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Minutes 12-11-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 11, 1984 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 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 acknowledged the presence in the audience of Mayor Carl Zimmerman; Councilman Nick Cassandra; Councilman James R. Warnke; Peter L. Cheney, City Manager; Owen Anderson, Executive Director of the Chamber of Commerce; Sam Scheiner, Vice Chairman of the Community Redevelopment Agency; and Robert Wandelt, Alternate Member. Mr. William Schultz, Alternate Member, made an appearance and was excused from the meeting by Chairman Ryder. MINUTES OF NOVEMBER 13, 1984 Mr. Linkous moved, seconded by Mr. Pagliarulo, to approve the minutes as presented. Motion carried 6-0 with Mr. Mauti abstaining from voting as he was not present at the meeting. MINUTES OF SPECIAL MEETING OF NOVEMBER 27, 1984 Mr. Mauti moved, seconded by Mr. Hester, to approve the minutes as written. Motion carried 6-0 with Mr. Linkous abstaining from voting as he was not present at the meeting. ANNOUNCEMENTS Chairman Ryder announced that the application for an amend- ment to the Future Land Use Element and a Rezoning to permit the construction of a facility for the Lord's Place was with- drawn. COMMUNICATIONS None. - 1 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 OLD BUSINESS Lake Boynton Estates Chairman Ryder read from the agenda that Lake Boynton Estates Pre-application request was to remain tabled per the request attached to the agenda. Mr. Gregory asked if Lake Boynton Estates gave a reason for wanting it tabled. Mr. Annunziato informed him that Enrico Rossi, Professional Engineer, Rossi and Malavasi West Palm Beach, is out of town. ' Lord's Place Mr. Gregory asked if there was a reason for this to be with- drawn. Mr. Annunziato replied that they were not contesting the number of units per acre in terms of use. Their problem was with the unit size, and he believed the Lord's Place was going to attempt to secure a variance from the Board of Adjustment in the existing zoning. NEW BUSINESS A. PUBLIC HEARINGS Chairman Ryder told the audience there were several matters for public hearing. He explained that the Board Members would hear a presentation from the City Planning Department, listen to the applicant, and then he would ask if anyone wished to speak in support of the application. Following that, he would ask if anyone wanted to speak in opposition to the application. After that, the public hearing would be closed, and it would be up to the Members to take appropriate action. REZONING Project Name: Agent: Owner: Location: Description: Woolbright Adult Congregate Living Facility (ACLF) Frederick Roth J.C.F., A Florida Partnership Woolbright Road at LWDD E-4 Canal, southwest corner Rezoning from R-1AA (Single family Residential District) to PUD (Planned Unit Development District) with Land Use Intensity = 5.00 to provide for the development of an eighty-six (86) unit ACLF - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Chairman Ryder commented that this is adjacent to the north- erly end of Boynton Beach Leisureville, known as Section 10. Mr. Cannon explained that the intent of the facility is to provide long term room and board to the elderly without pro- fessional nursing care. Although the people are elderly, they are ambulatory and normal in all respects. There would be individual sleeping rooms on the site and a community eating facility. In essence, it is like a rooming and boarding house. However, unlike a rooming and boarding house, these are not transient or seasonal people. They will have a long-term contract with the owners of the facil- ity. Chairman Ryder noted there will be 86 units and asked how many people will be in each unit. Mr. Cannon advised that there will be 86 units with single occupancy and a staff of 12 persons. Mr. Cannon showed the surrounding land on the overlay and read the Memorandum, dated November 29, 1984, from Carmen S. Annunziato to the Board. Mr. Cannon also showed the master plan on the overlay and pointed to Boynton Beach Leisure- ville to the south and the west. He said a long "L" shaped building will be on the site, and he indicated the location of the sleeping units. All access would be off of Woolbright Road. The Planning Department found that the development would not have an adverse effect on the residential properties, mainly because this is all residential use abutting the single family lots to the south and to the west. They also did not think there would be a problem as far as noise, odors, or other nuisances. Mr. Cannon pointed out that a six foot fence was specified on the plan but, in the developer's narrative, a six foot high wall is proposed. He said the developer would have to clarify that. If a six foot wall is provided, Mr. Cannon said it would block out any headlights. He added there would not be a problem with headlights anyway and indicated the only area which parking abuts to show that none of the residences would be adversely affected. Mr. Cannon said the main issue tonight between the Planning Department and the developer would probably be the con- sistency of the number of units with the Comprehensive Plan, which comes down to traffic impact. The Planning Department did not have any problem with this use in concept, provided the number of dwelling units is reduced from 86 to 50. Mr. Cannon read the staff comments from the Building, Fire, and Utilities' Departments. He also read the letter dated - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 October 12, 1984 from Charles R. Walker, Jr., P.E., Director, Traffic Division, Department of Engineering and Public Works, Palm Beach County, requiring a left turn lane on Woolbright Road at the project's entrance and the payment of the Fair Share Impact Fee by the developer. Frederick Roth, Jr., Professional Engineer, 2701 Starwood Court, West Palm Beach, Florida 33406, displayed colored renderings showing the landscaping and additional buffering they would put along the rear. He said the site is in Section 10 of Leisureville PUD. The core area, which will provide the main service to the facility, is located central to the building and buffered away from the single family areas around it. All building services are projected toward Woolbright Road. Mr. Roth continued by saying the building is a one story building and is to be developed in a residential character- istic. Because they are submitting this as a PUD, the City will have more of an ability to regulate what will actually go on the site and have a little bit more control. Mr. Roth confirmed that it is the intention of the project to put a wall around the project. They do not care whether they put up a wall or fence but will put up whatever the consensus of opinion decides. Either one would be accept- able as far as the development of the project goes. With reference to the ACLF, Mr. Roth said some nursing staff will be available, but it will no~ be a nursing home type facility. Counselors and regular staff people will be there to help the residents in whatever way they can. A cafeteria will be provided, although there will also be facilities to have some food service in the individual units. Transporta- tion will also be provided. No resident of the facility will be permitted to have a private vehicle on site. There- fore, they feel the traffic generated will be minimal. Recreation will be provided on the site, both in the recreation room and outside with paths walkways, and other facilities. ' Mr. Roth was present at the pre-hearing with the Technical Review Board. At that time, they went over all of the staff comments. On the items from the Building Department, Mr. Roth said all of these items are final design items, and these are things that will have to be taken care of with the final design. They have no problem meeting any of those requirements. Mr. Roth said the same was true with the Fire Inspector. They had a long discussion with the Fire Inspector, and the - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 staff comment regarding access to the rear of the building and throughout the building was also discussed. Mr. Roth said there will be individual sprinkler heads, and the building will be sprinkled in accordance with the Fire Code. This will keep it as safe as possible for the residents. Mr. Roth pointed out that Mr. Cessna, Director of Public Utilities, had no comments regarding the water and sewer. The big items were the planning items. Regarding item #3 and the location and use of the site, of the areas around there, Mr. Roth said it was their feeling that this is probably the leas= desirable for a single family residence in the area. He pointed out that it is at the bottom of the bridge approach to 1-95. FrOm a site standpoint, it gives the appearance of being somewhat in a hole. Mr. Roth continued by saying a considerable amount of the surrounding zoning is commercial. The parcel across the street had very similar characteristics to this parcel prior to its being rezoned by the City, and he explained. Mr. Roth said that was rezoned to commercial, and they were requesting a residential type zoning. Mr. Roth stressed that the traffic from the site will be minimal. There will be no private vehicles by the residence. The only vehicles will be transportation that will be pro- vided, service vehicles, and vehicles used by the staff. The trip generation rate used in the reports was 3 trips per unit. Generally, it was a general average for uses, and Mr. Roth said this type of use was not specifically for an ACLF. It was a general rate, as was the 11 trips per day that were used for the residential. Mr. Roth said they used 11 trips per day to try and be close to what they felt the existing Leisureville unit produced. They also used the 7.26 units per acre density, which was the maximum allowed under the Comprehensive Land Use Plan for this area, although the Leisureville PUD itself has 7.5. Regarding the trips per day, since it was not specifically for this use, if there was a variation of no more than one trip per day, Mr. Roth said you would eliminate 80% of the overage in trips that they were talking about. When you drop down 86 trips out of the 106 overage that there were, you have eliminated 80 if there is an error of only one trip per day per unit. Also, Mr. Roth pointed out that the criteria being used was to show the conformance with the Comprehensive Land Use Plan. The Land Use Plan has been amended many times, and there are MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 a lot of variations involved in the plan. fast" rule in every instance. It is not a "hard Regarding the comments, Mr. Roth said this particular use will direct the traffic in and out of Woolbright Road. It will not use the interior roads of the Leisureville PUD. Any other usage that has been proposed to this point had always intended directing that traffic in on the local roads, which would have more impact upon the people immediately adjacent to it than this facility, as far as traffic considerations went. Chairman Ryder questioned whether people buy in or pay a monthly fee, and asked what they get. Mr. Roth was not 100% sure on how the final arrangement would be set up for the ACLF itself. People will, in fact, have a long-term commit- ment for the units, but there are restrictions in that these people must be able to tend for themselves. If they become infirmed and have to go into a nursing home, they are not allowed to stay in the facility. Mr. Roth assured Chairman Ryder that the people do not buy the units, and it is not a life care facility. He did not know specifically but, generally speaking, Mr. Roth said there will be a fee system set up where they can pay just for the use of the room or the use of all of the facilities. At this point, they have not really gone into that state. Mr. Linkous asked if the residents will be allowed to prepare their own food in their rooms. Mr. Roth replied that there will be like a kitchenette facility in the rooms themselves. Mr. Mauti referred to the staff comments and asked how Mr. Roth felt about the reduction of the units. Mr. Roth did not feel that they were willing to reduce the units. He assured Mr. Mauti that he had no objection to a six foot wall and stated that they had proposed a six foot wall to surround the site. Directly east of the property there is a canal, and these are elderly people. Mr. Linkous asked what provisions they had to protect the people from stumbling in. At this point, Mr. Roth said the site has not been refined. There are plans to have a passive recreation type of facility along there. Hopefully, they will be able to extend the existing bulkhead wall, which is immediately to the south of this. They hope to bring the bulkhead wall along, past this site, so it would be possible to put up a rail, and an area would be provided where the residents could stand at the canal. Mr. Roth was not sure the extension of the bulkhead wall would be permitted by the Department of Environmental Regulations. There was discussion about bulkhead laws and safety. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Chairman Ryder noted that Mr. Roth tried very hard to equate this with what is there now. What they have now is indivi- dual ownership, which this is not. They now have units which are about 7-1/2 to an acre. If they go to 86 units, it is 32 units to an acre, so Chairman Ryder told Mr. Roth he did not come out even. Also, Chairman Ryder said they were deal- ing with an established community that is ten years old, and he was concerned about the impact this would have on the community. Mr. Roth hoped this would have no significant impact on the community and could blend in and provide a service for those people who live there now who might not be able to stay in the units that they currently occupy. Overall, he did not believe the land use intensity of 5 was a high one in the Boynton Beach scale of land use intensity. Mr. Roth added that it is hard to equate an 86 unit ACLF exactly to indivi- dual single family units. He did not feel you could say there are 32 units an acre versus 7-1/2 units an acre when there are considerable differences. There is a lot of dif- ference between an individual house versus a unit w!ithin the ACLF as far as the land use and the amount of coverage. If you had 86 units, you would have to have 86 individual houses and a lot more property. Mr. Gregory asked what else could be put into the current zoning on the property other than an ACLF. Mr. Annunziato answered, "Single family homes, churches, and certain kinds of private clubs. There are many uses for a PUD: Residen- tial, some institutional, and there is the potential for some commercial.,, Chairman Ryder commented that it may come into the category of an R-3 Conditional Use, so they were not equating it actually to an R-1AA. Mr. Annunziato explained that the applicant is equating the impact of this proposal against the impact of the property if it were developed for single family purposes. He said they disagreed a little bit on how many units could be put on the property for single family purposes. Mr. Annunziato stated that it was based on the impact on public services which would occur. As the City Planning Department report pointed out, Chairman Ryder said it was possible to put in 11 units backing up on Woolbright Road. Conceivably, you would have only one entrance to the homes, and they would back up onto Woolbright. Of the locations down there, Mr. Roth reiterated that they felt this was the least desirable to put single family, not only because you would back up onto Woolbright, but also because of some other considerations regarding the adjacent property. - 7 - MINUTES --PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 If they would develop this as a single family area, in order to degenerate the 11 units per acre, Mr. Roth said it would be necessary to back the units onto Woolbright Road and exit and enter through, he believed, 13th Road. Chairman Ryder said the road immediately south of Woolbright is private. The way the Leisureville PUD is set up, Mr. Roth believed they would have the ability to utilize it as an entrance and exit. Mr. Hester asked if the reason for the reduction of units was based mainly on the traffic impact. Mr. Annunziato replied, "Yes.." Mr. Mauti asked if Mr. Annunziato took into consideration that there would be no vehicles on site. Mr. Annunziato replied that they could not do that but had to take into con~sideration the number of trips per day. This is a current proposal that may or may not change. They can only go by the proposals which were submitted in connection with traffic impact and the various reports they read. As Mr. Roth pointed out, Mr. Annunziato said it is probably 3 trips a day, and if it were developed at 7.26 units per acre, they were really talking about a multi-family development and not single family. In Palm Beach County, that would be 8 trips a day, so Mr. Annunziato said that is how the numbers work. Mr. Linkous noticed that the County uses 8 trips per day in their impact; Mr. Roth uses 11, and Mr. Linkous asked where Mr. Roth got his figure. Mr. Roth said the generation rates they use depends on the type of facility that is proposed to be built. 8 trips a day is the average number utilized when you talk about a multi-family housing unit. If you were talking about duplexes, triplexes, etc., the range in that runs from 5 to 10, 5 to 8, or 5 to 7. There are basically standard items published for each one. The 11 trips per day that Mr. Roth utilized was based on using the site as a single family site. 11 trips per day for a single family site is at the low end of the trip generation rate and what you would normally expect would be comparable with what you currently have in Leisureville. You would not use 15 per day for Leisureville because, generally speaking, you are talking about a one or two member household. You are not talking about a household with 5 or 6 kids. Mr. Roth said the ACLF fell into what he considered to be a use that would be similar to a nursing home. 3 was the normal that they used. 11 trips per day would be the normal if you were going to develop a Leisureville type of facility today. In response to that, Mr. Annunziato stated it was the Planning Department,s opinion that they could not re- produce a Leisureville type of facility on the property and - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 come up with 7.26 units per acre. If you have a larger piece of land you have a better chance of getting close to that density figure. On this piece of land, it is more likely that you are talking about a total of 11 units, which is 4 units per acre as opposed to 7. If they were talking about using 7.26 dwelling units per acre and talking about a multi-family development, Mr. Annunziato said they could accommodate that number of units, but if they were going to use all of those units, they also had to take the 8 trips per unit, which is the figure used for trip generations arrived at by Kimley Horn & Associates, Inc. and the figure used for paying the road impact fees. Mr. Roth reiterated that they were talking about a very minimal impact as far as trips. They were only using this as one small comparison. If you 10ok at the 250 trips per day on Woolbright Road, according to the County's standards this is not even rated as a significant impact. This is no significant impact under their rezoning under Category D. What Mr. Roth said was correct, but Mr. Annunziato said the position of the Planning Department was that in order to meet the Comprehensive Plan's consistency in terms of land use, you have to meet all of the criteria. He stated that the Planning Department does not argue the significant impact on Woolbright Road. Chairman Ryder asked if anyone else wished to speak in support of the application. There was no response. With regard to opposition to the application, Chairman Ryder had a letter from the President of the Boynton Beach Leisureville Association, who wished to speak on the subject. Mr. William H. McCarty, 1974 Campanelli Boulevard, Boynton Beach, lives in Section 10 of Leisureville. He said the community had the opportunity last Spring to see the same presentation the Board heard tonight and are well informed in this regard. At the conclusion of their meeting, Mr. McCarty asked for a hands vote on those in favor and those opposed. A great majority was in opposition to this proposal. Mr. McCarty thought the comparison of this piece of property to the property across the street was not a correct comparison in any way, shape or form. That piece of property was surrounded on two sides by water and on the third side by a commercial development. This is a pocket of open land in - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 the midst of a 100% single family housing section surrounded on one side by Woolbright and on the other side by the canal. The commercial development going on right now on the other side of the canal made the community fearful of this develop- ment. Mr. McCarty recalled the meetings a year ago and the concern of the Board about that commercial development, which is now a disaster to all of the people in Leisureville who look at it every day. He went into detail. They were now talking about another little corner of their development being affected and, automatically, Mr. McCarty said they are saying, "No", because of the experience they are living with today. Chairman Ryder informed Mr. McCarty that the City is committed to exact the requirements that were received by the developers of the Planned Industrial Development across the canal, and the City will have to see to it that Leisureville gets the vegetation barrier that was specified at the time. There was discussion about this. Mr. Mauti asked what difference to the people in his district this particular use was to a nursing home proposed some months ago, which was adjacent to Leisureville on 23rd and Congress. Mr. McCarty replied that the principal dif- ference was the size of the property involved. Chairman Ryder pointed out that they were not contiguous either. Mr. Ben Uleck, 1507 S. W. 17th Avenue, Boynton Beach, said 878 homes are in their community of Leisureville. Many of the residents were told that the area of little parcel D, which was parcel H, would be a travel trailer storage area, and they bought homes with the understanding they would have a place to store their trailers, boats, etc. Mr. Uleck went through all of the minutes back to April 15, 1969 and Agenda 69-28, and in all of the minutes the developer requested that this be made a storage area. It was passed by the Council on August 25, 1969. In fact, Mr. Uleck said, the original site plan shows it to be a travel trailer storage area. He had one of the site plans with him and all of the minutes of the previous meetings. Mr. Uleck said many of the residents of Leisureville spent days checking up on this, and they feel the developer was actually misleading them when he was telling them it was their area. Since they paid $20 a month until they took it over in June, 1980 and had their own Association, Mr. Uleck said they felt the applicant did not have the right to rezone anything because it was not the applicant,s property. It belongs to Leisureville. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 According to all of the letters and minutes of previous Council meetings, Mr. Uleck did not see how the applicant had the nerve to request rezoning of that little parcel of land. In no way did he think the Planning Department should think of something like that, and he emphasized that it was false advertisement. Mr. Uleck asked why a street would be going in there. When they come off of 17th Avenue, there is a driveway at the 4th house from the corner. Mr. Uleck asked why the City built the driveway. He concluded by saying the residents do not want to see anything like this that close to their property. Mr. Hester asked Mr. Uleck if he would prefer a boat storage areato be. there. Mr. Uleck replied that is what it was supposed Mr. Annunziato confirmed that what Mr. Uleck said was correct. While the City was in litigation on the property, Mr. Annunziato had conversations with the City Attorneys. The issue of why the property was never turned over to the Leisureville Association or why the Association never pursued it is a civil one at this time. In order to effect that exchange of land, Mr. Annunziato advised it would be up to the Association to take some sort of civil action to attempt to get the land, based on representations made. He was not sure the City could get involved in that land exchange. Mr. Uleck argued that none of the residents were notified that this property did not belong to the residents of Leisureville. If the developer changed his mind, he should have sent them notice by registered mail. He could not see on any minutes of any meetings where the storage area was taken off. Mr. Annunziato could not disagree with Mr Uleck's comments. - Without a site plan, Mr. Uleck said they could not change anything unless the City OKs it. Mr. Annunziato explained that there is a difference between the site plan procedure the City has and the procedures under which the Leisureville PUD was approved. However, the plans to the property were never given to the homeowners. At this point, Mr. Annunziato reiterated that it would take a civil action on the Association,s part for whatever purposes they think proper against the developer of the property. Mr. Linkous asked if J.C.F., a Florida Partnership, was the original owner. Mr. Annunziato replied that the developer was Boynton Corporation or Boynton West Corporation. The officers of that corporation happened to be a couple of the - 11- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Campanelli brothers. J.C.F. is a partnership of all three brothers. There was an exchange of property some years ago from the Boynton West Corporation to J.C.F. Mr. Uleck adamantly argued that he did not see how the developer could take it off of the site plans without the City and the people knowing it. Chairman Ryder advised that there was nothing the Board could do about it. Mr. Uleck retorted that the City should have done something about it. Mr. Mauti did not believe the City could have done anything either and thought the community of Leisureville should have done something about it. Mr. Uleck disagreed, saying some- thing cannot be taken away from a community when it was given to them and it was on the site plan There was more argument. - Ruth Morsch, 1204 S. W. 22nd Avenue, Leisureville, noted that Mr. Roth said this would not be considered spot zoning because of other areas that were built across the street. She said Mr. Roth was talking about the Plaza, where every- body goes to do their shopping, and the other piece of property which is being rezoned for a medical building, which everybody can use. Mrs. Morsch said this piece of ground will be put in the middle of their area but will just be for the use of congregate living. She said they can call it what they want, but she calls anybody living in one room and being allowed to cook in that room a rooming house. Mrs. Morsch asked the Board Members why they wanted to change the R-1AA zoning and put something in there tha~ she did not think should be a part of their area. If it had been there before she bought her house, she would not have purchased it. Mrs. Morsch pointed out that there will be a lot of visitors, which will add to the traffic, and trucks bringing in supplies. A six foot fence will not hide it from Leisure- ville. It will also create a nuisance. She said it will be a nursing home when they get finished with it because nursing homes are hard to get into, and they would not have a place to put the residents when they become ill. Also, Mrs. Morsch added there are odors and rats from cafeterias. It will not be like individual homes. She also referred to trash and garbage and said she was opposed to anything like this going in. Mrs. Morsch added that the only reason the owner does not want to put in individual homes is because once they are sold, the money stops coming in. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mr. Gregory asked how many units would be directly affected on a continuous basis by the proposed property in the rear, which would be south of Woolbright. Mr. Annunziato replied that approximately 7 units are adjacent to the property. Chairman Ryder felt it would be a damaging impact for the entire development because the people have lived there a long time on the present basis. Mr. Annunziato called attention to the following letters, which Chairman Ryder read: Letter from William H. McCarty, President, Boynton Leisureville Community Assoc. Inc., 1807 S. W. 18th thatStreet'Mr, inMccartyOppositiOn.spoke. Chairman Ryder reminded everyone Letter dated November 27, 1984, from Sol & Betty Jacobs, 1408 S. W. 17th Avenue, disagreeing with the intent of the rezoning. Letter from Irene Lew, 1409 S. W. 17th Avenue, dated November 27, 1984, stating that the zone should remain R-1AA. Mr. Mauti asked if this could be turned into a nursing home. Mr. Annunziato did not think it could be. (1) They would have to specifically request a nursing home. (2) They would have to get a certificate of need. Since this is consistent with the Comprehensive Plan, Mr. Linkous asked if the Board had the authority to decline it. Mr. Annunziato answered, "Absolutely.,, He explained that there are other land uses which are also consistent with the plan. Then it becomes the decision that is made through the Board and Council. Mr. Annunziato asked the Members to keep in mind that the Planning Department says it is consistent only if it is reduced to 50 of the ACLF units. Mr. Mauti referred to the minutes Mr. Uleck had and ques- tioned whether the property could be used with the Comprehensive Plan for the storage of boats, trailers, etc. Mr. Annunziato recalled that in 1980, at the adoption of the zoning map, the City Council had it brought to their attention that Boynton West Development Corporation had never transferred this property to the home owners. At that point, the City Council amended the Land Use Element to a land use category where now it could not be used for - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 anything other than residential purposes. Secondly, they assigned a zoning category consistent with that land use category. At this point, as far as the enabling legislation which provides the land uses concerned, Mr. Annunziato advised that it could not be used for a travel trailer storage facility. If reduced by 36 units, Mr. Annunziato informed Mr. Mauti that this proposal would be consistent with the 7.26 dwell- ing units per acre intensity, which is shown on the Compre- hensive Plan. It is not spot zoning because the multi- family use of this site appears an other areas of close proximity. Chairman Ryder pointed out that the Board is faced with approving 86 units because the applicant says he cannot live with the other. He did not feel they had any basis for a change because of the effect it would have on something that has been there for a long time. Mr. Gregory found that the request was inconsistent with the Land Use Plan as proposed. Therefore, he moved to DENY the request. Mr. Pagliarulo seconded the motion. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. Motion carried 6-1 with Mr. Hester voting against the motion. The request for rezoning was DENIED. ANNEXATION Project Name: Agent: Owner: Location: Description: Singer Annexation Alan Ciklin, Esq. Edward I. Singer Knuth Road and West Boynton Road Boulevard, northeast corner Request to annex a 1.18 acre tract of land LAND USE ELEMENT AMENDMENT AND REZONINC 3. Project Name: Singer annexation Agent: Alan Ciklin Owner: Edward I. Singer Location: Knuth Road and West Boynton Beach Boule- vard, northeast corner Description: Request to show annexed land as Local Retail and to rezone from AR (Agri- cultural Residential) to C-3 (Community Commercial) to construct a Gulf Oil gasoline station, convenience store and car wash facility Mr. Annunziato referred to the overlay and the property out- lined in a dark area. He read his Memorandum dated December - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 3, 1984, which was addressed to the Chairman and Members. When reading the first paragraph on page 3 of his memo, Mr. Annunziato said some 800 feet west of Congress, on the right hand side of Congress, is what is known as Access Road B. This is the road that is proposed to be a four lane divided highway with a median and turn lanes, which will be constructed in the next few months to connect Boynton Beach Boulevard to Old Boynton Road through Mr. Winchester's property. Also proposed to be constructed is an east/west road from Congress intersecting Mall Entrance Road B, con- tinuing west and then north-an~ tying in with Old Boynton Road at the westerly entrance of the Boynton Beach M~ll on Old Boynton Road. While reading the last paragraph on page 3 of his memo, Mr. Annunziato said that Boynton Beach Boulevard, when developed to a six lane highway, will likely carry more than 30,000 trips a day and will provide for high intensity land uses, which is the Planning Department,s recommendation. Through this proposal, Mr. Annunziato also recommended that the Planning and Zoning Board, in connection with the City Council, instruct the Staff to prepar-e Planned Industrial Development district regulations which would require future rezonings to commercial of some size to submit to a review similar to that for a Planned Unit Development, in which a master plan would have to be submitted which includes pro- posals for the types of land use, the locations of land use, and all of the infrastructural improvements which would be needed to serve the development. As to Policy 2 of the "Comprehensive Plan Polices" on page 4 of his memorandum, Mr. Annunziato referred the Members to "Exhibit D" and read the staff comments from the Utility, Public Works, Recreation and Parks, Police, Building, Planning, and Fire Departments. Mr. Annunziato also read the comments contained in the letter dated October 23, 1984, addressed to him, from Charles R. Walker, Jr., P.E., Director, Traffic Division, Office of the County Engineer, Palm Beach County. He also read the letter from Robert Flanagan, Senior Planner, Palm Beach County, addressed to him, and dated November 16, 1984. Mr. Annunziato also read the "Projected Revenues',. Alan J. Ciklin, Attorney and Agent for the Owner, 8th Floor, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409, thought the first issue which needed to be addressed was whether the site (shown in green) should be annexed into Boynton Beach. As the Members could see - 15 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 from the dotted lines, all of the property contained in the Boynton Beach Mall, down along Congress, and up to the site is within the municipal boundaries. It seemed as though a logical annexation choice would be to take all of the property from the Knuth area road to Congress, to Boynton West Road, to Boynton Beach Boulevard, and complete the squaring off of the municipal boundaries. Attorney Ciklin believed they met all of the legal require- ments for annexation in that they are contiguous, and there are no pockets or serpentine configurations created by the proposed annexation. The second issue which Attorney Ciklin thought was of equal importance was the nature of the land use. In reviewing the City's Zoning Code, it seemed as if this particular site almost described the definition of the C-3 zoning category. The definition imparts that it be located centrally. It accommodates 3 or 4 neighborhoods and is located adjacent to at least one major thoroughfare. Because Boynton Beach Boule- vard is one of the major east/west thoroughfares in Palm Beach County and will be more major when the turnpike inter- change comes in, it will serve not only the r~esidential neighborhOods in the area but people heading west to the un- incorporated areas of the County, people coming in from those neighborhoods, and people heading into the City from the turnpike interchange and using the City and Boynton BeaCh Mall. In addition, Attorney Ciklin suggested that this land use is appropriate because, as Mr. Annunziato said, it is clear from looking at a graphic of the area that once the Mall is in full swing, not only will access be from Congress onto Boynton West Road, but Mall Road B, which will be four laned, will also act as access to the Boynton Mall. As discussed in previous petitions before the Planning Board, Attorney Ciklin said Knuth Road would also appear to act as a sub- accessway to the Boynton Beach Mall. Attorney Ciklin said what they had was a 1.82 acre site that has a major thoroughfare as its frontage and also a semi- major access road to one of the larger malls in this area. As the Members could see from the surrounding land use designations, both the Comprehensive Plan areas within Palm Beach County show Commercial, Boynton's Plan shows Industrial, and the already zoned parcels show CG immediately to the west and CN immediately to the east. The request is compat- ible with the neighboring land uses. Chairman Ryder informed Attorney Ciklin that the Board had a newspaper clipping which claimed Attorney Ciklin went MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH' FLORIDA DECEMBER 11, 1984 before the County Commission with this type of application and was turned down twice. He asked if that was true. Attorney Ciklin answered that it was not true. The petition has never been before the County Commission. Nor has there been a. petition at this intersection before the County Commission that has been denied. Attorney Ciklin said this particular site was the subject of a special exception appli- cation about three years ago for a service station. The application was withdrawn but never denied before the Board. In 1984, Attorney Ciklin said it received the Palm Beach County staff's recommendation of approval, but it was with- drawn. The reason it was withdrawn was because Mr. Singer had signed an annexation agreement required of all needing water and sewer service within the City. The agreement says if you want water and sewer, when you become contiguous, you must annex. Rather than go through County procedur,es and end up developing in the City of Boynton, Mr. Singer decided he would rather just go through the procedural process in Boynton because that would be ultimately where he would end up anyway. Attorney Ciklin said the newspaper article was totaliy inaccUrate. Chairman Ryder asked if the original proposal which was with- drawn was also for a gas station. Attorney Ciklin replied that it was, but it was on a different corner. He added that this one was withdrawn and never even got to public hearing. It was withdrawn at Mr. Singer's request prior to any hear- ing. Chairman Ryder commented that the parcel Attorney Ciklin was interested in stood out like a "sore thumb" because the pink seemed to be Commercial and the applicant has something in the area of C-3. What made this contiguous was the resi- dential area of Banyan Creek across the street. Attorney Ciklin disagreed, saying it was the professional office. Chairman Ryder did not agree. Attorney Ciklin said the applicant would agree with all of the recommended conditions on the staff report. Chairman Ryder asked if anyone wished to speak in support of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the appli cation. - Mr. Annunziato handed out a letter submitted today from B. Kenneth Sanden, President of Coalition of Boynton West Resi- dential Associations, Inc., (COBRA), 12005 Dunes Road, Boynton Beach. Mr. Sanden said this business has been MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 before the Palm Beach County Planning and Zoning Commission twice and was withdrawn twice. Both times, COBRA submitted written documents against the placing of a gas station, first, on the west corner, and, secondly, on the east corner° Both times the petitions were withdrawn, and Mr. Sanden appeared personally the last time. According to the Chairman of the Planning and Zoning Commission, it was withdrawn the last time because of the intense opposition of the neighborhood. Mr. Sanden said it has not been before the County Commission because it never got to the County Commission. COBRA did not disagree with the annexation and agreed that it is no longer properly Agricultural, but their entire membership of 19 Condominium Associations with over 15,000 members, including those adjacent to this, absolutely were against a gas station at that location. Mr. Sanden told the Members COBRA was formed for the purpose of keeping the quality of life in the Boynton area as high as they could. They are not against growth and expansion, but the gas station proposes a convenience store as well as a wash rack and cannot be aesthetically attractive. When they proposed it two years ago on the northwest corner, Mr. Sanden said COBRA fought it on that same basis. Mr. Sanden reiterated that they did not think the gas sta- tion would be a good thing for the area. Its hours of operation would be different from those of the commercial buildings, it will have clanging of bells as cars come in, and people will be running into the convenience store day and night. Mr. Sanden repeated that they do not believe it belongs in this area, and they are very much against it. They have been before the County Planning and Zoning Board twice, and both times it was withdrawn basically because of their opposition. They agree it should be Commercial but do not think it should be C-3, which would allow the gas sta- tion. Mr. Sanden stated they are not in disagreement with Commercial or Annexation and would go along with that. Mr. Sanden advised that there will not be any more Gulf Oil because Chevron has purchased Gulf Oil, and they have sold all of the Gulf Oil properties in the Southeastern United States to Standard Oil of Ohio. Mr. Linkous asked what percentage of the 19 developments mentioned did Mr Sanden represent. Mr. Sanden answered, "100%." When they formed COBRA several years ago, it was with the idea of improving the quality of life in this area. They decided to get together, discuss common issues, and - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 represent all of the members. Each organization has delega- tes and alternates, which they elect, and they go to monthly meetings. This issue was vOted on over two years ago. It was voted and reaffirmed this year when they protested a second time in September, and they have voted consistently to protest a gas station at that corner. Mr. Sanden said what is happening now is something which Attorney Ciklin and Mr. Singer are trying to do something through the back door of this Board that they could not do directly through the Planning and Zoning Board of the County. Mr. Sanden stated that they object to that. Chairman Ryder told of COBRA's activities. He could under- stand that they have an interest in what happens on Boynton Beach Boulevard and thought the Board had to be concerned about what will happen there in the future. From now on, the Palm Beach County Planning and Zoning Commission indi- cated that not only will they take all of the criteria into account, but they also will look at the economics as to whether it is necessary to have another gas station, bank, etc. From an economic standpoint, Mr. Sanden stated they do not need another gas station because there are three very large gas stations at the next corner. At the very next corner, there are four, so they do not need a gas station. Mrs. William H. Selva, 9986 Knuth Road, Boynton Beach 33436, was informed by the Members that they received her letter of November 29 and read it. Mrs. Selva was very opposed to what was proposed and stated this was not what her husband planned when they purchased the property. Chairman Ryder advised her that there will be a commercial use here. He aSked if Mrs. Selva was opposed to a gas station. Mrs. Selva thought Greentree Plaza was a very nice neighbor. Joyce Lahn, Oakwood Lakes, 3/10ths of a mile to the west of the proposed project, said two years ago, as a delegate to COBRA and a Member of the Board of Oakwood Lakes, she went before the Planning and Zoning Commission. She did not object to the annexation but to the gas station and the con- venience store because a convenience store breeds motor- cycles and people up late at night. Oakwood Lakes is a quiet neighborhood, They are happy with Greentree Plaza and would like other commercial stores like that. Attorney Ciklin said some misinformation was passed on. He admitted that Mr. Sanden was at the last public hearing but said he was not at the first one before the Palm Beach County Planning Commission. Attorney Ciklin stated that it was his request to withdraw thee petition. There was no - 19 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 discussion about the merits of the petition; it was simply withdrawn because the property was going to develop in Boynton, and Mr. Singer felt it should be annexed into Boynton. Attorney Ciklin stated that the property is 220 feet from the closest residential unit, and any use that would be on the site is buffered by the canal. It would also be buffer- ed by a six foot high wall and would be totally invisible to any residential unit within the vicinity. Also, Gulf Oil will be remaining in Florida, and the Gulf name will be used in Florida. There will be no mechanical repairs at this particular service station. It is gasoline only, and no bells are used in any of the Gulf stations. There is a general commercial retail shopping center and not an office building on the opposite corner. Attorney Ciklin fully understood the emotional reaction to a service station proposal. However, he said it was really only a land use question. Attorney Ciklin reminded the Members that Boynton Beach Boulevard is a major thorough- fare. Knuth Road is a major access into the Boynton Beach Mall, and this C-3 request fits perfectly what C-3 is designed to do under the Boynton Beach Zoning Code. The definition does not fit the C-2 or C-1 categories at all. C-2 is supposed to be for neighborhood shopping in the center of the neighborhood it absorbs. Attorney Ciklin thought they should get by the emotional and look at the land use value. Chairman Ryder did not think it was an emotional problem and pointed out that the other two corners that were developed are in the areas of C-1 and C-2. He did not know why C-3 was appropriate in Attorney Ciklin's mind. Chairman Ryder did not think they could minimize the concern of people adjacent to the city. He was glad Attorney Ciklin had the presentation because he thought they were premature in considering just this one spot if they are going to have office and professional in what they could see in the pink area. Chairman Ryder stated that this City is very much concerned about Boynton Beach Boulevard. In fact, the Task Force is headed by Former Mayor Walter "Marty" Trauger, and Dennis Koehler and Mr. Sanden of COBRA are active in it. If the County Planning Board came to the point where Attorney Ciklin saw fit to withdraw, Chairman Ryder thought maybe they also felt this is something that would involve the City and wanted to see how the rest develops. Personally, he could not see the City's image enhanced by reaching out to embrace a gas station when down the road there are three on each of MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 three or four corners at the Boulevard and Congress Avenue. To Chairman Ryder, they were reaching out to that particular spot when they have all of this the City or County may get an to deVelop. Hopefully, between the City and the County, they will come up with something in the best interests of everybody there. Chairman Ryder also was concerned with Banyan Creek, which is a large development going up across the street from the gas station. He did not see where that was so consistent. Mr. ~regory wondered if they were premature on that dis- cuss~on. He thought they needed two separate motions, one to annex and one for rezoning. Mr. Mauti questioned whether the two issues were together. Mr. Annunziato replied that they are clearly two issues. In the past, they have made two separate motions, although they combine them into one for public hearing because, obviously, the factors are the same. He advised the Members they could discuss it any way they wished, but there should be two motions. Mr. Linkous commented that, obviously, you have to get it into the City before you can make a decision. Mr. Linkous moved to grant the annexation because without it being in the City, they would have no control whatsoever. Chairman Ryder said they were faced with a specific use. Mr. Annunziato was not so certain they were really dealing with one use. When a property is a zoned category, one gets all of the use that is in that category, which is some- thing to consider. The applicant is proposing to develop the property for a gasoline station. Mr. Annunziato thought the Board had a lot of discretion in this matter. At the time of annexation, the Board is to make recommendations to the City Council as to the preferred or desirable zoning classification in which the property is to be annexed. If the Board feels this is not a proper location for C-3 zoned properties, then the Board can recommend something different. Chairman Ryder felt it was Premature to consider this par- ticular piece at one time because of what they could see there and what may happen there. Mr. Annunziato could not advise the Board to not vote on the annexation. Mr. Linkous asked if they could annex it and table the request for re- zoning. Mr. Hester seconded Mr. Linkous' motion to grant the annex- ation. Motion carried 6-1 with Chairman Ryder voting against the motion. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Mr. Annunziato reminded the Board Members that in the past they have not been shy in recommending a zoning category, other than that which the applicant was requesting, at the time of annexation if they feel the zoning category is in- correct. He said the applicant was asking for a gas station, but he did not think failure to construct a gas station at that location would result in the property being disannexed. If someone gets C-3 zoning, they get all of it. Mr. Gregory asked if they were annexing with the understand- ing it was C-3 zoning. Mr. Annunziato replied that the Board had not made the recommendation of zoning. Mr. Gregory advised that they were only considering the actual annexation and later on, they would have the opportunity to classify it according to the zoning they feel i s proper. Mr. Annunziato added that the City Council has to annex with a zoning category and will be looking to the Board for a recommendation in this regard now or at some future date. Chairman Ryder thought the Board had to take it up at this time. If the Council wants to go with it, it would be up to them. Mr. Annunziato informed Mr. Mauti that the Planning Department recommended that it be zoned C-3, based on the land use in the area, and the traffic on Boynton Beach Boulevard. Mr. Linkous moved to grant the request to C-3 zoning. Chairman Ryder thought they were going to proceed with the Land Use Element Amendment and Rezoning. Mr. Annunziato advised that he would have to make a further presentation, and there should be a public hearing. Mr. Mauti moved to deny the gas station. The Members expressed disapproval, and Chairman Ryder agreed the motion was not appropriate. Since C-3 has a permissive use for a gas station and that is their major objection, Chairman Ryder said the Board could recommend C-2 as they realize there will be some commercial use. C-2 would be more consistent with what is there now, particularly if they were opposed to a gas station. Chairman Ryder reiterated that they should not tie themselves down with this parcel at this time in view of what may happen in the future. Mr. Linkous was informed it is 1/2 mile from Knuth Road to the three service stations. Chairman Ryder thought the Board's prime consideration should be what is consistent with what is there now. He reiterated that they should keep in mind what either the City or the County may do in the future with regard to the uses of the land. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Before making the second motion, Mr. Annunziato thought they should conduct a public hearing. Hearing_on Land Use Element Amendment and Rezonin~ As noted, Mr. Annunziato said they had the County's Compre- hensive Plan from the County Commissioners, which stated that all of the property east of Knuth Road, and Boynton Beach Boulevard and Old Boynton Road now have commercial potential. He did not believe the County Commission would have indicated what the intensity of that commercial would be. That would be debated at the time of an application. Mr. Annunziato said the application would be consistent with Palm Beach gounty's definition of land use for that area. The various impacts of the request would have to be debated in terms of areawhether, it is an appropriate zoning classification for that It was the Planning Department,s opinion that the land use between Old Boynton Road and Boynton Beach Boulevard should decrease in intensity as one goes west from Congress with a significant degree in intensity as one gets west of Mall Access Road B, which will be developed as a four lane divided highway with turn lanes and will carry significant numbers of cars. It will primarily serve traffic on the west Knuth Road also neieds to be addressed. ' Mr. Annunziato asked the Members to recall that two or three months ago, there was a petition from Attorney Ciklin to change a preliminary plat issue involving changing a public road to a private road. The Board recommended to the City Council that it remain public because it would serve the purpose, function to relieve traffic on Congress, and act to function in connection with the Knuth Road corridor which will be a collector and serve the Boynton Beach Mall. Mr. Annunziato said they have a site at the intersection of a collector and an arterial which, when fully developed, will be carrying something in the nature of more than 30,000 trips a day. He said the Planning Department feels it would not be appropriate to have community commercial land uses adjacent to Knuth Road on the east side. Somewhere between Mall Access Road B and Knuth Road, a division line has to be made where land uses will change from those that are prima- rily retail to those primarily office orientated. Mr. Annunziato said that would mean changing, for example, the height of buildings from 45 feet to actually only 2 stories. You would have a less intensive land use. Mr. Annunziato called attention to the significant buffer of Canal 24, which he suspected would remain an open ditch. At - 23 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER il, 1984 build out, it will be an 85 foot right-of-way of which approximately 35 or 40 feet will form the ditch. This will be a significant buffer for land uses that border Boynton Beach Boulevard and those north of the canal. Based on the traffic on Boynton Beach Boulevard and the fact Knuth Road will function as a collector, it was apparent to Mr. Annunziato that the request for zoning for C-3 was appropriate. If it is zoned C-3, some of the discretion on the part of Council to grant or not to grant a gas station for that location is lost. However, Council has denied requests for site plan approval in the past when they thought they were inconsistent. The most recent Court deci- sions seemed to indicate the Council has broad discretion in approving site plans. Mr. Annunziato asked the Board to understand that if it is zoned C-3, the applicant gets all of C-3 and not just a gas station. With respect to the proximity to residential land uses, Mr. Annunziato said it did not appear that there would be any resident closer than 220 feet from the proposed use. Mr. Mauti asked if the County made indications that they would be willing to change that to commercial use. Through the Planning Department, Mr. Annunziato said the County has reported that, "This fact lends support to the idea of grant- ing commercial zoning to the property.- They do not address this particular kind of commercial zoning. Mr. Annunziato said the Board could recommend approval of the application as requested and grant C-3 zoning, which would likely result an a gas station. He did not think the Board would recommend approval of the application without a gas station because you cannot create a specific zoning category to fit one individual. The Planning and Zoning Board can recommend to the City Council that another category is more appropriate, owing to the fact that there is C-1 and residential property to the south, or they can recommend that the application be denied. Mr. Mauti commented that, apparently, the applicant went to the County with the potential of making a commercial use out of the property. He read from the 2nd paragraph of COBRA's letter dated September 22, 1984, "After protests by our representatives and others, the request was ultimately denied," and asked if it was denied or withdrawn. From the information Mr. Annunziato gathered, in both instances, the applications were withdrawn. He did not believe there has ever been a final action on the part of the Board of County Commissioners to deny this. Mr. Annunzia~o told Chairman MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Ryder he did not know about the Planning Commission. Mr. Linkous questioned what the County had to do with this. There was discussion. Attorney Ciklin wished to submit that the Palm Beach County's summary staff report for the petition that was filed was withdrawn at his request in 1984. He wanted to make a specific note that it was a request in this particular situation for rezoning to General Commercial and for a Special Exception to allow a gasoline service station, including a car wash facility. The Palm Beach County staff recommended approval of the request, but Attorney Ciklin withdrew the request. He stressed that it never went to the County Planning Commission. This location was never heard by the Palm Beach County Planning Commission. Attorney Ciklin presented a copy of the County's staff report. The only thing Attorney Ciklin wanted to say about the land use was that the C-2 neighborhood district is "of a retail convenience nature intended to service individual residential neighborhoods. Generally, the desired location for these facilities are near and about the GO center or other planned nucleus of the neighborhood." Attorney Ciklin said this is not. Attorney Ciklin did not think the uses in the C-2 neighbor- hood zone were any more palatable than the uses in C-3. He referred to beer and wine sales for off premise consumption, garden supply stores, laundromats, dry cleaning pick-up, meat and grocery stores, pet shops, restaurants (excluding drive-ins, retail sale of auto parts, taxi offices, tobacco and news, and service stations as a conditional use. Attorney Ciklin was trying to point out some of the uses in C-2 zoning. One of the ladies indicated she was nervous about beer sales and people loitering, and he said they would be as apt to loiter at a beer and wines sales or a 7-11, which would be permitted. Once again, Attorney Ciklin pointed out that it is a major thoroughfare and needs a very strict definition of C-3. He thought C-3 was appropriate. Chairman Ryder asked if anyone else wished to speak in favor of the request. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the request. B. Kenneth Sanden, President, COBRA, reappeared to say that Attorney Ciklin was not present the last two times that Petition 84-122 came before the Palm Beach County Planning Commission. The first time it came before them, Mr. Sanden was there to argue COBRA's position. Attorney Ciklin could - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 not be there, so the Chairman of the Commission had asked Mr. Sanden to return at a subsequent date. Mr. Sanden said Attorney Ciklin,s petition was very active at that time. When they went back the second time, Mr. Sanden said it was the second item on the County Planning Commission,s agenda. Just before he was called, the Clerk read that the matter had been withdrawn because of the intense community opposi- tion. Mr. Sanden asked how many more times they had to come before the Palm Beach Planning Commission. This was the second time, and both times the petition was withdrawn. Chairman Ryder asked who, on behalf of the applicant, asked for a withdrawal. Attorney Ciklin replied that it was him, he was there, and he knew why he withdrew it. Mr. Sanden argued with Attorney Ciklin about whether Attorney Ciklin was there. THE PUBLIC HEARING WAS CLOSED. Mr. Gregory asked if it would be appropriate to reconsider the motion for approval of the annexation inasmuch as it turned out the way it did for the second petition. He thought perhaps the Board would want to consider against the annexa- tion by throwing it on the floor again. Mr. Annunziato understood a motion to reconsider could be made by one of the people voting in favor of it. Mr. Linkous requested Council- man Nick Cassandra,s advice. Councilman Cassandra advised that the Board could reconsider at the same meeting what they have already approved or disapproved. Motion on Annexation Mr. Gregory moved to reconsider the motion for annexation, seconded by Mr. Mauti. Motion carried 4-3 with Messrs. Pagliarulo, Linkous, and Hester voting against the motion. Mr. Gregory moved to DENY annexataion for the petitioner, seconded by Mr. Mauti. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 4-3 to DENY annexation. Mr. Pagliarulo, Mr. Linkous and Mr. Hester voted against the motion. Motion on Land Use Element and Rezoninl To clear it for the Board, Mr. Annunziato thought they should have a motion on the Land Use Element and Rezoning. With due respect, Attorney Ciklin interjected that they were going to vote on a piece of property that they do not want in the City. Perhaps this motion would be moot, but Mr. Annunziato pointed out that it was the subject of public hearing. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Mr. Gregory moved to DENY the Land Use Element and Rezoning, seconded by Mr. Mauti. Motion Carried 7-0. THE BOARD TOOK A BREAK AT 9:55 P. M. At 10:05 P. M., the meeting resumed. PARKING LOT VARIANCE 4. Project Name: Sunshine Square Shopping Center Agent: Joseph Pollock Owner: The Building Company Location: U.S. 1 at Woolbright Road, southwest corner Description: Request for a variance to Section 5-141 (d) of the parking Lot Regulations related to curb stops Mr. Linkous wished to abstain. Eight months ago, Mr. Annunziato said the Board acted on a similar request, which was denied. Some comments made at that time were that the curb Stops should be painted yellOw. Apparently, a continu- ation of problems preceded that application. The applicant, The Building Company, through Joseph Pollock of Kimley-Horn and Associates, Inc., Traffic Engineers, has again requested a variance to the parking lot regulations to remove certain of the curb stops. The Members had a report prepared by the Technical Review Board (TRB). Mr. Annunziato read the reasons justifying the variance from the last page of thle application. A plan was submitted to the iCity, which provides for the elimination of certain of the curb stops. Primarily, they were talking about the area from in front of the shopping center and Woolbright ROad where angle parking abuts itself. Mr. Annunziato said the TRB recommended that the variance be approved, and he read the recommendations from the last para- graph of his Memorandum of December 4, 1984. Mr. Joseph B. Pollock, Jr., 1201 Belvedere Road, West Palm Beach, was representing Sunshine Square. He said the appli- cant complied with the request oflthe Board to install the curb stops initially. They further complied, at the time of denial in April for the removal of some of the wheel stops, by making them yellow. Mr. PolloCk Said they have continued to experience falls relating to the wheel stops. Apparently, the yellow Paint is not sufficient in terms of a warning. Mr. Pollock requested removal of most of the stops in the open parking area that Mr. Annunziato referred to as the MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 angle parking area. They do have two rows of parking where they are required to maintain wheel stops. They suggested that another row of wheel stops be retained at the east end of the parking area to maintain the character and integrity of traffic flows in the parking lot to minimize accident problems associated with vehicles cutting through and driving through the parking areas. Mr. Pollock told the Members that they have had a continuing problem with accidents related to falls over the wheel stops. AS indicated in a letter dated December 7, from their insurance company, Garlington Hardwick Company, Inc., Suite B-214, 1401 West Paces Perry Road, N. W., Atlanta, Georgia 30327, there have been 36 claims in the parking lot since the wheel stops have been there, and the yellow paint has not had any appreciable effect on that. Their premium has increased from $8,000 to $33,953 for the same amount of coverage. If the experience continues, Mr. Pollock was sure the rating would go even higher. A most recent letter from the insurance carrier expressed that something had to happen in the shopping center to alleviate the problem. Mr. Pollock told of the injuries of people who have fallen at the shopping center. He addressed the staff comments, as follows: Mr. Pollock thought the letter from the insurance carrier related to the wheel stops. Primarily, the location of the accidents is the angle parking area in front of Publix and between the center and Woolbright Road. 2. They agreed the parking lot is functioning in an efficient and safe manner, and Mr. Pollock submitted that the removal of the curb stops has the possibility of reducing deficiency, but the whole parking lot has been completely resurfaced and repainted. The mainten- ance of the painting for parking stalls will maintain the integrity of an efficient and safe traffic flow. 3. Mr. Pollock read the third comment and agreed that it is a possibility. He thought it was a matter of trading off a slight increase in vehicular accidents versus people falling and hurting themselves seriously. Mr. Pollock said he would prefer to have automobiles colliding as opposed to people hurting themselves. 4. Mr. Pollock stated that this comment was a possibility, but they feel with the well painted parking lot, parking stalls, and the clear delineation of those spaces, they MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 will gain a good appearance and proper utilization of the parking stalls. The~use of the parking stalls is very heavy, and they thought they would get good compliance. Mr. Pollock informed Chairman Ryder that they laid out a number of other shopping centers throughout the County with angle parking like this, without wheel stops, and have not had a significant problem with it. Mr. Pollock submitted that they did not think the efficiency of the parking lot would be appreciably reduced. 5. With reference to the 5th comment, Mr. Pollock thought the problem was the fact of having wheel stops in the parking spaces with angle parking. The location of the wheel stops are such that when automobile doors open on a car adjacent to a parking space and you step back, you are stepping on a wheel stop. Mr. Pollock said they feel the removal of them would eliminate that problem. Mr. Pollock requested that the Board grant the approval and stated that they agree with the staff recommendations. Chairman Ryder warned that where they take the wheel stops out may pose problems because people will ride through the painted lines and may come out the wrong way. He thought this would be in the nature of an experiment. Mr. Pollock reiterated that they have designed, built and used parking lots similar to this and have not had a problem. Chairman Ryder was glad the appplicant was going to leave the wheel stops Where they have 90 degree parking. In the future, he wanted to consider eliminating angle parking and require only 90 degree parking into curbed islands. Some good examples are The Forum Shoppes, the Corporate Center, and Yachtmen,s Plaza. Wherever they have 90 degree parking, there is no problem because there is nothing to trip over. Based on what has happened here, Chairman Ryder thought some changes should be made in our current Ordinance. Vice Chairman Winter referred to the Winn-Dixie at the south- end of town, Winn-Dixie in the center of town, and Publix at Congress and Boynton Beach Boulevard with no curb stops. He thought this was the only place in the City where they have curb stops. Vice Chairman Winter also thought an exception was made for the Boynton Beach Mall, because they said curb stops caused more problems. Chairman Ryder called attention to Causeway Square, where painted lines do not mean anything, and they run all over - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 the place. Vice Chairman Winter argued that the accident rate is nil there. There was more discussion. Mr. Annunziato thought the concern was primarily with not having a landscaped island as opposed to having angle park- ing. He thought you could have angle parking with or with- °ut a curb stop and still have what apparently would be a safer parking lot. Chairman Ryder said wheel stops are staggered and do not form a continuous line, which makes for problems. By putting in landscaped islands, Mr. Pollock said they would lose parking spaces. Chairman Ryder pointed out that they would not have the problems they have now. Mr. Pollock pointed out that Publix requires angle parking in every lease they have, and they are in the business of catering to the public. In cases of angle parking, he thought ~hey should use some type of curbed landscape island. Mr. Mauti told of a friend of his managing Sunshine Shopping Center before Mr. Linkous went there. They had very little accidents and claims without the curb stops. Mr. Mauti did not like to see people tripping over curb stops and getting all crippled up. He called attention to the number mention- ed in the letter from the insurance company. Chairman Ryder asked if anyone else wished to speak in favor of the application. John K. Moore, President of Building Company, Incorporated (Owner of Sunshine Square), 800 Market Street, Chattanooga, Tennessee, referred to the letter from the insurance carrier. He said his purpose is to make this a prototype shopping center, but their company cannot move forward with any program at this time until this issue is settled. They want to do what is best for the people, but the center is in jeopardy of being shut down. Publix wants to build a new store, but Mr. Moore said they probably will not be able to build it at Sunshine Square if they have this continual problem. If this continues, they may be forced to sell to an outside party. Mr. Moore stated that he is in danger of losing his property, but the greatest danger inherent in this situation is that their trade is older persons, and it is primarily older people that are falling. Mr. Moore has been President of the Building Company for 12 years and did not remember any accidents before the wheel stops. There was more discussion about wheel stops changes, Publix. · and MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 Mr. Mauti moved to approve the request for a variance, seconded by Vice Chairman Winter. Motion carried 6-0 with Mr. Linkous abstaining from voting. B. SUBDIVISIONS MASTER PLANS 1. Project Name: Agent: Owner: Location: Description: Meadows 300 PUD Tracts C and D Master Plan Modification James Retzke The Babcock Company Meadows Boulevard Request to set setbacks on all lots an Tracts C and D of Meadows 300 PUD Chairman Ryder said the Council found no substantial change in this. Mr. Cannon said Tract D is immediately to the northwest. The Tracts have single family, detached housing units. The lot size frontage resembles that of a convention- al R-lA zoning. There is a 75 foot frontage, and they are 100 feet deep. It has been the City's policy that the set- backs should apply to any Planned Unit Development with a lot, size and frontage resembling one of our conventional zoning districts, unless there is a master plan or master plan modification which specifies otherwise. The current builder had a problem with one of the four models he is selling, in that the dimension of the model is 54 feet. They would have to go four feet into the 25 foot rear set- back. Mr. Cannon read the Memorandum dated November 28, 1984 from Mr. Annunziato to Peter L. Cheney, City Manager. Chairman Ryder referred to comment "b" and asked what the distance was from there to the rear parking line. Mr. Cannon replied that in our convential zoning district, the screen enclosure would have to be a minimum of 8 feet. The Building Department asked that it be relaxed to 8 feet so it is the same as all of the other zoning districts in the City. Chairman Ryder questioned whether it faces a property in the rear. Mr. Cannon replied that the 8 foot setback would be from the rear parking line only, and it would be itself,only to screen enclosures. It is a setback to the building James E. Retzke, Director of Planning, The Babcock Company, 1500 Monza Avenue, Coral Gables, Florida 33146, said they are builders and acquired the property from the developer. They built three models and then discovered that the standard 100 foot lot would not hold their 54 foot house, which MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 became a problem. They believed the setback was 15 feet, and it is 25 feet. Mr. Retzke said they came up with a blanket approach to getting the setbacks, so not only can they build their "C" unit, but also the people can build pools and screen enclos- ures in the future and not have to come back one at a time for variances. Mr. Linkous asked if the staff comments from the TRB met with Mr. Retzke's approval. Mr. Retzke answered, "Yes." He asked for a clarification of "e". He questioned whether those people would be allowed to have a pool. Mr. Annunziato said they would. They were saying the principal structure cannot be located within 25 feet of the rear property line. Mr. Annunziato said the point Mr. Cannon was making was that in any single family zoning category, you can now by right screen a pool, and that screened (not roofed) enclo- sure can be within 8 feet of your rear property line. Mr. Linkous moved to grant the request, seconded by Mr. Hester. Motion carried 7-0. C. SITE PLANS Project Name: Agent: Owner: Location: Description: Strauss-Wassner Furniture Showroom Site Plan Modification Team 2 Design~ Inc. Showroom Properties, Inc. Congress Avenue, south of S. W. 30th Avenue, east side Request to amend the approved site plan by adding additional square footage Mr. Gregory moved, seconded by Mr. Pagliarulo, to approve the site plans subject to staff comments. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Boynton Lakes James Holland Lennar Homes, Inc. Boynton Lakes PUD Request for site plan approval to construct 83 attached, single family townhouses Mr. Gregory moved, seconded by Mr. Linkous, to approve the site plans subject to staff comments, Motion carried 7-0. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11, 1984 ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:45 P. M. (Four Tapes) - 33 -