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Minutes 07-10-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 10, 1984 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Ezell Hester Ronald Linkous John Pagliarulo Robert Wandelt William Schultz, Alternate Carmen S. Annunziato, Planning Director Timothy p. Cannon, Senior City Planner ABSENT Norman Gregory (Excused) Caesar Mauti (Excused) Chairman Ryder opened the meeting at 7:30 P. M. He introduced the Members of the Board, City Planner, Senior City Planner, and the Recording Secretary. Chairman Ryder acknowledged the presence in the audience of Mayor Carl Zimmerman; Sam Scheiner, Vice Chairman 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 JUNE 12, 1984 Mr. Linkous moved to approve the minutes, seconded by Mr. Wandelt. Motion carried 5-0 with Mr. Winter and Mr. Hester abstaining from voting as they were not present at the meet- ing of June 12, 1984. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS Chairman Ryder announced that tonight they had public hear- ings for seven different items. This meant in each instance the meeting is open to the public and in each instance they will have an opportunity to indicate whether they are in favor or opposed to any particular measure the Board may be dealing with. - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Chairman Ryder wanted to point out that the first case is a parking lot variance and, in this case, action stops here rather than there being a recommendation to the Council. In the matter of parking lot variances, those matters are considered primarily and totally by the Planning and Zoning Board. Parking Lot Variances 1. PROJECT NAME: Boynton Plaza AGENT: Herbert C. Gibson, Esq. OWNER: Nicholas Athans LOCATION: 111 N. Congress Avenue DESCRIPTION: Relief from Section 5-141(a) - Lighting, 5-141(g) (5)(b) and 5(c) Driveway (safe distance), 5-141(g)(8) Driveway, (2) (numbers per street), 5-141(k) Parking lot striping, and 5-141(m) Fire lanes Chairman Ryder thought many in the audience would recognize this as being the location for Publix in the Boynton Plaza. As noted by the Chairman, Mr. Annunziato said this is a request for several variances to the parking lot regulations. The reason for the request for the variances is an attempt to erect or fit an existing shopping center to the current code, based on a request which the City expects to receive in the near future, to construct an addition of 12,000 plus or minus square feet of retail and office floor area to the Boynton Plaza. Mr. Cannon pointed out the location on the overlay. To the south is the Middle School and the crosshatched area was the area proposed for future development. As a part of any future development, Mr. Annunziato said the parking lot regulations come into play. The staff provided a memo to the Planning and Zoning Board and the reason for their com- ments. The Members had Mr. Annunziato,s memo of June 27 before them. The staff recommended that some of the vari- ances be approved and some not be approved. The first concern was the lighting. Mr. Annunziato said staff feels the request to continue with the existing light- ing is valid and the cost to relamp would not offset energy savings at this time. Concerning the area to the west of the shopping center, Mr. Annunziato said when the property was developed, it was developed adjacent to a 30 foot Palm Beach Farms platted - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 road. At the time the property was developed, the road served as little more than an alley or service route for the shopping center. Therefore, they did not define the kinds of curb cuts and landscaping as they would have right now. There are two problems with this. One is the continuous driveway and the other is the width of the driveway. Consistent with the applicant's request, Mr. Annunziato said staff recognized that, in fact, these are variances which the applicant is unable to conform to at this point. The applicant has removed from the intersection of Boynton Beach Boulevard in the 30 foot right-of-way the driveway which is adjacent to the sidewalk at the north. He Ks proposing to build a landscape divider somewhat southward from Boynton Beach Boulevard, therefore, forcing the left turn movement to be made off of the Palm Beach Farms plat a further distance from Boynton Beach Boulevard. The remainder of the variances fall into two forms. One concerns the number of driveways on Congress from the shopping center, and the other has to do primarily with parking spaces and fire lanes. First addressing the number of driveways on Congress, Mr. Annunziato informed the Members there are three existing. The applicant is request- ing that he be allowed to retain the three that he has. The northernmost one serves in part the California Federal bank. It is not on California Federal's property but it serves that portion of the shopping center. The staff felt that driveway should be closed as being somewhat superfluous to the site. It does pose a hazard for left turn movements from Boynton Beach Boulevard onto Congress attempting to go immediately to the righthand shoulder lane and turning onto the shopping center property. Mr. Annunziato said the remainder of the variances concern parking lot striping, driveway safety, and fire lanes. At this time, staff could not recommend that these variances be approved because the applicant is proposing to keep the park- ing stall width at 10 feet as opposed to taking advantage of the nine width stall. Therefore, the arguments about losing parking have not been substantiated, and Mr. Annunziato said the staff felt they could not make a positive recommendation in this regard until the applicant had fully addressed the advantages of going to the 9 foot parking space. Herbert C. Gibson, of the law firm of Gibson & Gibson P.A., Florida National Bank Building, 303 First Street, West Palm Beach, Florida 33402, said he is the current Chairman of the Planning and Zoning Board in West Palm Beach. Attorney - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Gibson was appearing with an understanding of the Board's responsibility and his responsibility for the applicant. He wanted the Board to take his remarks in that context. Attorney Gibson said the applicant was coming before the Board, striving to meet all reasonable requirements he could meet in the revision of the shopping center. Attorney Gibson was out of town and just had the opportunity today to review the recommendations which were dated the 27th and sent out on the 29th by Mr. Annunziato. Attorney Gibson told the Board Members they are in agreement with Mr. AnnUnziato and the City with regard to items 1 and 2 which Mr. Annunziato spoke of and woul~ like to go forward with these. As Mr. Annunziato indicated, with the present state of recommendations 1 and 2 which appear on page 2 of his memo, Attorney Gibson confirmed that at the present time the Planning Department was not in the position to recommend the requested variances. Attorney Gibson asked the Board to give the applicant an extra thirty (30) days to try to work with Mr. Annunziato and see the extent to which they can meet with his recommen- dations and perhaps have Mr. Annunziato understand what the applicant's posture is. Attorney Gibson said he could very briefly give the Board Members the factual basis for some of their problems at this time before asking for the continuance. The parcel which is now California Federal Savings and Loan is a leased out parcel. When the parcel was leased to them and the shopping center was constructed, Attorney Gibson said the site plan was incorporated in a long term 99 year lease. The access points were provided as part of the lease obligation. Attorney Gibson iinformed the Board Members that the tenant is not willing to allow the change in the site plan to alter the one access point that they could see on Congress Avenue. Attorney Gibson informed Chairman Ryder it is locked in as a matter of law unless they would agree, and they have indicated they will not agree to it. Attorney Gibson said it puts the applicant in a very difficult position with regard to that one point. With regard to Mr. Annunziato's point under ~2, Attorney Gibson thought they needed to do more homework as to the additional parking, what could be picked up, and the re- striping. Attorney Gibson thought they could meet the re- striping requirement as long as they stay in a reasonable number of parking spaces. The parking spaces will actually - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 be smaller if they meet Mr. Annunziato's recommendations, which should give them some additional spaces. When this is adjusted, Attorney Gibson thought the net effect would be they could probably live with that change. He also thought probably they needed to discuss that with Mr. Annunziato before taking the Board's time and the time in a public hearing to go over it. Attorney Gibson was hopeful this matter could come before the Board thirty (30) days from now when the Planning Department and the applicant are supposed to be in accordance. He thought they had accomplished a great deal in the time they had to deal with this. Attorney Gibson explained the only reason they could not work these things out was because he was out of town and was unable to address it until today. Mr. Annunziato did not even know he was going to come here tonight and ask for the continuance. Attorney Gibson apologized for it. He stated if they could proceed on those outlines he would appreciate it. ' Chairman Ryder asked what the nature of the building that is coming up would be. Attorney Gibson replied it is additional space. He introduced Richard Wensing, Architect and Planner, 2405 Mercer Avenue, West Palm Beach, and said Mr. Wensing would be designing the building. Mr. Wensing said it was a two story building, but it would be shorter than the existing center itself in height, the first floor being retail and the second floor being office space, all of about 700 or 800 square feet each. Mr. Annunziato advised that the staff has no objection to a thirty day continuance. It seemed to Mr. Linkous that was the logical approach. Mr. Schultz agreed. Chairman Ryder asked if anyone else wished to speak in favor of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition. There was no response. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder said the Board was asked to consider the parking variances before they know what is coming. He stated he knows something is coming that may cause a problem. Chairman Ryder was speaking from personal experience and asked Mr. Cannon to point out the access to the proposed building. Chairman Ryder said the applicant has a 25 foot entrance road which permits one way in each direction. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Most of the cars then turn right and go along the transverse roads in front of the stores. Chairman Ryder emphasized that this is a very critical point. He uses it three or four times a week so he knows. Depending on what they do with the building and what kind of setbacks they have, Chairman Ryder said it could pose a serious problem from the standpoint of safety. Frankly, he could not be too happy with acting on this until he could see a site plan. Chairman Ryder felt this was a very serious situation because they are not located on any public thorough- fare. They are located on private roads. Chairman Ryder referred to the transverse road and said you have to watch for the cars backing out. Attorney Gibson thought there was an existing site plan the Architect could review with the Board Members. Chairman Ryder wanted to explore it to the extent of what would happen with regard to visibility. Mr. Annunziato did not know what detail they could explore the site plan in but thought they could leave the applicant with some thoughts for his consider- ation; that is, there is a critical intersection there, and the design of the building they eventually come up with will have to address the turn movements. If there is a solid wall within a few feet of the turn movements, Mr. Annunziato advised they will have problems. In most cases, you will not be able to tell if traffic is turning against you until you are at an intersection. Chairman Ryder said they might find a need for a deceleration lane to widen the roadway at this point. He stated there would not be any access from either of these two roads and asked Mr. Cannon to trace the line along the incoming road- way and make the right turn. He asked Mr. Wensing if that was the way they were going to go in. Mr. Wensing said the last turn was a driving aisle. Chairman Ryder asked if that was where the entrance was going to be. Mr. Wensing replied there is an entrance all along the interface of the "L". Chairman Ryder asked Mr. Wensing to show where. If they meet the requirements the City is asking for right now as far as the fire lanes, Mr. Wensing said the auto- mobiles parking along there will not be there. Chairman Ryder was talking about vehicular access and asked how it would work out. Mr. Wensing showed the main entrance into the center. Chairman Ryder was talking about the southerly entrance. He asked if they were going to have a curb cut to the building on the southerly side. Mr. Wensing showed where they would come in. Chairman Ryder asked if they would have - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 an entrance on the southerly end and on the westerly end. Mr. Wensing answered negatively. Chairman Ryder thought perhaps it would be important to have a deceleration lane on the southerly side and possibly on the westerly side as well. He referred to the cars again, and Mr. Wensing repeated that the cars will not be there. He clarified that he had a feeling that after the next 30 day meeting, those cars will not be there. That was one of the requests for denial. At this point, Chairman Ryder did not know. Mr. Wensing stated he would like for them to stay there because they are going to try to restripe and pick up enough to save that car lane. Currently, Chairman Ryder wondered what they were thinking about for setbacks on the southerly side and the westerly side from their property line. Mr. Wensing thought it was about 35 feet. He told Chairman Ryder it is not a road but a drive on their private property. Attorney Gibson thought Chairman Ryder was making some confusion. He said there is no driving space down at the southerly end. Mr. Wensing said there was no more driving space than in any one of the aisles. It is private property and not a deceleration lane. Mr. Wensing indicated the bank's road and the entrance going up. He showed the entrance onto Congress Avenue on the south and said it comes onto private property and goes into a two lane driveway. Chairman Ryder said they were quibbling about what is private property and what is not. His point was they have an entrance there now. Chairman Ryder asked what the set.back will be from the northerly side of the 25 foot roadway that they have. Mr. Wensing replied, "Five feet. It is not a property line. It is a roadway. It is no different than having your setback when you drive out here." If it was another spot, Chairman Ryder said maybe it would be all right. Mr. Wensing stated they will meet all of the City's Codes or the Board will not give them permission to do this project. Mr. Wensing assured the Members they will do that, and they are prepared to come in later and discuss those matters. For the applicant's edification, Mr. Annunziato wished to discuss the concern he heard at this public hearing. Where the east/west driveway intersects the north/south driveway, if there is a building of some sort there, he said there may be a problem making the right turn to go to the shopping center and making the left turn to access the east/west driveway. However the applicant designs the building and - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 in whatever form, Mr. Annunziato advised they will have to address the turning movements there so that they are safe. That becomes a design problem. Mr. Wensing said they under- stand that and will be doing that. Attorney Gibson said what confused him was all of this is private property and when they use the term "setback", he thinks of setting back from the right-of-way. Attorney Gibson was sorry for the confusion but informed the Board Members the applicant does not intend to put a turn in there that would cause an obstruction of such a nature that they would have an accident corner. He felt Mr. Wensing could address that in his building design. Attorney Gibson added that the footprint of the building is on there. Chairman Ryder recalled the Architect thought 5 feet would be the setback from the right-of-way line. Both Mr. Wensing and Attorney Gibson exclaimed it was not a right-of-way line. For all intents and purposs, Chairman Ryder said it is a public road, but it is on private property. Mr. Wensing reiterated that he thought they could address in the future the turning movement to the Board's satisfaction. He pointed out it is not a five foot setback from the right-of- way but 35 feet from the property line. To Mr. Wensing that sounded a lot better and met the Code. Attorney Gibson understood Chairman Ryder's concern and thought he was saying however that is built, he did not want to create a traffic hazard at that corner. Mr. Wensing added that they do not either. Chairman Ryder said all they have to do is ride up to the entrance where they make a right turn during the day when something happens, and they will get an idea of what is involved. In the northern portion, Mr. Linkous believed they had deleted a curb cut at one entrance. Mr. Annunziato said that is staff's recommendation. Mr. Linkous asked about the one on the northwest corner. Mr. Annunziato informed him that is not a driveway; that is a street. Mr. Annunziato agreed with Mr. Linkous it is an exit but explained it is not a driveway on the site. He told Mr. Linkous it will not be deleted. Attorney Gibson said it is the access to the back of the stores that the trucks use to come in there and unload at Publix, for instance. Mr. Linkous determined it will still be there for the purposes of delivery. Attorney Gibson added that it is an absolute must. For the Board's information, Mr. Annunziato said the 30 foot Palm Beach Farms platted road is gOing to serve not only the - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 uses that are there now but the post office located on Boynton Beach Boulevard just to the west. Attorney Gibson interjected it is a public right-of-way as opposed to the private access points they were talking about. The real problem they had with access was simply that access point onto Congress Avenue. Attorney Gibson said they are trying to do everything they can do but they cannot live without that. If the BOard ultimately comes to a vote on this issue and the applicant is required to do away with that, Attorney Gibson said they will have to abandon the project. Mr. Linkous asked, "Even though there would be southbound traffic only?" He added it would have to be southbound. Attorney Gibson stated there is a curb cut already there and a median. The only way you can go is south. A computerized teller window is there. Attorney Gibson drove by tonight to refresh his memory. The traffic comes in, comes around, goes by there and out. Under the terms of the lease, the portion of the property leased was where the Members saw the current improvements. Additionally, Attorney Gibson showed where it encompasses the parking and access. It was part of the long term lease and part of the design that traffic would go through here to be serviced by teller windows. Attorney Gibson indicated the location and said right at this point is an automated teller, and you drive up and are serviced there. Then the traffic goes on out. Attorney Gibson told the Board Members the bank spent a tremendous amount of money to install that. Attorney Gibson told the Members, "What you would be doing would be rerouting traffic around and back out and causing, I think, more complications than you would be solving.,, Mr. Linkous said those were the things to be addressed by the Technical Review Board when they reevaluate the site plan. Mr. Annunziato advised that two things will be addressed. He did not think it was the Board's responsibility to address the issues of lease. He thought that was sort of a policy matter. Mr. Annunziato suspected that the staff's recommen- dation on that would not change. That did not mean the Board could not act based on the information provided at hearings. In the instance of the other items, Mr. Annunziato thought the Board would act reasonably based on the submission that if there are nine foot spaces, some of these other things might not be necessary. If you look at it from the opposite standpoint, Attorney Gibson said you have to look at it this way. The applicant spent a great deal of money - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 to get as far as he has gotten. There have been a tremendous number of plans drawn and submitted. The applicant has paid a lot of professional fees to get to this point in time. If the Board feels that must be closed, Attorney Gibson thought that negated any real need for them to even go for- ward any further. Attorney Gibson told the Members if they have a strong feeling along those lines, they would not "beat a dead horse" because they cannot do that. They will go ahead and spend the money to try to make the other adjustments in good faith if they know they can go ahead but if that particular entrance and access point is to be closed, Attorney Gibson said the project is not going to go. It cannot go. Attorney Gibson thought maybe they could address that at this point and time. Chairman Ryder pointed out that it makes for a scissor movement turning south from the boulevard. However, he did not consider that as vital as the location of the building. Attorney Gibson said they can address those matters. Those are matters that are within their control, and they are willing to address them and those matters that are within reasonable standards. Attorney Gibson added the one matter is something that is not within their reasonable control and is a total impossibility. That was the basis for asking for that variance. Attorney Gibson wanted the Board to give them some guidance so they would know whether to go forward with the matter or just not go forward any further because that was where they were on this. Mr. Pagliarulo asked what the distance is from Boynton Beach Boulevard to that entranceway. Mr. Annunziato imagined it was something around 220 or 240. Mr. Linkous was informed that would leave the center and southerly entrance to Congress Avenue. Mr. Pagliarulo asked what the recommendation was from the Technical Review Board (TRB) for eliminating that. Mr. Annunziato replied the Code mandates that no more curb cuts be permitted onto any property from any street. Mr. Annunziato said first of all, the TRB felt it was not necessary for the function of the parking lot. Secondly, the Police Department felt that the driveway posed a traffic hazard for traffic turning south from Boynton Beach Boule- vard. Attorney Gibson pointed out that it was approved on the site plan in 1976. Chairman Ryder asked how they stood with that. Mr. Annunziato thought the fact that it is there and functioning - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 was something the Board would have to consider in the approval or denial of the variance request. He felt it was the staff's position that two curb cuts on any one street are probably enough, but Mr. Annunziato thought the Planning and Zoning Board could take into consideration the other kinds of conditions Attorney Gibson had put before them. For example, Mr. Annunziato did not think the lease was something the TRB should be addressing, but there were some policy making decisions this Board could certainly address. Since the California Bank is under a separate ownership, Chairman Ryder wondered if that would affect the picture. Attorney Gibson replied it is a long term lease. The improve- ments are owned by the bank, and he thought it was a 99 year lease. Attorney Gibson explained it is almost like fee ownership, but the legal term is a long term leasehold interest. Mr. Linkous referred to a request that came before the Board about a year ago that one of those be closed. It became impractical and had to be reopened. Mr. Linkous wondered if they would not get into the same situation here because there are 614 parking spaces. He said to assume there are 614 cars with three exits. They would really be eliminating an exit that Mr. Linkous said is tantamount to a free flow of traffic. He was speaking from experience. Following the Plaza, Chairman Ryder said they have had development immediately opposite, on the easterly side of Congress Avenue. There are all kinds of left turns now as a result of that. That, of course, complicates the picture as far as Congress Avenue is concerned. Attorney Gibson said that is on the other side of the median strip. He said they had to understand there is a median there, and this traffic is routing only south. Mr. Schultz pointed out that mainly, the southern entrance or exit is there for service vehicles to either come in or out of the area. If you had to close one off from the park- ing area, Mr. Schultz suggested that they close the southern one off. Attorney Gibson did not see what benefit that was. Mr. Schultz was saying that would get them in compliance with Code with two exits. Mr. Wandelt called attention to an exit the Barnett Bank has there too. Mr. Schultz asked if that was a 99 year lease too. Attorney Gibson replied that Barnett Bank owns that property. That out parcel is sold. Mr. Schultz asked if that includes the southern entrance. Attorney Gibson - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 answered that Barnett Bank has an easement right to the most southern and extreme thereof. Mr. Wensing thought the shopping center had an easement over the southerly portion of what Barnett now owns. Mr. Annunziato thought the applicant was asking the Board whether or not the driveway makes sense from the Board's point of view. He did not know how the Board could answer Attorney Gibson in that regard, but Attorney Gibson felt it was important to have some feeling from the Board that they would be open-minded about his request. Attorney Gibson was asking for guidance because they spent a lot of money, and he hated to spend any more of this man's money if they were going to come up against an insurmountable obstacle. Chairman Ryder asked if they could consider this along with the site plan. Attorney Gibson had no problems in the Board's consideration of it. Chairman Ryder understood they did not have a site plan yet. Attorney Gibson informed him they have a layout. After what they had been talking about, Chairman Ryder said maybe now, they do not have one. Attorney Gibson agreed but said they would revise the site plan. The point he was making was if they do that, was it the feeling of the Board that the driveway was so important that it alone would kill it because if it would, Attorney Gibson said there was no reason for them to do it and he would be wasting the man's money. Apparently, Chairman Ryder said there was a difference of opinion. He thought it was not all important. Chairman Ryder felt the location of the building was all important. He asked if they could defer action on the request until the applicant could come back with a site plan. Chairman Ryder thought the picture would be clearer because, at this point, he was not prepared to approve the variances. To Chairman Ryder, it was like a "pig in a poke" because he felt it was important and knew from his own experience. He felt it would be more satisfactory if they could consider this along with the site plan. Attorney Gibson reiterated that he was looking for advice as to whether that was an insurmountable obstacle. If it was, they would not go forward. If it isn't and that was the feeling of the majority of the Board, Attorney Gibson said they would be happy to go forward, sit down, and try to revise the site plan and cure the other problems. He was telling the Board quite honestly up front, that problem was one he could not cure. - 12- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 If that parcel down there was not developed, Mr. Pagliarulo asked how the City Staff would feel about that entrance. He asked if it was based primarily because they are making a little more activity. Mr. Annunziato advised that our Code says that when square footage is added to an existing use, the parking lots need to be brought into conformance with current standards. One of the current standards is two driveways per street and no more than that. Obviously, there are some extenuating circumstances which have to be addressed. It always happens, and that is why there is a variance board. Attorney Gibson commented that this is a relatively well built shopping center. This was reserved on the original site plan for future development so when they came into the City, the City said they could go ahead and build but they would have to bring everything up to Code. The Code require- ments giving them the problems now were passed subsequent to the original adoption of the site plan. What they were saying to the Board was they would live with as many of them as could be reasonably accommodated but because of history, Attorney Gibson said sometimes you cannot come back and change to,meet current requirements and still have a reason- abl:e shopping center that meets the interests of the owner and all of the tenants. Obligations have been entered into now that Attorney Gibson said cannot be abrogated. Chairman Ryder thought the applicant and the Board would be in a better position to act on this if it was deferred. Mr. Linkous asked if it would be necessary to defer the exit and if they could not give some opinion on that tonight. If they were going to defer it to a later date, Chairman Ryder expressed that he would rather not take any action. As a matter of clarification for the applicant's information and his information, Mr. Annunziato asked if the Board was asking that this be deferred until the applicant comes back with a full site plan review proposal. Chairman Ryder replied that was what he would like to see. Mr. Annunziato advised that may or may not be August 14. Chairman Ryder said they could have them at the same meeting and act on both of them at the same time. Attorney Gibson wanted to take the Board Members in the owner's shoes and said the architectural fees involved in the full building design have been incurred. If they come in and are rejected based upon the architect's recommen- dation, they have spent a lot of money for nothing. Mr. Annunziato was not talking about the design. He was talking - 13- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 about site plan, floor plans, building elevations, and the site plan review process Attorney Gibson is familiar with. Attorney Gibson stated that was not, in essence, what Chairman Ryder was asking in the thirty days' postponement. Attorney Gibson told Mr. Annunziato he may have them filed in the next couple of weeks if they are going to meet then. Attorney Gibson asked the Board Members whether they wanted to see the site plan in connection with these variances. Chairman Ryder said they were talking about the site plan, and he was talking about plans that will go to the BUilding Department. Attorney Gibson showed Chairman Ryder a plan and asked him if he was talking about that or something more extensive. Mr. Annunziato said he would be very specific about what they were talking about. He was talking about the site plan review City procedure in Section 19 of our Code (site plans, floor Plans, building elevations, landscaping, and an up-to- date survey). Chairman Ryder noted Attorney Gibson said he was Chairman of the Planning and Zoning Board of West Palm Beach and thought he should be accustomed to handling these unless a site plan means something else in West Palm Beach. If it meant what Mr. Annunziato said it is, Attorney Gibson understood what it meant. So they would not have to readvertise, Mr. Annunziato preferred that the motion be to continue the hearing. Mr. Wandelt moved to continue this hearing until such time as the applicant comes back with a site plan. Mr. Hester seconded the motion, and the motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Meadows Square Shopping Center Gerald M. Higier Turks & Caicos Corp., B.V. S. W. corner, intersection of Hypoluxo Road and Congress Avenue Relief from Section 5-141(g)(6), Driveways Mr. Annunziato said this is a request for two variances, initially to the parking lot regulations based upon the sub- mission by the applicant of his site plan. The second one (number of driveWays per street) has been deleted. Mr. Annunziato referred to him memo of JUly 3, 1984 and told the Board Members they were now dealing only with a request for variance of Section 5-141(g)(6), which is the depth of the major access driveway to this project from Hypoluxo Road. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 The staff reviewed the plans and what the applicant is pro- posing and, in their opinion, it was something Mr. Annunziato said they could recommend owing to the fact that the appli- cant does have driveways of 100 foot depth. However, the driveway is split. Mr. Annunziato asked the Members to look at the overlay. He indicated the driveway in question and said the depth they saw from Hypoluxo Road to the north property line was Lake Worth Drainage District,s Canal 18 and forms a major access in and of itself. The applicant proposes at that point, as he enters onto his property, that the westernmost lane turn to the right and the eastern lane adjacent to it continues southward, in effect creating two 100 foot driveways as opposed to one. That was the basis of the applicant,s submission for a request for variance. The applicant submitted a traffic impact statement, accompanied by a letter from Kimley-Horn and Associates, Inc., advising that there should be a concrete landscape barrier constructed separating exiting traffic from enter- ing traffic. Based on that comment, Mr. Annunziato said staff recommended approval of this variance. Mr. Kiernan Kilday, Kilday & Associates, Landscape Architects for the Applicant, 1551 Forum Place, West Palm Beach, Florida 33409, showed on the overlay where the traffic movement would be made. Chairman Ryder asked if anyone wished to speak in support of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the appli- cation. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Hester moved to approve the parking lot variance for the Meadows Square Shopping Center, seconded by Mr. Linkous. Motion carried 7-0. Chairman Ryder announced that Councilman Nick Cassandra joined the meeting. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Seven Eleven Convenience Store Jimenez & Associates Southland Corporation N. W. Corner of Woolbright and Seacrest Relief from Section5~i41~(g)(3) _ Driveways - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Mr. Annunziato said the application before the Board was a request for the depth or distance from the intersection of two collector roads, which is requested to be something less than 180 feet which is mandated, at the proposed reconstruc- tion of the 7-11 Store at Seacrest and Woolbright Road. He thought everyone was familiar with the facility and the condition of the adjoining yard. Mr. Annunziato said the applicant cannot meet the require- ments on either Seacrest or Woolbright Road. Therefore, by design, something less had to be settled for. The applicant is proposing to reconstruct the building on the western portion of the site. The site plan had a darkened area, and Mr. Annunziato said the building would be constructed on the vacant lot next to the lot which is being constructed as a parking lot right now. It is the nature of convenience stores that the driveways and parking be in front of them for them to function. Mr. Annunziato told the Members the applicant was requesting to construct a driveway within 70 feet of the intersection of Woolbright and within 65 feet of the intersection at Sea- crest. Mr. Annunziato could not begin to describe how much of an improvement this is over what apparently existed, at least with respect to driveways. He informed Chairman Ryder they have continuous driveways on Woolbright. The applicant is reconstructingrthe site, defining the curb cuts, the sidewalks, landscaping, and overall improvements. It was the Technical Review Board's recommendation that the variances be approved, noting that there is no opportunity to meet the Code in this instance. Secondly, the removal of the continuous driveways they feel is an important traffic consideration. Mr. Annunziato said the TRB's recommendation is based on a request that the applicant install at the exits no left turn signs because they feel that will be the more critical of the traffic movements. Jose' Camero, Jimenez & Associates, 1312 Coral Way, Miami, Florida 33145, had nothing to add. He agreed with Chair- man Ryder that they are really dressing up the place. Mr. Camero said it is an improvement. They have picked up the landscaping quite a bit. Trafficwise, it is an improvement from what is there right now. Mr. Camero confirmed Chairman Ryder's statement that the old building will come down and they will have traffic stalls there. Chairman Ryder asked if anyone wished to speak in favor of 7-11. There was no response. Chairman Ryder asked if any- - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 one wished to speak in opposition to 7-11. response. THE PUBLIC HEARING WAS CLOSED. There was no Mr. Linkous moved to grant approval of the Seven Eleven Convenience Store's request for a parking lot variance, seconded by Mr. Wandelto Motion carried 7-0. e PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Sterling Plaza Philip Radlauer C. Stanley Weaver, Trustee West side of Federal Highway, 150 feet north of S. E. 5th Avenue Relief from Section 5-141(g) - Driveways Mr. Annunziato called attention to the overlay and said the property is located just to the north of the Gulf Station at the intersection of S. E. 5th Avenue and U. S. 1. There is an old wooden structure on the property. The applicant is requesting that he be relieved from the requirements to have 180 feet from the intersection of S. E. 5th Avenue and U. S. 1 on U. S. 1. That puts his southernmost driveway in conflict with the Code. Staff addressed this, and it was the staff's recommendation that the variance be denied for two reasons. Mr. Annunziato advised that the applicant can meet the Code and has ample opportunity to meet the Code in that he has ample frontage on U. S. 1 where the driveway could be moved northward. Secondly, Mr. Annunziato said the configuration of the median is such that unsafe left turn movements would occur. Mr. Annunziato said it was felt if the driveway would be moved further north, it would remove the temptation to make the unsafe left turn to northbound traffic onto the site. Mr. Philip Radlauer, Senior Partner in the Shopping Plaza proposed before the Board, 3300 South Ocean Boulevard, Palm Beach, Florida 33480, wanted to express their thinking in developing the site and requesting a variance. He said it was a rather difficult site in that they have 235 front feet on Federal and only 180 feet in depth. The site also has a dog leg section running to the rear street° In order to meet the Parking Code and to have a reasonable flow of traffic within the site itself, Mr. Radlauer said they felt the most intelligent use of the property would be to run a driveway to the south side of the proposed construction, which will permit entry and exits from the - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 rear area and directly onto Federal. Moving the driveway further north to meet the Code would make it difficult to move within the site itself. Mr. Radlauer said that, speci- fically, was their reason in requesting a variance. He wanted to give the Board some figures regarding the poten- tial problem of an illegal left turn. Mr. Radlauer said there is a median that extends beyond the site approximately 15 to 16 feet. They propose to start their driveway 7-1/2 feet to the north of their property line. That would bring them about 23-1./2 feet into the property. Since they are going to have a 24 foot wide driveway, any car attempting to enter that would be driving another 12 feet, meaning that one would have to turn left and have to drive approximately 35 feet on a diagonal north- west in order to enter that driveway. It was something Mr. Radlauer considered would be highly unlikely and something nobody would consider doing. He did not feel they were creating a proposed traffic hazard. Mr. Wandelt noted Mr. Radlauer said 35 feet and nobody would ever think of driving it. He asked Mr. Radlauer if he had ever gone west on Woolbright Road almost to Congress. Mr. Wandelt said that is 160 feet, and people scoot around there. Mr. Radlauer said that leaves them with a problem. If they move the driveway 20-1/2 to 23 feet in order to meet the Code, they will have to drive potentially 50 or 60 feet north on a southbound lane. He thought the negative points of view really diminished the flow of traffic within the site itself and it was something Mr. Radlauer requested the Board Members address their interests to. Mr. Radlauer introduced Ralph S. Moe, Jr., A.I.A., 1122 North Dixie, Lake Worth, Florida 33460, and stated Mr. Moe was the Architect on the project. Mr. Radlauer said Mr. Moe had designed a very workable shopping plaza which would be bene- ficial to the neighborhood. Mr. Radlauer truly felt the driveway they proposed was extremely important. As Mr. Radlauer stated, Mr. Moe also doubted that anyone would make a left turn into the driveway. If you move it up another 13 feet, Mr. Moe advised it would be more dangerous. To get the flow into the area, Mr. Moe said it could be run into the parking space on the east side and they could go right around the southend of the building into the parking on the west side of the property for the employees. It would make it a more workable plan. Mr. Moe emphasized it would be very inconvenient to move that up another 20 or 30 feet and move those parking spaces south, have them jog around, and come back to the employees, parking. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Chairman Ryder said they were confronted with a very awkward location for an entrance, and that will cause accidents in the future. He felt the Board had to concur with the Technical Review Board in this instance by denying the application. Chairman Ryder asked if anyone wished to speak in favor of the request. There was no response. Chairman Ryder asked if anyone wished to speak an opposition to the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Wandelt moved to deny the request for variance, seconded by Mr. Schultz. Motion carried 7-0. Conditional Use 5. PROJECT NAME: Childrens Center .AGENT: Barbara Alterman Mavis Payne OWNER: William Hegstrom Peter Fodor LOCATION: Corner of N. W. 8th Street and N. W. 1st Avenue DESCRIPTION: Request to construct a day care center to accommodate 60 children Mr. Annunziato informed the Members this is a vacant lot. He read his Memorandum dated June 27, 1984 which was addressed to the Board. In the third paragraph of page 2,, where it reads, "than locating the driveway on N. W. 8th Ave.," Mr. Annunziato said "Ave." should be changed to "St.~ Barbara Alterman, 198 S. W. ll5th Street, Boca Raton, one of the owners of the proposed school who will be responsible for the school, gave her background to show they are quali- fied to do what they are doing. She has a B.A. in primary education and an M.A. in Urban Affairs. Ms. Alterman told of her teaching experiences and said she taught child develop- ment and education courses at the college level. She is presently operating a day care center in Boca Raton which is owned by the people she is going to go into partnership with in this school. Their backgrounds are 15 years in the day. care business in Toronto, Canada, where they own seven centers. Ms. Alterman said they propose to offer quality day care, which they think is very necessary to the area, and it will be specifically for children between the ages of 12 months and five years. With all of the building going on in West - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Boynton Beach, Ms. Alterman said they hope to fill the need for day care centers. Ann Perry, 717 N. W. 29th Avenue, Delray Beach, is employed in Boynton Beach. She used to work in Boca Raton where her toddler went to Ms. Alterman,s other rescho left her other job, Mrs. ~ ....... ~- ol. When she ~=~z3 as~e~ 1~ Ms. A1 recommend a ~resch-A~ = ..... terman could ~u~ xu =nls a~ea. Mrs. Perry was given a ±1st of schools and was appalled at some of the schools she vis,ted. None of them were on par with Ms. Alterman,s schools in Boca Raton. Mrs. Perry stressed the need for quality day schools in Boynton Beach and the type of thisprograms area. Ms. Alterman and her staff can provide children in Dan Gormley, 4945 Palm Way, Lake Worth, wanted to be on record as saying we need another day care center in the area. He has an 18 month old son about due for a day care center. Chairman Ryder asked if anyone else wished to speak in favor of the request. There was no response. Chairman request.Ryder asked if anyone wished to speak in opposition to the Mr. Norman Barker, 730 N. W. 1st Avenue, informed Chairman Ryder this is one of the newer homes and he has lived here for six months. His main concern was the flow of traffic at 1st Avenue, which seems to be a very narrow street to begin with. Getting out of there to get on Boynton Beach Boulevard in the morning to go to work is very difficult, so Mr. Barker could not imagine an additional 70 or 80 cars in the morning and 70 or 80 cars in the evening picking up and dropping off children on that narrow street. Mr. Barker said 8th Street is not that bad but down at the other end of the street in the morning, where you also have all of the children coming out to meet their buses, it is really diffi- cult. That was his main concern. Chairman Ryder commented that outside of that, they have no traffic to speak of. Mr. Barker said it is a very quiet neighborhood. He has two small children and is very concerned about their safety in the afternoons and in the morning. Right now, they do not have any problems but Mr. Barker felt 70 or 80 cars twice a day would create a tremendous burden on that very narrow street. He said it is very difficult to get out of his own driveway onto the narrow street. Mr. Barker was not against the facility. He was just against the location. With it zoned C-2, Mr. Linkous - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 pointed out it could be another convenience store. Mr. Barker reiterated he was not against the day care center but was worried about the flow of traffic. Mr. John Martin, 736 N. W. 1st Avenue, is right next door to the center, and their driveway would be very close to the front of his house. He was not opposed to the center but said the traffic on that narrow street is ridiculous. Mr. Martin has three small "kids" that like to ride bikes and roller skate. They have no sidewalks so they are forced to go on the road. Mr. Martin said 8th Street is much wider and has better access to Boynton Beach Boulevard. Eventually, if they want to go to Woolbright, they could go through. Mr. Martin did not see how they could force 240 cars a day up and down a narrow street. The traffic was his main concern too. Mr. Martin said they have been in touch with the Lake Boynton Estates Homeowners, and the President of the Execu- tive Committee said they wished the driveway would go on 8th Street. Mrs. Gloria Diana, 740 N. W. 1st Avenue, told the Board Members the proposed driveway would be right in front of her house. She informed Chairman Ryder it would be right across from her house, and she has three small children. Mrs. Diana also has to get out in the mornings, and she expressed that she thought the traffic would be too much. Robert Kuoppala, Architect for the project, of Kuoppala & Associates, 3500 - 45th Street, West Palm Beach, did not know there would be any objections and wished to speak in favor of the project. He explained that they designed the entrance on N. W. 1st Avenue due to the fact that N. W. 8th Street is slightly busier and will be expanded to have more traffic going across than what it has. It will expand out to Woolbright Road. Mr. Kuoppala thought the neighbors, concerns were justified but the people who are dropping their children off are also concerned about their children. Otherwise, they would not have their children in a day school in the first place. They would just leave them home with a baby sitter or a latch key. Chairman Ryder asked if they would drive into the center. He asked what "drop off" means. Mr. Kuoppala clarified that they will drive into the parking lot in one of the 19 spaces provided, bring their child into the school, will walk out, - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 go back to their cars and drive back out. Whether they exit the parking lot from N. W. 1st Avenue or N. W. 8th Street, the people will still have to go to Boynton Beach Boulevard. Mr. Kuoppala did not feel that was any more of a traffic problem than if they exit at N. W. 1st Avenue. Mr. Kuoppala said the people using the facility will be responsible for the safety of all children concerned in the area. One of the requirements from the Building Department is to construct sidewalks along 8th Street and 1st Avenue, which they will comply with and which may help the situation. Again, it is only one piece of property with sidewalks but will help. Mr. Annunziato informed everyone that the County is currently considering realigning Old Boynton Road to exit at 8th Street as opposed to on an angle the way it acts now. The prominence of the 8th Street/Boynton Beach Boulevard inter- section will be such that it will likely be signalized with 8th Street again carrying traffic all the way from Woolbright Road north to Old Boynton Road and eventually to Congress Avenue. Mr. Linkous and Chairman Ryder noted that will eliminate the triangle. THE PUBLIC HEARING WAS CLOSED. Mr. Linkous moved to grant approval of the conditional use for the Childrens Center subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. Land Use Element Amendment/Rezon~ PROJECT NAME: AGENT-. OWNER-. LOCATION: DESCRIPTION: Lake Boynton Estates West Ric Rossi B. D. Rawls, as Personal Representative of the Estate of N. R. Field Immediately east of LWDD E-4 Canal, south of Section 3, Palm Beach Leisure- ville, west of S. W. 8th Street, north of Woolbright Road Request for land use amendment from Recre- ation to Moderate Density Residential, and rezoning from REC (recreation) to R-lA Single Family Residential for a 9.6 acre parcel Mr. Annunziato referred to his Memorandum dated July 5, 1984, addressed to the Chairman and Members. He referred to a subdivision called Bass Creek North, which was composed - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 of all the residential property located east of Leisureville, north of Woolbright Road, through to about S. E. 4th Avenue. The underlying ownership was in three forms. One owner was Kislak. Another was Amerifirst Federal, and the third was the Riley-Field interest. Mr. Annunziato said George Fuller came to the City in a hurry and wanted to develop single family homes. The City advised Mr. Fuller they may be compelled to make a recommen- dation to the City Council that this property revert to acreage. Mr. Fuller suggested that he would be willing to meet all subdivision regulation criteria on a dedication basis (dedicating instruments as opposed to going back and replatting). One criteria concerned recreational uses. Mr. Fuller proposed to meet that requirement by taking the property which lies to the south of Leisureville, east of the E-4 Canal, west of 8th Street and north of WoOlbright Road, and make it into public and private recreation. Mr. Fuller could not make a go of it in this location, and the property reverted back to the fee simple owners. One of the properties has been sold to the First Baptist Church, so now there are still three different property owners and a recreation tract with no basis for existence. The applicant went back to the Riley-Field interest, and it is requested that the property be rezoned to the R-lA cate- gory and single family homes and 7500 square foot lots, which is consistent with the zoning to the east of them and provides for a larger lot and bigger houses than the zoning to the north and west of them. Mr. Annunziato said the Members could see from the overlay the zoning in the area is primarily residential except to the southeast, where there is commercial~ He said there are some comprehensive plan policies which, in a broader sense, are available if there is a need for recreational space in the area. What is inappropriate is the ownership of the land is such that the need is not going to be satis- fied by this developer. Mr. Annunziato read the recommendation of staff from his memorandum. It was recommended that the application for rezoning be approved. Mr. Linkous asked if it was R-lA before Bass Creek Developers amassed all of this property. Mr. Annunziato believed so. Enrico Rossi, Engineer with Rossi and Malavasi Engineers Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach, - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 33409, said they were the ones that drew up the necessary graphics and made the application for the Riley Estate. He thought Mr. Annunziato had summarized the aspects of why this took place. Mr. Rossi said they even went further and submitted with the application a typical site plan of how they propose to use that strip of land. They went one step further and showed how they propose to serve it with water, sewer and streets and gain access all the way to Ocean Drive via N. W. 8th Street all the way to Woolbright Road. The Rileys, in addition to owning this 9.62 acres, which now breaks up into about 16 lots, also own another 15 acres northward to this parcel along the east side of 8th Street, being a part of the old Fuller Bass Creek, which would break down into about 52 lots ultimately. Mr. Rossi said that was not a part of this petition. If they are granted successful zoning, the object would be to go ahead and combine this with the other lots along 8th Street and bring in an integrated plan for possibly 70 lots, which will break out of this entire thing. Mr. Rossi said the plan would provide for an interconnection between Ocean Drive and Woolbright Road, following pretty much the connection that was formerly planned and started by the Fuller people on Bass Creek. The parcel they laid out for 16 lots is about 1600 or 1700 feet long. About 40% of that frontage along the E-4 Canal is made up of lake retention areas which do not show up on the plan. Mr. Rossi explained that there has to be water retention along the E-4 Canal because it is an obvious place to do it to serve the balance of the Riley property. The interface of that portion of the 9.62 acres had a C-2, and all of that portion west of the C-2 would be converted into a retention pond. All in all, Mr. Rossi thought the plan met the requirements of the zoning that was there before the Bass Creek project came about. Mr. Rossi was simply asking the Board to let them do what was originally called for. Chairman Ryder asked if anyone wished to speak in favor of the application. There was no response. A man in the audience asked how large a home would be placed on the lots. Mr. Rossi thought the Code called for a minimum of 1250 square feet. As a resident of Leisureville, usually Chairman Ryder said he would not like to change a zone that is zoned recreational - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 to anything else, but he thought Mr. Annunziato indicated that the City has no choice, and they cannot dedicate this as a recreational area because of what has taken place. Chairman Ryder reminded the Members the request is to rein- state an R-lA zoning. That means about five units to an acre. In Leisureville, Chairman Ryder said they have seven or more to the acre, so they were not downgrading the other side of the E-4 Canal. Chairman Ryder asked if anyone wished to speak in opposition to the request. Mr. Smeltzer, 707 Canal Way, lives in the very last home and asked if the small lake in there will be filled. Mr. Rossi replied that the lake was generated when Bass Creek started. It is the intent of the developer to leave that lake where it is. It will continue to be a retention area. In other words, Mr. Rossi informed everyone there will not be homes built all the way down against Mr. Smeltzer's property. A woman in the audience asked where they will start. Mr. Rossi said it is hard to have a definitive plan at this time. When the site plan comes in, Chairman Ryder suggested that the people might from time to time check with Mr. Annunziato and he will let him know when the site plan comes up, at which time they will know what the layout will be and what the relationship will be with regard to the lake. Mr. Charles Levine, 700 Canal Way, said Canal Way is a private street. Leisureville has a fence. He asked if this corporation would get the idea of coming through a private street. That was what Mr. Levine wanted to find out. He said it is 500 feet from the canal to 8th Street. Mr. Levine said it is all wooded area and sand. Mr. Rossi advised there is no intent to connect that private street with this subdivision. Frankly, there was no provision legally for them to do it. Chairman Ryder informed everyone that Mr. Rossi was involved with Campanelli and the original builders of Leisureville. Mr. Wilson, 1016 S. W. 15th Street, said the last couple of weeks, just south of where he lives, it was all staked out. A bulldozer has been over there, and it looks like they have been filling the lake. The man was talking about north of Woolbright Road, up towards Canal Way where the little lake is. Mr. Rossi had no personal knowledge of any construction activity. - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Mr. Wilson thought it was a shame that the recreational area could not be kept. It looks like they are going ahead, filling the lake, and getting ready. Chairman Ryder advised that they can't because no plans have been submitted yet. The applicant has to go through the procedure of rezoning first. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Chairman Ryder had a letter from Marion Periano, 120 S. W. 8th Place, and copies of letters from Mrs. John R. Schmidt, 704 S. W. 8th Place, and A J. Metlicka, 1108 S. W. 15th Street, Boynton Beach 33435, which essentially said they like what they see and would not like to see any change. Mr. Linkous moved to grant the request for land use amendment.from Recreation to Moderate Density Residential, and rezonlng from REC (recreation) to R1-A Single Family Residential requested by Lake Boynton Estates ~est. Mr. Linkous could sympathize with the people as he said he would like recreation too, but he did not think they had a choice. Mr. Hester seconded the motion, and the motion carried 7-0. Moratorium Variance/Site Plan PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Sterling Plaza Philip Radlauer C. Stanley Weaver, Trustee West side of Federal Highway, 150 feet north 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 sq. ft. strip commercial center on U. S. 1 with parking and landscaping improvements Mr. Annunziato said this is a request for a variance to the Moratorium Ordinance. Accompanying that is the site plan review request. Mr. Annunziato told the Members the build- ing is rectangular in shape and parallels U. S. 1 frontage. The process in this instance involves a recommendation by the City's Technical Staff to the City Manager. The City Manager then makes a recommendation to the Planning and Zoning Board. The Board conducts a public hearing in this regard and makes an advisory recommendation to the City Council. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 In the past when they had these kinds of requests, Mr. Annunziato said they had an opportunity to have a formal review by the Community Redevelopment Agency. In this instance, that did not occur because of the sequence of meeting dates. Therefore, Mr. Annunziato said they were coming to the Board without definitive recommendations from the Community Redevelopment Agency. The City Technical Staff did review this plan and recommended to the City Manager that the plan be approved, subject to a list of staff comments. The City Manager's recommendation to the Planning and Zoning Board is that the request be denied. The basis for his recommendation was in two parts. Mr. Annunziato read the "Recommendation,, from page 2 of City Manager Cheney's Memorandum to the Planning & Zoning Board, dated July 2, 1984. Mr. Annunziato added that the Community Redevelopment Agency is in negotiations with the design firm to prepare necessary zoning regulations and design guidelines which will then be brought before the Council for their consideration and adoption. Mr. Annunziato directed the Board's attention to the plan and said it is a rectangular building and a typical strip store commercial development paralleling U. S. 1. Parking is in front. In this instance, there is an unusual situ- ation where there is a lot which extends east/west at 4th Street. Mr. Philip Radlauer, 3300 South Ocean Boulevard, Palm Beach, Florida 33480, again appeared before the Board. He was gratified that Mr. Annunziato and the Technical Review Board had recommended the adoption of their proposed center. He felt it was a bit incredulous that the City Manager did not. As the Board Members probably knew, Mr. Radlauer said the whole process in attempting to develop something in the moratorium district was prolonged. This started last March, and Mr. Radlauer said he and his architect have had a series of meetings, formal and informal, with Mr. Annunziato, Mr. Cannon, Mr. Hallahan (Urban Forester), and Mr. Hank Thompson. Mr. Radlauer received every indication that this project would receive the approval, backing, and blessing of the City of Boynton Beach. To be perfectly frank, to hear now that it is not interesting was typical, and Mr. Radlauer personally found it most disgratifying. Mr. Radlauer stated they spent a great deal of time, money, and effort in attempting to not only meet but to surpass the - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 normal standards of the City of Boynton Beach. He said this would not be a typical building but a magnificent building. It certainly applies to the area and would have a group of stores and offices which would provide services and merchan- dise which would be most helpful to people in the area. Mr. Radlauer certainly thought by every standard and by every indication this would be a benefit, not a detriment, and it should receive the Board Members' complete and most wholehearted backing. Mr. Wandelt inquired whether the applicant had any tenants lined up. Mr. Radlauer replied that they do not. The build- ing is being built speculatively. Mr. Hester asked if Mr. Radlauer had talks with Mr. Thompson (Chairman of the CRA). In his discussion with Mr. Thompson, Mr. Radlauer said Mr. Thompson stated he liked what Mr. Radlauer was doing and that he would receive a most welcome reception when he appeared before the CRA. Mr. Radlauer said they were prepared for the meeting which was to take place the latter part of June. For some reason unknown to Mr. Radlauer, there was an llth hour cancellation of the meeting. Mr. Moe was advised in about 24 hours of the meeting that it had been cancelled with no indication that it should be rescheduled. The only way Mr. Radlauer could express it was that he found this incredulous. He did not know why they never had the courtesy of a rescheduled meeting or any further discussions. They were simply told to come forth at tonight's meeting. Mr. Radlauer said they were here, completely prepared, with a project that would be most beneficial to the City, the area and to the occupants of the area. ' Chairman Ryder asked if anyone else wished to speak in favor of the request. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the request. Samuel Scheiner, 528 S. E. 27th Terrace, said he happens to be a member of the Community Redevelopment Agency. Frankly, he saw the plan. It had not been before the CRA, but Mr. Scheiner said he certainly would vote against it and he certainly would not approve it. Opposite this particular parcel, Mr. Scheiner said there are several hundreds of families living in Sterling Village. The applicant is proposing something, that would make those people, if they wanted to shop here, get in a car and drive - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 around the drive entrance way. Mr. Scheiner said there is no way that people walking along the street could enter the place unless they walk into the parking field. That is not downtown redevelopment. Mr. Scheiner emphasized that they want to make that street alive, want people to walk that street, and want the vendors to get up near the street so that people can see what they have to sell. Mr. Scheiner said this plan is contrary to the whole philosophy of downtown redevelopment. He asked if the owners of the building are going to have a policeman at the south- west corner of the building where the two parking fields get together. As Mr. Scheiner saw it, there would be a terrible drive situation there. Basically, Mr. Scheiner's own objec- tion was that this building can be placed any place along Federal Highway because it has no relationship to the down- town area at all. Mr. Radlauer could not dispute Mr. Scheiner's personal opinion as to the architectural value of the structure but noted Mr. Scheiner came here stating that he is a member of the downtown redevelopment agency and said the question of the construction never came before his Agency. Since Mr. Scheiner represented himself as an official of that organi- zation, Mr. Radlauer wanted to know whether Mr. Scheiner was aware that they did make application from Mr. Annunziato. He asked that Mr. Scheiner and Mr. Annunziato answer that. Chairman Ryder did not know whether that played any particu- lar part here. In the past, the CRA has considered the application for a variance for a moratorium. Then it has gone on to this Board. In each instance, Chairman Ryder said their recommendations may vary from whatever the CRA comes up with. What Mr. Radlauer found strange was there is a set procedure. He discussed this with Mr. Annunziato on a number of occasions and did everything to prepare to meet that procedure. They had their plans submitted in ample time and actually bent over backwards to do everything possible to make this thing go and make it go in a manner where it would be acceptabe to every City Agency. Mr. Radlauer even had meetings with Kevin Hallahan and made plans to move 22 major trees on the site at great expense. He said they have gone beyond any normal expectation. Mr. Radlauer wanted to find out exactly what happened to this procedure at the end where the meeting was cancelled and they have a gentleman of that Agency stating he was against - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 it. It never came before his Agency but Mr. Radlauer noted this gentleman said it was presented to them. He wanted to know just what happened to the procedure so that this meet- ing could be held. City Manager Cheney responded by saying the procedure does not require that the moratorium issues go before the Community Redevelopment Agency. The applicant has suggested that in a private conversation one Member of the Agency (Hank Thompson) found it supportable and another Member of the Agency (Sam Scheiner) found it unsupportable. It seemed to City Manager Cheney that "kind of" negated the two issues. He said if Mr. Radlauer was going to accept one of those two gentlemen, he should accept both of them or neither of them because the plan did not go before the Agency and is not required to. City Manager Cheney advised that it happened that the last moratorium issues had by coincidence gone before the Agency because the Agency happened to have a meeting. The memoran- dums received in the past indicated very specifically that it was not required for any moratoriums to go before the Agency, but it was a courtesy because there had been a meeting so they had gone before the Agency. If there had not been a meeting, they would not have gone before the Agency. City Manager Cheney said one thing bad in an Ordinance for a moratorium is that it does have to come to him for a recommen- dation. The applicant at no time talked to him even though the Ordinance is very clear that the City Manager gets involved. City Manager Cheney told Mr. Radlauer that he (City Manager Cheney) is involved in it, and he gave Mr. Radlauer a recommendation. In many places in the City, City Manager Cheney said this kind of development has gone on and gone on successfully. They have been working in the City for at least five years to do something about the downtown area, as the character and the atmosphere need improvement. City Manager Cheney told of a Care Committee established by the Chamber of Commerce. For five years the City, Chamber of Commerce, City Council, and everybody have been trying to get to the point where they finally are, which is an understanding of what happens downtown, and City Manager Cheney said it has taken a long time. To have a moratorium is a difficult thing to do in the private enterprise free economy system but City Manager - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Cheney said some months ago it was decided, with Hank Thompson,s concurrence, to have a moratorium so that the Agency and leaders of the City would have time to see what kind of redirection should take place in the downtown. That has been a very tedious but positive process. City Manager Cheney said they have now come to a point where the City Council and the Redevelopment Agency have both felt a direction. They worked out a plan, had a public hearing and a lot of citizen input on the plan, and saw some financial concerns on both the Mayor and Council,s part and the CRA's part as to how they were going to proceed. City Manager Cheney said they have indoctrinated, a T~ax Increment Financing program. Things are now there to make this work, and City Manager Cheney pointed out this piece of land has been sitting there for some time. It for the pro~ert.~ own ......... is difficult ~ I =~ uo not De able to devel when they find a site. ~i~.~ .._ __ op the land ~ ~ ~uunager cneney stated that maybe the potential for developing this piece of vacant land Ks here because of what is happening downtown or because a major piece of the Sea Mist Marina land has been sold. He said there are a lot of developers in the area now looking to buy land. There are a "whole bunch of things- that makes this land now developable when it was not a month six months, or three or five years ago. ' Now that the City has gotten to this point, a few more weeks or months to establish the development, architectural, and aesthetic directions, or whatever is going to come out of the next step of an extensive time consuming process from a public policy point of view, seemed to City Manager Cheney to be a reasonable thing to do on the part of the City. It seemed to him that eventually in this core area of dOwntown, they could expect to have something more interesting and more economically productive than just a strip shopping center with parking on the front street of the City. Until they have the aesthetic design for downtown that the City is probably about to embark on with the services of CityUrbancannotDesignreallyStUdi°'sayCitYthat.Manager Cheney commented that the There will be enough problems downtown redeveloping some of the existing areas (the old Winn-Dixie shopping center). It seemed too bad to City Manager Cheney to take a piece of vacant land and not know the direction they want to go in with that piece of vacant land. City Manager Cheney stated he was asked by the Code to make a recommendation, and he was recommending that they ought to - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 delay this until they get something more interesting, exciting, and which fits into what in a few weeks or few months will be a direction for downtown to take place. He advised that the City should not waste vacant land now but be sure the City finally gets the vacant land to do what the City finally decides they want to do with it in a short while. City Manager Cheney admitted it is a difficult decision to make when you are telling a property owner he cannot use his land for something. He added this is just a little more extraordinary than the basic principle of zoning and planning in the first place. City Manager Cheney informed Mr. Linkous that the moratorium was extended for three months, and he that the City had a public information meeting on the plan at the Civic Center. Everybody was welcome to come. They were all invited. The City had a public hearing on the plan last week. No one was there except two or three citizens who said the plan is important. The property owners had a right to come and be there and raise questions, but City Manager Cheney said they were not there. Therefore, the City has to assume that the directions being taken by the City Council and the Community Redevelopment Agency (CRA) are right. City Manager Cheney continued that a part of that discussion was that maybe if they develop these final steps for the aesthetic direction of the downtown that maybe the City Council will extend the moratorium one more time in order to get to that last difficult time. He thought the downtown would be as important in the long run to the City as Congress Avenue is going to be. Chairman Ryder said he has been attending the CRA meetings, and the plan is moving along. The Council will shortly consider the adoption of the plan. Chairman Ryder indicated this before, but he found it strange that they have a second instance now where the Board is confronted with land that has laid fallow all of these years and suddenly, the City has people coming forward with what they think will constitute the rehabilitation of the downtown area. In Chairman Ryder's opionion, the acceptance of this kind of thing would hinder any real or sound implementation of the plan. In the first instance, Chairman Ryder was vehemently opposed to it because he felt it set a pattern. Apparently, because of what was happening tonight, Chairman Ryder stated that maybe it had set a pattern. As City Manager Cheney - 32- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 pointed out, Chairman Ryder also agreed he could not under- stand moving in advance of the City formally adopting the plan, proceeding with implementation, and giving the plan the opportunity to be developed in the best possible nature. At this point, Chairman Ryder felt it was a mistake when they were so close to the final adoption of the plan and moving with the plan to encumber areas ripe for development with something that perhaps will not fit. Mr. Radlauer wished to be extended the courtesy of asking a question. Firstly, Mr. Radlauer was not disputing City Manager Cheney's or Chairman Ryder's proper functions to make determinations with regard to this and every other plan but, as a taxpayer, applicant, one who has presented funds to the City of Boynton Beach, and one who has worked closely with the officials of Boynton Beach in developing this and who received all good indications that this was an acceptable and desirable project which would enhance the area, he now found himself in the position where he had to defend his actions as if he was doing something to demean the area. In the true case, Mr. Radlauer felt he was improving the area, and he was led to believe that by the various officials. If he has been "hoodwinked,- Mr. Radlauer said that was unfortunate, but he thought he deserved an answer from the officials he asked the question of. He asked why the CRA meeting was cancelled, why they received such late notifi- cation, and what the procedure on this is where a meeting is automatically cancelled and put upon the applicant as if the applicant was remiss. Mr. Radlauer stated he asked Mr. Annunziato if they had their papers prepared in time and never received an answer. Mr. Radlauer asked Mr. Scheiner whether he had received an official notification that they had an application and did not get an answer. Mr. Radlauer noted that City Manager Cheney found him lack- ing in that Mr. Radlauer did not come to a meeting with him. Mr. Radlauer was never advised. He was advised by Mr. Annunziato and proceeded to deal with Mr. Annunziato and present it to him in every manner possible. Mr. Radlauer thought he deserved some answers to those questions and felt he was not going beyond normal good manners in asking them because he felt normal good manners necessitated that he receive those answers. Chairman Ryder found the answers Mr. Radlauer was trying to get totally irrelevant. He did not think they were important to the Board's consideration. Chairman Ryder explained it - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 was the Board's job to consider this and come up with a recommendation for the City Council. Mr. Radlauer asked Chairman Ryder, "You don't feel a person who has made appli- cation deserves the courtesy of an answer?- Mr. Annunziato wished to answer the question. As he mentioned previously, Mr. Annunziato reiterated that the general program involved in these moratorium variances involves a review by the CRA. It just so happened that in lieu of the CRA having a regular meeting the 4th Thursday of the month, they did not have that meeting but instead had a public hearing with the City Council on the 5th of July. Mr. Annunziato said there was no opportunity to bring Mr. Radlauer's plan before the CRA. Mr. Annunziato advised the CRA's Chairman and Vice Chairman of Mr. Radlauer's request so they were prepared informally to comment with Mr. Radlauer or with the Planning and Zoning Board or City Council. Mr. Radlauer pointed out the meetings were changed informal- ly but not formally, so the requirements they had were binding upon them but not on the City. Mr. Annunziato was not sure he agreed with that. He advised Mr. Radlauer one of the formal meetings he was having was the public hearing they were having now at the Planning and Zoning Board, and Mr. Radlauer would have the opportunity to go before the City Council for another plan review. Mr. Annunziato believed he advised that the procedure involved a recommen- dation from the City Manager. Mr. Radlauer said he was not advised of that. Mr. Annunziato informed Mr. R~dlauer that he had a copy of the Ordinance. Mr. Radlauer had a copy of the Ordinance but in working with Mr. Annunziato, Mr. Radlauer was taking Mr. Annunziato, s personal advice. What they had before them appeared to be a great thing, but Chairman Ryder said if you are walking along Federal High- way, you would see a lot of parking spaces adjacent to the sidewalk. He told the Board Members they had a recommenda- tion from the City Manager, which in Chairman Ryder's opinion, was a very valid one. City Manager Cheney pointed out the need for trying to keep them from getting into this area until the City knows where the downtown is going. He asked the Members to keep that in mind. Mr. Hester understood before these moratorium ~ variances are approved, they are supposed to go before the CRA. Mr. Annunziato advised there is no requirement. Mr. Hester recalled that the other one they had went before the CRA, and it was approved. Mr. Hester questioned whether Mr. - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Radlauer was told he should take his plan before the CRA. Mr. Annunziato replied, "Of course, he was told that, when the opportunity presented itself." Mr. Hester noted that the CRA did not have a meeting. Mr. Annunziato clarified that the City advertises these things and has them set to go three or four weeks ahead of time. In order for this request to be on the Agenda, Mr. Annunziato said it was paCkaged by the City Clerk three weeks ago. That was the reason why. Mr. Annunziato said you cannot sit back and say you cannot forward an applica- tion. He felt an obligation to advertise it so it could get to the Planning and Zoningi Board. Mr. Annunziato stated he could have sat back and sa!id he was not going to advertise it because the CRA was not going to meet between then and now. The applicant might h~ve asked why his application was nOt being p~ocessed. If the Board felt it was important that the CRA comment on the plan, Mr. Annunziato suggested that perhaps the Members should continue the hearing or table it, give the CRA the opportunity to review it, and have the application come back to the Planning and Zoning Board. Chairman Ryder wished to impress on the Board that at this late date, he was afraid going with something like this might jeopardize the final, successful implementation of the redevelopment plan. Again, he could not help but feel nothing has happened here over the years and nothing happened in Pineland over the years. All of a sudden, here they are, right at a critical period when the City is trying to come up with something that will rehabilitate the area. In all fairness, as they handled the other one that came before this Board, Mr. Linkous moved to table the moratorium variance/site plan and have the Community Redevelopment Agency take a look at it. Mr. Schultz seconded the motion. At the request of Chairman Ryder, the Recording Secretary took a roll call vote on the motion. The motion carried 4-3 in favor of tabling the request. Mr. Pagliarulo, Chairman Ryder, and Mr. Wandelt voted against the motion to table. THERE WAS A SHORT INTERMISSION AT 9:40 P. M. The meeting resumed at 9:50 P. M. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 B. SITE PLANS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Banyan Creek Ned Marks Banyan Creek Associates, Ltd. West side of Congress Avenue, immediately south of Congress Middle School Request to construct 288 multi-family rental dwelling units on 29.78 acres Mr. Cannon informed the Board Members this is for Phase II to the multiple family area of the Stonehaven Planned Unit Development. He showed the plan and the main collector road which goes up to Knuth Road and the single family area. Paving, drainage, and utilities were approved as a part of the preliminary plat and construction plans. Mr. Cannon said the site plan showed primarily the landscap- ing and the buildings. He said there would be 36 one bed- room, 216 two bedroom and 36 three bedroom units on the site. The buildings are two story apartment buildings with a maximum height of 29.5 feet. Parking is front of all of the buildings. Mr. Cannon indicated the locations of the three lakes. Mr. Cannon said the site plan also had the recreational facilities detailed out. He indicated the main recreational complex for the multiple family area, which had tennis courts, a basketball court, racquet ball courts, a pool, recreational building, and a laundry room. Also, there are some bairbeque shelters on two of the lakes. Mr. Cannon read the staff comments from the Building Depart- ment and Utility Department. Mr. Annunziato explained to Chairman RYder that the initial plan provided for the exact plan that the Members were look- ing at but did not indicate the kind of housing. The kind of housing referred to at that time mentioned condominiums. The question came up at the City Council as to who would be responsible for the maintenance ~and operation of the private facilities. Mr. Satter assured ~the Council it was his and his corporation,s responsibility to maintain the facilities and at that point, they were looking at the site plan. Mr. AnnunZiato said the only thing tlhat has changed is more recreation has been added. - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Ned Charles Marks, Architect, Satter Architectural & Engineering Group, Inc., 2330 South Congress Avenue, West Palm Beach, Florida 33406, said the question about the nature of the housing came up during the original PUD phase. That was their intent, but Mr. Marks recalled that in the event the market would not dictate that type of sales, they would probably consider an option. That was why they made the decision to go to individual meters and change it, as they discussed with Mr. Cessna. If the Members would examine the floor plans, Mr. Marks said the units have not changed from the original configura- tion. They are nicer than what you find in typical rental units. The smallest one bedroom is 850 square feet, the two bedroom is over 1,000 square feet, and the three bedroom is about 1150 or 1175 square feet. Mr. Hester moved to approve the site plan, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes Donald E. Elliott Lennar Homes, Inc. East side of Congress Avenue, south of Hypoluxo Road Request to construct optional screen enclosure to residential units Mr. Cannon told the Members this is a minor site plan modi- fication. Right now, there is a total of about 1,030 units at Boynton Lakes PUD. Some are single family homes and some are townhouses. The site plan shows the option to build a screened enclosure. The modification would preclude the necessity in the future of having to go back and get indivi- dual site plan approval for each of the 1,030 units. There were no staff comments. Mr. Linkous asked if the enclosures are on the existing buildings. Mr. Cannon replied there are developed areas and also undeveloped areas. Mr· Linkous moved to grant the request, seconded by Mr. Wandelt. Motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: L&J Boynton Showroom Joseph Friedes Joseph Friedes S. E. corner of Congress Avenue and - 37 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 DESCRIPTION: S. W. 30th Avenue in Lawson Industrial Park Request to construct a 14,800 square foot showroom and warehouse on 1.234 acres At this point, Mr. Cannon said the applicant proposes to use a part of the floor area of this building for automobile repairs. Under the provisions of the M-1 Ordinance, that type of use requires the approval of the City staff. The Technical Revie~ Board approved the building for automobile repair. Mr. Cannon told the Board Members there will be a store front facade along Congress Avenue. The garage openings, delivery, etc. will be in the rear of the building, shielded from the view of Congress Avenue. Access would be by means of one driveway at Congress Avenue. Parking would be in the front. Mr. Cannon showed the location of a driveway that would go into 30th Avenue and another driveway on 30th Avenue serving the parking 0n the rear. There is sanitary sewer and water to the site. The appli- cant would construct a six inch water main along the rear property and provide an additional fire hydrant. Drainage would be by means of positive drainage through a previously approved drainage easement. The applicant was also required to install a retention to prevent any pollutants from the automobile repairs from going into the drainage easements. Mr. Cannon read the staff comments from the Building Depart- ment, Engineering Department, Police Department, Public Works Department, and Energy Coordinator. Mr. Annunziato advised that Mr. Friedes has been most cooperative with the City's continued attempt to keep the Congress Avenue frontage in the nature of landscaping which is acceptable to the public. Hunters Run and the City's municipal park are across the street. Mr. Annunziato informed Chairman Ryder there would be one driveway on Congress Avenue at the southerly side of the property. Mr. Joseph Friedes, 2717 N. E. 165 Street, North Miami Beach, Florida 33160, had no comments. Mr. Linkous moved to grant the request of L&J Boynton Show- room to construct a 14,800 square foot showroom and warehouse on 1.234 acres, subject to staff comments. Mr. Schultz seconded the motion, and the motion carried 7-0. - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 PROJECT NAME~ AGENT: OWNER: LOCATION: DESCRIPTION: Meadows Square Shopping Center Gerald Higier Turks & Caicos Corp., B. V. S. W. corner of Hypoluxo Road and Congress Avenue Request to construct a 96,300 square foot shopping center on 9.627 acres Chairman Ryder thought the Members were aware of the fact that this matter came up earlier in the evening with regard to a parking variance. Mr. Cannon presented the site plan and showed Hypoluxo Road along the northern boundary of the property, the Lake Worth Drainage District's right-of-way and said Congress Avenue lies to the east. There are two exits to the property from Hypoluxo Road, and Mr. Cannon indicated them. He showed a public right-of-way going into the Meadows PUD and indicated an additional curb cut which the staff recommended. The applicant shows two driveways at major entrances and a service drive going around the rear of the property. Mr. Cannon showed the location of the proposed supermarket and drug store. He said the rest of the store will be retail uses. Parking in front will be 45 degree parking. There will be one way traffic in the 45 degree aisles. Around the perimeter of the site and also to the rear, there is 90 degree parking and two way parking in the aisles. A fire lane is all along the front of the store. The appli- cant is also providing a buffer wall along the south side of the property and also on the west side of the property to shield the back of the stores from the residential areas which will be built in the Meadows 300 development. Mr. Cannon showed the locations of the fire hydrants in the northeast, southeast, northwest, and in the property line on the west side. Water and sewer would also be connected to the water and sewer lines in the Meadows 300 PUD. Mr. Cannon read the staff comments from the Building Depart- ment, Fire Department, Engineering Department, Utility Department, Police Department, and Planning Department, and explained some of the comments. With reference to paragraph 2, of the Planning Department's comments, Mr. Cannon said the Planning Department thought it would be desirable to install continuous landscape barriers with a raised concrete curb between these rows of - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 parking spaces. This would necessitate the redesigning of the parking lot, but from a safety standpoint, the Planning Department thought that would be a desirable solution. Chairman Ryder complimented the Planning Department and the Technical ReView Board on their efforts which are a big help to the Board. ' Mr. Linkous asked if the Code still requires concrete wheel stops. Mr. Annunziato answered affirmatively. Kieran Kilday, Landscape Architect, Kilday & Associates, 1551 Forum Place, West! Palm Beach, Florida 33409 , had Dan °vett, representatiVe! of SoUtheast Shopping Centers, Inc. one of the joint partners in developing the center) with him. Mr. Kilday wished to address the items they have trouble with. He referred to item 6 of the Planning Department,s comments, "Extended curbs are not permitted.- If they are not permitted, Mr. Kilday said they will not provide them but up until now, the applicant was unaware they were not permitted. He said they will get with staff to see what they can do to change that. With reference to Item 1 of the Planning Department,s com- ments, Mr. Kilday said a Publix is going in, and Publix and the drug store alone will take up 50% of the building area being proposed. After meeting with the Technical Review Board, Mr. Kilday went by the Winn-Dixie site that has similar loading and screening. Because the trucks are 14 feet high, Mr. Kilday said the screen needs to be 16 feet high. In order to support a wall of that type, they bridged across from the wall back into the building. Mr. Kilday said they may have some problems with that. Mr. Kilday said it was in the best interests of the developers of Mr. Lovett's group and the developers of the Meadows that the local street that is behind the center be properly pro- tected. They are meeting and talking about various options that will accomplish that. Mr. Kilday's major problem was Item 2 of the Planning Department,s comments. They are aware of the problem from the TRB. Their Architect for the project tried out several options. What they have is 45 degree parking, which is a requirement of their lease with Publix, and it is a require- ment which has come out of Publix's 50 years of experience with different types of parking. Publix likes a one way - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 flow of 45 degree parking because: (1) Visibility is enhanced over 90 degree parking. (2) With Publix's carry-out policy, not such a grade at the back of the cars allows for the help to pull the carts out of the way and out of the travel lane. Mr. Kilday stated they have the same problem because they do not like curb stops either. As it is now, the Code re- quires curb stops. Mr. Kilday continued that their main problem is that in laying out with a landscape island that would be running down each of these rows, they end up coming in 27 spaces short of the required spaces. Chairman Ryder asked if Mr. Kilday meant they were a substitute for individual curb stops. Mr. Kilday replied that they have the island, but they have to pull the spaces out in order to have enough width. He informed Chairman Ryder that the islands serve as curb stops but they take additional space. At this point and time, Mr. Kilday preferred a variance allowing them to have open areas and no curb stops. They discussed that with staff, but Mr. Kilday did not think that was staff's recommendation. In lieu of that, the bottom line is while this kind of layout has definite merits, the City Code has a set of standards that their Architect used to line up the center. In order to accommodate the desirability of the design which Mr. Kilday said was above and beyond the Code, they ended up running short in spaces. Because of that, he did not feel they had that option of redesigning the lot. Mr. Kilday said they will put in the curb stops because they are required, although they do not think curb stops are something they want. Mr. Kilday informed everyone they are the same people who did the Woolbright/Military Trail Publix, and that Publix has the same layout without the curb stops. That would be most desirable but because the Code requires curb stops, Mr. Kilday said they will provide them. They just do not have the physical room to provide the landscape barrier in this lot. Mr. Annunziato made reference to Mr. Linkous continually bringing the problem of curb stops to the attention of the Board and staff. Mr. Annunziato said staff knows there is a lot of concern there, and there was a lot of discussion when the variance request came up before the TRB. He did not feel the problem of being 27 spaces short was the City's problem. Mr. Annunziato said the City has been presented with an issue where they know an unsafe situation may be created. - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 Mr. Annunziato advised that three out parcels are presented on this plan that could be brought into parking, or the building could be made smaller to accommodate this problem. He believed the landscape barrier will solve the problem, and they would still have the angle parking. There was discussion about the requirements of Publix and the City's recommendations. Mr. Dan Lovett, Southeast Shopping Centers, representing the developer, pointed out that it is their concern as well as Publix's concern that this parking space be not only safe but convenient but, unfortunately, they are working on a very compact site. They laid out the site in accordance with the City's rules and regulations. To come back to them at this point and time and impose upon them the requirement of installing these curb stops causes them an economic hardship. They lose 27 parking spaces and 5500 square feet of rental area which, in a compact site like this, is their margin of profit. Mr. Lovett said they are looking at a hardship, and this is above and beyond what they are able to do. Mr. Annunziato mentioned that this was not something that was sprung on the applicant. In his initial conversations with the applicant two months ago, Mr. Annunziato raised this issue. Mr. Lovett recalled Mr. Annunziato said he would prefer to see a landscape strip between the aisles. Mr. Lovett asked who was to say somebody will not trip over the raised curbs with the landscape strip. Chairman Ryder pointed out they are more obvious than the others. When you do away with curb stops, traffic goes all over the place, and Chair- man Ryder explained his comments. Mr. Lovett reiterated that they are laying this out in accordance with the City's standards. He emphasized that the applicant was asking the City not to change the rules on them. Mr. Linkous asked if they realized they would be 27 car spaces short, which would reduce their developable area, at the time they were designing their shopping center. Mr. Lovett replied they did not ~realize when thiey were buying the property that there were going to be more stringent requirements than showed up in the City's Code. Mr. Linkous questioned whether Mr. Lovett checked with the City Planning Department before he designed the building and if he was aware of the various Codes. Mr. Lovett answered that they were designing it in accordance with the Code. Mr. Annunziato's first comment when they came in was that - 42 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 he would prefer to see landscape separation between the islands. Unfortunately, they cannot accommodate that. Mr. Linkous asked Mr. Lovett if he was insinuating that the rules were changed in the middle of the stream. Mr. Lovett replied that they are living by the rules. Mr. Annunziato is presenting in his staff comments his recommendation that they lay out a different way, and Mr. Lovett was saying they are laying out the way the City provides they can lay out. They have used the City's detail and are providing a little wider spacing between the aisles as a means of positional convenience in maneuvering the car in and out. Mr. Lovett stated they believe they have a safe and convenient parking lot as it is shown. Mr. Lovett informed Mr. Linkous that Kimley-Horn was their Traffic Engineer. In their recommendation to the Council, Chairman Reid thought the Board Members were obliged to go along with the recommendations of staff. Mr. Lovett pointed out that this layout does lift the letter of the City Ordinances. The applicant was not asking for any relief to do anything less than the City actually says that they can do. Mr. Annunziato agreed that was correct. Mr. Linkous did not understand. He noted the applicant laid out the shopping center to the letter of the law and asked, "Why the change?" Mr. Annunziato said there was no change. He said there are all kinds of letters to this law, and he was recommending it be done a different way which may be a little safer than the way that was proposed. The way Mr. Annunziato proposed is equally as consistent with the Code as the one before the Board. Experience told the staff what Mr. Annunziato proposed may be safer than the applicant's way. Mr. Pagliarulo moved to approve the Meadows Square Shopping Center site plan subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Seven Eleven Convenience Store Jimenez & Associates Southland Corporation N. W. corner of Woolbright Avenue and Seacrest Blvd. Request to construct a 2,585 square foot convenience store on a .5409 acre parcel Mr. Cannon showed the existing store on the overlay, which is oriented to Woolbright Avenue and has parking in front. - 43 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 The applicant is proposing to build a new store along the western side of the property which would have orientation to Seacrest Boulevard. Parking would be along the north side of the property and also in front of the store. Mr. Cannon indicated the loading bay and said the dumpster would be at the south side of the building. Mr. Cannon said the site plan will allow the applicant to construct the new building while keeping the existing store in operation. Drainage will be improved on site. The applicant will be removing the six foot fence along the north side of the property and putting in a six foot CBS wall. Mr. Cannon read the staff comments from the Building Depart- ment, Fire Department, Utility Department, Planning Depart- ment, and the Energy Coordinator. He advised that Comment 1 of the Planning Department had been taken care of. Mr. Jose' Camero, Jimenez & Associates, 1312 Coral Way, Miami, Florida 33145 stated the applicant has no problem with any of the staff comments and will try to meet them. Mr. Wandelt moved to approve the site plan, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Sky Lake Plat I David DeBoard Oriole Homes Corp. N. E. and N. W. corner of N. W. llth Street and Old Boynton Road Construction of entrance way walls and signs Mr. Cannon said these have already been constructed. He indicated the location of the 4x10 foot signs, which were on platted landscaping easements. There were no staff comments. Mr. David G. DeBoard, Vice President and Broker for Oriole Homes Corp., 1151 N. W. 24th Street, Pompano Beach, Florida 33064, commented that the signs are intended to be permanent identification signs. He added that they have a temporary sign located in front of the sales trailer tha5 they intend to remove at the completion of the project. Mr. DeBoard informed Chairman Ryder that the signs are sandblasted, illuminated signs valued at $900 each. Mr. Linkous moved to approve the construction of the entrance way walls and signs at Sky Lake Plat I, seconded by Mr. Wandelt. Motion carried 7-0. - 44 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 7. PROJECT NAME: Woolbright Corporate Center AGENT: Donald Stiller OWNER: Woolbright Associates LOCATION: 1901 S. Congress Avenue DESCRIPTION: Request to construct a 24,078* (See below. Should be 53,000) square foot office building on 6.16+ acres, plus land- scaping and parking, an~ a request for a height exception of 9 feet for mechanical equipment Mr. Cannon told the Members this is a request for a site plan modification. The site plan was previously approved, which included both buildings. Mr. Cannon showed the loca- tion of the existing building and the second building, which will be a four story office building identical to the first building. He said they are changing the orientation of the building. The building is being rotated 90 degrees counterclockwise. In order to accommodate a bank and drive- in, they are showing drive through lanes and tellers. Three more spaces would be added to the parking. Parking has been eliminated on the north side of the building, and two rows of parking have been eliminated on the south side of the building. Mr. Cannon showed a driveway that has been opened up. The applicant picked up some of the parking that would have been lost by re~onfiguring some of the 10 foot parking stalls to 9 foot parking stalls. Mr. Cannon read the staff comments from the Fire Department, Utility Department, and Planning Department. Mr. Donald B. Stiller, 1901 South Congress Avenue, Suite 203, Boynton Beach, 33435, wanted to correct the record to show that the first building is 53,000 square feet and the second building is 53,000 square feet. He did not want somebody saying they approved 24,078 square feet when the building is 53,000 square feet. Once the first building was up and the traffic was moving through, Mr. Stiller said they found it made more practical sense to do this. The entrance faces north and permitted them to have parking in front. The way it was arranged before, it did not give them parking directly in front. They also removed parking around the building, which elimin- ates the backing up as people are driving around. Mr. Winter requested they put a white arrow on the street to indicate the proper lane people should take. Mr. Stiller - 45 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 agreed and said they were thinking of putting some arrows in the parking lot. He told Mr. Winter they have become aware of that and will improve it. Mr. Wandelt moved to approve the site plan of Woolbright Corporate Center, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 7-0. 8. PROJECT NAME: Sun Bank AGENT: George C. Davis OWNER: Sun Bank - Palm Beach County LOCATION: 2250 S. W. 15th Avenue DESCRIPTION: Request to construct a 1,140 square foot addition to the previously approved site plan for existing bank Mr. Wandelt left the dais and sat in the audience. Mr. Cannon informed the Members this will be in the rear of the existing Sun Bank building. Woolbright is along the northern property, and Lindsley Lumber and Congress Avenue lie to the west. This addition will eliminate four spaces along the rear of the building. However, the site would still meet the Zoning Code as far as parking. The site would be brought up to the current Parking Lot and Landscaping Code and is already substantially in compliance with those Codes. Some additions necessary to bring the site to Code are the installing of a hedge along the northern parking lot, double striping of parking spaces, and putting curbing along the landscaped and sodded areas. The site plan does show some curbing that is not required by the Code, but the Code requires curbing around the landscaped islands that are commonly run over. The site also shows curbing around all ofis not the required driveways, by and the Mr. Code. Cannon wanted to make it known it The only staff comment was by the Energy Coordinator. Mr. Robert Wandelt, 1134 S. W. 25th Avenue, Boynton Beach, had no objections to the staff comment pertaining to lights. They will put the hedge in front. Mr. Wandel~ wished the records to reflect that the Architect indicated curbing all around the drive. He wanted to have that eliminated and said they will do it in the parking area and landscaping areas. Mr. Hester moved, seconded by Mr. Linkous, to approve the site plan of Sun Bank, subject to staff comments Motion carried 6-0. ' - 46 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 C. OTHER Proposed amendments to Section 4F of the Zoning Code and consistency with the Comprehensive Plan Planned Industrial Development/Proposed Uses in the Boynton Commercenter Referring to 91, Mr. Annunziato said this is to remove from the Ordinance reference to heights above 65 feet. The secondary effect would be that these kinds of exceptions would have to go to the Council for a height exception. Mr. Annunziato stated that no Plan policies are impacted by these changes and recommended a finding of consistency. Mr. Wandelt wondered if this meant there would be no more towers like what Motorola has done. Mr. Annunziato thought it meant they would have to secure a height exception by the City Council. Mr. Linkous moved, seconded by Mr. Wandelt, to recommend a finding of consistency with the Comprehensive Plan as to item ~1. As to item #2, Mr. Annunziato said the City has finally reached the point in a Planned Industrial Development where an applicant is requesting that certain uses be permitted. He said it involves approval of the uses by the Planning and Zoning Board. Mr. Annunziato said the agents for Boynton Commercenter sub- mitted a list of items which they felt should be permitted. Mr. Perry A. Cessna, Director of Utilities, looked at the list and coordinated it with the Health Department. Mr. Annunziato looked at the list and they recommended that the list offered be approved but the eight items referred to in Mr. Cessna's memo be precluded from manufacture. If there is a request that those items be manufactured, Mr. Annunziato said they are to come before the City on an individual basis so the City can evaluate the environmental impact of that particular manufacturing process. Mr. Linkous moved to accept the recommendation of the Planning Director, seconded by Mr. Pagliarulo. Motion carried 7-0. - 47 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1984 ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:55 P. M. Recording Secretary (Four Tapes) - 48 -