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Minutes 08-14-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 14, 1984 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Norman Gregory Ronald Linkous Caesar Mauti John Pagliarulo William Schultz, Alternate ABSENT Ezell Hester (Excused) Robert Wandelt, Alternate (Excused) Carmen S. Annunziato, Planning Director Timothy p. Cannon, Senior City Planner Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the Members of the Board, Planning Director, Senior City Planner, and the Recording Secretary. He acknow- ledged the presence of Mayor Carl Zimmerman; Vice Mayor Robert Ferrell; Councilman James R. Warnke; Peter L. Cheney, City Manager; and Owen A. Anderson, Executive Vice President, Boynton Beach Chamber of Commerce. MINUTES OF JULY 10, 1984 Mr. Linkous moved, seconded by Mr. Pagliarulo, to approve the minutes as presented. Motion carried 5-0, with Mr. Mauti and Mr. Gregory abstaining from voting as they were not present at the meeting of July 10. ANNOUNCEMENTS Chairman Ryder acknowledged the fine work and input by the staff of the Planning Department and by Mr. Cannon. COMMUNICATIONS None. OLD BUSINESS PUBLIC HEARINGS Moratorium Variance/Site Plan PROJECT NAME: AGENT: OWNER: LOCATION: Sterling Plaza Philip Radlauer Philip Radlauer West side of Federal Highway, 150 feet north - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 DESCRIPTION: of S. E. 5th Avenue RequeSt for variance to Ordinance No. 83-40 which places a moratorium on new construction or building renovation in the Community Redevelopment Area, as well as requesting approval to construct a 14,950 square foot strip commercial center on U. S. 1 with park- ing and landscaping improvements Chairman Ryder reminded the Members this came before them last month. He stated that normally, the Community Redevelop- ment Agency conducts a hearing first and forwards their recommendations to the Board. In this instance, it was not possible for the CRA to conduct a hearing, and at this Board's meeting, it was suggested that the matter be continued until such time as the CRA conducted a hearing. The CRA conducted a hearing on July 12, two days after this Board met, and voted unanimously to deny the variance. Chairman Ryder read from a letter addressed to Carmen Annunziato, Planning Director, dated AugUst 2, 1984, from Philip Radlauer, 3300 South Ocean Boulevard, Palm Beach, Florida 33480: "Indications from the Planning and Zoning Board at the July 10, 1984 meeting and the subsequent Redevelopment Agency hearing decision of July 12, 1984 have made it impossible to obtain the necessary permits within the time limit set in the contract to purchase the property from the Weaver family." Parking Lot Variance PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Plaza Herbert C. Gibson Nicholas Athans 111 North Congress Avenue Relief from Section 5-141(a)~- Lighting, 5-141(g)(1) Driveway (widths), 5-141(g)(5) (b) and (5)(c) Driveway (safe distance), 5-141(g)(8) Driveway, (2) (number per street), 5-141(k) Parking lot striping, and 5-141(m) Firelanes Chairman Ryder wanted to bring the Members up-to-date as this was a continuation of what they had at the last meeting. He stated that it involves a request from the applicant for a number of variances from the current parking ordinance. This is being done in advance of consideration of a site plan for adding a two story building in the existing shopping center on Congress Avenue, known as Boynton Plaza. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 At that time, the Planning Director reported that the Technical Review Board (TRB) had recommended approval of some of the variances requested and denial of others. At that meeting also, concern was expressed regarding the impact of the proposed location of the building upon the existing traffic movements within the shopping center. Chairman Ryder said that location represents a vacant corner pro- viding an unobstructed view of the transverse road along the shops as one enters the Plaza by way of the southerly entrance road from Congress Avenue. Interest was expressed also regarding the nature of the pro- posed building. It was finally decided to defer any action pending submission of the site plan. Mr. Annunziato acknowledged that Chairman Ryder related for the Board the basis for the continuation of the Public Hear- ing and said the applicant continued the preparation of the site plan and assessed the impact of reducing the size of the parking stalls from 10 feet to 9 feet as was suggested in Mr. Annunziato's memorandum of August 8, addressed to the Planning and Zoning Board. Mr. Annunziato said the TRB now offered the following recommendations: They continue to recommend tha= the vari- ances for lighting and driveway widths to the rear of the project be approved. With respect to the safe backing distance which was requested for variance, Mr. Annunziato told the Members to note that with the restriping,~ the appli- cant was able to pick out the required 18 feet at the entrance to the access aisles, therefor removing from con- sideration the need for that variance. Mr. Cannon pointed to the locations on the overlay as Mr. Annunziato made his presentation. Further, Mr. Annunziato continued t!hat the applicant has agreed to double stripe the parking lot, removing from the request the need for that varianlce. Mr. Annunziato pointed out this leaves two issues to discuss: (1) The number of driveways on Congress Avenue. (2) The need for a fire lane adjacent to the front of the buildings. With reference to ~1, Mr. Annunziato referred to page 2 of his memo and said the applicant has submitted to the City Attorney documentation which seems to indicate that there are easements dedicated to California Federal which mandate the driveway, which is the northernmost driveway on the west side of Congress, at the Boynton Plaza, must remain open for access purposes. City Attorney Vance looked at the lease arrangements and concluded that, in fact, is the case. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Mr. Annunziato said the two remaining driveways (the major driveway which centers on the property, and the driveway at the northern perimeter of the property which serves as an access to the rear and to the front of the property) led them to the conclusion it would be impractical to require that the third driveway be closed on Congress Avenue. How- ever, they were left with the distinct impression that the safety at the northernmos~ driveway on Congress needed to be improved, that is, the driveway needed to be reconstructed to provide for the safe stacking of cars for traffic turning in and traffic exiting. Mr. Annunziato said the Technical Review Board recommended that the applicant submit copies of the Lease Agreement, which he has, for public review and that the applicant re- construct the entrance way to accommodate additional stack- ing, using Section 5-141(g)(6) which provides for 100 feet of unobstructed stacking as a guide. Concerning fire lanes, because the applicant was able to gain the parking necessary to still meet the City's Codes, the TRB recommended and continues to recommend that the fire lane be provided adjacent to the front of the building. Mr. Annunziato added that the applicant has submitted one or more Lease Agreements to City Attorney Vance, which seem to indicate that those parking spaces would have to be agreed to as being removed by the Lessees. Herbert C. Gibson, Esq., of the law firm of Gibson & Gibson P.A., Florida National Bank Building, 303 First Street, West Palm Beach, Florida 33402, Attorney for the Applicant, said as indicated, they met again with the staff and the Chairman of the Planning and Zoning Board and made every effort they could to comply with-the existing Ordinances. .- ~_ Attorney Gibson said the two areas that remain are the two areas they Seek a variance for because they believe it would constitute a hardship on the existing center in order to comply with the Codes that now exist. For the benefit of the public, Attorney Gibson said the original shopping design was laid out and approved by the City with a footprint of the building to be constructed there. The shopping center was then leased under those conditions. Attorney Gibson showed on the overlay the parking spaces that staff recommended be removed to provide a fire lane. Existing lease agreements with tenants were entered into with tenants with those parking spaces there. Certain of the major leases actually contain verbal requirements that - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 those spaces be there and that they be maintained there. Mr. Annunziato accurately stated the position as Attorney Gibson had discussed it with the City Attorney. Other leases there are for other stores whose customers use those spaces, and those tenants would not be happy with the landlord if he were to change those spaces. Attorney Gibson said it would create a hardship on those tenants as well as on the landlord. In coming before the Board, Attorney Gibson said it is their position: (1) that it would be a hardship on both the landlord and on the tenants to move those spaces; (2) there are legal requirements, particularly with reference to the Publix Super Market lease, that they have those spaces there; and they would be violating an existing lease if they were to change it. Also, the tenant expressed to Attorney Gibson that he would not agree to that change in the site plan, and the tenant has the right to disagree under the terms of his lease. As Mr. Annunziato correctly stated to the Board with regard to the access question with the northernmost access point off of Congress Avenue, Attorney Gibson said there is a 65 foot easement that went with a 99 year lease to the Federal Savings and Loan that occupies that corner. They are not in the position to agree to the vacating of that easement and right of access and have indicated they will not agree with it. Therefore, Attorney Gibson stated the applicant is not in the position to close it and cannot close it. He tried to explain that the last time he was before the Board and reiterated it cannot be closed. If the variances are allowed, Attorney Gibson said they will go ahead with the site plan. They have agreed, in all other respects, to bring the center site up to Code, which is a substantial expenditure of funds on the part of the owner. Attorney Gibson told Chairman Ryder he was referring to the conditions they can change other than the two which are now the subject of these two variances that are contested. His client evidenced a willingness to go ahead and meet all of those requirements and bring the Center up to Code with those two exceptions. Chairman Ryder recalled that Mr. Annunziato made reference to the present northerly entrance posing a problem because there is a matter of indecision as one enters that. There is not enough depth. He asked Attorney Gibson what his feel- ing was on that. Attorney Gibson replied they would work with Mr. Annunziato on that and would try to create the depth there. They have to submit the revised site plan to MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 United Federal because that is on their easement. Their ability to deal with that will be subject to United Federal's approval. Attorney Gibson stated they are willing to create more Stacking in there. He did not disagree with Mr. Annunziato that it would be beneficial if they can do it. Attorney Gibson added that their hands are somewhat tied on the subject, but he was willing to work with the City on that. Chairman Ryder thought Attorney Gibson should understand the basis for the TRB's recommendation that it be closed basically stems from the fact when a car enters that, in many instances they do not know just where they are going to go so you have backup on Congress Avenue. At that point, the City has all kinds of weaving actions. Attorney Gibson was willing to try to provide more stacking there. Under the terms of Publix's lease, Attorney Gibson said they are requird to have a minimum number of spaces. There is also a requirement with regard to Eckerd's lease. These requirements are in excess of the minimum number of spaces required by the Code. With the redesigned area, Attorney Gibson said they have picked up spaces and increased the parking, as Mr. Annunziato. indicated, by restriping the lot. The problem Attorney Gibson wished to bring to the Board's attention was if they were. to lose those spaces that face immediately on the built up center on both sides, they would be below the required number of spaces in their Publix lease. Attorney Gibson presented a copy of the lease to the Record- ing Secretary and requested that it be shown as Petitioner's Exhibit 1" because he thought it was illustrative of their problem of having to deal with their existing leases and existing agreements as they would relate to the City's request for changes. ("Petitioner's Exhibit 1" is on file in the City Clerk's office.) From what Attorney Gibson told the Board, it was apparent to Chairman Ryder that they did not have anything by means of a way of an access. Attorney Gibson clarified this was in the parking space problem. There is more than one lease involved, and Attorney Gibson was now addressing only the Publix lease as to the number of spaces. The access problem related to the United Federal (now California Federal) lease. The parking space problems, where the City would like to remove those spaces and create a fire lane, would result in the loss of 33 spaces, and Attorney Gibson stated that would put them in a position, even with the increased number of spaces, of dropping below - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 the number of spaces they promised to maintain for the bene- fit of the key tenant. For purposes of the record and to show hardship, Attorney Gibson introduced the lease dated the 28th day of November, 1975 between Nicholas D. Athans and Publix Super Markets. This lease was earlier referred to as being reviewed by the City Attorney, Jim Vance, who reviewed it with Attorney Gibson. Attorney Gibson read from Section 21, page 11, of the lease: "The Landlord agrees to construct, maintain and adequately light a parking area adjacent to said premises for not less than 625 cars, with spaces of not less than ten feet in width for each car." Mr. Gibson said they reduced the spaces down because the City requested them to do it. Publix will agree to that but has insisted that they main- tain the minimum number of spaces that are in the lease. Attorney Gibson said the other portion of the lease that is very material is the last half of the last sentence in that paragraph (Section 21) which states:" .no change in the parking area shall be made without Tenant's consent." Attorney Gibson highlighted that because that was the por- tion of the paragraph that the City Attorney reviewed with Attorney Gibson and agreed with him on. There was a reproduction of the site plan that was attached to the lease, which was the best reproduction Attorney Gibson could make. He introduced the lease with the attached schedule, which was Schedule A that showed the parking spaces on it and made that Exhibit ~1 (as stated above). In summary, Attorney Gibson said they will try to do every- thing they can and will continue to work with the City on the stacking issue and will solve that problem. He was sure they could solve the problem. If the Board wanted to make that a condition, Attorney Gibson could understand the condition. He wanted the Board to understand their position, which is where they have existing agreements with people, they cannot at will randomly break those agreements. Where they do have to make the changes, Attorney Gibson said they will have to take the final mandated site plan back to them and have the tenants finally agree with that. Chairman Ryder asked who Attorney Gibson was referring to when he talked about tenants. Attorney Gibson was referring to the tenants with the leases that have the ability to approve or disapprove the changes that they will have to make. Chairman Ryder thought Attorney Gibson was referring primarily to the California Bank. Attorney Gibson confirmed that was primarily the case. Publix also has a right to - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 review this, and Attorney Gibson thought that most of the tenants would be reasonable as long as the applicant is reasonable with them, but they have to provide the tenants with adequate parking and adequate ingress and egress Attorney Gibson continued that the Landlord's position, as owner of the property, is he wants to keep his tenants happy and wants to provide them that parking access. Mr. Linkous questioned whether Mr. Athans had discussed with the tenants the possibility of self preservation should the building catch on fire, which is the intent of the fire lane. Attorney Gibson had no knowledge. Mr. Linkous wondered if it would be possible for the tenants to-acquiesce to that. Attorney Gibson thought it was more difficult for the tenants to react to that situation than it is to the every- day necessity of making their customers happy. He felt that was a much more present reality to the tenants than the possibility of the use of those as a fire lane and that their concerns were more directed towards the everyday practicality of making a living. Attorney Gibson added that he thought his concerns would be that too. Mr. Mauti asked how Attorney Gibson would cope with having a hazardous condition in case of a fire. Attorney Gibson was not sure that they really had a hazardous condition. Mr. Mauti pointed out that it may be a hazardous condition to the customers of the stores. Attorney Gibson stated you have to take that as an assumption that it would be hazardous at a given time. When the center was constructed before, the City passed on that point under their then existing Codes and said it was appropriate, not hazardous. Under the City Codes at the time that site plan was approved, Attorney Gibson said it was deemed to be well within the requirements that the City imposed. Subsequent to the building of that center and the leasing of it, Attorney Gibson said the City had certain changes in its Code, and that happens to be one of them. He thought they were talking in terms of degree rather than absolutes. To come up with the absolute notion that there is an apparent hazard there, Attorney Gibson thought was taking a pretty big jump. Attorney Gibson advised that the center is, has been, and continues to be well laid out. There has been a change in the Code and an increase in requirements, and they cannot meet it. Mr. Gregory noted the last paragraph states that as a result of the restriping, it was suggested by the TRB that the applicant was able to gain 26 parking spaces. He asked Mr. Annunziato what mechanics were used to allow for the increase - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 in the parking spaces. Mr. Gregory wondered if they took into consideration the fact that there are more compact cars. Mr. Annunziato replied that our Code changed approxi- mately two years ago to allow nine foot parking spaces. The way the parking lot was laid out, it had ten foot parking spaces so by restriping the lot, for every ninety feet, instead of getting nine parking spaces, you could get ten. Mr. Annunziato explained that was where the additional park- ing came from and denotes the down sizing of the American fleet of cars. Mr. Mauti asked how many parking spaces they have to alleviate for that fire lane. Attorney Gibson replied, "32." He added they are going to lose some spaces in the area where they have to stack those cars, so they will have a net loss of approxi- mately 42 spaces if they comply with Mr. Annunziato's con- ditions generated by his requirements. Attorney Gibson said they picked up certain spaces by the restriping so they are offsetting to some extent one against the other, but there is going to be a net loss, mostly down in the northend. Attorney Gibson added one of the staff conditions on this application is the dedication of a right-of-way is required along the north edge of the premises. He stated the ulti- mate effect of that, if they ever elect to use that right- of-way, would be the reduction of some few spaces there. Attorney Gibson was not in a position to accurately estimate it but guessed it to be 10. Mr. Schultz asked if he heard Attorney Gibson correctly say if he did this, he would be in fault on the number of park- ing spaces, and the loss of 16 would be in objection to the City Code. Attorney Gibson thought he still would be with- in the Code but he would not be in a position to provide the total number of spaces required. Chairman Ryder thought the concern was if they are in the area where there may be a deficiency, that is a parcel that, hopefully, could serve that purpose after they get to the site plan. He thought that was the reason concern was being expressed with regard to any need for possible additional parking in the future. Attorney Gibson assured the Board that they will meet the Code's requirements, even after the reduction, but the private contractual requirements would not be right. When Attorney Gibson read the lease with Publix, Mr. Mauti recalled Attorney Gibson said in the lease they had stipu- lated 625 parking spaces were required. He asked if that was for the total shopping center. Attorney Gibson replied - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 affirmatively. Mr. Mauti asked how many they have at the present time. At the present time, if they had every space shown on that site plan and would not delete spaces for the fire lane, Attorney Gibson informed him they would have 640 spaces. Mr. Mauti ascertained they were just 15 above and asked about the restriping. With the restriping and some loss of spaces by the rerouting that has been suggested by the City Department, Attorney Gibson said changes Mr. Annunziato suggested took some spaces out. He did not think either Mr. Annunziato or he could tell exactly how many spaces, but they would gain most of the spaces back if the plan on the board is followed. When Mr. Mauti first listened, he heard there were 42 spaces they were not going to lose and they picked up 26 by restrip- ing, which gave them a minus 16. If they are 15 over, deleting that, it would almost bring them in line with the parking spaces' requirement. Attorney Gibson was not sure Mr. Mauti was working with the figures exactly as they had to when they put this together. He thought the starting point should be what is on the site plan, which is 640. Of that 640 spaces, they count in 16 spaces on one side which will front up against the building, and Attorney Gibson believed there were 17 on the other side. Attorney Gibson introduced the Architect who designed the plan, Richard Wensing, 2405 Mercer Avenue, West Palm Beach. When they started the process, Mr. Wensing said they had 658 spaces. They reduced some of those spaces by providing larger green areas or backup areas. Under the first plan, they asked for a variance because they only had 13 foot backups, so they lost some there. They went back and re- striped and increased those, so they do not have a variance request at that point, and they ended up with 640. They had enough to begin with and lost some in the landscape area but got some of them back in the process of restriping. If this is approved, Mr. Wensing informed Mr. Linkous they would now have 640. They would have 658 if they would leave Boynton Plaza the way it is now. Mr. Mauti inquired how many spaces are required for that area. Me. Wensing replied, "570." 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 proposal. Mr. William Baker, Gateway Title and Abstract Company Inc., 111 North Congress Avenue, Boynton Beach, came forward. Chairman Ryder determined the company would be about directly opposite the proposed building. Mr. Baker had not heard - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 anything mentioned as yet about the site plan of the build- ing itself. Chairman Ryder informed him that may come later. Mr. Baker suggested he may be premature with his comments. So far, they kept referring to the number of parking spaces but he did not hear anything about the number of parking spaces to be needed in the area of the site where the pro- posed building is. Where they are proposing the building of a new office building, Mr. Baker had not heard anything that told him they are going to create additional parking spaces to accommodate that new construction. Attorney Gibson informed Mr. Baker the area that is being improved is a sand lot at the moment. The number of spaces to service the whole center with the new improvements included exceeds Code on that by about 70 spaces, including the use of the improvements that are to be constructed. When the building is constructed, it will be a two story office building, and the people using that building will be using the parking spaces as shown in that particular site plan. Attorney Gibson added they are far in excess of the Code's requirements for that particular use. Mr. Baker stated he was putting himself on record as being against the construction of this new building because there is not a parking space anywhere reasonably close to that new building. He said he has an awful problem today with parking and does not need more. Don Zyto, Vice President and Senior Banking Officer, Barnett Bank (the parcel of property directly opposite the title company) told Chairman Ryder they are at the corner. He asked if the 640 parking spaces were in front or if they also included parking spaces in back of the shopping center. Attorney Gibson confirmed they would include the back. Granted there are a number of parking spaces in the back or western side of the shopping center, but Mr. Zyto pointed out that nobody parks there. He did not know the length of the shopping center but it is mostly used for the unloading of semis and trucks. Mr. Zyto talked to a couple of people from the center that will be affected. Most of them have been parking their personal vehicles in back and have been hit within the last year by trucks loading or picking up. Mr. Zyto asked the length of the building. Mr. Annunziato guessed it was about 600 feet. Mr. Zyto stated the depth of the building is 100 feet. In order to park in back from the nearest parking space, it would mean a walk of approxi- mately 150 feet. Mr. Zyto admitted there are plenty of park- - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 ing spaces but said one of the reasons for the congestion that is there now is because the parking spaces are ill placed, and no one parks there. Mr. Zyto thought if they knew how many spaces were in back of the center and counted those in opposition to how many parking spaces are going to get cars there, they would see a discrepancy on the number of parking spaces that are actually available, using common, logical sense. Whether Barnett Bank's lease contained that clause or not, Mr. Linkous did not know, but he asked Mr. Zyto if anyone discussed with him about deleting the parking spaces designated as a fire lane. Mr. Zyto did not hear about it until Monday (August 13). He had no prior notification about it or anything. On the west side of the bank, Mr. Zyto said they have approxi- mately seven parking spaces. Most of their clients are mature, retired individuals. When they back up, most generally the tail of the car goes over into the grassy part. The illustration on the map indicated there will be two story building built right at the back of the property. He told of a lady backing into a Police car. Attorney Gibson advised that Barnett Bank is not a tenant but owns that parcel. He referred to Mr. Linkous wondering if there was a clause in the lease and told him there is no lease, because Barnett Bank owns the parcel fee simple and it is an out parcel. Mr. Wensing called attention to the backup area where Mr. Zyto was talking about backing into the building and said that is the cross easement and not the property. Attorney Gibson also thought they should understand there are 28 feet between where the building is being built and the area Mr. Zyto is worried about cars backing into. There is a substantial portion of that, and it looks reduced because of the scale on that particular drawing. Chairman Ryder informed everyone the site plan is on the agenda and said the Board hoped to get to it. That will depend on what happens with this. Besides the parking, if Mr. Zyto had other objections he wanted to cite, Chairman Ryder said he would have the opportunity to do that. David S. Pressly, Esq., of the law firm of Moyle, Jones & Flanigan, P. A., 707 North Flagler Drive, West Palm Beach, Florida, personally received notice of this this afternoon - 12- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 (August 14). He was not sure who in the bank received prior notice. The people in the bank who needed to receive notice evidently did not get it until too late so Attorney Pressly said they were a little bit unprepared. Attorney Pressly stated they know the bank will be affected and have to get with their Traffic Engineer to see how they are affected. He knew they would be concerned with the traffic around the bank and will be concerned with persons in the Plaza using the banking parking spaces because they will now become more convenient due to the shift. Without seeing the site plan and getting with their Traffic Engineer, Attorney Pressly was not exactly sure but said they would meet with the applicant in the next couple of weeks. Attorney Pressly emphasized that they are concerned. Ron Reeves, owner of Reeves Hardware Store, 117 North Congress Avenue, in the plaza, said a couple of things were not brought up: Publix and Eckerd's employees are not allowed to park in the back by the authority of their bosses. Out of all the spaces in the back, there are possibly a total of 100 spaces. On the southend of the Plaza, there are only about nine parking spaces up against the building which could be utilized provided there are no deliveries. Due tlo dumpsters, Mr. Reeves said you can figure three spaceis taken away when the truck is there. His car has been damagied due to trash removal, and his brother's van was damaged by a delivery truck. They have had several thefts of radios and tires from vehicles. If you park in the back, Mr. Reeves said those are things that are there. Also, the warehousing behind there takes away more parking that is there and people have access to. On the northend of the shopping center in the back, Mr. Reeves said there are 20 spaces. Most of those 20 spaces are unuseable because of where the dumpsters are located, but they could not take the dumpsters away from where they are without the tenants having to walk a distance to throw their trash out. With the boxes they throw out, it would be a far walk. As far as being advised on the fire lane, Mr. Reeves said they were not advised. Everything they found out, even with reference to the meeting tonight, was through a customer coming in and saying maybe they better check on it. He didn't know if it was from the Landlord's office, but Mr. Reeves said they were even given tickets for a ball game so they would not come here tonight. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Chairman Ryder said the Board was confronted with specific problems, particularly with the recommendations of the TRB and whether they are being satisfied. Parking no doubt will be a factor if and when they get to the site plan. From what they heard, it seemed to indicate to Chairman Ryder that they should go to the site plan. Chairman Ryder asked Mr. Annunziato if he saw any point of going into the parking at this time. Mr. Annunziato wanted to make two points: One concerned the nature of the public hearing notice. No property owners receive notices of public hearings for parking lot variances. Mr. Annunziato said the City has a public notice in the news- paper. The applicant apparently attempted to advise the leaseholders. Attorney Gibson said they talked to certain of them. Mr. Annunziato stated it was not a deficiency on the part of the applicant in sending out notices. It was just not required by the Code. Mr. Annunziato continued that there are four variances the Planning and Zoning Board is requested to act on: (1) Lighting. (2) The unrestricted width of the parking and what amounts to an alley or an undersized street to the rear of the property. (3) The number of driveways on Congress. (4) The fire lanes. Mr. Annunziato said those are the four items the Board needs to address. Mr. Annunziato advised the issue of parking with respect to a new building was one that should come up and be discussed as they look at the site plan. Chairman Ryder said they heard the TRB's recommendations. In the two instances where they recommend elimination of the northerly Congress Avenue entrance and recommend the fire lane, apparently legal restrictions the Board has been advised of remove any consideration from the Board with regard to having the applicant comply. In both instances, Chairman Ryder said the two issues of the entrance and the fire lane were very important from the standpoint that possibly if they could not be resolved properly, the appli- cant no doubt would have withdrawn his application. Chairman Ryder observed they received significant opposition to this proposal but he felt, regardless of the merits of the opposition at this time, that they are left with no other requirements that they can extract from the applicant. He was talking specifically about the parking variances. In the event the Board elects to approve the request, Chairman Ryder said it would make possible the consideration of the site plan tonight. If the Board did not approve it, then they would not go to the site plan. - 14- MINUTES - PLANNING AND ZONING BOARD BOYNTON ~BEACH, FLORIDA AUGUST 14, 1984 If they go to the site plan, following that consideration and their recommendations, the site plan will then go before the Council, and they will have the final action and resolu- tion. If a motion is made to approve the variances, Chair- man Ryder said a proviso, as mentioned before, should be included to the effect that changes should be made which would be satisfactory to the City regarding the northerly Congress Avenue entrance so that greater depth could be pro- vided to minimize any possibility of backup onto Congress Avenue. The parking spaces still confused Mr. Mauti. He asked if they have 640 parking spaces at the present time. Attorney Gibson replied they want to change it to the plan that has 640. Mr. Annunziato answered that the parking on site today is 658. The 640 figure is on the site plan. Mr. Mauti noted the requirements are for 570, so they have 70 spaces over the requirements. Therefore, if they remove the 32 spaces in the fire lane, Mr. Mauti determined they still were not in violation of the Parking Ordinance. Mr. Annunziato confirmed that was correct. If there is a fire lane and parking spaces are deleted, Mr. Linkous thought there would be a shortage. Members said, "No." Mr. Schultz referred to the Publix lease requiring 625 spaces. If 32 parking spaces are removed as a result of the fire lane construction, Mr. Annunziato said the parking on site will drop to 608 parking spaces, leaving a net deficiency for the Publix lease, as presented by Attorney Gibson, of 17 spaces. That is not a Code requirement. Mr. Mauti said the Board does not go by a lease on their judgments, they go by Code requirements. Attorney Gibson told the Members they would lose more space fOr the stacking space. He estimated probably 10, depending on the alterations that are required to go back 100 feet. Mr. Linkous added that was a result of the northern entrance. Attorney Gibson said the 608 figure would drop to somewhere in the neighborhood of 595 spaces. He agreed with Mr. Mauti that they are still well within the Code but the hardship they were expressing, which was the legal base for the variance, ~-them in non-compliance with~the con- tract and creates tenant problems for them. Attorney Gibson said it also creates a question of practicality for the people operating the stores because they and their customers use the spaces and like them. Mr. Mauti commented that incorporating the parking was fine but they also have parking listed in the rear of the - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 building which is not being used due to the loading and un- loading of trucks. Attorney Gibson did not think that was true, as he thought they were being used. He thought there were times when trucks are in there, but there is separate space for the purpose of the trucks backing in. Attorney Gibson clarified trucks may cross those spaces going in and out, may temporarily park there, and maybe a long truck will take up 10 spaces if it pulls in there and stops for a period of time, but he did not think that was a permanent condition. Mr. Pagliarulo questioned whether there was any other area on the site where they could add additional parking. Attorney Gibson informed him that he was looking at the whole site. Mr. Pagliarulo asked about the area they want to improve and add a building to. He wondered if that was part of the same site. Attorney Gibson replied that it is part of the whole site but he could not understand why they were dwelling on parking lot numbers when the applicant meets the Code requirements. Chairman Ryder suggested they move on to the site plan because people are very much interested. By going into the site plan, the Council will eventually be brought in. Chair- man Ryder suggested a motion be made. Mr. Mauti had a question pertaining to the fire lane which, as he gathered, was a violation of the Code. Chairman Ryder remarked they are giving relief in other areas. Mr. Linkous asked what right the Board has. Chairman Ryder asked Mr. Annunziato if that was considered different from some of the other variances they are granting. In the terms of the Code, Mr. Annunziato said no one section has more standing than the other section. It is a health safety restriction which they are imposing on new construction. If Mr. Mauti made the motion, he said he would make it sub- ject to staff comments. Chairman Ryder questioned what that meant. Mr. Mauti replied, "Every staff comment that has to be abided by." Chairman Ryder asked if he meant all of the requirements. Mr. Mauti answered, "That is correct. All of the requirements." Attorney Gibson expressed they were willing to live by those requirements. Mr. Annunziato wanted everyone to understand that staff is recommending that the fire lane variance be denied. That was Mr. Mauti's understanding. To go with the staff require- ments was Mr. Mauti's motion. Chairman Ryder pointed out that they were told there were legal restrictions, and he again questioned Mr. Mauti about - 16- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 his motion. Mr. Mauti replied, ~'As they are here in the staff comments," and read the second staff comment from page 2 of Mr. Annunziato's memo, "The TRB continues to recommend that the re- quest to not construct a fire lane be denied." Vice Chairman Winter expressed it was Door wording. It was decided among the Members it meant they were to deny the variance. Mr. Gregory felt clarity was needed. Chairman Ryder reiterated that it was brought to the Board's attention that legally, this was not possible, because of the leases. Mr. Mauti withdrew his motion. Chairman Ryder clari- fied that if the Members felt the Board had a sound basis for insisting on the requirements the TRB started out with and if it goes that way, that would be the end of this matter. There would be no site plan review~ If the Board finds that they can go with the change in the northerly entrance and can go without the fire lanes, then Chairman Ryder said they would go on to the site plan and subsequently the matter would go to the Council for final resolutions. Mrl Gregory requested that Mr. Annunziato construct a motion for the Board as to what they were exactly voting on. .Mr. Annunziato clarified the staff's position by saying the applicant requested variances to six sections of the parking lot regulations. The first one concerns lighting. At the last meeting, the TRB recommended that variance be approved. The 2nd one concerned the widths of driveways on the 30 foot platted road to the rear of the property. At the last meeting, the TRB recommended that variance be approved. The 3rd concerns the backup distance for angle parking at the access aisles. The TRB recommended that variance be denied because the applicant had not taken advantage of the 9 foot park- ing stall dimensions. By restriping the parking lot, the applicant was able to pick up enough parking to satisfy that requirement, so #3 on~.Mr. Annunziato's list was deleted. #4. Driveways (Numbers per street). Mr. Annunziato said this has to do with the three driveways on Congress Avenue. At this meeting, Mr. Annunziato said they recommended that the appli- cant be permitted to continue to have three driveways but that he reconstruct the northernmost driveway in a manner similar to that which is provided, which would require a 100 foot stacking dimension. If the applicant can get close to meeting those requirements, Mr. Annunziato said the TRB recommended approval. 5. Parking Lot Striping. Our Code requires double striping. At the last meeting, the applicant requested a variance. He agreed to double stripe the parking lot, so Mr. Annunziato advised this was deleted. - 17 - % MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 6. Fire Lanes. has been about. Mr. Annunziato noted this is what the discussion Mr. Annunziato advised the Members they are acting on four items: (1) Lighting; (2) Width of Driveways to the rear; (3) Driveways on ConGress at the northern extremity of the property; (4) Fire Lanes. If item 6 (Fire Lanes) is deleted, Mr. Gregory asked if that would have the effect of "killing the project." If item 6 is denied, Mr. Annunziato asked what the apPlicant's position would be. Attorney Gibson replied they are asking for the variances so they can go forward to the site plan. They can go forward with the site plan, regardless of what the Board does. Mr. Annunziato told the Members the plan they saw before them, which was the plan that is being presented for site plan approval, provides for the parking adjacent to the front of the buildings. It was his recommendation that if item 6 was denied, the applicant will have to redefine his plan to meet that requirement, if he continues to go forward. That was Mr. Annunziato's recommendation, and he told the Members it would be a tabling action on the site plan. The applicant would have to come back with a plan which meets the various parking lot requirements he can meet. If they table the site plan, Chairman Ryder asked what W~utd happen with this. Mr. Annunziato explained that if the fire lane variance is denied by the Board, when the site plan comes up, he would recommend that the Board table the site plan and let the applicant address changing the parking in front of the building. Mr. Mauti moved to deny the four basic points the applicant was given relief on. There were protests from the Board Members, and the motion died for lack of a second. Mr. Mauti agreed with Mr. Annunziato that he is accepting the TRB's recommendations. Vice Chairman Winter moved that parking lot variances (1) and (2) be approved, (4) ben,approved with modifications, and that (6) of the variances requested by Boynton Plaza be denied. Mr. Mauti seconded the motion, and the motion carried 7-0. Attorney Gibson noted that would put them in the position of revising their site plan if they wish to go forward, which was an issue he could not address at this time. He asked that the Board allow them to go back and review their site plan and come back at a later time. Mr. Annunziato advised the Board should amend its agenda. Mr. Mauti moved to amend the Agenda and take item B, 2, (BOYNTON PLAZA) next. Mr. Schultz seconded the motion, and the motion carried 7-0. - 18- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 6. NEW BUSINESS B. MODIFIED SITE PLAN PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Plaza Herbert C. Gibson, Esq. Nicholas Athans 111N. Congress Avenue Request to construct a two story office building of approximately 12,000 sq. ft. plus parking lot renovations Mr. Mauti made a motion to table, seconded by Mr. Schultz. Motion carried 7~0. A. PUBLIC HEARING Site Plan ~oratorium Variance PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Mark's Rectory Richard SanGiovanni Edward A. McCarthy 615 N. E. 4th Avenue Request for a variance to Ordinance No. 83-40 which places a moratorium on construction or building renovation in the Community Redevelopment Area, as well as the addition of a covered porch to a previously approved rectory Chairman Ryder had a letter from the Community Redevelopment Agency stating they approved the request. He also had a Memorandum from City ~anager Cheney dated August 10, 1984 recommending that the variance be granted, in concurrence with the TRB. Mr. Daniel O'Connell, General Contractor, 112 South Federal High- way, Boynton Beach informed the Members it is a 670 foot addition. The porch will be facing the west elevation. They are not changing the elevation that is on the existing drawings. It will be a covered porch area. Mr. Annunziato informed Mr. Mauti there were no staff comments. Chairman Ryder determined there was no one else who wished to appear in favor of the variance, and no one wished to speak against it. THE PUBLIC HEARING WAS CLOSED. Mr. Mauti moved to approve the .site plan moratorium.variance, seconded by ~r. Pagliarulo. Motion carried 7-0. PROJECT NAME: AGENT: O~ER: Town Tavern (Pete's Attic) George Davis Town Tavern, Inc. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 LOCATION: DESCRIPTION: 512 N. Federal Highway Request for a variance to Ordinance No. 83-40 which places a moratorium on new constmuction or building renovation in the Commu~ity~ Redevelopment Area, in order to alter the facade of the existing restaurant and provide landscaping in park- ing l~t Mr. Annunziato said this is a request to modify the site of what is known as the Town Tavern plus two ancillary buildings (Lou's Subs and an office building to the north). He believed the issue here related to thq number of parking spaces and said the applicant had provided p~rking for the two ancillary build- ings on site. However, due ~o the fact the applicant has a grandfathered in occupational license for a 200 seat restaurant and lounge, the applicant has provided on site insufficient park- ing spaces for the restaurant. The requirement for the restaurant would be 80. Theoretically, there would be 22 which would be available. Mr. Annunziato explained this is a situation which currently exists and it is a grandfathered one. Mr. Annunziato said this was pointed out for the Board's edifi- cation and the Community Redevelopment Agency to show the need for additional' parking in certain parts of the downtown area to serve some of the grandfathe~ed businesses. The Technical Review Board recommended to the City Manager that the variance be approved subject to staff comments. City Manager Cheney also recommended approval but pointed out the deficiency in parking which is grandfathered in. Mr. Robert Pagliaone, Manage~ of the Town Tavern and Agent for the Owner, said they are trying to upgrade the property and turn a lounge into a nice restaurant. He told Mr. Mauti he was familiar with the staff comments. Mr. Annunziato advised there.were comments from the Building Department, Engineering Department, Police Department, Planning Department, Energy Coordinatqr, and the Public Works Department. The Public Works Department ~ecommended they be contacted prior to the pouring of the dumpst~r pad. Chairman Ryder determined no one else wished to speak in favor of the variance and no one w~shed to speak in opposition. THE PUBLIC HEARING WAS CLOSED. Mr. Mauti moved to approve t~e site plan moratorium variance subject to all staff comment~, seconded by Mr. Gregory. Motion carried 7-0. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 B. MODIFIED SITE PLANS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Mall - Burdines Mike Greer/Charles O'Brien Burdines 801 N. Congress Avenue Request to construct a 25 foot high sky- light with a maximum height of 60 feet above grade Chairman Ryder said this would constitute a height exception of 15 feet. Mr. Annunziato informed the Members this ia a modification from the site plan which was approved by the City Council that excluded the tree shaped skylight from approval. Harold F. Robinson, Vice President, Burdines, P. O. Box 015329, Miami, Florida 33101, and Mike Greer, from Heery & Heery, Archi- tects & Engineers, Inc., 880 West Peachtree Street, N. W., Atlanta, Georgia 30309, came before the Board. Mr. Robinson stated they feel this is a substantial reduction in height from what they were proposing before and will allow them to comply with the property's function that the skylight was designed for. It was not what they hoped for but he thought it was something they could live with. Mr. Greer said the main function for the original skylight was an interior space. Burdines considers the space where both aisles of the building cross as the primary retail area, and the intent was to provide a strong tall statement in the middle of the store. Mr. Greer believed the 60 foot high skylight would allow them to keep that function. Mr. Robinson showed the cosmetic accessory area, where they are bringing the natural light into the store, and said they will have greenery in that area which will need the natural light to grow.~ He and Mr. Greer displayed boards. One showed the scope of the reduction of the previous skylight. .The next one concerned visibility. Mr.. Greer said one of the main functions the skylight had on the exterior wall which will be covered with green and landscaping was to create a strong, stable architectural element to contrast with the green walls, which would be growing and changing. He stressed a height of 60 feet is really needed in order to see the skylight, especially from Old Boynton Road, and said anything from below 50 feet will almost disappear. The view of the skylight from the exterior is very important to Burdines. It was Mr. Greer's understanding that the present height Ordinance is written on a floor to ceiling space. Mechanical space is from the ceiling to the next floor above or not counted in the total height. Conceivably, you could have a 3 story building that would be 60 feet tall and still meet the height ordinance, and Mr. Robinson explained. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Mr. Greer pointed out that the existing mall is about 28 to 30 feet tall and has skylights on it. They need a skylight at least the same proportion as the mall skylights are to the mall building, which necessitates going above the 45 foot height limitation. Mr. Robinson added that it is not a functional aspect but an architectural item. Mr. Greer called attention to the fact natural light is an energy saving feature in any building. In order to get the northern light into the skylight for plants, they need to have the skylight project above the north. In the daytime, Mr. Robinson said they would save energy by not using much light in the area. The Code allows for this exception to be approved. Mr. Greer showed the structural function. He said this type of structure needs to be supported from the ground, as it would be expensive to try to support it from the roof. Therefore, it is supported from the ground, including the floors and the skylight itself. Mr. Greer said ventilation will be provided on top of the skylight and he explained by the board he presented. If they stay within the height limitation, Mr. Robinson said they would have more heat than by going up higher, so there is an engineering aspect to the height o'f the skylight. Mr. Greer presented another board and said the area above the 45 feet is not a habitable space, which Chairman Ryder thought was important. Chairman Ryder expressed that he thought they needed something that would stand out and noted they referred in their explana- tion where exceptions are permitted. He could see no problem. Mr. Schultz asked if this will be illuminated at night. Mr. Robinson replied that there will be illumination through the skylight from the internal lighting in the building. Mr. Schultz questioned whether there will be any spot lights inside aiming up to attract. Mr. Robinson answered that they had not planned anything of that nature. Mr. Mauti wondered if this came under the heading of modifying a site plan or a variance. Mr. Annunziato advised it is a modification to the approved site plan. It is not a variance because height exceptions are granted by the City Council. This is an exception to the height restriction. It is a site plan modification because the site plan~approved by the City Council did not include any structure of this nature. The applicant is modifying his plan by showing this configuration of skylight. Mr. Linkous moved to grant the request to construct a 25 foot high skylight, seconded by Mr. Gregory. Motion carried 7-0. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: First American Plaza Alan Strassler First American Bank and Trust Lot 2A, Boynton Beach Mall, Congress Avenue Request to modify parking lot of two previously approved four story office buildings Upon further evaluation of the site, Mr. Annunziato told the Members the applicant determined he would be able to park in the 20 foot utility easement which fronts the property. The appli- cant previously had that in landscaping. By taking advantage of that area, the applicant moved his parking towards Congress and put that area in landscaping in front of his buildings. Further, the applicant modified the south parking lot, which would be south of the drive-thru lanes. Mr. Annunziato read the two comments from the Engineering Depart- ment and said the Technical Review Board recommended the plan be approved, subject to staff comments. Alan M. Strassler, Architect, 8895 North Military Trail, Suite 201D, Palm Beach Gardens, Florida 33410, ~had no problem with the staff comments. Mr. Mauti moved to approve the site plan, subject to staff comments. Mr. Schultz seconded the motion, and the motion carried 7-0. 4. PROJECT NAME: AGENT: O~ER: LOCATION: DESCRIPTION: Boynton Beach Distribution Center Boynton Beach Distribution'Associates, a Florida General Partnership Boynton Beach Distribution Center East side of High Ridge Road Right-of-Way Addition of truck loading bays to Bldg. A Mr. Annunziato told the Members this is a minor modification to a previously approved site plan. In effect, they are angling in the trucking bays into the buildings. Therefore, the configura- tion of the building changes, necessitating the site plan chang~ There were no staff comments, and Mr. Annunziato said the Technical Review Board recommended the plan be approved. The applicant was present. Mr. Schultz moved, seconded by Mr. Mauti, to approve the site plan. Motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Cedarwood ~illas Phase II A. Clyde Worrell Christian Development Corporation 2400 S. W. 19th Avenue Option to construct screened rooms and screened porches in patios to single family attached units Mr. Annunziato explained these are more or less clean up site - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 plan modifications to cover permits that might have been approved in the past and those that will be approved in the future. This request comes from the Technical Review Board with the recommenda- tion that it be approved. The representative had nothing to say. Mr. Linkous moved to approve the option to construct screened rooms and screened porches in patios, seconded by Mr. Pagliarulo. ~otion carried 7-0. PROJECT NAME: AGENT: O~ER: LOCATION: DESCRIPTION: Boynton Commercenter Height Exception Fred J.. Popper Boynton Commercenter, Inc. 1600 Corporate Drive Request for height exception of 15 feet to accommodate mechanical equipment Mr. Annunziato said this is a site plan modification for the office buildings at Boynton Commercenter. He read the letter from Fred J. Popper, Architect, Centure Design, 2100 Corporate Drive, Boynton Beach, Florida, dated July 16, 1984, stating they were requesting a variance for the necessary cooling tower. Mr. Annunziato believed it was a request for a nine foot excep- tion. The Technical Review Board offered a recommendation of approval as submitted. Fred J. Popper, Architect, said they were requesting the height exception for the cooling tower, which will be sitting back in the middle of the building. The building is 120x140, so it is essentially out of view from most of the public. Mr. Linkous moved that the height exception be granted, seconded by Mr. Mauti. Motion carried 7-0. THE BOARD HAD AN INTERMISSION AT 9:20 P. M. THE MEETING RECONVENED AT 9-27 P. M. C. SUBDIVISIONS Pre-application PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Willowood Park Christopher V. Hurst Contemporary Community Concept Corp. S. W. 30th Avenue sou'th of Palmland Villas Concept plan for 19 single family homes Mr. Cannon said this consists of 19 single family lots on 3.69 acres. A pre-application and master plan were previously approved for the site. The previous master plan had shown duplex lots for the entire 3.69 acres. Mr. Cannon indicated the lo- cation on the overlay and said access is from a public right-of- way, which is Charter Drive South. - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Mr. Cannon continued that the road on the site itself would be built to City standards but would be a private roadway. At the entrance, the applicant is proposing to angle the roadway down onto Summit Boulevard, crossing into the private right-of-way of Summit Boulevard. The applicant is working on an agreement with Hunters Run to provide that access. Mr. Cannon said the applicant is also proposing to abandon a section of the right-of-way which angles from the south and does not serve any function, and he explained on the overlay. Mr. Cannon read the staff comments from the Building Department and the Engineering'Department. With reference to the comments from the Engineering Department, Mr. Cannon said the applicant will be required, to document that the access situation with Hunters Run has been worked out for the master plan to be approved. Mr. Linkous asked if these'lots are contiguous to Summit Drive or Charter Drive. He asked if the lots parallel Charter Drive or touch Charter Drive. Mr. Cannon replied that to the north are apartments. Charter Drive is several hundred yards to the north.. Summit Boulevard continues in an easterly direction. Mr. Cannon explained the public right-of-way. Mr. Annunziato advised Mr. Mauti the Board had reviewed this before for the same applicants but for a different kind of develop- ment. Christopher V. Hurst, P.E., Vice President, Paramount Engineering Group, 350 Camino Gardens Boulevard, Boca Raton, Florida 33432, was aware of the staff comments and had no problem with them. He stated they have provided a lot plan for one of the lots in auestion and feel confident they can get a house on it. Mr. Gregory moved to approve the concept plan, subject to staff comments. Mr. Mauti seconded the motion, and the motion carried 7-0. Master Plan Modification PROJECT NAME: AGENT: O~ER: LOCATION: DESCRIPTION: Boynton Lakes PUD James HolAnd Lennar Homes Hypoluxo Road at Congress Avenue Addition of a day care center to the list of permitted uses and relocation of five (5) units Chairman Ryder announced that the Board had a letter dated August 9, 1984 from James H. Holand, AICP, Director of Land Planning, Lennar Homes, 700 N. W. 107th Avenue, Miami, Florida, requesting that the application be withdrawn. - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 D. SITE PLANS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Pylon Interstate Leo Noble Pylon-Boynton Joint Venture SW corner of 1-95 and Woolbright Road Request for construction of two office buildings, each two stories high, totaling 58,000 sq. ft., plus landscaping and ancillary parking on a 2.86 acre site Mr. Cannon showed the plan on the overlay and said it is immediately in front of the Boynton Commerce Center's Planned Industrial Development. S. W. 7th Court is the only entrance into Boynton Commerce Center. There are three entrances into the site (one on Woolbright Road and two coming off of S. W. 7th Court). Mr. Cannon showed there is circulation around the site by two-way drives. There is a one-way drive going through the center of the site which contains a future drive-in teller location. Mr. Cannon said the buildings are two stories with one story of under building parking for a total of 30 feet. He read the staff comments from the Building Department, Engineering Depart- ment, Utilities Department, an additional memo from the Utilities Department, Public Works Department, Planning Department, and the Energy Coordinator. Leo Noble, P.E., Lawson & Noble, Inc., 1123 Crestwood Boulevard, Lake Worth, Florida 33460, had no problems with any of the comments with the exception of the comments on water and sewer by Perry A. Cessna, Director of Utilities. Mr. Noble said they are work- ing with Mr. Cessna on this. Chairman Ryder was informed by Mr. Noble that the driveway just east of the E-4 canal is a new one. Mr. Noble said it was part of the overall site and that entrance will have a right turn in and a right turn out to improve the traffic circulation through- out the whole site, and he explained. Mr. Gregory moved to approve the site plans subject to staff comments. Mr. Mauti seconded the motion, rand the motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Quickrentals Herbert Pecht, Jr. Quickrentals, a Florida Partnership Industrial Avenue Request to construct a two story 16,000 ± sq. ft. industrial warehouse on .86 acres Mr. Cannon presented the plan and said Industrial Avenue runs along the west side of the property, which is west of 1-95 and north of Boynton Beach Boulevard. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 The building is "L" shaped and set up against the northern lot line. The building is one story on the western portion and two stories on the eastern portion. There are a total of 15 bays in the building, and the garage doors open to the west and the south. There are a total of 40 parking spaces to the building and two loading spaces. Mr. Cannon read the staff comments from the Building,-Fire, Engineering, Utility, and Public Works Departments and from the Energy Coordinator. He also read an additional remark from the Public Works Department. Herbert A. Pecht, Jr., Architect, 1129 Okeechobee Road, West Palm Beach, Florida 33401, had no comment on most of the staff comments but had several questions. When they came in for a preliminary meeting, Mr. Pecht said they had the dumpster at the top, near the building '~It ~hs requested that they reverse it. He asked if the comment from the Public Works Department was reflected on the original site plan. Mr. Annunziato replied it is reflected on this site plan. Mr. Pecht determined they were putting the dumpster back where they had it. He asked if there was any possibility of leaving it where it is. Mr. Annunziato suggested Mr. Pecht talk to the Public Works Director about this between now and the Council meeting and per- haps they could work something out. Mr. Pecht said they also met with the Fire Department. They had the fire hydrant in the "L" The engineer met with the Fire Department, and they moved it to the front, which Mr. Pecht could not understand at the time. Now they have added another hydrant back at the other end of the building. Mr. Annunziato advised that our Code requires that no part of any building be more than 200 feet from a fire hydrant, and there were parts of the build- ing which were unprotected. The reason Mr. Pecht questioned the original relocation was because there is a hydrant across the street. Mr. Annunziato repeated the Code requirement and said the fire hydrant has to be located to meet that requirement. ~r. Pecht had a question about the location of the light poles, and Mr. Annunziato said Mr~ Pecht is to locate the light poles. The only other question Mr. Pecht had was the establishment of a closer benchmark. Chairman Ryder told him he needs a surveyor. Mr. Annunziato advised Mr. Pecht to have the applicant's surveyor, Richard L. Shepard & Associates contact the City Engineer. ' Mr. Pecht said they agreed to all of the other things and saw no problem with them. Mr. Gregory moved to accept the site plans, subject to staff comments, seconded by Mr. Linkous. Motion carried 7-0. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Forum Shoppes Siteworks, Inc. KG Venture Group Congress Avenue at Ocean Drive Request to construct a shopping center to include 68,000 sq. ft. of office space, 19,000 sq. ft. for retail space, and 24,000 sq. ft. for cinema on 6.5 acres plus landscaping and parking Mr. Cannon informed the Members this is a parcel immediately south of Leisureville Plaza. He indicated the Bavarian House Restaurant, Florida National Bank, and City Federal, which are three separately owned parcels that are not a part of the project. To the east of the property is another vacant lot. The project is about 180 feet west of Leisureville. Ocean Drive is on the south border of the property. Mr. Cannon indicated the two entrances which are on Congress Avenue. The parking feeds into the Bavarian House Restaurant and out Congress Avenue. There is also parking which is partially on Florida National Bank's site, which is also accessed onto Congress Avenue through the bank's site. Mr. Cannon said there is the cross parking agreement which has been in effect, which covers not only the vacant parcels but those three parcels and the Leisureville Plaza. The agreement allows the right for any of the six parcels to use the other parcels for parking and access. Mr. Cannon stated that the applicant is asking for approval of joint use of parking facilities between this project, the three out parcels, and Leisureville Plaza. Mr. Cannon showed the location of the cinema, retail, and a four story office building. Water will commence between mains on Ocean Drive and also on Congress Avenue. Sewer is going to flow into the sewer lines on Ocean Drive. Mr. Cannon said the project requires relocating the easement that runs under the cinema and serves the Bavarian House Restaurant's utilities. It is a private easement and does not reauire abandonment. Mr. Cannon informed the Members that a fire lane is provided to the retail by a sidewalk. Both the Technical Review Board and the Fire Department found it acceptable. Mr. Cannon said the Zoning Code would require a total of 874 spaces for the uses shown on the site plan. 509 spaces have been provided on the south. Mr. cannon referred to the section of the zoning regulations which allows shared parking among different uses if the applicant submits quantitative evidence that the uses would have different peak hour demands. Mr. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNT©N BEACH, FLORIDA AUGUST 14, 1984 Cannon stated this requires specific approval by the City Council and a specific recommendation by the Planning and Zoning Board, so the approval of the shared parking should be included in the motion of the Planning and Zoning Board. The applicant submitted to the Technical Review Board a traffic analysis done by Kimley-Horn Associates, Traffic Engineers. They analyzed what would be the total demand for traffic among all of these commercial uses on Friday night and also Saturday afternoon at the peak season (first quarter of the year). Mr. Cannon clarified that they analyzed the parking that would be available from the retail and office uses, the three out parcels, and Leisureville Shopping Center to accommodate the parking demand for the cinema. On Friday night, they found 607 spaces would not be occupied and could be used by people going to the cinema. A cinema this size requires 550 spaces, accord- ing to our Code. On Saturday, they did a similar analysis and found 637 spaces would be available for the cinema on Saturday afternoon. Mr. Cannon read the staff comments from the Building, Engineer- ing, Utilities, Public Works, and Planning Departments and the memo from the Energy Coordinator. He informed the Members the Technical Review Board and Planning Department reviewed the proposal for shared parking and found it acceptable. The first comment from the Planning Department is now void because the County Traffic Engineer indicated there will not be a curb cut on Congress Avenue. Instead, Mr. Cannon said any left turning traffic would have to go on to Ocean Drive, but there will not be a major cut onto Congresm Avenue. Chairman Ryder asked if there was any access between Leisure- ville Plaza and this development at the northern boundary. M~r. Annunziato explained that the line Chairman Ryder saw was an artificial line. The parking lot is continuous, and it will look like one parking lot. Mr. Linkous emphasized there are 874 parking spaces necessary for this complex. Mr. Cannon said Kimley-Horn Associates have shown that much parking would be available on site because of the difference in the peak demands and he explained. There was more discussion about this. Mr. Annunziato pointed out that there is nearly 100,000 square feet of offices, and the peak demands for the different kinds of uses occur at different times. He gave examples. Craig Livingston, President, Siteworks, Inc., 639 East Ocean Avenue, Boynton Beach, showed the Members a rendering. Mr. Linkous asked if there was a stipulation that the offices would not be used for anything other than offices. Mr. Annunziato did not. see how that would happen. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Mr. Gregory asked what sort of traffic impact they would have in the immediate area. If you go down Ocean Avenue, which is only accessible at 7th Street and off Congress Avenue, he thought it se~emed to create a traffic problem for people living in the entire area. Mr. Gregory was talking about coming mn from Congress Avenue to 7th Street. Mr. Annunziato replied that the traffic impact statement required that a left turn lane west approach and a right turn lane east approach be provided on Ocean~Drive at the project's westernmost entrance. It would be the responsibility of the applicant to construct those. Mr. Annunziato said it was unlikely that the project would be served by a median cut on Congress, and he gave the reasons. There will be a lefthand turn movement from southbound traffic from Congress onto Ocean Drive. There is a median there which may or may not have to change, depending on what the engineers propose. Mr. Gregory asked'how much of an increase in traffic generation it would send from west to east along Ocean Avenue. Mr. Annunziato replied it was not a significant number. He thought the peak hour trips would be in the nature of maybe 80 trips. Mr. Gregory pointed out that they have a major shopping center on the corner, a major shopping center across the street, two or three banks with a continual flow of traffic, and the school. He thought the only way these people would generate traffic activity was to go down what is considered now a secondary arterial, and the only way they can get through that arterial is through a substandard narrow road known as 7th Street. That was Mr. Gregory's major concern, in addition to the construction of another 30 or 40 units. Mr. Annunziato advised it may be addressed somewhat in the near future, as it relates to the improvements of Boynton Beach Boulevard. The County is considering terminating Old Boynton Road as it currently exists and bringing it southerly at 8th Street. 8th Street will become a new north/south signal action intersection to serve that area and will continue to Woolbright Road. 7th Street will eventually lose some of the problem it now holds. Chairman Ryder called attention to Leisureville Boulevard which runs between Boynton Beach Boulevard and Ocean Drive. Mr. Linkous moved to grant the request to construct a shopping center, subject to staff comments. Mr. Annunziato thought the Board should specifically identify its position on the shared parking. That disturbed Mr. Linkous because he, personally, questioned it. There was discussion about the cross parking. Mr. Claude B. Gagne, one of the owners of the property, 2501 South Seacrest Boulevard, Boynton Beach, pointed out they have - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 the cross parking by deeds, which have been recorded. He said they can park between parcels and have full access to ingress and egress plus parking on all five parcels. Mr. Annunziato said the applicant provided for the City a docu- ment which ~rovides for cross parking on all of the parcels known as Leisureville Plaza and includes Bavarian House, Florida National Bank, and the Savings and Loan. According to Kimley- · Horn, Mr. Annunziato told. the Board Members the applicant has 10% more parkihg than he needs at the peak. Mr. Mauti had called attention to the 70 cross parking spaces shown on page 4 of the application, and Mr. Annunziato said the applicant is not going to get 70 more parking spaces than what was already proposed. There were more questions about the parking. .Mr. Linkous noted Kimley-Horn Associates, Traffic Engineer, and the Technical Review Board say there is enough parking. He again moved to grant the request to construct the shopping center, subject to staff comments, and to include the shared parking. Mr. Schultz seconded the motion. There was more discussion about the park- ing and page 4~ of the application. ' ~ Mr. Annunziato explained there is a requirement for 97 parking spaces for the retail, 227 for the office, and 550 for the cinema. As a result of this construction, the applicant is pro- viding an additional 509 spaces. Mr. Gagne explained they need 227 for the office building which will be open from 8:00 A. M. until 6:00 P. M. After 6:00 P. M., most of the people leave the building, so they use that for the cinema, which will not open until 7:00 P. M. The movie theater will also be able to use the office parking lot for the Saturday matinees. The cinema will also be able to use the space in their cross parking agreements, so they have staggered uses in addition to the retail parking of 97 spaces. Some of the stores close at 5:00 or 6:00 P. M. and are not open when the office building is closed or the movie theater is operating. .A vote was taken on the motion made by Mr. Linkous, and the motion carried 6-1 with Mr. Gregory voting against the motion. 4. PROJECT NAME: AGENT: OIliER: LOCATION: DESCRIPTION: The First Bankers - Boynton Beach Bank- ing Center Jeff Falk~nger & Associates The First Bankers of Palm Beach County SW 25th Avenue at Seacrest Blvd., northwest corner 2100 square foot modular bank with drive- through windows plus parking lot and landscaping improvements - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Chairman Ryder stated this is adjacent to Bethesda Hospital. Mr. Cannon said the bank will be located on the west side of Seacrest Boulevard between Golf Road on the north and S. W. 25th Avenue on the south. He showed the plan, saying the site has two entrances (one off of Seacrest and one through S. W. 25th Avenue). Mr. Cannon indicated the location of the temporary bank building and said a one way drive through lane is on the west side of the bank building. Parking is to the north and south of the bank building. This is C-1 property, so Mr. Cannon said a wall is not required by Code. The applicant is providing a dense hedge three foot high for buffering, which is allowed in the Zoning Code. Mr. Cannon read the staff comments from the Building and Engineering Departments and the Energy Coordinator. Jeff Falkanger, Architect, of Jeff Falkanger & Associates, 614 South Federal Highway, Fort Lauderdale, Florida 33301 had a colored site plan he showed the Members. He indicated the location of the trash enclosure and showed where they would rather put it. Mr. Falkanger said the green area to the north is unused now but they hope to develop a professional building there in the future. Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach, had expressed an interest in the plans, and Chairman Ryder called him forward. Mr. Falkanger stated that right now, this is a modular building which is mostly glass and very nice looking. Mr. Mauti said some portions of the property abut the residential area, and he asked if they had any objections to a wall instead of the vegeta- tion. tn the future, Mr. Mauti said a building will be there, and they are going to have a drive-thru there. Also, there will be noise from automobiles. There was discussion about this. Mr. Gregory asked if the wall was required. Mr. Annunziato advised that C-1 does not require a wall but the Board could recommend it. He thought it would be advantageous. Mr. Mauti felt some consideration should be given to those residents. He asked what difference it would be if they put the wall in now or later when they expand. Chairman Ryder thought it would look better. Mr. Foot said the elevation of the parking lots is generally 17 feet plus. The elevation of the properties behind this property to the west is 16.9 at the most. As he heard or saw in the application of planning, Mr. Foot pointed out that the applicant had not considered the retention of water on the site. They provided for a French drain. He wanted to think they were looking at a ten year storm and said the wall would dam the water and prevent it from coming into the lower lying lots to the west. - 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 14, 1984 Mr. Foot referred to the noise and lighting, which he said would be a disturbance to the neighbors. Mr. Falkanger stated that they reviewed the lighting and all of the comments and he only had the question about the dumpster and the wall. The drainage in all of the paved areas is retained by trenches, and they all slope in. The unused portions of the green areas are as they are now. Mr. Foot again referred to a ten year storm. Mr. Annunziato thought the City's requirements were for three inches of rain- fall in one hour. Nevertheless, Mr.~ Foot said the residents want a wall to prevent water from coming from theirs~'~ ~ higher eleva- tion into their lower elevation~area. There was more discussion.~ Mr. Annunziato informed the Members that the applicant met the requirement to contain a storm, which is required by our Code, on site. He said the wall has other reasons for being there in terms of aesthetics and the blocking of light. The wall will not dam the water on site because water goes around walls. Mr. Foot reiterated that a wall will be a better impediment than a hedge. There was more discussion about a wall. Mr. Foot spoke for a Mr. Banting who had concerns about car lights and glare. It looked to Mr. Foot like there would be 30 foot light standards, which he thought ~_~ . excessively high. Mr. Annunziato advised the standards are 20 feet. Mr. Mauti preferred the light for security. There was further discussion about lighting and the wall. Mr. Mauti moved to approve the plans, subject to staff comments, and with the addition of a masonry wall on the westerly boundary that included the buildable area and with directional lights which would direct the light away from the residential area. Mr. Linkous seconded the motion, and the motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:45 P. M. ~eactoriC~ .ia Ramseyer ~/ - 33 -