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Minutes 09-11-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 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 William Schultz, Alternate, was in the audience and then excused. ABSENT Robert Wandelt, Alternate (Excused) Carmen S. Annunziato, Planning Director Timothy P. Cannon, Senior City Planner Chairman Ryder called the meeting to order at 7:32 P. M. and introduced the Members of the Board, the Planning Director, Senior City Planner, and the Recording Secretary. He acknow- ledged the presence of Mayor Carl Zimmerman; Councilman James R. Warnke; Samuel Scheiner, Vice President of the Community Redevelopment Agency; Peter L. Cheney, City Manager; and Owen A. Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce. MINUTES OF AUGUST 14, 1984 Mr. Linkous moved, seconded by Mr. Pagliarulo, to accept the minutes as prepared. Motion carried 6-0 with Mr. Hester abstaining from voting as he was not present at the meeting. ANNOUNCEMENTS Mr. Annunziato announced that the Boynton Beach Park of Commerce received a Notice of Sufficiency from the Treasure Coast Regional Planning Council which will enable the City Council to place a 60 day ad in the newspaper. They will be conducting a public hearing on development of regional impact as well as the Land Use Element Amendment and rezoning issues. Mr. Annunziato said it was incumbent upon this Board to act on the latest element amendments resulting and to make recommendations to the City Council on development of regional impact. Mr. Annunziato suggested that the Board hold a Special Meeting and Public Hearing on the 23rd of October at 7:30 P. M. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 COMMUNICATIONS Chairman Ryder read a memorandum dated August 27, 1984 from Peter L. Cheney, City Manager, to Carmen Annunziato, City Planner, regarding Processing of Variances to Height Limita- tions, and explained that as a result of the City Council meeting on August 21st, certain steps were taken to modify the process of variances with regard to height limitations. Chairman Ryder told the Members it means Mr. Annunziato will have to call the City Manager's attention to site plans where a height exception is involved, and the City Manager will place that on the Council's Agenda. The Council will meet on that matter and decide on the height exception. Follow- ing that, the normal procedure will take place. The matter will be held before this Board and subsequently before the City Council. OLD BUSINESS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Plaza Herbert C. Gibson, Esq. Nicholas Athans 111 N. Congress Avenue Request to construct a two story office building of approximately 12,000 sq. ft. plus parking lot renovations Chairman Ryder thought it would be helpful if he related some of the things that went on before. He said this matter was the subject of two previously held public hearings before the Board regarding the applicant's proposal to construct an additional facility within the existing shopping center. The two story building, containing 14 units, consist- ing of stores and offices, would be located on an undeveloped parcel approximately 1/4 acre in area at the corner of the southerly entrance roadway from Congress Avenue and the road- way fronting on the arcade and shops. It is immediately west of the Barnett Bank. As a prerequisite to any new construction, the applicant is obliged to conform to the current parking regulations which, in this instance, may result in substantial changes for shoppers, as well as businesses, from the existing means of access and parking. Chairman Ryder recalled that the Board considered several requests for variances from the regula- tions, as well as the recommendations from the City's Technical Review Board (TRB). - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Chairman Ryder said the TRB recommended that the northerly entrance from Congress Avenue (the one adjacent to the California Bank) be closed and that provisions be made for a fire lane in front of all the stores and shops. The applicant contended that each of these posed legal problems since the northerly entrance was tied with the California Bank, and the store tenants' leases permitted parking in front of the stores. Chairman Ryder advised that at the last meeting the Board's decision was as follows: The northerly entrance could remain provided it was modified to permit easier dispersal of incoming traffic and so minimize parking on Congress Avenue. However, this Board concurred with the TRB's recommendation regarding the need for a fire lane. As a result of t~his decision, the applicant stated that he could not at that time indicate to what extent the matter could be pursued any further. Apparently, on reconsideration, Chair- man Ryder ascertained that the applicant is prepared to comply with the City's requirements, mainly, by modifying the northerly entrance and by providing a fire lane and making up the deficit in the number of parking spaces. Chairman Ryder said this appeared on the agenda for review and consideration of the site plan. He requested Mr. Cannon to show the locations on the overlay and indicate the north- erly and southerly entrances and the transverse roads. Mr. Annunziato stated there are two accesses to the site on Boynton Beach Boulevard and one on a 30 foot roadway, which forms the western boundary of the property. The building which is proposed lies to the west of the Barnett Bank and to the east of the shopping center proper. It is somewhat adjacent to the sou~therly property line, separated by approximately 30 feet. The two issues which were the result of the parking lot variances denied by the Planning and Zoning Board involved treatment of the northerly access from Congress Avenue and the treatment of fire lanes from the buildings. The-appli- cant has modified the northerly entrance to provide for a 100 foot driveway which would, under different circumstances, meet the City's requirements. It does not precisely meet the requirements for major driveways, but Mr. Annunziato believed it met the intent of the Board's action and the requirements imposed on the site by the easement to the California Federal. Mr. Annunziato explained that you no longer have left turn- ing easements as you no longer have a landscaped median in MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 front of you. He said you have a clear entrance westward with an intervening driveway on the right-hand side going north. In front of the buildings, parking has been removed and substituted with a fire lane. This amounts to compliance with the parking lot regulations in the direction given by the Board in its denial of the parking lot variances as presented at the last meeting. The second issue concerned the building and the appropriate parking lot modifications. Mr. Annunziato told the Board Members the plan came to them with a positive recommendation from the TRB, subject to staff comments. He read the com- ments from the Building Department and the City Engineer. Herbert C. Gibson, Attorney for the Applicant, of the firm of Gibson & Gibson, P. A., Suite 400, Florida National Bank Building, 303 First Street, West Palm Beach, Florida 33402, thought they complied with the requests made the last time he was before the Board. They had substantial review of the plans by the tenants in the shopping center, and Attorney Gibson had the concurrence of the tenants. He presented 14 form letters with different dates, signed by tenants in favor of the proposed plans, which he wanted to make a part of the record. (The letters are in the applicant's file in the City Clerk's Office.) Attorney Gibson stated they were prepared to go forward. Chairman Ryder questioned the tenants agreeing to the plans and recalled that Attorney Gibson said previously there was a legal problem involved because the tenants' leases pro- vided that cars could park in front of their stores. He asked how that was resolved. Attorney Gibson replied that certain of the leases provided that, and it has to be re- viewed by one more tenant. At this time, the majority of the tenants in the center are in agreement. Chairman Ryder asked how the letters were obtained. He told of using the shopping center about four times a week. Chairman Ryder was concerned about a building blocking his view when he goes in the southerly entrance. In talking to some of the business people, it surprised Chairman Ryder that they would readily agree to do away with the parking in front of the stores. Attorney Gibson said the applicant told them it was a requirement of the Board, and the majority of them have accepted it. Forty stores are involved, and Chairman Ryder said he shops there when he can. When it rains, people do not get wet, and it is useful for the handicapped. He realized they were MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 talking about something recommended by the Technical Review Board, but Chairman Ryder said they were also faced with the fact that you could park in front of the stores ever since the shopping center was built. Now that is being taken away, and not only the businessmen but also the shoppers are involved. Attorney Gibson pointed out that the Board mandated that they do this, and they have done their best. The property owner would not voluntarily do this. They talked to a majority of the tenants about it, and the tenants are now in agreement. Mr. Mauti was informed they were speaking about the fire lanes. Mr. Linkous asked if reference to the fire lanes was all they alluded to. He recalled one shopping center had to do exactly the same thing. Chairman Ryder was alluding to the fact that to put this building in a highly congested area at the present time, he personally knew the applicant had to come before the Board and get clearance with regard to the park- ing regulations as well as the fire lane. Chairman Ryder had no quarrel with the fire lane. His point was the trade- off seemed to be the shoppers and businesses lose parking that is adjacent and convenient in order to permit this building to go up on a site that will block out the view of traffic going either way. Attorney Gibson took exception to that. Mr. Mauti wondered if the applicant was in violation of any of the City's Codes by erecting the building at that particular site. Chairman Ryder answered that he was not. He pointed out that the applicant is building on private roads. If he built on a City street, he would have to set the building back 25 feet, which is about as wide as the road is. The applicant is not doing that. He may have a 5 foot sidewalk, and that will be it on both roads, so it will be something very close to the roadways. Mr. Mauti said the Board is bound by guidelines. Chairman Ryder advised they are also bound by what is in the public's interest. Public interest came up in the last meeting, and Mr. Mauti thought he made his position clear when he voted against it because of the fire lane, which is a public interest. If it is a violation of a City Code, Mr. Mauti said he would go on arguing, but at the present time, they should let the applicant make his presentation. Attorney Gibson reiterated that they were advised by Mr. Annunziatio that they complied with every Code requirement, - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 and they did so after lengthy deliberations with the Board. They have told the Board their preferences and have followed the Board's preferences. The owner of the property is a citizen of the City, has had the center for a long time, has invested a lot of money in the center, and has paid a lot of ad valorem taxes for the benefit of the City. Attorney Gibson said they have agreed to make a lot of improvements to bring the site up to the City's present Code, including a fire lane. They agreed to dedicate a right-of-way and to do a lot of things that are in the public interest. Attorney Gibson told the Board Members there is an ample turn there. They voluntarily agreed to provide a 25 foot turning visual ability at the corner (which Chairman Ryder had suggested) based upon a private meeting with Attorney Gibson in Mr. Annunziato's office, where they tried to discuss Chairman Ryder's concern. Attorney Gibson emphasized that they have exhausted every ability they have to meet the City's requirements. They have met the requirements that either have been suggested to them by this Board or written in the Code. By their approval of the request, Attorney Gibson said the TRB has indicated to the Board that the a has met the requirements. He repeated that they do anything more. Barring the attack on him by Chairman Ryder, when they went back, Attorney Gibson said they went back with what they had and said, "This is what the City wants." They have now gotten down to the last issues. These people have said they will accept it. Attorney Gibson could not do any more and thought Chairman Ryder had to recognize the rights of both sides. He understood Chairman Ryder's position but when everything legally, Attorney Gibson felt they were ed to go ahead and do it. That is the legal right applicant has by owning property and paying taxes in the City. Attorney Gibson did not think the Board could tamper with it or consider that lightly. He personally has tried to work with the Board and do everything to accommodate the Board's point. Attorney Gibson said they voluntarily set the build- ing back to increase visual access. It is a private road, not a public road. Chairman Ryder pointed out that the applicant is also required to come up with the requisite number of parking spaces, and they say they have done it. He called attention to the fact that a lot of them are not useable and referred to the ones in the rear. Attorney Gibson said they are designated on the site plan, and they can be used if chosen to be used. m. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Mauti reminded Attorney Gibson that the Board is guided by the Code and also by what the public hearing stands for. He referred to the letters Attorney Gibson had and said the Board also has to listen to both sides of that issue. Mr. Mauti said the Board was there to look at what is right for the people of the City of Boynton Beach, which are the guidelines the Board uses. Attorney Gibson repeated that they complied with the Codes. Mr. Linkous believed as long as there was on site parking, it was up to the people to decide where they want to park. Attorney Gibson confirmed Mr. Linkous' statement that the parking spots are ample and meet the City's requirements. Chairman Ryder advised that the ones in the back are encumbered by deliveries, dumpsters, and a lot of other things. Mr. Gregory asked if the 14 spaces for the handicapped were consistent with the requirements of the Code. Mr. Annunziato replied affirmatively, and Chairman Ryder advised the spaces will be in the general area. Attorney Gibson advised Mr. Mauti that they are agreeable to meet with the staff comments. Ron Reeves, owner of Reeves Hardware Inc. (True Value), and a tenant, said they did not receive a notice in reference to the plans of the center or this letter. Through other tenants, the word was passed around. Mr. Reeves spoke to all of the tenants in the shopping center. All of the tenants were against it, but Mr. Reeves was told by some of the tenants that when they went in for the letter, they either signed it or they were against it. There was no neutral. Mr. Reeves had not seen any of the letters Attorney Gibson had bUt assumed they were all from the far end of the shopping center where this building would not affect their businesses. The parking there is close to their stores. Where Mr. Reeves is, their parking is being taken away through the fire lane and handicapped spaces. The tenants who signed the letters do not have the parking in the back that Mr. Reeves has, which is unuseable. With each dumpster, Mr. Reeves said you can take away three parking places, whether it be the two adjacent to the dumpster or the one behind as the truck backs up. If a car is there, the dumpster cannot be dumped. The delivery trucks have to swing around to come in. They come in the - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 side view or back view. If cars are in the ba~'k~ the trucks cannot get to Mr. Reeves' store and can hardly get stock into the businesses (Publix, Eckerd's and Reeves Hardware). Publix has two service entrances for their trucks and may have it a little bit easier but Reeves and Eckerd'shave one entrance for their trucks, and they will not be able to get in. Mr. Reeves went to the overlay and showed that the first three parking spaces had "No Parking" signs. He showed where every store except two that are no longer in business had a dumpster. When dumpsters are there, it takes away a considerable amount of parking. Mr. Reeves also indicated two electrical poles which take away two parking spaces. Publix swinging in and out takes more parking spaces. Mr. Reeves pointed to another place and did not believe there were that many spaces. If they went back there, the Members would see that the dumpsters, fences, and Publix make it unuseable. Most people park where there is "No Parking", and Mr. Reeves said they cannot park in the spots that are available. One reason Mr. Reeves was opposed to it was because parking would be a major problem. They may have the spaces in count but he stated they are not useable in any way, shape, or form. Mr. Reeves entered photos of parking problems now in the back and front of his store along with the proposed fire lanes. The dates and times were on the pictures and the last two pictures were from the front of the center to the back of the center via the south entrance. (The photographs are in the apPlicant's folder in the City Clerk's office.) Mr. Reeves further called attention to the fact there is no walkway for people to walk around to come in front of the shopping center if they park in back. He did not think any- one who lives in Boynton Beach will walk 300 or 400 yards to get to the front of the shopping center. There is no walk through from lone point of the shopping center to the other from either end, and it would be a considerable walk to come around. Mr. !Reeves said most of his customers are elderly people, and they have to have easy access to the stores in order to Shop. Without them, the people who are in business will be out of business. Mr. Reeves referred to shops on the south side of the property which have been empty for almost two years and'said they cannot be rented because there are no parking facilities for them. This will only make the parking worse and the MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 traffic congestion worse. People coming around the building will not be able to see, and Mr. Reeves thought there would be a lot of accidents at that point. He emphasized that you cannot see through solid concrete. For the business people who put their life savings into their businesses in hopes of having something in the future and for the people who have used the shopping center for the six years it has been here, it would not be in the best interests to have the building go up. Richard Wensing, Architect on the project, 2405 Mercer Avenue, West Palm Beach, referred to the parking indicated in back of the building that was pointed out as not being there. If you look at the plans, Mr. Wensing said this is parking they have restriped. You will not find it there today but you will find it in the configuration they have shown if and when the project goes ahead. Mr. Wensing heard people speaking against not having parking in front of their stores but he recalled when he was here last month, people spoke in favor of the fire lane, so Mr. Wensing thought it was partially their fault. He reempha- sized that their building is designed with that corner in mind. If the Members would look at the letters, all of them do not come from the north side of the center. Chairman Ryder noticed they had a notch on the corner of the building, which meant for one car length you could see, but anyone behind that one car would not know what is going on. If you go to any large City in this country, (and talking.about major intersections), Mr. Wensing said you would not find any safer corner than they have provided on a private road inside of their parking center where Code does not require it. Mr. William Baker, Gateway Title and Abstract Company Inc., 111 North Congress Avenue, Boynton Beach, is on the south corner, directly opposite this building. In the several meetings Mr. Baker attended here, it seemed to him that one side of the question that keeps bouncing up is whether the developer is complying or intends to comply with a Building Code requirement and is looking for the Board's recommen- dation of approval. It seemed to Mr. Baker that reasonably, the other side of the disagreement would be the people who provided the developer with the means or opportunity (merchants in the shopping center). Mr. Baker said the developer now states that he is in agree- ment with removing the parking in front of the stores to MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 accommodate a requirement of our Building Code, but he has not said a word about the number of additional parking spaces that will be required by the direction of the building. The comment was made that there will be 14 units in the two story building. If these are merchants or professional people, the smallest number they can expect in a a very over- crowded situation now is 14. Mr. Baker did not find fault in the developer trying to increase his income but stated he has a very selfish interest in his own well-being. Of all the tenants, he is the least affected by anything, whether it be parking. Mr. Baker explained that he does have an interest in his fellow tenants. 90% of the time, Mr. Baker's customers come to him by appoint- ments. His fellow tenants rely on people to reasonably park adjacent to their places of business. In today's society, if it is inconvenient, that customer will go elsewhere. Immediately right next to him, for the past two years, Mr. Baker has had vacant stores. He did not know how many ques- tions he has answered about the shopping center going down. Mr. Baker did not believe the erection of a two story build- ing, which will totally block his store front, was a reason- able thing to do in this shopping center because you create a bowling alley effect. Mr. Baker said whatever the Board recommends should be a good thing, and he did not see anything yet which indicated this is a good thing. With reference to the parking area, Mr. Baker said the southerly 1/3rd of this total shopping center is a mess at the moment. During the season, it is a mess. Now they are going to add more need for parking and more traffic to an already bad situation. Mr. Baker seriously questioned the wisdom of recommending any type of construction in that shopping center. It just does not have enough space for expansion. Don Zyto, Vice President and Senior Banking Officer, Barnett Bank, said they have an average of 15,000 transactions a month. 75% of their customers are retired people, and most of the transactions are made in a walk-in lobby. As most of the customers are retired, they park in the closest place to the bank. With the construction of an additional facility with 14 units at either 2 or 3 per unit, Mr. Zyto said they were probably talking closer to 40 people plus customers coming - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 into the units. This will cause the parking places that the bank now has to be very frequently occupied by people doing business somewhere else because a person will want to park in the point closest to where he is going to go, and the bank happens to be one of the closest buildings to that place. Mr. Zyto told of aged people, people with affirmities, and handicapped people coming to the bank. He knew it made good, logical business sense for the owner to construct the build- ing but thought it would be a hindrance to people trying to operate a business in the center for the building to be put up. It would not help the traffic pattern. Mr. Zyto referred to minor accidents that happen there and said the people who go to the center may not react as readily as younger people. Mr. Zyto informed Chairman Ryder that he uses the south entrance when he goes to the bank. Chairman Ryder called Mr. Zyto's attention to the changes here (islands and wheel stops), which may change the way he gets in to the bank from the southerly entrance. Mr. Zyto saw the map but was not cognizant of the wheel stops, and said most people traverse the shopping center now by just driving where there is room to go. There are arrows too, but Mr. Zyto said a lot of people do not pay attention to them. However, if you meet someone going in the opposite direction of the arrows, Mr. Zyto said you can always move over to the side. With wheel stops, it will be tOugh defending yourself at times. Chairman Ryder pointed out that Barnett Bank is an out parcel and not part of the shopping center. He requested Mr. Wensing, Architect, to point out to Mr. Zyto how he (Mr. Zyto) can get to the bank from the southerly entrance. Mr. Wensing said Barnett Bank has 11 parking places on its site. He said the applicant meets all of the requirements of the new building and have 16 parking spaces over what is required. Chairman Ryder was not talking about parking spaces but access. Mr. Wensing told Chairman Ryder the bank still has the access from the southerly road that it has now. Chairman Ryder asked Mr. Wensing to point that out. There was discussion about a "one way", and Mr. Wensing advised it is "one way" today and they did not change that. If they do not want to violate the parking layout today and in the future, they have the option of going around and all the way over to the central entrance. The point Chairman Ryder was making was they do not have to do that today. There was argument as to what they can and cannot do. - 11 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Chairman Ryder said the bank has parking on the westerly side and asked what if they want to go to the northerly side or the easterly side. Presently, they can cut across the painted line. Mr. Zyto said they would go around the dirt field and go through the drive-in areas. There are about 4,000 cars a month that go through the drive-in areas. Mr. Zyto could not tell by the overlay what is going to happen. Mr. Mauti inquired whether the bank is using that same drive- thru at the present time. Mr. Zyto answered affirmatively. Mr. Mauti asked if there would be changes to that. Mr. Wensing replied that there would not be. He pointed out that the bumpers that he kept hearing people would fall over were a safety requirement by the City because of people cutting across parking lots. Chairman Ryder agreed with Mr. Wensing that the "bumpers" were a good thing, but they make a difference in the means of access to the bank. Mr. Wensing agreed but said it was because of the parking bumpers and not the new building. Chairman Ryder added it was all because the applicant wants to put this new building in. David S. Pressly, Esq., of the law firm of Moyle, Jones, & Flanigan, 707 North Flagler Drive, West Palm Beach, Attorneys for Barnett Bank, added that they were concerned that elderly bank customers willl be forced to use the rear parking. As was pointed out, there is no sidewalk, and there is no cross- road. Rainy weather will create a definite traffic concern. ~ttorney Pressly asked if the dumpster problem was not cured. This was the first time he was aware of it. Mr. Annunziato also was not aware there was a dumpster problem. He said the parking will be as is shown on the site plan. Mr. Fred Martin, Florida National Bank, directly across from the shopping center, felt he had to comment. In his view, the audience had heard three near fights and one supposedly disinterested party who opposed this. They heard a situ- ation where the Developer, Attorney, Architect, and City Planners said they will do everything the Board asked them to do. There seemed to be seven Members available to make the decision for the Board, not one, and it seemed to Mr. Martin the Board should take into account the recommendation of staff and the fact that they received the things they deem necessary to make the project go. If he was in the same position as Barnett Bank, Mr. Martin said he would not oppose this because it means business and a business climate for Boynton Beach. He said this is a city on the move and a city that, despite some old line - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 stands, will be a great city. Mr. Martin challenged the Board to stop the incessant chatter and do something about a matter that is most important. From what Mr. Martin could observe, the applicant has spent a lot of money and time and did what the Board asked. He told of dealing with other governing bodies and said what was happening was not what the Board should be trying to do. Chairman Ryder discovered Mr. Martin had never been to any of the Board meetings before. Mr. Martin said he has been to other governmental meetings throughout the County because he is a concerned banker in the community and stated that what was happening here should not be happening. Mr. Mauti informed Mr. Martin that the people in the audience have the right to be heard because this is a hearing, just as the Board was hearing him (Mr. Martin), an unconcerned person, at the moment. As a member of the community, Mr. Martin did not think anyone was unconcerned. Chairman Ryder said people on the Board have been here a long time and what Mr. Martin saw in the way of the recent growth and development of the City has passed through the Board. Chairman Ryder did not think Mr. Martin had any right to be impatient with the Board because Mr. Martin had not made any contributions to the community and the people on the Board have in giving their time. There was more argument between Mr. Martin and Chairman Ryder. It seemed to Mr. Martin that it was a weighty problem and required the opinion of more than one man. Mr. Reeves came forward again and said as far as the opposition, if the tenants were not frightened, they would be here in opposition also. Attorney Gibson said they came in and asked to modify a site plan that originally showed this building to be built as part of the total center. Anyone who leased in the center and saw the building on the plan knew it was coming. Because of changes they made and recommendations of the Planning Department, Attorney Gibson said they sought to amend the site plan. Attorney Gibson respectfully pointed out that they lost the issues. The issues were they came back; the Board asked them to come up to Code, and everything they have done is in accordance with what the City says its law is. Attorney Gibson told the Members the staff recommendations were before them saying the applicant is in compliance with the MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Code; the site plan should be approved, subject to conditions the staff enumerated, and which Attorney Gibson had said the applicant would comply with. Attorney Gibson heard a lot of fear and a lot' of things that were not germane to the proceeding and hoped the Board did not consider them germane. As a matter of law, the Board's duty is to look at the application. If it is within the Ordinances, they should approve it. If the Board was thinking otherwise, Attorney Gibson respectfully told the Board they would be misconstruing their duty. Attorney Gibson said they have exceeded the parking space requirements. He stated this is the projected site plan after amendment, including the number of feet being added to the center. When you consider the number of feet, the pr~esent use and the future use, Attorney Gibson said they have more than enough parking spaces under the Code. Attorney Gibson referred to Barnett Bank and said they have their own access of parking. A few years ago when they built the building, after they purchased the out parcel, Barnett Bank created a nuisance of elevation with their building and caused drainage problems in the center. Barnett Bank was sued and lost. They had to pay damages for their actions. Barnett Bank does not come in here as a normal user but with a grudge. Attorney Gibson felt the Board needed to know that. This additional use for the center will provide business activity for the center and the whole area, including the center across the street and the City of Boynton. It is a clean, good use and increases the City's tax base. The applicant is spending money to bring the site up to the present Codes. Attorney Gibson said the applicant is doing something to improve the City and is dedicating a right-of- way for future right-of-way expansion that he did not have to dedicate at the time he built the center because the right-of-way plans were not in effect at that time. If the Board's concern was the concern of the City of Boynton Beach, Attorney Gibson felt the applicant was doing a lot for the City. Chairman Ryder reminded Attorney Gibson of the time this was taking. Attorney Gibson asked the Board to consider their duty within the Codes, and he thought the Board's duty was clear. Attorney Gibson obviously wanted the Members to approve the project and said Chairman Ryder obviously does not want it approved. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 With respect to the dumpsters, Mr. Linkous noted reference was made that one or two parking spaces were being taken. He asked if this was carefully analyzed by the TRB. Mr. Annunziato replied their analysis was it was not a problem. He was sure the dumpsters would have to be lOcated as shown on the plan, and locations were shown. Mr. Mauti understood the applicant had 16 spaces over what is required. Mr. Annunziato confirmed there is a surplus of parking. Mr. Mauti determined the applicant had room if he needed a dumpster somewhere else. Chairman Ryder reiterated that the applicant conformed with the City's requirements but he saw an overwhelming concern as to how it will affect the public, not only the businesses but the shoppers. If this goes through, Chairman Ryder felt those concerned will be coming to City Hall asking why. Mr. Linkous commented if this is wrong, then the Code is wrong. He felt there was nothing the Board could do but accept it. He moved to accept the revised plan subject to staff comments. Mr. Hester seconded the motion. At the request of Chairman Ryder, a roll call vote was taken by Mrs. Ramseyer, and the motion carried 4-3 to accept the plan. Mr. Gregory, Chairman Ryder, and Vice Chairman Winter voted against the motion. NEW BUSINESS PUBLIC HEARINGS 1. PROJECT NAME: OWNER: LOCATION: DESCRIPTION-. Robert G. Beane, Rezoning and Land Use Element Amendment Robert G. Beane, Trustee 700 block of North Seacrest Boulevard Request to rezone a .52 acre parcel from R-3 Multiple-family Residential to C-2 Neighborhood Commercial and to amend the future land use element of the Compre- hensive Plan from high density residen- tial to local retail commercial Mr. Tim Cannon, Senior City Planner, said the Planning Department recommended against this zoning and land use amendment. He referred the Members to a Memorandum from the Planning Director dated September 5, 1984. Mr. Cannon indicated the surrounding land uses and present zoning on the overlay. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Cannon read the three Comprehensive Plan objective applicable to the rezoning request from page 2 of the Memo. Under "Land Use Policies" in the Land Use Element, Mr. Cannon read the policy for residential uses applicable to this request, which was also on page 2 of the memo, and said there was a question as to whether putting commercial zoning in the middle of this high density residential would effect an inconvenience to the residences. Mr. Cannon read the first policy applicable for Commercial Uses from page 2 of the memorandum and showed on the zoning map that it would extend the existing commercially zoned strip by Seacrest Boulevard about 220 feet to the north. He read the remaining two policies applicable for Commercial Uses from page 2. Another document relevant to this zoning request is the Neighborhood Strategy Area Plan adopted after the Comprehen- sive Plan. Mr. Cannon called attention to the whole area north of 9th Avenue up to the Boynton Canal and said the Neighborhood Strategy Area Plan recommends that the existing commercial properties and existing commercial uses be develop- ed and stablilized in the C-2 district rather than expanding commercial uses in the area. Mr. Cannon summarized the issues shown on page 3 of Mr. Annunziato's memorandum and the "Discussion and Conclusions" in response to the issues. Mr. Cannon had an overlay showing Boynton Terrace Apartments in relationship to the property in question. He indicated the buildings in the Boynton Terrace Apartments and the location of an 8 unit building only 25 feet away. Mr. Cannon further read the "Recommendation" from page 5 of the memorandum and added that the Planning Department feels this could potentially have a very severe impact on the residential environment of the Boynton Terrace Apartments, and that is their main reason for recommending against the rezoning and land use amendment. Mr. Annunziatio said the stated public policy for commercial development in this area is to itensify the existing commercial areas at either end of N. E. 10th Avenue and at Seacrest. In this regard, the Palm Beach County Department of Housing and Community Development asked to purchase several of the lots and has razed one building which did not meet the City's current Codes. It is their intention to analyze further needs for commercial development in the already zoned commercial areas on 10th Avenue. Gene Moore, Attorney for Robert G. Beane, 639 East Ocean Avenue, Boynton Beach, reminded the Members that approxi- 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 mately 2-1/2 years ago, Mr. Beane applied for rezoning on the same parcel to C-3. That was denied. However, there was discussion that had Mr. Beane asked for C-2 at that time (which would be an extension of the existing zoning on probably the depth of 100 feet on Seacrest Boulevard), they might have given him favorable consideration. At that time, there basically was no development within the R-3 zone. Since that point and time, approximately 34 residential units were constructed to the west; and Attorney Moore believed 80 some .units were completed for a total of approximately 120 units. Attorney Moore stated their basic position is that if this property were rezoned as a continuation of the adjacent property to the south, it would be an ideal location (because of the proximity of the residential structures there) for a convenience type store in C-2 to adequately serve those people. He further pointed out that a 100 foot strip facing on a four lane major arterial thoroughfare simply is not susceptible to residential development. Attorney Moore personally knew of no duplex or any other units that have been built right on the highway north of 2nd Avenue and all the way to the canal. It may be the large residential area fronts on Seacrest, but he said the necessary forum that totally set the area off was to keep people off, keep people in, or whatever. Being restricted to a 100 foot strip there with setbacks with maybe 20 feet on the front and 30 feet or more on the back simply was not sensible development. It was not sensible for people to move in, build duplexes, or whatever. Attorney Moore poin~t~_out.-that is the type of people that have dogs and kids, and they will get killed one way or the other unless you build a fence and cage them in. Talking about the convenience store and the area surrounding it, Attorney Moore understood from the Code that where you have a C-2 Zone and a Commercial Zone fronting on a Residential Zone, it is necessary to buffer that out with an appropriate fence or a concrete wall, whatever the case may be. Attorney Moore did not think there was going to be any detracting factor if this were extended from the property to the south and allowed to have the restrictive type of com- mercial zoning that is allowed in a C-2 with a neighborhood convenience area. As he pointed out, Attorney Moore said they could look at the record and he did not think anyone would buy that - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 property or attempt to utilize that property fronting right on a four lane arterial major thoroughfare for residential purposes. At the time they developed the property in the back, Mr. Beane contacted the developer with the intent to see if he wanted to extend his units on up the road, and the developer said he did not want to put the residential property that close but wanted a buffer in there. Attorney Moore said that was another factor. It was Attorney Moore's understanding that similar parcels to the north have defected from any attempt at development. In fact, he thought they gave some property to churches. A church was developed across the street. Right now, Attorney Moore thought the area was isolated as far as development, and an extension of the C-2 to the south would not hurt the north area. He failed to see why the City should have basi- cally 4-1/2 blocks zoned Comercial to the depth of the 100 feet and then stop at Mr. Beane's south property. That did not denote to Attorney Moore valid or fair zoning on the property. Lastly, Attorney Moore thought the point was about the utilization or availability of other undeveloped commercial property in the area. Even with the construction and installa- tion of Martin Luther King Jr. Boulevard, which has been probably in excess of eight months, Attorney Moore has seen no development in the area. For some reason, the property just has not been developed commercial. It was years ago but Attorney Moore did not know why it stopped. He thought the test and validity of any Comprehensive Plan should be the manner in which the property is implemented or deve- loped. Attorney Moore thought the property they were using now against his client was either a mistake or was too much commercial zoning. He said this is much more susceptible to development than saying this should not be developed for commercial purposes because there is something somewhere else which has not been developed at this point. Attorney Moore questioned whether or not it ever will be. Publicity in the papers within the development immediately in back of the applicant's property says it will bring people from outside of the area and cause problems. Attorney Moore stated the biggest problem in town of vandal- ism is from people living there. Maybe they would make use of whatever commercial development is there and do something constructive like getting jobs instead of busting out win- dows. Attorney Moore did not think anything going in there - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 would adversely affect the people in the rear. If this was such a bad deal, there would be opposition, and no one had contacted him. To Attorney Moore's knowledge, there was no correspondence or anybody here to oppose it. Under the present zoning classification with the limited variances there, Attorney Moore did not think it was accept- able to any type of reasonable development within the fore- seeable future. He thought the development requested by Mr. Beane would augment the area rather than detract from it, as it would be in the nature of stores, dry cleaners, and what- ever they put there. Attorney Moore did not think commer- cial per se should have the harness on it that there is something bad about it. With all due respect, it seemed to Attorney Moore the Planners point out noise, rats, garbage, and everything else. He stated that you have to have business somewhere, and the people Attorney Moore knows in town run their businesses in a clean manner as best as possible and serve the needs of the people in the immediate area. He did not think that was fair and felt it was a "bum rap". Chairman Ryder asked if anyone else wished to appear in support of the application. There was no response. Chair- man Ryder asked if anyone wished to speak in opposition to the application. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Hester asked if notification was sent to the people who own homes there. Mr. Annunziato replied that all property owners within 400 feet received a notice. People who live in Boynton Terrace Apartments are not property owners, but he was sure a letter of notification went out to the owner. Mr. Linkous recalled this was hashed out about three years ago. He talked to some of the people. It was true they may not have been property owners, but Mr. Linkous said there are about fifty people who have to walk. Mr. Linkous did not know what types of stores would be going in but knew the people would not have to walk as far as they do now if it was zoned C-2. He could understand being against C-3, but it seemed to Mr. Linkous that it would be an appropriate spot for C-2 because C-2 is right down the street from it. Mr. Mauti was a property owner in that area at one time and could not sell lots for residential which were only 100 feet from Seacrest because of that area. He was lucky to sell his property to a church. Mr. Mauti told of a non-conforming - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 business on the westerly side of Seacrest, north of 8th, which has been existing for years. He went along with Mr. Linkous and saw no harm in changing the zoning. Mr. Mauti called attention to the fact that when it previously was brought before the Board, the Board at that time was in support of C-2 zoning but not C-3. Mr. Hester recalled at that time, a lot of people were in favor of it. Since then, Chairman Ryder said they have had new appointments. Attorney Moore felt that was all the more reason why it should go commercial. As Mr. Annunziato's report indicated, it was Chairman Ryder's feeling they should maintain a better sense of character here. Mr. Mauti pointed out that everything Mr. Annunziato speci- fied in his report he stated on another issue. Mr. Mauti did not think it was correct and did not think the Board should look at a report which was far fetched about a small parcel being changed. It was Mr. Gregory's understanding that they were going to make a decision to change the Comprehensive Plan if they vote in favor of this. Mr. Annunziato confirmed that was correct and said the applicant used the Land Use Element recommendation, and it is inconsistent with stated policy. Mr. Mauti reiterated that it is a piece of property on a four lane highway no one wants to live on or build on, and he felt it would be more appropriate for a commercial use rather than a residential use. In this instance, Mr. Annunziato said you have residential properties on the northeast, east, southeast, and southwest. Mr. Gregory was concerned whether it was proper for the Board to consider a rezoning request. Changing the Compre- hensive Plan every time they make a decision would negate the plan, and you would not have a plan. Mr. Linkous said the Board already had a precedent established on the Comprehensive Plan north of 23rd on Seacrest. Mr. Mauti recalled it was changed to~esidential, and there is residential all around that area. Mr. Gregory said two wrongs do not make a right. Mr. Mauti thought the Board had to consider whether a person could utilize a residential piece of property on a four lane highway. Mr. Gregory argued that there are special considerations given to the overall Comprehensive Plan. Mr. Linkous moved to grant the request, seconded by Mr. Mauti. Mrs. Ramseyer took a roll call vote on the motion * Should be commercial. See Minutes of 10/9/S4. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 and the motion carried 4-3 in favor of the motion. Chair- man Ryder, Vice Chairman Winter, and Mr. Gregory voted against the motion. Mr. Gregory explained he was not against rezoning but questioned the reason for changing the Compre- hensive Plan. According to Mr. Annunziato, Mr. Gregory thought there would be a time and place for that in the near future. At that time, they can make a decision and know where they are going for the next five years. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: High Ridge Properties Fred Roth Ralph Beirnbaum, Trustee N. W. 7th Court (extended) and Miner Road Rezoning request to change the zoning classification from R1AAA Single Family Residential to R1AA Single Family Residential Mr. Tim Cannon, Senior Planner, showed the location of the High Ridge Country Club, which the property wraps around, on the overlay. He read the "Surrounding Land Use and Zoning" from pages 1 and 2 of the Memorandum to the Chairman and Members of the Board from Carmen S. Annunziato, Planning Director. Mr. Cannon said the property presently is part of a master plan which used both High Ridge Country Club and this property. The master plan shows plotted lots that are under R1AAA zoning, which requires 12,500 square foot lots, a 2200 square foot house, and a 100 foot frontage. The applicant is asking for R1AA zoning, which requires 8,000 square foot lots, 1500 square foot living area, and a 75 foot frontage. Mr. Cannon informed the Board that the staff analyzed this rezoning request in light of the Comprehensive Plan policies, and three policies were relevant. He read the three policies listed at the bottom of page 2 of Mr. Annunziato's memo, the "Issues", and "Discussion" found on pages 2 and 3 of the memo. Mr. Cannon said there was no real concern on the part of the Planning Department as to the effect of this rezoning, and they were recommending the requested change. Mr. Cannon said it does not require a Land Use Amendment, and he read the paragraph entitled "Comprehensive Plan-Future Land Use Map" from page 2 of the memo. Mr. Frederick Roth, Jr., P.E., of Treasure Coast Engineering Consultants, Inc., 2701 Starwood Court, West Palm Beach, - 21- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Florida 33406, Agent for the Applicant, felt the rezoning request would make the property better suited for develop- ment in the area. As pointed out by the Planning Depart- ment, the R1AAA is a non-developable category in this area. Mr. Roth told the Board Members the project will be basically surrounded by a commercial, industrial area adjacent on both sides of the canal at a considerably higher density. He showed a conceptual drawing that they developed to show the relationship of the roads. They also did an analysis on the existing trees in conjunction with concerns expressed by the Planning Department. Vice Chairman Winter asked if the property is owned by High Ridge Country Club. Mr. Roth replied that the owner is Ralph Beirnbaum, Trustee, the original developer of the High Ridge property. High Ridge Country Club is a separate parcel now, and this does not include the Country Club. Vice Chairman Winter asked if the Country Club was advised of the rezoning. As it is a property owner, Mr. Roth was sure the Country Club was advised. It was Mr. Annunziato's under- standing that not:all of the members of the golf course own this property, but a group of the investors who are members of the golf course do. Vice Chairman Winter questioned whether a majority of the golf club members owns the property. Having talked with them, Mr. Linkous happened to know this is being sold sub- ject to the zoning change. The only thing that concerned him was the substantial tax base the Board was also talking about (8,000 square foot lots opposed to 12,000 square foot lots). Mr. Linkous stated that would be his objection. Vice Chairman Winter asked how the owners of the golf course would feel about lower valued housing going in next to the golf course. It was Mr. Roth's opinion it was the potential of being less expensive than a house built on a 12,500 square foot lot, but by no means could a house 1,500 square feet in area on an 8,000 square foot lot be considered low cost housing. These houses will be relatively expensive and will be consistent with many houses located in adjacent areas. Mr. Roth pointed out that this particular zoning classifica- tion is considerably restrictive and probably has larger lots than many of the expensive golf course areas west of the city limits. The cost of the house that can be constructed on the lot really is not necessarily indicative of the size of the lot. Mr. Linkous commented that he was talking about a 75 foot front in lieu of a 100 fOot front. - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Roth was not going to dispute it, as he was aware of the differences. He said there was no question that it was a smaller lot. Mr. Roth stated they were not that sure that all of the lots will be 8,000 square feet either. Lots could be on cul-de-sacs, and an appreciable number of them could be in excess of 8,000 square feet from the standpoint of the final layout of the area. The minimum will be 8,000, and Mr. Roth said they will go from there. Chairman Ryder determined no one else wished to speak in favor or in opposition to the request. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder did not feel this could impact unfavorably upon the surrounding area, and he found the recommendation of the Planning Director satisfactory. Mr. Mauti moved to approve the rezoning request, seconded by Mr. Hester, subject to staff comments and the applicant dedicating a right-of-way for Miner Road along the southern boundary of the property within sixty days of this rezoning, if approved, and that the developer of the property con- struct Miner Road from High Ridge Road to Congress Avenue in conjunction with the first plat of the property. Motion carried 7-0. Mr. Roth said they reviewed the staff comments and had no problem with them. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: First Financial Plaza Moratorium Variance Bill Rawson, d/b/a Bill's Antenna Service Thomas Ko Wasserman 639 E. Ocean Avenue Request for a variance to Ordinance No. 83-40, which places a moratorium on new construction or building renovation in the Community Redevelopment Area in order to install a satellite receiving dish on the roof of an office building Mr. Annunziato, Planning Director, called attention to the memo dated September 6, 1984 from Peter L. Cheney, City Manager. The memo was a requirement of the Moratorium Ordinance and incorporated the comments of the Technical Review Board. Mr. Annunziato said the applicant is requesting to install a satellite dish on top of the First Financial Plaza. Mr. Annunziato said this has had four kinds of review thus- far: (1) The Technical Review Board reviewed it with respect to 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER I1, 1984 the technical aspects and made a recommendation to the City Manager that the request be approved. (2) The Community Redevelopment Agency (CRA) reviewed the request, which was not a requirement of the Moratorium Ordinance, but the requests are referred to them. The CRA offered a positive recommendation. (3) The City Council approved the issue of height in this regard. (4) The City Manager recommended it be approved. Thomas K. Wasserman, Limited Partner, Edward D. Jones & Co., Suite 405, First Financial Plaza, 639 East Ocean Avenue, Boynton Beach, Florida 33435, asked the Council to approve the height exception. He explained that his company's home office is in St. Louis; they have 735 offices in 33 states, are a member of the New York Stock Exchange, and in an effort to disseminate financial information on an expedient basis to all of their offices, they instigated a satellite trans- mission program in the home office in St. Louis whereby they can transmit programs to each of their 735 offices. At some point and time, Mr. Wasserman said it will become very necessary for him to operate his office as a competitive stock brokerage firm. He hoped there would be additional benefits to the community in that this is a highly technological and innovative method of disseminating financial information. As indicated in his letter, Mr. Wasserman thought it met the requirements to grant a height exception. He had a letter on file in which Mr. Annunziato addressed all of the points which seem to be necessary to grant a height excep- tion. Mr. Wasserman said he talked in length about his need to have the exception but did not mean to minimize the other items which will allow a height exception to be granted. Mr. Wasserman said Mr. William E. Rawson, Bill's Antenna Service, 816 S. E. 1st Street, Boynton Beach, was present to answer any technical questions. Mr. Annunziato said the Board should be mindful that the issue of height has been resolved. Mr. Rawson pointed out that the dish is solid and pure white. He asked the Members to notice it is setting down, half way inside the total facia for the four foot paraphet which is around that. Also, the dish is in an upright position, which is not an operational mode, and swings on a four foot axis. It will be at least 2~ to 3 feet lower than the picture depicted. Mr. Rawson said the elevator shaft is 48'4". This will be sitting to the east of that point of the building and will probably be in inches of that height, visibly, chances are - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 you will not see it. It is also 20 feet in from either side, and only four feet above the physical part of the structure is noticeable. Mr. Rawson informed Mr. Linkous that dishes are movable, but this particular one is fixed on a particular satellite. Mr. Annunziato confirmed Mr. Linkous' understanding that this coincides with the height restriction as it relates to the referendum that was voted on. Chairman Ryder determined no one else wished to speak in favor or in opposition to the variance. THE PUBLIC HEARING WAS CLOSED. Mr. Linkous moved to accept First Financial Plaza's height exception, seconded by Mr. Gregory. Motion carried 7-0. SITE PLAN MODIFICATAIONS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: First Financial Plaza Bill Rawson, d/b/a Bill's Antenna Service Thomas Wasserman 639 E. Ocean Avenue Request to install a satellite receiving dish on roof of an office building Mr. Annunziato, City Planner, said the Technical Review Board recommended this be approved subject to receiving a height exception. Mr. Linkous questioned whether they would receive a height exception from the City Council, and Mr. Annunziato advised they accomplished that. Mr. Mauti moved to approve the request, seconded by Mr. Pagliarulo. Motion carried 7-0. THE BOARD TOOK AN INTERMISSION AT 9:25 P. M. AND RECONVENED AT 9:38 P. M. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Forum Shoppes Siteworks, Inc. Claude B. Gagne Congress Avenue at Ocean Drive Request to approve modification to office building, consistent with height excep- tion approved by City Council Mr. Cannon told the Members this is a minor modification to the Plan they approved last month and is to allow a paraquet to extend above the 45 fOot height limitation and to allow - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 an elevator shaft on top of the roof. He indicated the office building, which fronts on Ocean Drive, on the southern end of the project. Congress Avenue lies to the west. Mr. Cannon said the only staff comment was that the applicant secure a height exception, and the City Council granted a height exception last week. Consequently, that was addressed. There were no other staff comments. Randy Kuser, of Siteworks, Inc., 639 East Ocean Avenue, Boynton Beach, Florida 33435, was present for the applicant. Mr. Hester moved to approve the modification, seconded by Mr. Linkous. Motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Promenade Peabody & Childs Edward J. DeBartolo Corporation Old Boynton Road and N. Congress Avenue Request to modify loading dock on Build- ing D, as well as changes to site lighting Mr. Cannon said this is another modification and presented the overlay as originally approved. He indicated Congress Avenue along the east and two of the mall access roads. Mr. Cannon indicated Building D and said they would be squaring off the loading bay and making it a part of the store. The other modification is to change the site light- ing. The applicant found there would be some dark areas in the parking lot and changed the height of the poles, relo- cated the standards, and changed the type of lamp to eliminate the dark areas. There were no staff comments. Mark Weiner, Architect, of Peabody & Childs Architects, Inc., 440 East Sample Road, Suite 100, Pompano Beach, Florida 33064, said he would be glad to answer any questions the Members had. Mr. Gregory moved, seconded by Mr. Pagliarulo, to approve the modification. Motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Golfview Harbour Estates Norman Michaels Milnor Corporation Congress Avenue at S. W. 25th Place Request to construct optional screened porches on apartments for previously approved site plan - 26- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Cannon told the Members this was another modification. He said this was along the west side of the property. S.E. 23rd is several hundred feet to the north of the site plan. The applicant was asking for the option to construct 14'x10' screen porches on the rear of each of the one story townhouse units. The site plan was submitted previously, and there were dif- ferent configurations for the screened porches. Mr. Cannon showed that the site plan will allow the applicant to extend the screened porches beyond what was shown on the building outline. There were no staff comments, and no one was present to represent the applicant. Mr. Gregory moved, seconded by Mr. Linkous, to approve the request. Motion carried 7-0. C. SITE PLANS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Boat Club Park Edward D. Stone, Jr. & Associates City of Boynton Beach North U. S. 1 and N. E. 21st Avenue Request to reconstruct boat launching facilities, rest rooms, picnic shelters and parking Mr. Cannon stated this is a renovation that will cost approximately $500,000 and will be funded by the State of Florida. It is a seven acre site. Presently there are two accesses to the site. One is off of North Federal Highway and one is off a residential street to the south. The access to the south will be closed off except for emergency overflow. Mr. Cannon informed the Members that most of'the existing asphalt will be torn up, and the road will be reconstructed. Additional paved parking will be provided, and the boat parking will also be paved. Mr. Cannon indicated the boat parking stalls, the location of existing docks that will be removed, and where floating docks and a new seawall will be installed. Mr. Cannon also showed where another floating dock will be and said it does not have access from the boat ramp. He further showed the location of fishing piers. Mr. Cannon referred to the structures on the site and said the existing shelters will be retained but new shelters will be added. He indicated the location of new restrooms and said the existing clubhouse will remain. Landscaping will be throughout the entire site. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Cannon read the staff comments from the Building, Engineering, and Utility Departments. Mr. Charles Love, Edward D. Stone, Jr. and Associates, P.A., 1512 East Broward Boulevard, Suite 110, Fort Lauderdale, Florida 33301, had no problem with the staff comments. Mr. Mauti asked that Mr. Love answer the third question posed by Mr. Clark. Mr. Love answered, "Only because the drainage required for that area is smaller than the other two catch basins." Mr. Annunziato thought those questions were raised primarily for informational purposes. Mr. Linkous moved to approve the request, subject to staff comments, seconded by Mr. Hester. Motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Rouse Building Frank Snedaker Jack Rouse Neptune Drive at Thor Drive Request to construct a one story industrial building for testing labora- tories and administrative offices on a 72,056 sq. ft. site Mr. Cannon showed the access to the site, the outline of the building, and locations of the buildings on the overlay. He said the applicant will maintain a fleet of vehicles there also. Separate approval will be required from the City staff. It is also an environmental review project. Mr. Cannon also showed where the staff offices will be, and said 32 parking spaces will be on the west side of the lot. The remainder of the site will be sodded, and it will be used for drainage retention. To the east is the Seaboard Airline Railway and 1-95. Mr. Cannon read the staff comments from the Building, Engineering, and Utility Departments, and advised that the Technical Review Board had no problem with this. Mr. Richard Otto, Nutting Engineering, 121 S. W. 5th Court Pompano Beach, Florida, said they are now based in Pompano but need more room and are relocating here. They do soil testing, standard penetration tests and densities. Mr. Linkous moved to grant the request, subject to staff comments. Motion carried 7-0. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes PUD CATV Facilities James Holland Lennar Homes, Inc. LWDD E-4 Canal at LWDD Canal ~20 Construction of CATV facilities consistent with the approved master plan modification Mr. Cannon informed the Members that the master plan was approved several months ago. Last week, the City Council approved the height exception for an antenna. To the north and west of the property are one story town houses. Two satellite dishes are located on the site, and a small building is there for equipment. Mr. Cannon read the staff comments from the Building Department. Mr. James Holland, Agent, Lennar Homes, Inc., 700 N. W. 107th Avenue, Miami, Florida 33172, told the Members there will be an equipment building which Will house the electronic equipment. The only other thing Mr. Holland wanted to add was the residents are very anxious for service, and the applicant is very anxious to provide the service. Mr. Linkous was informed the receiving antenna is 60 feet high, and Mr. Annunziato advised that was the reason for the height exception approved by the Council. Mr. Holland explained the reason they need 60 feet is to assure quality reception for Miami Channels, particularly Channel 6. Mr. Mauti moved to approve the site plan modifications subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. SUBDIVISION PRE-APPLICATIONS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Miner Ridge Estates John Fiorentino Paggey Investors Miner Road west of Rolling Green Elementary School Proposed subdivision pre-application pro- viding for the construction of eighteen (18) single family homes in an R1 zoning district Mr. Pagliarulo stated he would abstain from voting and was aware he is to file a statement in that regard with the Recording Secretary in the City Clerk's Office. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Cannon showed the location of the project. Mr. Annunziato said the request was reviewed by the Technical Review Board and came with a recommendation that it be approved subject to the applicant submitting with his master plan a plan which locates the building envelopes on each proposed lot. Adequate utilities exist in the area, and there is no significant impact on traffic or drainage. Mr. Annunziato read the staff comment from the Building Department. Mr. Gregory moved to approve the pre-application subject to staff comments, seconded by Mr. Linkous. Motion carried 6-0 with Mr. Pagliarulo abstaining from voting. 0 PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Adjenta Condominium Frank Kopocs D. Pal Jain Federal Highway, east of Gentleman Jim's Restaurant Subdi.vision pre-application to provide for construction of a 21 unit condominium on two (2) acres At this point, Mr. Annunziato reminded Chairman Ryder this is a subdivision issue and not the site plan issue. The subdivision will be bordered on the east by the Intracoastal Waterway. Access to the site is by a private road which is an extension of the property which separates the condominium to the south from Gentleman Jim's Restaurant to the north. The Techical Review Board recommended that the plan be approved, as there are utilities at U. S. 1 designed to serve the site. The access is marginal, but it is the only access available to the site. Mr. Annunziato informed Mr. Linkous the width of the road is 25 feet, which is adequate to install a 22 foot paved driveway. Chairman Ryder wondered if the Fire Department had any comments. Mr. Annunziato advised the access is sufficient, but it would not be suffi- cient for a public right-of-way. Mr. Annunziato continued by saying circulation on site is adequate. You can get around the site very easily. If approved, the proposal will provide for docks on the Intra- coastal, a pool, and tennis courts. Mr. Gregory wondered what the City's responsibility was with regard to providing fire service to that area as a private road. He asked if the City would be guaranteed the access. As part of the planning process, Mr. Annunziato said the - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 City will require an ingress and egress easement for munici- pal purposes over that private drive. Mr. Frank Kopocs, Realtor, Ellora Associates, Ltd., 1194 Old Dixie Highway, Lake Park, Florida 33403, appeared as Agent for the applicant. He felt the project would be an asset to the City and it will be increasing the tax base. Mr. Kopocs was aware of the staff comments and called atten- tion to comment 92 from the Building Department. Mr. Kopocs said they made a survey of the mangroves along the Intra- coastal, but there are no other trees on the property to be surveyed. Mr. Annunziato asked about the mangroves on the north side. Mr. Kopocs stated they would be left in their natural habitat. As to comment 93, Mr. Kopocs said that will be a requirement by the City of Boynton Beach for the permanent site plan. Mr. Hester moved to approve the subdivision pre-application, seconded by Mr. Mauti. Motion carried 7-0. MASTER PLAN MODIFICATIONS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Cherry Walk Irving Jablon Cherry Walk Homes, Inc. 1199 South Congress Avenue Reduce size of pool from 1300 sq. ft. to 20' x 40' with an additional area being added to the deck space as well as eliminating the recreation building and substituting a 336 sq. ft. pavillion At the last Council meeting, Mr. Annunziato said the appli- cant secured a determination of no substantial change based primarily upon recommendations made by the Technical Review Board. The basis for the Technical Review Board's recommen- dation in regard to the elimination of the recreation build- ing is that the applicant at the time of planning the master plan approval received no credit for Recreation and Parks dedication; that is, he paid the entire fee as opposed to receiving 1/2 credit for recreation on site. The connotation there is that no recreation was required to be constructed on site. However, to be competitive, the appli- cant obviously had to provide something so he could sell his units. Because the applicant received no credit, Mr. Annunziato said the TRB's recommendation was that the recreation on - 31- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 site became a private matter and not one which was detemined to be substantial. Mr. Albin M. Kozikowski, 2521 S. W. llth Court, Boynton Beach, the new project manager at Cherry Walk homes, was asked by Chairman Ryder if the purchasers of the homes were cognizant of the fact the developer is eliminating the recreation building. Mr. Kozikowski replied that they are aware and he had 30 sales. Phase I will have 59 units, and Phase II will have 84 units. Phase II does not have a recreation building. Chairman Ryder felt a recreation building was a necessity and asked where the residents will meet and have socials. Because of the size of the parcel of land, Mr. Kozikowski said there is not room for a large pool and recreation building. He said one might be designed in Phase II. Mr. Annunziato informed the Members that the master plan which was approved incorporated both Phase I and Phase II. There are no additional plans for a meeting room in Phase II. This would require a master plan modification and, at this point, Mr. Annunziato said the Board should not be thinking in terms of additional improvements to Phase II. Chairman Ryder realized the Council found no substantial change but, to him, it was a substantial change regardless of the matter of credit. Mr. Annunziato advised that the Board can approve or disapprove these master plan modifica- tions. Chairman Ryder noted the TRB recommended approval but said the Board would be going beyond that. They would be leaving the residents with no place to meet, discuss problems, have parties, or anything. Mr. Mauti was informed that the recreation building they were going to put there was never designed. Mr. Kozikowski confirmed it was just an outline, but the building was never designed. He called attention to the fact that these are single family houses. Chairman Ryder referred to Leisure- ville and ~he±~need for a recreation building. Mr. Pagliarulo asked what the area where the recreation building would have been would be used for. Mr. Kozikowski replied they will put in the pool, pavilion, and parking around the sodded area. He thought it was only 200 feet long at its longest point, but there is not enough room to put anything else in there. Mr. Annunziato informed Mr. Mauti 1300 square feet was on the original master plan. Mr. Kozikowski commented that the planning was very poor. - 32- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Chairman Ryder recommended that the applicant come back with a modification for the second phase. Mr. Annunziato informed the Board Members there is a different owner for Phase II (Coral Gables Bank). He said the Board can approve or dis- approve the application with or without modifications. Mr. Mauti was informed that no people are living there now. At this time, Mr. Kozikowski said there has been no opposition to this. Mr. Gregory asked if the people Mr. Kozikowski sold to agreed there will be no recreation. Mr. Kozikowski answered that the people were so happy to get these homes for $20,000 less, he could not get C.O.s fast enough. He added square footage to the buildings and increased the lot area, so the average building now is worth around $82,000, and the majority of the people paid $59,900 so they do not care if they get a pool or not. Mr. Annunziato said sewer, water, paving and drainage will be construCted. Mr. Gregory wondered if the people who bought the homes might have been misled. Mr. Annunziato stated the recreational area was never designed so there was never anything to show. The master plan was on file and people did look at it, and many people bought that looked at the plan. If this was denied, Mr. Linkous told Mr. Kozikowski he could eliminate one or two units and utilize the space for a recreation building. Mr. Kozikowski said he possibly could. Mr. Linkous, personally, did not know how the Board Members could approve this. Mr. Mauti moved to deny the master plan modification, seconded by Mr. Pagilauro. Motion carried 7-0. o PROJECT NAME: Catalina Club AGENT: Metro Development Corporation OWNER: Riteco Development Corporation LOCATION: N.W. corner of Congress Avenue and Boynton Canal Mr. Annunziato told the Members this is the second master plan modification they have had for this Planned Unit Development. The reasons for this modification and kinds of requests made were stated in Mr. Annunziato's memo, dated September 4, 1984, to the Council for determination of a substantial change. Mr. Annunziato read the five modifica- tions requested from page 1 of his memo. He explained that Metro Development Corporation has contracted to purchase the property north of N. W. 22nd Avenue in the Catalina Club. - 33- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 With reference to the 3rd modification, Mr. Annunziato said Metro is proposing a 328 unit rental project north of 22nd Avenue and the remainder of the units will be either in a condominium or rental mode depending on the market at that time. They will not wait for the entire PUD south of 22nd Avenue to be built. Mr. Annunziato explained the reason for the deletion of the connector road referred to in the fourth modification is the fact there will be two different projects north of N. W. 22nd Avenue which may not be compatible. With reference to the 5th modification, Mr. Annunziato said the only way this could possibly work would be to meet the subdivision regulation requirements in each project north of 22nd Avenue separately in addition to the recreation south of 22nd. Recreation and Parks have met three times on this project. Chairman Ryder questioned how they could find no substantial change when there are two ownerships. Mr. Annunziato explained that several ownerships in PUDs is not new in Boynton Beach, and he gave the Meadows PUD as an example. Splitting of ownership is not a problem. Mr. Annunziato said the Technical Review Board recommended that the Council find no substantial change. Basically, the reasons are that the utility delivery system has not changed. There is a minor differentiation with respect to traffic. Because of the deletion of the true load, Mr. Annunziato was advised by Mr. Enrico Rossi, Professional Engineer, that you end up loading the intersection of this proposed development at Congress to the deference of the intersection of 22nd Avenue. The Police Department felt this was a positive change because the intersection at Congress will be signalized and the other will not. The difference was 4% to 7%. Mr. Annunziato read the last paragraph on page 2 of his memo. Mr. Annunziato reported that the Council made a finding of no substantial change. Mr. Annunziato read a memo addressed to him from Perry A. Cessna, Director of Utilities, dated August 30, 1984 and said the applicant is proposing to loop the water main along the south side of Canal 21 on their property. Staff's comment was that the applicant provide enough land so the City can access its water line. The Recreation Department suggested that the applicant detail the vita course location and construction specifications on the site plan. - 34- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Mr. Linkous asked where signalization would be. If pro- vided, Mr. Annunziato answered that signalization will be on Congress a~ the northerly exit. It will be a four corner intersection with a road projecting eastward, crossing the E-4 and serving the proposed Boynton Beach Park of Commerce. Originally, a private road was proposed from this intersec- tion to loop southward and intersect at that driveway. The impact of deleting that private connector is to load the intersection at Congress with trips which would have come out on 22nd Avenue. Because the intersection at 22nd will be signalized, the Police Department felt that was an improvement. Mr. John Michael Glyman, Site Planner for the property, The Glyman Design Group, Suite 2406, 5600 North Dixie Highway, West Palm Beach, Florida 33407, presented a colored replica of what was on the overlay. Mr. Glyman said it was thought since they were going to do two phases, the roadway was not necessary as it inhibits a unified site plan on either parcel. The recreational amenities proposed were listed and they noted the Recreation and Parks' Department,s comments aboutit at this the vita time. course, which was why they were incorporating Mr. Glyman said they submitted a preliminary site plan to staff which somewhat details the recreational amenities and the layout of the apartment buildings. The buildings he proposed are a combination of two and three story buildings (normally, two story on the ends of the building and three st~ories towards the middle). This was in contrast to the four story type of condominium buildings appoved under the master plan. Mr. Kevin Henderson, Director of Engineering and Design, Metro Development Corporation, said the project proposes to use a very interesting and top of the line style of arChitecture in luxury garden apartments in the 3/2 split described by Mr. Glyman. Mr. Henderson said they are very proud of the architecture and won awards as being the best project in the southeast. He felt it would be a very strong and positive addition to the community. Mr. Henderson said the replica was typical of the cluster arrangement they have. Mr. Gregory noted they were reducing the recreational building. Mr. Henderson replied they do not have a recre- ational building per se proposed for Phase I. They would provide a leasing office with room in it for meetings if necessary. Their experience has been that large clubhouses are not used with the kind of tenants they foresee. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 thought it was an oversight that no utilities were shown to serve the public dedicated park. The Technical Review Board recommended that the plat be approved, subject to staff comments. Mr. Annunziato noted that both Mr. James Holland and Mr. Ric Rossi were present. Mr. Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., Suite 407, Forum III, 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401-2179 said they were aware of all of the comments and a lot of them had already been addressed on the plans. He took no excep- tion to the comments. Mr. Mauti moved, seconded by Mr. Linkous, to approve the preliminary plat subject to all staff comments. Motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:55 P. M. a~ ~vCeiaTaR~me~yer ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 11, 1984 Chairman Ryder noted they now have a maintenance building which they did not have before. Mr. Henderson added they have a car wash and a laundry facility. At this time, they project $450 a month as the monthly rental. Mr. Henderson told Mr. Linkous 524 units were originally proposed. They are not proposing any change in that. The effort to change the plan was primarily initiated to help them produce a better quality site plan, and Mr. Henderson thought they had successfully accomplished that for Phase I. Mr. Linkous moved to approve the master plan modifications, seconded by Mr. Hester. Motion carried 7-0. PRELIMINARY PLATS PROJECT NAME: AGENT: OWNER: DESCRIPTION: Boynton Lakes PUD, Plat 4 Ric Rossi Boynton Lakes PUD north of LWDD Canal 919 Infrastructure improvements to provide for the construction of 167 single family detached, zero lot line homes on 54.7 acres plus the dedication of a 7 acre park for public purposes, consistent with a previously approved master plan modification Mr. Annunziato said the preliminary plat before the Board was submitted in c°nnection with the master plan modification which was approved earlier this year and implements the master plan.modification which occurred. Mr Cannon indicated the locations as Mr. Annunziato told the Members this is approximately an eight acre park bordered on the east.bY a lake which was initially proposed to be dedi- cated in 1979 and now will be dedicated by this plat. The private recreation, located across the street on Boynton Lakes Boulevard, also proposed an initial master plan. Mr. Annunziato said there is a divided point of access inter- secting Congress Avenue on the west. An extension is pro- posed in this plat for Boynton Lakes Boulevard all the way through to Hypoluxo Road. There is also the extension of Boynton Lakes Boulevard south to Canal 19, where it will connect to that part of Boynton Lakes Boulevard which was platted as a part of Plat 2. Mr. Annunziato read the staff cOmments from the Building, Fire, Engineering, and Utility Departments. With reference to the comment from the Fire Department, Mr. Annunziato - 36- FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -- FIRST NAME -- MIDDLE NAME Pagliarulo John A. MAILING ADDRESS 3546 S. Lake Dr. ~TY Boynton Beach Fla. NAME OF AGENCY Plannir~ & Zonin~ ZIP COUNTY 33435 Palm Beach AGENCY is unit of: [] STATE []COUNTY [] MUNICIPALITY []OTHER iDATE ON WHICH VOTE OCCURRED 9-11-84 . NAME OF PERSON RECORDING MINUTES TITLE OF PERSON RECORDING MINUTES SPECIFY City of Bo.vnton Beach MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 (1979) ] If'you have-voted in your official capacity upon anymeasure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. Description of the matter upon which you voted in your official capacity: Did not vote pre-application for plattiog i, iiner Ridge Estates. 2. Description of the personal, private, or professional interest you have in the above matter whicl~ inures to your special private gain or the special private gain of any principal by whom you are retained: 1/8 General partner in Paggey Investors, A Florida General Partnership 3. Person or principal to whom the special gain described above will inure: a.[~] Yourself b.['] Principal by whom you are retained:. (NAME) DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days folloWing the meeting during which the voting conflict occurred with the person i'esponsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes This form need not be 'led merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict ~.~. .terest arises; if you vote, however, the conflict must be disclosed pumuant to the requiremen~ described above. ~qOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § 112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES o~ROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSFENSION FROM OFFICE R EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 -REV. 12-79