added that it would be whether the Board wanted to recommend that boat storage be a conditional use. Motion on Marinas Mro Linkous moved, seconded by Mr. Pagliarulo, that dry storage be a conditional use. Chairman Ryder requested that MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mrs. Ramseyer take a roll call vote on the motion. At the request of Mr. Gregory, Mrs. Ramseyer read the motion. Mr. Linkous asked if he was correct in assuming that would give the Sea Mist Marina the authority to rehabilitate, which is what they want. As the Ordinance is set up, Chairman Ryder said the Technical Review Board and CRA will get into the picture, and certain conditions would be stipu- lated at that time. Mr. Linkous stated that his motion would still stand. Mr. Mauti asked if the motion was only on open storage. He was informed it was on boat storage, not necessarily open storage. Mr. Mauti asked if they were going to do repairs and sales independently. Mr. Linkous asked if this motion encompassed that. Mr. Annunziato advised that they were listed as separate items in the proposed regulations, and he imagined they should be addressed separately. He explained that there are a lot of aspects to a marina which may or may not be objectionable, and that was something the Board should consider. Mr. Annunziato said the Board should consider one of the primary aspects of the redevelopment plan was public access to the water as a resource, which they may or may not have as a result of the final plan proposed for the marina. The point Mr. Annunziato was trying to make was that the representations made tonight by Attorney Koehler were not binding on this owner or any other owner. The configuration which will have 60% accessible to the public may or may not happen. Mr. Annunziato did not think that was the kind of thing they could condition. He did not think that, in a conditional use, you could condition security away from an individual, if a marina owner needed to fence in his boat storage area for insurance or security purposes. Mr. Mauti asked about indoor storage. Mr. Annunziato thought an area, where they have equipment rolling, would still need to be fenced in for security and accident pur- poses. Aesthetics was something the Board would have to consider when an application is made for a conditional use. Another consideration Mr. Annunziato thought the Board ought to make was an economic one. If a structure is constructed for dry storage of boats, whether indoors or outdoors, the economic life of that structure and whether it will impede other areas in the downtown area to redevelop should be evaluated. In other words, they should consider whether or not someone will be willing to make an investment consistent with the redevelopment plan knowing there is an economic life left in a dry storage facility of 20 years. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Mauti did not think that was binding, under the con- ditions. Being a builder, he could not tell a man a building will stand for 30, 50 or 60 years. Mr. Annunziato guessed the point he was making was most generally, if a structure is built, it will~ probably be there for twenty years, which may or may not have an impact. Mr. Linkous was sure that these people, having so much money invested, would not construct something with a longevity of just 10 or 15 years. Chairman Ryder referred the Members to page 6, paragraph "q", under "2. Uses prohibited" of the CBD Ordinance, and read: "Dry storage of boats; boat dealers; storage, repair, installation, building, rebuilding, or customizing of boats, engines, or marine equipment." Mr. Annunziato also added, "m. Service, repair, sales, or storage of vehicles." Mr. Linkous and Mr. Pagliarulo agreed to change Mr. Linkous' motion to read that the above uses under "q" and "m", read by Chairman Ryder, would be conditional uses. Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 6-1 with Chairman Ryder voting against the motion. Motion on Consistency of Land Development Regulations with the Adopted Comprehensive Plan Mr. Hester moved to find the Land Development Regulations consistent with the Adopted Comprehensive Plan, and to exempt the six lots owned by Robert Beane and Lou Samyn from the CBD district. Mr. Mauti questioned whether they would be subject to the changes the Board voted on. Mr. Hester answered affirmative- ly, and Chairman Ryder agreed. Mr. Gregory asked about the plan, as it relates to the area east of the railroad, that was a subject of discussion. If the Board did not differ with the change the CRA made, Chairman Ryder said there was no point in the Board mention- ing it, and it would be forwarded to the Council. Mr. Gregory began to make a motion and was told by Chairman Ryder and Mr. Mauti a motion was not needed, as it was incorporated in the documents. Mr. Gregory wished to voice an objection. Mr. Mauti seconded the motion made by Mr. Hester. Chairman Ryder began to call a vote when Mr. Gregory asked to discuss the motion. - 14 - MI'NUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Gregory again mentioned the area, which Chairman Ryder said were six lots adjacent to the railroad. At the time the planners were considering the overall target area for the core area and encompassed these six lots into their over- all plan, Mr. Gregory thought they must have had some reason for doing it. He asked someone to address that situation. Hank Thompson, Chairman of the Community Redevelopment Agency, came forward. Last month, Mr. Gregory said it was recommended that those six lots be taken out of the core area, and he wondered what their thinking was when they incorporated it into the core area originally. Primarily, Mr. Thompson said they considered a blanket area, and that would be a weak part of the plan. It was not addressed again until later on. Due to the size, narrowness of the lots, and proximity to the railroad, Chairman Thompson said they wished to have it deleted from the CBD Ordinance area. A vote was taken on the motion, and the motion carried 7-0. Chairman Ryder declared an intermission at 8:55. meeting reconvened at 9:05 P. M. The NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Owner: Location: Description: Seacrest Properties Michael B. Schorah & Associates, Inc. Riteco Development Corporation Seacrest Blvd. at Miner Road extended Request for an amendment to the Future Land Use Element of the Comprehensive Plan to change 5.05+ acres from Local Retail to Moderate Density Residential and to rezone from C-2 (Neighborhood Commercial District) to R-1 (Single Family Residential District) Chairman Ryder had a letter from Wade Riley, Vice President of Riteco Development Corporation, dated March 11, 1985, asking that the application be withdrawn because the poten- tial purchasers decided not to purchase the property. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Project Name: Agent: Owner: Location: Description: Catalina Center Alan Ciklin, Esq., for Mark Walsh Walboyn, Inc. Congress Avenue at Boynton Canal, Northwest Corner Request for an amendment to the Future Land Use Element of the Comprehensive Plan to change 25.77+ acres from High Density Residential To Local Retail and to rezone from Planned unit Development with Land Use Intensity = 5 to C-3 (Community Commercial) Mr. Annunziato handed out copies of a letter dated March 11, 1985 from Alan J. Ciklin, Esq., Boose, Ciklin, Martens & Lubitz, Eighth Floor, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409, in response to the Staff Report Memorandum dated February 27, 1985, and letters with comments on the public hearing from residents. Mr. Cannon referred to the memorandum from the Planning Director to the Board, dated February 27, 1985, and said the Planning Department's primary concerns in this instance are the traffic generated and when the roadways of the city would be able to accommodate that traffic. He showed the location of the parcel and pointed out the surrounding land uses and zoning mentioned in the memorandum, and read the entire memorandum. To summarize, Mr. Cannon said the Planning Department, in conjunction with all of the city staff, recommended against rezoning this property to C-3, and was going along with the County Traffic Engineer that the uncertainty with respect to the traffic levels on the surrounding roadways was the major basis for opposing rezoning of this property. He stated that they do not think it would be wise to be in favor of the rezoning or approve it with the assumption the applicant was making in his traffic analysis. Until some- thing is known about whether the N. W. 22nd Avenue inter- change is going to be built, Mr. Cannon said it would be unwise to rezone the property. Mr. Cannon directed the Board Members' attention to the letter from Charles R. Walker, Jr., P.E., Director, Traffic Division, Department of Engineering and Public Works, Box 2429, West Palm Beach, Florida 33402, which was dated March 7, 1985. In his letter, Mr. Walker reiterated the Planning Department's recommendations, and said without an interchange at N. W. 22nd Avenue and 1-95, roadways serving this project would operate at an unacceptable level of - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 service (E). For this reason, the Office of the County Engineer felt the request should be denied until the 1-95 interchange has been approved, scheduled, and funded. Mr. Cannon wanted to reflect on the importance of the appli- cation with respect to the Comprehensive Plan. In the late 70's the County Commission adopted a thoroughfare plan, which provided for a maximum of six lane highways in Palm Beach County. Basically, Mr. Annunziato said you were talking about a network of six lane highways with intersec- tions of double lefts on all four approaches. When the application was proposed, Mr. Annunziato raised a concern as to what capacity remained in the thoroughfare system with respect to Congress Avenue and the intersections closely related with Congress Avenue (Boynton Beach Boule- vard and N. W. 22nd Avenue). At the request of the City and the County, the applicant prepared a saturation study, which took a list of projects where the property was already zoned and property where there was a potential for a certain kind of zoning and projected it into the future. That determined at this point and time what capacity remained in the system. Mr. Annunziato advised that the system fails at two inter- sections: N. W. 22nd Avenue and Congress, and Boynton Beach Boulevard and Congress. Mr. Annunziato directed the Board Members' attention to the traffic statement prepared by Kimley-Horn for the applicant, entitled "LAND USE SUMMARY" and "OPERATING CONDITIONS SUMMARY". If they looked at the system without the Catalina Center, Mr. Annunziato said they would see that the intersection of Congress Avenue and N. W. 22nd Street would operate at "D" level of service and 87% saturation. At Congress Avenue and Boynton Beach Boulevard without the Catalina Center, the level of service is "D" and the saturation is 86%. 90% is a delay for one or two lights and maybe more. With the Catalina Center, you do not see a tremendous increase (87% for Congress Avenue and N. W. 22nd Street, and 88% for Congress Avenue and Boynton Beach Boulevard). How- ever, Mr. Annunziato said this 87% and 88% assume that there is an interchange at Boynton Beach Boulevard and N. W. 22nd Avenue. Approximately 6,000 or 7,000 trips would be led off to the north as opposed to coming south and going through the Boynton Beach Boulevard, Congress Avenue intersection. Without the interchange, the system fails. Mr. Annunziato thiought that was the thrust of ithe comments of the County Engineer and the City Staff. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Many hours were spent by Members of this Board in the development of the policies for locating commercial land uses, and Mr. Annunziato said they are to be located arterially. Here, they would have an extension beyond that policy statement. It would make more sense if the proposal was at the intersection of N. W. 22nd Avenue and Congress Avenue. Mr. Annunziato stated that in this instance, it was felt this was an inappropriate land use at this location. Based on his experience, Mr. Annunziato said they were not only talking about this request but also similarly located properties throughout the system. There is a large parcel of land across from the mall where the City has land plans for moderate density residential. It is zoned R1AA, and has been that way since 1975. There was no question in Mr. Annunziato's mind that if this property is rezoned, it will be more difficult to deny a rezoning at that location, and that will be brought up in any form of litigation t~hat occurs. Mr. Annunziato said the applicant will argue that he is already impacted, but the decision of the mall was a distinct decision; Old Boynton Road and Congress were there; it was there, approved in the County, and was accomplished before the City annexed it. He did not think that could be brought into play because it was something that was given in the plan. Mr. Annunziato said the City is developing planned commercial development district regulations, and these seem to make more sense than a straight C-3 district regulation, if the City Council rezones the property. Also, it was pointed out that the opportunity exists for the creation of lots along Congress Avenue. On one of his plans, the applicant has shown the creation of two out parcels, which Mr. Annunziato said makes economic sense because it becomes very expensive property for a fast food restaurant, restaurant, gas sta- tion, bank, etc. Mr. Annunziato stressed that the City staff did not feel it should be treated lightly, as they felt there was a prece- dent which could affect the Comprehensive Plan. Because there is a capacity in the system, he said some comments would have to made with respect to the transportation ele- ment if the rezoning is adopted because then they would be talking about some funding mechanisms for an interchange at 1-95 and Congress. Mr. Annunziato added that there are a lot of "ifs" in that project. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Alan Ciklin, Esq. introduced Mr. Tom McMurrain, Ocean Properties Limited; Mr. Steve Godfrey, Kimley-Horn Associ- ates, Inc.; Russell Scott, Urban Design Studio, and outlined the procedure they would follow in making presentations for the applicant. Tom McMurrain, Vice President, Ocean Properties Limited, 8132 Glades Road, Boca Raton, Florida 33434, developer of the proposed hotel and conference room, passed out brochures to the Members, land informed them that Walboyn, Inc. is a subsidiary of Ocean Properties. Ocean Properties has been in this area for about 18 years and has about 20 hotels throughout the country, four of which are in Palm Beach County. One of their hotels is at A1A and Atlantic Avenue, Delray Beach. They received the most prestigious award (Torch Bearer) given for a Holiday Inn in 1982, and that was for their Holiday Inn at 1-95 and Glades Road, Boca Raton. Mr. McMurrain had pictures of the hotels, and the brochures showed the hotel lobbies and hotels under construction. Presently, they are planning a project at the intersection of Linton and 1-95 in Delray Beach. Mr. McMurrain said they feel this is a good location for a mixed use project. He showed the plan of Catalina Club and indicated the lake on the west side of their land. Across from them is Motorola, and the mall is to the south. The main entrance to the development is aligned directly across from Motorola's main entrance. There are two exist- ing multi-family resident units that have been built. Mr. McMurrain said they intend to take those two units and make them into luxury suites, which they can rent to some of their commercial customers (IBM and Motorola) who come in for a week or two at a time and want kitchen facilities. He showed where they would put the residential units and said they would wrap the hotel around it. This will form a courtyard appearance where they will put the pool, do all of the land- scaping and put all of the amenities for the people staying in the hotel. Mr. McMurrain referred the Board Members to the site plan and indicated the entrance, where you walk in, which will be the same type they have at Glades Road. Skylights will be across the top, and the back of it will be the high arched windows that will see straight through into the courtyard. Behind it is where they are proposing the office buildings and conference center with probably 450 seats. They can - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 have functions such as wedding receptions. It will be a big room that will be open to the public. One of the most important aspects of their business has become the commer- cial customer, and they need a lot of rooms year round. In addition, they will wrap the retail. The idea is the aesthetics, and that is to blend everything together. Mr. McMurrain said they use a Spanish Mediterranean motif with tile roofs, and the retail, hotel, and office building will be connected with walkways. In between all of the stores, they plan to put high towers and archways, so the appearance will be there. All of that will be in front of the lake. Behind the lake will be a lot of landscaping. Mr. Annunziato believed if there is going to be a major hotel built in Boynton Beach, the City would be very lucky to have people like Ocean Properties build it. Attorney Ciklin said Steven G. Godfrey, Professional Trans- portation Engineer, Kimley-Horn and Associates, Inc., 5800 Corporate Way, West Palm Beach, Florida 33407, would answer questions which would include (1) whether the roads in this area can handle the traffic of this project today; (2) whether at ultimate build out the roadways can handle the traffic; and (3) the effect of this project on the road- ways and the magnitude of that effect, if any. At the very outset, Mr. Godfrey said they conducted a detailed traffic analysis and found that at the time the Catalina Center is built out in the next several years, there is either sufficient capacity on the street system to provide an acceptable level of service with some reasonable improvements as in the case with Congress Avenue and Boynton Beach Boulevard. Mr. Godfrey commented that it was interesting to note that the improvements (six laning of Congress Avenue through that intersection through Boynton Beach Boulevard) will be required irregardless of this project, because the mall has been approved and other commercial development is coming on line, as well as Motorola. He said the improvements will also accommodate the planned Catalina Center development. One thing that came up as a result of their initial study was the question of what if everything builds out in the County that would impact these road systems and there is not enough capacity to solve the transportation needs. Something was done for this project that has never been done before. They looked some 30 to 50 years into the future to full saturation development of the County. In the study, they used the County's projections as to full development. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Godfrey said for the last three months, they have been working on this project with the City's staff and the County Traffic Engineering and Planning Departments to tie all of this together, and they made sure the County Traffic Engineering Department was totally satisfied with every assumption and every piece of work that was accomplished. Mr. Godfrey told of having two conversations today with the Assistant County Traffic Engineer and, as late as 4:00 P. M., the Assistant Traffic Engineer agreed that all of the data base in the saturation study analysis was quite correct, as were the conclusions. At build out of the County, the area in Boynton Beach and west of Boynton Beach, without an interchange at 1-95 and N. W. 22nd Avenue, Mr. Godfrey said they will experience a level of service of "E" conditions at the intersection of Boynton Beach Boulevard and Congress Avenue, irregardless of the~issue before the Board tonight. He said they will have congestion during the peak hour at that interchange, which should be no surprise, because that information was provided in the Development of Regional Impact (DRI). Mr. Godfrey said they are currently in the process of doing a feasibility study so that interchange can become fruition. Mr. Godfrey admitted that no one could guarantee the inter- change but believed that this Board and the City Council would not have approved the full impact of the Department of Commerce without agreeing first that in due time, course and process the interchange will come into fruition. Regardless of whether the interchange occurs or not, this particular project, with the additional impact it will generate, will not alter the level of service. The differential in traffic is about 2%, and they were talking about a potential level of service "E" condition in the 20 to 50 year time frame, whenever the City would like to believe this County will be built out. The Planning Department of Palm Beach County says 20 to 30 years. Outside of the afternoon and peak hours, Mr. Godfrey said the level of service will be quite good. The reason the afternoon and peak hours tend to be a problem in this parti- cular area is the significant impact generated by major employers (Park of Commerce and Motorola). Mr. Godfrey told the Board Members a significant point they must consider was the particular nature of the project (Commercial), and it was an opportunity for patrons to use it at their choice. Mr. Godfrey thought it was a remote possibility that the interchange of 1-95 and .N.W. 22nd Avenue can never occur - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 because he thought there was every reason in the world to believe it will occur. If it did not, the impact they projected (2% increase in traffic) likely will never occur during peak hour. He believed most people would not go through congested conditions to go shopping. Mr. Godfrey noticed there was discussion regarding access and the desirability of commercial at intersections. As a Traffic Engineer, he said this particular location is excellent for this prOject in that its primary access is across the street from Motorola, which has been already designed for signalization. Mr. Godfrey presented a graphic to the Members for the comparison of traffic generated by this project and some other projects which the Board recently considered. He said they were peak hour trips. Catalina Center was somewhere in the neighborhood of 700 trips; Catalina Club was slightly less; Motorola was about the same as Savannah Square, and they were greater; deBartola was quite a bit higher; and Boynton Beach Park of Commerce was significantly higher because of its employment base. This project has some impact but, relative to some other considerations, it is relatively small. Professionally, Mr. Godfrey had a problem with the concern that this project was breaking the back of the transportation system. In conclusion, Mr. Godfrey said they demonstrated in their studies that the project can work well with specific improvements to Congress Avenue, and it can work in a short term when an interchange at 1-95 and N. W. 22nd Avenue is not required. In a 10, 20, 30, 40, 50 year time frame, there will be substantial improvements to the street system. If the Board, the City Council, County Commission, the State Department of Transportation, and Department of Commerce do not make it their business to see that the 1-95 and N. W. 22nd Avenue interchange come into fruition, they will have congestion, and it will be significant. If it does, Mr. Godfrey said the net number of trips generated by this project in a peak hour will most likely be related to the available capacity because people can make alternative travel decisions. Right now, the interchange is going through a justification study to determine its feasibility. In the wisdom of what has already gone forward in the review by the County, the Region, and the City, and the approval by the Department of Commerce and in view of the requirements of them to fund the study that Kimley-Horn Associates is now doing and to con- tribute significant dollars to the implementation of the - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 interchange, Mr. Godfrey thought someone had a suspicion that it is feasible. The next step will be approval, and Mr. Godfrey had every reason to believe the interchange is approvable. They looked far enough to know that interchange spacing is adequate, which was the major concern of the Federal Highway Administration. Mr. Godfrey said they do not have all of the answers on the funding, and he referred to the answer they had on 1-95 to the north. He knew they already had a significant amount of dollars in the bank from the Park of Commerce and said this development, through its contribution towards impact fees, as well as other area development can make appropriate contributions. He added that that they may also be able to talk "Uncle Sam" into a few dollars. Mr. Godfrey estimated that the implementation of the inter- change most likely would occur in the 10 to 15 year time frame. It will not be here tomorrow, and no traffic projec- tions show it needs to be here tomorrow. Mr. Godfrey indicated an area on the plan that was in the neighborhood of 80 acres and said it was designated by the County as having commercial potential, although it is not currently known as commercial. He said it was considered as commer- cial in the saturation study and has already taken up a certain amount of capacity at the critical intersection of Boynton Beach Boulevard and Congress Avenue. If the 80 acres were not rezoned as commercial, Mr. Godfrey said the operating conditions at the Boynton Beach Boule- vard/Congress Avenue intersection would be better than what is projected. Relative to the questions raised by staff on the .975 peak hour factor, Mr. Godfrey said, given the relevant level of traffic demands at that time of day, it was an appropriate factor. Attorney Ciklin believed there were some facts that were not subject to dispute: 1. Ocean Properties is a first class, quality developer. 2. Although the City of Boynton Beach is one of the most dynamic growth areas in South Florida, a hotel and conference facility is significantly lacking in the city. 3. This particular project will generate only in construc- tion costs approximately Forty-five Million Dollars within the city. - 23- M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 The questions subject to debate are: 1. Can the services that are needed to accommodate this particular project be provided? Attorney Ciklin believed the answer was a clear and unequivocable "Yes," and he referred to the traffic studies indicating there is a traffic capacity both on the short and long term. 2. Attorney Ciklin said the only objective standard the County Traffic Engineering Department has in evaluating traffic is what is referred to as the County's traffic per- formance standards. If asked if those traffic standards have been met, Attorney Ciklin said the answer would also be, "Yes." 3. If they believed the applicant met the requirement to provide the services, Attorney Ciklin said the ultimate question was whether this is a good location for the project. He stated that they think the location is undeniable. There is a need because the only one in town is the Holiday Inn at 1-95 and Boynton Beach Boulevard. Attorney Ciklin reiterated the location of the site and submitted that it is seldom, where there is such a need, that such a project like this comes along at a location which they strongly believe is perfectly situated. Attorney Ciklin stated that they were proud of the project, pleased to present it, and felt they met all of the Board's criteria. Chairman Ryder asked if anyone else wished to speak in favor of this matter. Owen Anderson, Executive Vice President of the Greater Boynton Beach Chamber of Commerce, said the Chamber supported this project, basically, because it is an ideal location. One of the responsibilities of the Chamber is to support tourism. Today there are 401 motel rooms in Boynton Beach, and all of our rooms today are not modern and up-to-date. The Holiday Inn added 100 rooms five years ago. Mr. Anderson said the Chamber thinks the project is definitely needed. Susan Fair, 2709 S. W. 5th Street, has lived in Boynton Beach for 13 years, and has watched every area but Boynton Beach grow. She fully supported the project and thought the location was perfect. Mrs. Fair said the City desperately needs a nice hotel. Albert C. Blanchard, Vice President of C & R Developers, Inc., said they own property to the west and favor this - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 100%. They looked over the plans, feel they are fantastic, and that it will be a tremendous benefit not only to the people of Boynton Beach but to the entire economy. Mr. Blanchard showed Chairman Ryder the property they own and said it was the remaining parcel of the PUD. Chairman Ryder declared that THE PUBLIC HEARING WAS CLOSED. Chairman Ryder said they heard a lot about transportation and the interchange, and they were factors but, in his opinion, the predominating factor was that it was a good thing but did not belong here. He said it was contrary to the plan the City has now and could very well lead to a com- mercial strip on the easterly side, which is now zoned resi- dential, and the City does not want to see that. Chairman Ryder told the Members to forget about the pictures. What was before them was a change in zoning. If they go to C-3, anything can happen. It has happened before and can happen again. Chairman Ryder said what was being contemplated were out parcels, which they have at Boynton Plaza. Chairman Ryder wanted to hear from other Members of the Board. Mr. Mauti asked if there wasn't one before the Board not long ago that was contemplating a hotel on N. W. 22nd Avenue just where the interchange on 1-95 would be. Mr. Annunziato thought Mr. Mauti was referring to the area (approximately 30 acres) set aside for a hotel, conference center, and retail in the Boynton Beach Park of Commerce. Mr. Annunziato clarified that there was a major core area located central to the Planned Industrial Development (PID) on the south side of N. W. 22nd Avenue. There were addi- tional areas at High Ridge Road and N. W. 22nd Avenue in close proximity to a proposed interchange, which would pro- vide for hotel use. Mr. Linkous was still concerned with traffic. Once it is completed, supposedly, there will be 13,000 employees at the Boynton Commerce Center, 6,000 at Motorola, and he did not know how many were projected in this configuration. Although he thought Mr. Godfrey made a good presentation relative to traffic, Mr. Linkous was not satisfied. Mr. Gregory thought they had to look at what was said tonight in that he thought this particular project was eminent and something the people of Boynton Beach will re- ceive an immediate benefit from. With C-3 to the south and C-2 to the north, Mr. Gregory said the project was building to those two corner areas. It seemed to him that it would be a logical thing to happen in that particular area. As - 25- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 demands for the area change, Mr. Gregory thought they were probably looking at the highest and best use of this land, given today's circumstances. Chairman Ryder disagreed, saying the City does not want another Federal Highway where you have curb cuts every forty or fifty feet, and that is what this could lead to. Mr. Linkous informed the Members that there are 223 acres within three miles zoned for that particular purpose. Mr. Gregory said that may be true, but the applicant was propos- ing an immediate use of a public hotel that is much needed in the City; the people can enjoy that facility, and it will add to the commerce element of the character of the area and of Boynton Beach itself. Chairman Ryder remarked that the City does not like commercial zoning. Mr. Gregory thought they had to come into the 20th Century. Chairman Ryder argued that the Board Members are told this is good for the City. The applicants would not be here if they did not think it was good for them. Mr. Gregory said the Board Members had to consider the overall picture of how it would best benefit the city and how they can bring it on board to take full advantage of that. Chairman Ryder had no objection to what they planned. His prime objection was that they were undertaking to change the zoning, and he did not believe it was right to go with the whim of any applicant that comes around wanting to change the zoning, particularly when they start out on one basis and then have second thoughts. He contended that it was not the way to go. They do not let an applicant come along and tell the City what is good for it in the way of zoning and rezoning. Mr. Gregory did not think that was the case. Chairman Ryder reminded him that the applicant started out residential. Mr. Gregory agreed, but argued that the char- acter of the entire area has changed, and perhaps the County was remiss in allowing C-3 for the deBartolo Mall. Chairman Ryder and Mr. Linkous informed Mr. Gregory that the City was responsible for the deBartolo Mall. Mr. Hester understood these are reputable builders, from what everyone was saying. If it is C-3, he imagined the applicants would not go against what they propose to do. It is supposed to be built out in two or three years, and the Boynton Beach Park of Commerce would be 20 years. Mr. Hester thought the Board Members should look at what is needed now. As far as he was concerned, Mr. Hester thought it should be developed as a hotel, and he thought it was a good location. Granted, there may be strip commercial zoning, but Mr. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Hester said it is next to the mall, which is commercial, and further down the street Savannah Square is coming in. Mr. Linkous commented that they did get some input from people. Chairman Ryder informed him that the Board received some letters, and some of them live in Sand & Sea. Mr. Pagliarulo noticed that no one objected to this. Mr. Mauti did not think the Board asked if there were any objections. Chairman Ryder disagreed, saying he asked if anybody wanted to be heard. Mr. Gregory moved to approve the request, seconded by Mr. Pagliarulo. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. The vote was 3-4, and the motion was DENIED. Chairman Ryder, Mr. Linkous, Mr. Mauti, and Vice Chairman Winter voted against approving the request. Mr. Annunziato said it should be an affirmative motion. The motion was to approve, and there should be a motion to deny. Mr. Mauti moved to de_~ the request, seconded by Mr. Linkous. The motion to deny carried 4-3 with Messrs. Gregory, Hester, and Pagliarulo voting against the motion to deny. REZONING Project Name: Agent: Owner: Location: Description: Congress Lakes PUD (a/k/a Catalina Club PUD) Alan Ciklin, Esq. for Mark Walsh Riteco Development Corporation and C&R Developers, Inc. West side of Congress Avenue on both sides of N. W. 22nd Avenue Request for rezoning from PUD with Land Use Intensity = 5 to a new PUD with Land Use Intensity = 5 resulting from the removal of 25.77+ acres from the original PUD, plus the adoption of a new master plan therewith Since the first item was denied, Chairman Ryder did not think they had any choice but to deny this one. Mr. Annunziato concurred but advised that they had to conduct the public hearing, get some input, and the Board should act on it in due course. Mr. Mauti added, "Unless the applicant withdraws it." Vice Chairman Winter advised that they had not removed the 25.77+ acres so, therefore, there was no application. Mr. Pagliarulo pointed out that nothing had happened to approve the request. Mr. Annunziato said the Members' points were well taken, but a master plan was submitted. He thought, - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 for the record and to clarify this, the Board should act on both of these applications. It was Attorney Ciklin's understanding that when the motion to deny was 4-3, the 4-3 vote meant all three petitions. If the Board chose to go through another public hearing on the other two, Attorney Ciklin said that was fine, and they would wait. He understood the vote was on all of their requests. In order to save the Board time, Attorney Ciklin said they would accept and state it for the record. It was generally the same issues, and he said they would move on unless the Board chose to have a separate public hearing. Mr. Annunziato recommended that they go through the format of conducting a public hearing. If there were no speakers, they could get through it quickly. Attorney Ciklin wished the record to reflect that they did not concur with the vote. Mr. Annunziato referred to the point made by Vice Chairman Winter, which was that, in effect, the second application did not make sense without the first. Mr. Annunziato said the request before the Board was for the remainder of the Congress Lakes PUD (a/k/a Catalina Club) less the 25.77+ acres. For the reasons stated in his Memorandum of March 6, 1985, the Planning Department recommended that this appli- cation be denied. Mr. Gregory asked if it would not be to Attorney Ciklin's benefit to just withdraw the request on the other two rather than to have them denied. Attorney Ciklin replied, "No," and explained that they are going to move ahead with this. Since the public hearing was being conducted, Attorney Ciklin said some statements were brought out by some Members during the course of the last public hearing that he thought were totally inaccurate, and he wanted to bring them to the Board's attention. Attorney Ciklin showed a land use analysis of the area. The red was either commercial or industrial useage, and Attorney Ciklin pointed to the sub- ject parcel. There were suggestions that this parcel would create a commercial precedent to the north. As they could clearly see, Attorney Ciklin said Savannah Square is further to the north. If a precedent was created, it was created by past approvals. Attorney Ciklin pointed to an area and said, secondly, there was a suggestion that perhaps a precedent was created there. As the Members could see by the deBartolo Mall, he said the precedent had been created already. - 28- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Beyond all that, Attorney Ciklin thought perhaps the hardest comment to swallow was the comment that this is strip commer- cial. In his mind and in the minds of most professional planners, it was almost inconceivable that a project that contains 25 acres and has a courtyard type of effect with a hotel and conference center could be considered strict com- mercial. Attorney Ciklin told the Board that Ocean Proper- ties does not do strip commercial. They do hotel and confer- ence centers. There is a way to prevent strip commercial besides it being a planned commercial development. Attorney Ciklin advised the way to do that is to have the developer voluntarily put a restrictive covenant on the property that it will not be developed in strip commercial, in small parcels. He said this developer would be pleased to do that because this developer will do exactly what he had shown the Board. Although the Members were cautioned by Chairman Ryder not to look at the pictures, Attorney Ciklin said those pictures were exactly what this developer was going to do. He under- stood the concerns of the Members and could only tell them that, based on the applicant in this particular.situation, the concerns were unfounded. Lastly, Attorney Ciklin informed the Members that this particular person was not an owner of the original Catalina Club PUD but purchased the property within the last six months and sought to change specifically for the hotel and conference center. Mr. Annunziato referred to Attorney Ciklin's comments about planning. He admitted that they commented one could argue that it was an important issue but did not discuss it as an important issue, and they pointed out that it was unlikely that it would be divided up into 75 foot lots. However, Mr. Annunziato said the potential does exist, and the plan he saw that was submitted did propose the creation of two out parcels at the entrance road. One could argue either way. Mr. Gregory moved approval of the request. Frankly, Chair- man Ryder did not know how Mr. Gregory could do this but said he could try. The motion died for lack of a second. Mr. Linkous moved to DENY the request, seconded by Mr. Mauti. The motion to deny carried 6-1, with Mr. Gregory voting against the motion. - 29 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 ABANDONMENT Project Name: Agent: Owner: Location: Description: Gateway Centre Jeff Sherman Alfred Marulli, Jr. West Boynton Beach Boulevard between N. W. 7th Street and N. W. 8th Stret, south side Request for an abandonment of a special purpose easement in order to facilitate the development of the Gateway Centre Shopping Center Separating the lots that face north and the lots that face south of the proposed Gateway Centre is a utility easement that splits the property in half north and south. Mr. Annunziato said the applicant is proposing to abandon that easement over almost all of the utility easement. The request was modified from when it was originally approved. The easement has to remain intact to the south of 7-11. Mr. Annunziato said it was recommended that the request be approved, subject to limitations imposed in the memorandum from Tom Clark, City Engineer, dated March 5, 1985. Jeff Giovanni, representing the applicant, was present to answer any questions. He said they were proposing to abandon an easement, but he did not think it would affect anybody. Chairman Ryder asked if anyone wished to speak regarding this item. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Linkous moved to approve the request, subject to the memorandum from Tom Clark, City Engineer, dated March 5, 1985. Mr. Hester seconded the motion, and the motion carried 7-0. SUBDIVISIONS Pre-Applications Project Name: Agent-. Owner: Location: Description: The Landings Apartments Rossi & Malavasi Borman Development Company Congress Avenue at S. W. Congress Boulevard extended, west side Request for approval of a subdivision pre- application which provides for the construc- tion of 384 rental apartments on 52.8! acres Mr. Cannon said this is a revised pre-application. This was formerly known as the 1400 South Congress Subdivision MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 and was approved in the pre-application form several months ago. It is immediately north of the Cherry Walk subdivision and south of the Banyan Creek development on the west side of Congress. It has the same number of units as previously approved. Mr. Cannon said there was a change in the configuration of the lakes and the access way of the parking areas. They are showing an entrance onto Congress Avenue. The only staff comment was from the Engineering Department, and they recommended that the access be eliminated, as S. W Congress Boulevard provides more than adequate access. Mr. Cannon said the previously approved pre-application had one centrally located recreation area, and they were now showing two separate recreation areas (one on the east side and one on the west side). Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., Consulting Engineers, Forum III - Suite 407, 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401-2179, addressed the Engineering Department's comment that they have to connect onto S. W. Congress Boulevard. Mr. Rossi had a graphic which had Congress Avenue blown up, and he pointed out on the graphic that technically and geometrically, that was not the problem here. Mr. Annunziato referred everyone to the overlay and said along the entire southern length of the property is S. W. Congress Boulevard. Along the entire eastern border is Congress Avenue. North of it is the Stonehaven project called Banyan Creek, and west of it is undeveloped acreage. Chairman Ryder asked if there was an arrangement for a left hand turn where Mr. Rossi showed his entrance. Mr. Rossi said what he was showing graphically was what could be done at this particular location, being 600 feet north of the intersection of S. W. Congress Boulevard. Mr. Annunziato informed Chairman Ryder that the comment of the Technical Review Board went back to the position that this Board and the Council have taken continuously on Congress Avenue, that is, to limit the curb cuts on Congress Avenue. S.W. Congress Boulevard was proposed and is constructed as a collector. It would function, and it has always been planned to function, beginning from "Day 1", to serve the properties on the north and south side entering Congress Avenue at a signalized intersection at S. W. Congress Boulevard and Congress Avenue. Mr. Annunziato said their comment is that they continue to function that way, - 31- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 that the access on Congress Avenue is superfluous since the property is properly served with 2,000 feet of frontage plus or minus on S. W. Congress Boulevard. That was the reason Mr. Rossi was bringing this point up. He wanted to address the question of whether it was physi- cally possible to do it. Mr. Rossi said Mr. Jim Driscoll, Borman Development Company, would address the question of why it is needed on Congress Avenue. Chairman Ryder expressed that it made a lot of sense to limit it to S. W. Congress Boulevard. Mr. Rossi informed the Board Members that he met with the County Engineer's office, who has jurisdictional rights over the road, and went over the graphics he had shown to the Board. The County Engineer's office indicated that they would have no problem permitting that particular turnout, so it was not a question of whether or not it could physi- cally be put on there. They have the proper distances, etc. As Mr. Rossi saw it from the conference with the Engineering staff, the problem was the Engineering staff wanted them to limit themselves to connections only with S. W. Congress Boulevard. Chairman Ryder pointed out that the situation is critical and, until such time as they widen Congress Avenue, it is getting worse all of the time. Mr. Rossi said there was a question that had not been addressed in this whole thing, and he wanted Mr. Driscoll to address it. Mr. Jim Driscoll, appearing for Borman Development Company, prepared a rendering showing the approximate front elevation of the property looking from the east to the west with the proposed cut on Congress Avenue. From a business standpoint more than anything else, Mr. Driscoll said they believed a business such as renting apartments needs exposure on the frontage. Although they appreciated the comments from the Engineering Department concerning Congress Avenue, Mr. Driscoll pointed out there are a number of developments, and he mentioned Cherry Walk on the south. He requested a frontage so that they would have an exposure point of interest for their prospective residents to be able to come and go from the property. Mr. Driscoll said the very least they would ask for would be a right turn in and a right turn out situation without a median cut on Congress Avenue, so they would be enabled to have a frontage where they can have a nice entrance estab- lishing their property. Mr. Driscoll said it is necessary - 32- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 in any business to present a good appearance to a prospec- tive client, and he believed this would enable them to do it. Without that exposure, it will be very difficult, because of the setback, to have any entrance that will be visible from Congress Avenue and will enable them to do all of their business in a proper manner. Their major concern was being able to have frontage on Congress Avenue. One of the reasons they chose this location was because of its exposure. Chairman Ryder referred to Stonehaven (a/k/a Banyan Creek) and said they would duplicate what is at Golf Lane and Congress Boulevard. He thought it was a mistake. Mr. Rossi advised that the County is in the process of pre- paring the designs for four-laning that road. When the time comes for the four-laning, there will be a right turn in and a right turn out. In this case, traffic has to go by the office and by the existing Cherry Walk project. The least situation would allow a right turn in and a right turn out. Even if they have the four lanes, going north Chairman Ryder said they would have to have two median cuts within a couple of hundred feet. Mr. Rossi said it would be impossible to have a median cut for Stonehaven because of its close prox- imity to Golf Lane, and there would not be right turn lanes. Chairman Ryder did not believe that would happen, regardless of the distance from Golf Lane. He did not see how they would be prevented from having a cut. Mr. Gregory wondered if Mr. Rossi was saying that at the time they four-lane Congress Avenue, this will no longer be allowed and if he was really asking for temporary relief for temporary access. When they four-lane, Mr. Rossi said people who now have left turn movements will probably lose them. What they were saying was they are 600 feet north, and he asked that they at least be allowed a right turn in and a right turn out to keep from going into a commercial development on the south side and also from interfacing with Cherry Walk. If they have an alternative of using Congress Boulevard rather than Congress Avenue, Chairman Ryder could not see why they should go with that. Mr. Driscoll pointed out that more things are involved than just traffic in a community. He did not think something with a right turn in and a right turn out would be a hindrance on the traffic flow there. Mr. Driscoll said they are not trying to impede traffic but are trying to have the ability to do business with their property and present a good entrance off of Congress Avenue. - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Linkous moved to approve the request, subject to the staff comment by the Engineering Department. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Mariner's Way Ivan Olsak, P. E. Wendall Collins N. E. 12th Avenue, north of Lake Worth Mariner's Village Request for approval of a subdivision pre- application which provides for the construc- tion of 35 units on 4.75+ acres Mr. Cannon said this was a resubmission of the application for Mariner's Way. The new owner is restarting the whole subdivision procedure. Mr. Cannon believed the final plat was approved by the City Council in 1980. However, the final plat was never recorded by the owner at that time. Mr. Cannon indicated the location of the site and said access is off of N. E. 12th Avenue, which comes off of U. S. 1. The property is presently zoned R-3, and the developed plan being submitted is potentially a higher density. The development plan originally called for 32 two story townhouse units served by a private road. Mr. Cannon said there was a letter concerning the sanitary sewer from Ivan K. Olsak, P.E., Olsak & Associates, Inc., 308 Greymon Drive, West Palm Beach, Florida 33405, dated January 5, 1985. He read the staff comments from the Build- ing and Engineering Departments. Mr. Olsak was familiar with the staff comments and had no problem with them. Mr. Annunziato informed Chairman Ryder that he did not think there was a sewer problem. Vice Chairman Winter asked about fire protection. Mr. Annunziato replied that the property is north of Lake Worth Mariner Village, and you would go east on N. E. 12th Avenue. Instead of going south intlo Lake Worth Mariner Village, you would go north into a road that terminates into a cul-de-sac. Fire protection would be standard. Mr. Pagliarulo moved to approve the pre-application, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 7-0. Master Plan Modifications Project Name: Cherry Walk (formerly known as Lakes of Tara) PUD - 34- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Agent: Owner: Location: Description: D. M. Ambrose Coral Gables Federal S. W. Congress Boulevard, west of Congress Avenue, south side Request for approval of three modifications to the previously approved master plan Mr. Cannon read the Memorandum from Mr. Annunziato, Planning Director, dated February 26, 1985, and said it summarized the changes being proposed. He called attention to the letter from D. M. Ambrose, P.E., D. M. Ambrose Associates, Inc., dated February 20, 1985, and read the staff comments from Tom Clark, City Engineer. D. M. Ambrose, Engineer. for the applicant, said the comments described what they were asking the Board to approve, and Mr. Clark's comments were on the actual angle proposed. It is rather steep all around the lake. Approximately four or five years ago, as it was originally excavated, it held up at that angle of repose. In trying to reestablish it to the location as shown on the PUD (it was 70 feet as opposed to 46 feet, which they were asking the Board to accept), Mr. Ambrose said they found it was so deep there, it was extremely difficult to stablilize it. They stabilized it with large boulders and sand but reached the point where it was economically unfeasible to continue, because it is somewhere in the area of a depth of 30 feet. Mr. Ambrose thought they had done what technically is sound and economically feasible with respect to the lake. He informed Chairman Ryder that Colonial Federal recently put in excess of one Million Dollars into the project and honored all of the homes, which were in jeopardy, that were sold (30 or 35). Chairman Ryder recalled that the applicant was previously before the Board, had sold some homes, and wanted to cut out the recreation facility. Mr. Ambrose informed Chairman Ryder that was another representative, but it was one of the items. What was stated was that the PUD which the Board approved approximately two years ago did in fact show a 20x40 pool and a recreational facility. Mr. Annunziato informed Mr. Linkous that the applicant was asking for proof that the slopes are stabilized, prior to the release of bonds. He confirmed Chairman Ryder's state- ment that the City Council found no substantial change at the last meeting. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Mr. Mauti moved to approve the master plan modifications, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Meadows PUD Urban Design Studio Hasco Development Corporation Meadows Boulevard Request for approval of lot layout and set- backs on Parcel M and authorization to shift six units from Parcel M to Parcel G Chairman Ryder noted that this was approved by the Technical Review Board, and the City Council approved no substantial change. Russell C. Scott, ASLA, Senior Project Director, Urban Design Studio, Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409-6582, act- ing as Agent for Hasco Development Corporation, told the Members they are proposing to transfer six units from Parcel M to Parcel G. What was different about this project, which Mr. Scott thought was noteworthy, was the variation of the typical zero lot line development the Board Members were familiar with. He showed a comparative drawing and informed Chairman Ryder that they have a windowless wall at the zero lot line and are proposing the "Z" shaped lot line. The portion of the building located on the property line is staggered on tWo sides of the lot. Chairman Ryder commented it was great because it was more open. Mr. Scott agreed that it gives more ventilation and allows for the creation of more interesting open spaces. They also designed it with options for a variety of developments in the rear yard to include decks, spas, screen rooms, patios, etc. which meet City Codes. As a result of the "Z" shaped lot, Mr. Scott said there is an opportunity for significant open space where the angular lots meet the streets because there is a continuous band of commonly owned open space in which they have located pedestrian bike paths to get to the recreation center. It also allows for alternating of garage spaces, and they can be clustered. Mr. Annunziato interjected that the staff recommended that the plan be approved as submitted. Mr. Mauti moved to approve-the master plan modifications, seconded by Mr. Pagliarulo. Motion carried 7-0. - 36- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Preliminary Plats Project Name: Agent: Owner: Location: Description: Lakes of Hypoluxo Christopher Hurst, P.E. Contemporary Community ConcePts Corporation Hypoluxo Road, south side Request for approval of construction plans and preliminary plat which provides for the construction of 78 zero lot line single family detached homes in the Lakes of Hypoluxo Planned Unit Development and a request to set the land value at $35,050 per acre for recreation and parks dedication purposes Mr. Annunziato said this was the subsequent step to approval following the approval of the PUD. Staff recommended approval of the preliminary plat, subject to staff comments by the Building, Engineering, and Police Departments. Mr. Annunziato said the Board also had to make some conclusions with respect to the land value. The applicant submitted information as to the value of the land. Staff recommended that the land value of $35,050 per acre be accepted, as it was a recent purchase price. Christopher Hurst, P.E., Paramount Engineering Group, 350 Camino Gardens Boulevard, Boca Raton, Florida 33432, said they were familiar with the staff comments and had no problems with them. Mr. Hurst told Chairman Ryder, as far as he knew, $35,050 was a valid figure. Mr. Mauti moved to approve the preliminary plat, subject to staff comments, and to approve the request to set the land value at $35,050 per acre for recreation and parks dedica- tion purposes. Mr. Hester seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Savannah Square Rossi & Malavasi, Engineers, Inc. Sybar, Inc. Congress Avenue at N. W. 22nd Avenue northeast corner Request for approval of construction plans and preliminary plat which provide for the construction of a commercial subdivision Mr. Annunziato informed the Board that the Technical Review Board recommended that the preliminary plat be approved, subject to the staff comment from the Engineering Department. - 37- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Enrico Rossi, p. E., Rossi and Malavasi Engineers, Inc., Forum III - Suite 407, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-2179, had no problem with the staff comment. Mr. Hester moved to approve the preliminary plat, subject to staff comments. Motion carried 7-0. Project Name: Rollingwood Agent: Burl Gentry Owner: Swinton Development Corporation Location: Seacrest Boulevard, south of St. Joseph's Episcopal School Description: Request for approval of construction plans and preliminary plat which provide for the development of 52 single family detached homes on 15.3 acres, and a request to set the land value for parks and recreation dedication purposes at $67,973.86 per acre Mr. Annunziato said the Technical Review Board recommended approval of the preliminary plat, subject to the staff com- ments by the Engineering Department. The applicant proposed that a different land value be set, based on a second letter from Mr. William Cole, Appraiser. Mr. William Klingshirn, Senior Vice President, Marvin Helf Organization, understood the land value was to be estab- lished, based upon the market value of the property and the condition it is in today. He believed the first letter sent by Mr. Cole setting the land value at $83,856 per acre was a misunderstanding between Mr. Annunziato, Mr. Cole, and him. The market value Mr. Cole put in the first letter included improvements to the property, as though they would be fully developed. Mr. Klingshirn corrected that and had Mr. Cole supply a fair market value of the raw land, which was $67,973.86. Mr. Annunziato concurred with this value, and Mr. Linkous commented that $83,856 was high. Mr. Klingshirn was aware of the staff comments. Mr. Mauti moved to approve the preliminary plat, subject to staff comments, and to set the land value for parks and recreation dedication purposes at $67,973.86 per acre. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. SITE PLANS Project Name: The Storage Place, Ltd. Site Plan Modification - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 Agent: Owner: Location: Description: Steven Brock The Storage Place, Ltd. Congress Avenue at Neptune. Drive Request for a modification to a previously approved site plan which provides for a 15,000 square foot addition to the Storage Place warehouse facility Mr. Cannon indicated the location of the project on the overlay and read the staff comments from the Building and Fire Departments. Mr. James S. O'Connor, Owner, was aware of the staff comments and had no problems with them as long as he under- stood the Fire Department,s comments. He said the Fire Department made that comment before about the hydrants, but they worked it out each time with the Fire Inspector. Assuming that, Mr. O'Connor had no problems. Mr. Mauti moved to approve the site plan, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Winfield Industrial Building Burton Metsch, Architect Mayers and Jaqulyn Noell Neptune Drive, east of Congress Avenue Request for approval of a 29,799 square foot industrial warehouse building Mr. Cannon said this would be a one story warehouse with a total of 16 bays. Access is solely off of Neptune Drive through two driveways. Mr. Cannon read the staff comments from the Building, Engineering, Utility, Police, Public Works, and Planning Departments. He also read the Energy Coordinator,s comment. Burton Metsch, Architect, 18181 Daybreak Drive, Boca Raton, Florida 33434, was aware of all of the comments and said all of them could be worked out with no problems. Mr. Mauti moved to approve the site plan, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Executive Plaza Office Building, Phase I Howard McCall Glenhurst Development, Inc. Ocean Drive, north side, east of Congress Request for Phase I approval of an office - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1985 building consisting of 34,944 feet gross floor area Mr. Annunziato confirmed Chairman Ryder's statement that this was up for a height exception at the last Council meeting and was denied. Two issues were involved: (1) the mechanical room; and (2) the elevator shaft projection, which were above 45 feet. Mr. Annunziato said the applicant would show a plan which removes the elevator shaft encroach- ment and places the mechanical equipment on the ground, so he was removing the need for a height exception. Mr. Linkous was dumbfounded when he read about the denial in the paper because there have been occasions when exceptions have been made. Chairman Ryder said he was not alone. Howard E. McCall, Architect, 311 East Palmetto Park Road, Boca Raton, Florida 33432, had drawings to show how he handled'the air conditioning by putting it on the ground, between the two buildings, and behind a wall. It is the very same equipment and is walled in and screened from the adjacent property. From the east wall of the building, going eastward, Mr. McCall told Chairman Ryder the distance to the property line is about 65 feet. The setback of the Leisureville condominium is only about 25 feet. Mr. McCall took the top off of the elevator shaft, so it is 45 feet high. He informed the Members this had already been approved previously, and it was ready for them to pick up the building permit. Mr. Annunziato advised that staff recommended this be approved, subject to staff comments, from the Energy Coordinator and the Building and Utility Departments. Mr. Linkous moved to approve the site plan, subject to staff comments, seconded by Mr. Mauti. Motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 11:18 P. M. - 40 -