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Minutes 06-12-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 12, 1984 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Norman Gregory Ronald Linkous Caesar Mauti John Pagliarulo William Schultz, Alternate Robert Wandelt, Alternate Carmen S. Annunziato, Planning Director Timothy p. Cannon Senior City Planner ABSENT Garry Winter, Vice Chairman (Excused) Ezell Hester (Excused) Chairman Ryder opened the meeting at 7:30 P. M. and introduced the Members of the Board. He reported that Mr. Winter has been in the hospital and hoped the Board Members would see Mr. Winter at the next meeting. Chairman Ryder also introduced the Planning Director, Senior City Planner, and the Recording Secretary. He recognized the presence of Mayor Carl Zimmerman; Vice Mayor Robert Ferrell; Councilman Nick Cassandra; Sam Scheiner, Vice Chairman of the Community Redevelopment Agency; and Owen A. Anderson, Executive Vice President Boynton Beach Chamber of Commerce, in the audience. ' MINUTES OF ~,~y 8, 1984 Chairman Ryder called attention to page 12 of the minutes, which pertained to Motorola's antenna tower, and read: "The motion carried 6-1 with Mr. Winter in opposition. Chairman Ryder asked that the minutes be corrected to reflect that Mr. gregory was in opposition and not Mr. Winter. Mr. Gregory confirmed that was correct. Mr. Gregory moved to adopt the minutes as corrected seconded by Mr. Schultz. Motion carried 7-0. ' ANNOUNCEMENTS Mr. Annunziato informed the Members he will be taking his vacation starting July 12th. He will be here for the next Planning and Zoning Board meeting but not for the next City Council meeting which follows it. OLD BUSINESS PUBLIC HEARING Redevelopment Area Variance and Site Plan Ap_proval MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 1. PROJECT NAME: Pineland Plaza AGENT: Digby Bridges OWNER: Pronto Builders, Inc. LOCATION: U.S. 1 between S. E. 1st and 2nd Avenues west side ' DESCRIPTION: Request for a variance to the redevelopment area moratorium and site plan approval to construct a 26,420 sq. ft. retail building plus parking and landscaping. This request was reviewed by the Community Redevelopment Agency and was found to be consistent with the Community Redevelopment Plan Chairman Ryder informed the Members this is just north of the Flagship Bank on Federal Highway. He reminded the Members that this was on the Planning and Zoning Board's agenda awhile back but the applicant requested that it ~be deferred. In considering a variance of the building moratorium, Chairman Ryder explained that the first consideration is an appeal to the Community Redevelopment Agency, which is in charge of the downtown redevelop- ment plan. Following that, the matter comes before this Board with regard to approval or denial of the recommendation; and following that, it goes to the City Council. The original appeal by the applicant to the Community Redevelop- ment Agency was denied on the basis that it was inappropriate at that time to take any action and also the fact that it might not be consistent with the plan that will finally be adopted. The plan will be considered by the City Council on July 5th. Following that, the applicant appeared again before the Community Redevelopment Agency and at this time, the Agency reversed its previous decision and voted 3-1 to approve the granting of the variance, so the Board is faced with it at this point. Mr. Annunziato said four items are involved in the review and approval of this plan: (I) variance to the downtown redevelop- me'bt area moratorium ordinance and (2) the site plan review which accompanies it; (3) request for a variance to the parking lot ordinance; and (4) request for abandonment of a special purpose easement and a prescriptive easement which traverses the property in a .north/south manner where there is an existing utility. As he goes through his presentation, Mr. Annunziato said his comments would be directed to all four of the items involved. Each public hearing will have to be held separately and the recommendations must be arrived at separately. For the Board's edification, ~r. Annunziato said the City Council, at their meeting of June 6, 1984, extended the effectiveness of the moratorium ordinance for a period of ninety days. The moratorium ordinance would have expired on June 6. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 As noted by the Chairman, Mr. Annunziato said the process has evolved into one which requires review by %he Technical Review Board, review by the Community Redevelopment Agency, a recommenda- tion by the City Manager to the Planning and Zoning Board, a review by the Planning and Zoning Board, and a recommendation by the Board to the City Council.who retain unto themselves the ability to grant a variance to the redevelopment ordinance. In this instance, Mr. Annunziato said the Technical Review Board recommended to the City Manager that this application be approved subject to a set of technical conditions. Mr. Cannon showed the plan on an overlay. Mr. Annunziato informed the Members that the building has three frontages where there are accesses to retail space (on the north, east and south). The area to the west remains a service area with a service core which punctures the building and runs east/west and then north/south. Access is by two driveways. (one on 1st Avenue and one on 2nd Avenue). Park- ing ms located on all street frontages adjacent to the street and three building frontages in various areas on the north south and west. ' The landscaping as proposed mee~s the Landscape Ordinance, and Mr. Annunziato said there are some comments as to tree preserva- tion. Mr. Annunziato informed~Mr. Linkous that the Community Redevelop- ment Agency suggested that the application be deferred owing to ~the fact that the redevelopment plan had not been approved and there had not been a set. of land development regulations in effect which may or may not change the highest and best use for this property. Chairman Ryder referred the Members to a memorandum from Peter L. Cheney, City Manager, dated May 1, 1984. Mr. Gregory. asked if the parking spaces were full size parking spaces. Mr. Annunziato replied they are full size parking spaces, which meet the City's Code'. As the Members could see, Mr. Annunziato said the east eleva- tion showed varying architectural touches on the roof. He said it was a one story retail building with glass on three sides and parking in the front. After the Community Redevelopment Agency recommended that the plan be approved by a vote of 3-1, Mr. Annunziato said it went to the City Manager, and he offered his recommendation to. this Board. In the City Manager's memo of May 1, he raised several issues. One was, "Is a one story ~etail facility consistent with the development theory in the current redevelopment plan?" City Manager Cheney also questioned in his memo whether park- ing should ~f~nt on U. S. 1 and if a one story facility is - 3 - 'MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 proper for this locatiOn, given the fact that it is a vacant lot which will more or less be in the heart of the development area. ~City Manager Cheney, in his memo, further questioned whether a different use was appropriate. Mr. Annunziato explained that there are varying kinds of uses (mixed use, offices or the re- location of the parking). · City Manager Cheney recommended that the Board carefully weigh the proposal with other possible developments and the total economic and use impact on Federal Highway. If the type .of use proposed (retail) is acceptable, it appears clear that this particular one ms well conceived and acceptable. Mr. Annunziato read the staff comments from the Building Depart- ment, the Engineering Department, and the City Planner. With respect to 05 of the City Planner's Memorandum of April 17, Mr. Annunziato said their questions concerning the traffic impact had to do with the nature of the requirement for turn lanes. The applicant employed an engineer who reported back that the turn lanes on U. S. 1 are sufficient. However, S. E. 1st and S. E. 2nd Avenues will have to be redeveloped into three continuous lanes from U. S. 1 to S. E. 4th Street to provide for turns (lst Avenue - west bound traffic; 2nd Avenue - easm bound traffic). Parking Lot Variance 2. PROJECT NAME: Pineland Plaza AGENT: Digby Bridges OWNER: Pronto Builders, Inc. LOCATION: U.S. 1 between S. E. 1st and S. E. 2nd Avenues west side , DESCRIPTION: Relief from Section 5-141(m) - Firelanes which require that the fronts of all buildings be ~ unencumbered with parking Mr. Cannon pointed out on the site plan where there is parking adjacent to the building and said they are requesting a variance from the requirement for a fire lane where this' parking is lo- cated. Mr. Annunziato said the developer is requesting a variance to the fire lane section of the Parking Lot Ordinance. Our parking lot regulations require that you cannot have parking abutting a building where there is a building ~frontage. In their interpretation of this and after a review of the plans, Mr. Annunziato said it appeared that the applicant met the intent of the Code. The intent of the fire lanes is that you not have parking where there is access to the building. The way the applicant overcame this is by where you have parking adjacent to the front of the building, there is no access to tenants' space. There are no doors. After discussion, the Technical Review Board recommended that the variance request be approved. The basis for the recommendation was the interpretation of the fire lane section implies that no access to any doors are to be blocked by parked vehicles. - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Linkous noted it was on the extreme southern tip. As he understood it, there would be no access to the building that would obstruct the firemen going in. Mr. Annunziato had only one correction to Mr. Linkous' statement. He pointed out that as you look at the plan, it is on the north and south, but there are no doors and no public or private access if they rent it to retail space. Mr. Schultz recalled that Mr. Annunziato said there was access from the west through the utility corridor. The way he saw it, 1/2 of a parking space is over the utility exit. Mr. Annunziato informed him it is a service corridor. What looks like 1/2 of a parking space is a landscaped area. Mr. Schultz meant north of the utility entranceway. Mr. Annunziato advised that the Ordinance requires that you do not have cars at the fronts of buildings. He said that, in effect, they can block a utility entrance with a parking space. In this instance, the front of the buildings would be the north, east, and the south. The west is a blank wall except for the service corridor. Abandonment 3. PROJECT NAM_E: Pineland Plaza AGENT: Digby Bridges OWNER: Pronto Builders, Inc. LOCATION: U. S. 1 between S. E. 1st and S. E. 2nd Avenues, west side DESCRIPTION: Request for abandonment of a special purpose easement and a prescriptive easement Mr. Cannon showed the overlay. A number of years ago, Mr. Annunziato said the City constructed a sanitary sewer through the property where there was no easement. The applicant is requesting that he be permitted to remove the sanitary sewer, thereby deleting what amounts to a prescriptive easement. If you look at the common boundary between Lots 1 and 2 with Lot 3, Mr. ~nnunziato said the Members would see a special purpose easement which was dedicated by the plat. This is the second which the applicant is requesting be abandoned. The Technical Staff looked at these and recommended they be abandoned as this property would be served by a sewer from the street, not from the site. Therefore, the need for the easement is superfluous. Mr. Annunziato advised that the issues should be addressed one at a time in the public hearing. Digby Bridges, AIA, ARIBA, NCARB, of Digby Bridges & Associates, P.A., 124 N. E. 5th Avenue, Delray Beach, Florida 33444, Agent, said this is intended to be a nice high class development. They are not putting the typical "L" shaped development there. They are putting one that has three nice sides. All of the 7 foot walkway around the building will be covered. Mr. Bridges indicated the access to the shops and the parking on the overlay. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 He showed how the handicapped could go to the shops quite easily. The best trees on the site are two oak trees, and Mr. Bridges~sAid they are being preserved. If the City has an overall landscape plan, Mr. Bridges emphasized that they will work with the City on the plan and with the Community Appearance Board. Mr. Bridges said the idea is that people can come to high class shops and wander in and out of them. He referred to the "Elephant Walk" on Glades Road in Boca Raton and said that is the feeling they are after. Mr. Bridges said it will give a nice, rich feeling to the area, and the clock tower will give unusualness to the building. People will talk about it because it will be an essential focus of the building. Mr. Brides told the Members they carefully studied the overall plan for the City and feel they are within the plan. They also feel, since this is on the outskirts, it will be a nice beginning of what the City is building up to. If they put a four story office block there, they would have two rows of a parking garage there which, in Mr. Bridges' opinion, would be completely out of scale for the surrounding buildings that are there and for what the City is trying to do. Mr. Bridges said they feel it is the best thing for the site and will be a very good development for the area. Mr. Mauti asked if Mr. Bridges was aware of all of the staff comments and agreed to all of them. Mr. Bridges answered that he was aware of all of the staff comment, s and agreed with all of them. Chairman Ryder ask'ed if anyone else wished to speak in favor of the application. Dan A. Colachicco, President, First Equity Capital Corp., 4344 E. Tradewinds Avenue, Lauderdale by the Sea, Florida 33308, stated he works with Pronto Builders, the developer. He reiterated what Mr. Bridges said and told the Members they went to great efforts in studying the downtown redevelopment plan. Mr. Colachicco talked to Hank Skokowski, and they thought they designed their building to the community redevelopment plan. They complied with all of the requests of the Community Redevelopment Agency (CRA) . Mr. Colachicco said the CRA voted to defer a decision on their plan until a later date because the date of .the moratorium being lifted was originally June 6. After the moratorium was extended, Mr. Colachicco said they went back to the CRA and received a positive recommendation from them. Mr. Colachicco pointed out that this was not an inexpensive build- ing. They spent the money to build something that would be good for Boynton Beach to provide the highest and best use. They did a market study that showed that this is the highest and best use for the site. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Colachicco informed the Board Members that their firm won the architectural designing award in Fort Lauderdale twice. He asked the Board to give it a positive recommendation. Chairman Ryder asked if anyone wished to sPeak in opposition to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder has been attending most of the meetings of the CRA. He told the Members there have been instances where variances have been granted from the building moratorium but, basically, they were concerning existing buildings. Chairman Ryder repeated the decisions of the~'CRA and said the second time around, the CRA approved it by a vote of 3-1. The member who opposed it was the onlY ~professional they have on the CRA, and he is a retired architect and architectural professor and teacher. Chairman Ryder pointed out there has been no change other than the moratorium has been extended for another ninety days. He referred to attending meetings of the Council and questions being raised as to what the plan will look like. Although the plan is up for a hearing on July 5, Chairman Ryder said they do not know if it will be adopted at that time. If this is approved, prior to that, regardless of the fact that it looks good, it appeared to Chairman Ryder that could be construed to be a pattern of what the downtown redevelopment plan is going ~to mean. Since the area is undeveloped, Chairman Ryder found it hard to go with anything at this time with the adoption of the plan so close to fruition. He again called attention to the memo from the City Manager. Chairman Ryder referred to the Cove area, which will be the core of the redevelopment plan, and it appered to him that perhaps they would need something else here that would be conducive to that kind of thing. Chairman Ryder did not object to the plan but did object to giving it "the Board's blessing,~ prior to the adoption of the plan. Mr. Linkous commented that 75% of the CRA went along with it. He was sure, since the inception of the Agency, that the CRA probably had looked at more plans than the Board Members could imagine. Whether the CRA saw an artist's conception, Mr. Linkous did not know. He knew the area in Boca Raton that Mr. Bridges..spoke about, and-Mr. Linkous said that is excellent. Mr. Gregory agreed with Mr. Linkous that there was a majority of the CRA who agreed this was consistent with the ultimate objec- tives of the downtown redevelopment and, as pointed out, a market study was made for the best and highest use of the land. From his own observation of what was explained this evening, Mr. Gregory felt this was the type of development that may set the standards for downtown. Also, Mr. Gregory liked the architect. Mr. Mauti was informed by Mr. Annunziato that this was a permitted use, and he commented that the applicant must have a vested right. Chairman Ryder added, "subject to the moratorium." - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Mauti wanted to know why the application was rejected by the CRA in the first place. Mr. Annunziato advised that the applica- tion was deferred. He clarified that currently, the CRA is in the process of extending its contract with Urban Design Studio to prepare a set of land development regulations for the core area of the downtown. Mr. Annunziato was sure this would be in that area. Those land development regulations may have a lot to say in the future about what the highest and best use of this property is. He did not think that anyone wanted to argue with the appli- cant at this time that his analysis of highest and best use, given today's regulations, requirements, permitted use requirements, etc., are probably what is proposed. Mr. Annunziato stated that also, there is a very strong sentiment on this Board and the CRA-that the .man is putting his money up, it is his gamble, and who are they ~o tell him he cannot do it as long as it is a permitted use. The point ~r. Annunziato thought the CRA may have been making was a year from now or six months from now when there are new redevelopment regulations, this may or may not be the highest and best use. Mr. Mauti pointed out that the Board Members only have certain guidelines to work with. Mr. Annunziato replied that the guidelines might change. He stated that everyone thinks it is a fine plan. The question is whether it is the right plan for that location, which was the point Mr. Annunziato thought the City Manager was trying to make. Mr. Schultz asked if they had the exact parking space numbers. Mr. Annunziato replied that they meet the Code. They may or may not have extra parking spaces. Mr. Schultz still saw problems in t~at one parking area behind on the Qest side. He told Mr. Bridges that one parking sDace to the north of the service entrance occupies over hal~ of the service entrance. Mr. Bridges found t.he space on the overlay and Mr. Schultz said he thought they should leave it open to the entrance area of the servi6e. Mr. Bridges said they could leave it open, and it would be no Problem. They have in excess of one space which they can do away with. Mr. Mauti asked if they were discussimg the site plan. Mr Annunziato replied, " · . ' · The site plan an~ variance. The two are inseparable. The parking and landscape are part of the site plan." Mr. Linkous asked if there was a possibility that this could be rezoned in the future from C-3 to C-2~ He referred to a property zoned M-1 that was changed to C-3.whe~e there were a lot ~f - questions. Mr. Linkous wondered if t~ey were obligated to go on with the present zoning, which is C'3l That disturbed him if there was a possibility of it reVeriting to a lesser desirable zoning like ~-2 or even C'i. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Annunziato answered that the redevelopment plan, as currently proposed, proposes that the future land uses to be permitted in this area are retail, office, and hotel (not just in this area but in the core area). There is a possibility this area could be rezoned to a central business district category, and that district might get fewer permitted uses. ~r. Annnnziato said there is also the possibility that parking square footage may be waived or varied to promote a more intense development. He thought the intent of the CRA was to intensify development in this area, but there are no guarantees. At the last CRA meeting where they reversed the decision, Chairman Ryder recalled that finally, the applicant was asked if they would accept certain stipulations in the event they are made on the part of the city. The applicant said they would accept them. In the face of what Mr. Annunziato just said (more work is needed after the plan is adopted such as ordinances setting up central business districts), Chairman Ryder asked at what point can the City come in with stipulations. Presumably if the Plannin~ and Zoning Board approves it and the Council approves it, the applicant is ready to go. Chairman Ryder questioned how they could comply with any stipulations the City might want to add. In. that regard, Chairman Ryder felt it cast a cloud upon the whole thing. Mr. Mauti believed the cloud was over the CRA. If they have a set picture of what they want to redevelop, the CRA should make it clear and also inform the Planning and Zoning Board of what their intentions are. Mr. Mauti said they were looking at the architectural design of the building and it may or may not be with- in the confines of what the CRA wants the redevelopment area to be. Members of the Council have raised the same questions, and that was why Chairman Ryder felt it was inappropriate for the Board to consider it at this time. If it is a positive thing on the part of the developer to make any changes that might come down in the future and it is to his benefit, Mr. Gregory was sure the developer was going to make those corrections. Chairman Ryder added, "provided it does not differ very much from the approVed plan." He did not see how it could be done later on and said they would have to go with what the Council subsequently approves. If it is going to be more intense, Mr. Gregory. said it would obviously be to the advantage of the developer, and the developer would certainly be more than willing to comply with~a more intense atmosphere. Chairman Ryder agreed and said there was no question about the fact that the developer was anxious to move with this and to comply with whatever requirements the Cit~ may lay down but, at this point, the requirements are unknown.' Mr. Wandelt did not see how the Board could act on the unknown and pointed out that it has been approved by the CRA at this time. He also did not see how the Board could look into the future of any possible change. Chairman Ryder said that is why they had a hearing. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Chairman Ryder said the Board Members were to consider the case, make their own decisions, and it would go from there. The Council would have the final word. Mr. Linkous pointed out that there is quite a difference between C-3 zoning (the intended purpose for which the applicant bought the property) and C-1. A lot of .businesses permitted in C-3 zoning are not permitted in C-2 and C-1. Conceivably, that could delete the present plan. If it is denied and then reverts to C-2 or C-l, Mr. Linkous said it would disturb him. If they grant the variance, Mr. Pagtiarulo asked if it will be approved as C-3 zoning. Mr. Annunziato replied, "Yes." Motion on Variance and Site Plan Mr. Gregory moved that the variance and site plan be approved subject to staff comments, seconded by Mr. Schultz. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion, and the motion carried 6-1 with Chairman Ryder objecting to the motion. Mr. Bud Palmieri stated that he, personally, has been involved in this transaction with Pronto Builders and has also been involved in downtown redevelopment situations from 10 to 15 years in Fort Lauderdale and New Haven, COnnecticut. He could see that the Board's decision making process was quite complicated and wanted to congratulate the Board. Mr. Palmieri informed the Members he is the gentleman who will be doing the building and reiterated that they won architectural design awards in Fort Lauderdale in 1978 and in 1981. They are involved in projects in Fort Lauderdale right now with their redevelopment authority. In this particular case, to simplify matters, as far as the dowtown redevelopment of Boynton Beach is concerned, Mr. Palmieri said somewhere it has to get .started. In this particu- lar case, the project that will be developed on that site will be a "bell ringer" for the downtown redevelopment. Motion on Parking Lot Variance Chairman Ryder determined that the applicant had nothing further to say on this matter, and that no one wished to speak in opposition to the parking lot variance. Mr. Schultz referred to his recommendation that one parking space be abandoned. Mr. Mauti and Chairman Ryder agreed that the applicant showed no objection to it, so Mr. Mauti suggested that it be a part of the staff comments. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Linkous asked if Sec. 5-~41(m) pertains primarily to an obstruction from an entrance and asked if there are no doors leading into the building that would obstruct the firelanes. Mr. Annunziato said that was an exact analysis of it. The City staff sat down and discussed it long and hard. Mr. Annunziato said the basis for projecting that section had to do with emergency access to the building. Obviously, if there are no doors, you do not need the emergency access. Mr. Linkous moved to grant relief from Section 5-141(m), seconded by Mr. Pagliarulo. Motion carried 7-0. Mr. Annunziato asked if the intent of the motion was that the applicant would delete one parking space or make arrangements to open up the area of the service corridor (one or the other). The Members answered, "Yes." Motion on A'bandonmen~ Chairman Ryder determined that no one wished to speak for or against the request for abandonment. Mr. Linkous moved to grant the request for abandonment of a special purpose easement and a prescriptive easement seconded by Mr. Wandelt. Motion carried 7-0. ' NEW BUSINESS PUBLIC HEARING Conditional Use PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Wendy's Old Fashioned Hamburgers Fast Food Restaurant MTL Associates Robert & Carolyn Beane West Boynton Beach Blvd. and N. W. 7th Street Seventy-four (74) seat restaurant with drive- thru facilities Chairman Ryder reminded the Members that this is located in a C-2 area. A recently adopted ordinance by the City has per- mitted consideration of this type of facility (a drive-in restaurant) conditioned on certain standards. Following this ordinance, Chairman Ryder told the Members they have a specific request for a specific location. Mr. Annunziato read a Memorandum dated May 31, 1984, which was prepared by staff, and was written by Mr. Annunziato to the Board. He indicated the location on the overlay. After read- ing paragraph 1 on page 2, Mr. Annunziato explained how the site iis~ai~ont. On the east is 7th Street~ Boynton Beach Boule- vard is on the south, and there is parking along the east side - 11 - MINUTES - P'LANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 and along the north property line. The drive-thru facility is on the west side of the building. The speaker phone is on the north side of the landscaped area, as is the truck loading facility and garbage dumpster. The restaurant sits more to the front center of the property. The pick-up window is on the west side of the building. On page 2, after reading that curb cuts on West Boynton Beach Boulevard are prohibited'at this location by Code, Mr. Annunziato thought the Members would recall that you have to have 180 feet at the intersection of rights-of-way lines of two streets that are arterial before you can have a driveway. Before reading paragraph 5 on page 3 of the Memorandum, Mr. Annunziato informed the Members that the applicant is proposing to construct a fire hydrant in the southeast corner of the property to adequately provide fire protection. Before reading the recommendation of staff, Mr. Annunziato said he thought there was no question in anyone's mind as to the conglomerating tendencies of fast food restaurants because they have seen it in several areas of the city. He concluded by reading, "Therefore, the Planning Department recommends that this request for conditional use approval be denied." If the Board recommends that this application be approved, Mr. Annunziato said there is a set of technical recommenda- tions.from the City Staff that should be included in the Board's recommendation. He did not think it was necessary to read them into the record at this time since the Members already had a copy of them and could review them. Chairman Ryder asked th~ applicant to come forward. Russell Chase, Architect, 114 S. W. 10th Street, Fort Lauderdale, representing his client, Wendy's Old Fashioned Hamburgers, said he listened to Mr. Annunziato's comments regarding his review of the site plan and also at the workshops they have had. Mr. Chase understood some of the things, and other things he did not understand. Mr. Chase told the Board they.have done several traffic impact studies on a number of Wendy's restaurants in the Fort Lauderdale area ~nd the Palm Beach County area. With no exception do they have any restaurants that has the traffic impact Mr. Annunziato has indicated, although Mr. Chase was sure Mr. Annunziato's traffic impact study was done on recommended traffic impacts for fast food restaurant oper- ations. Mr. Chase said their traffic at .the highest peak time of the day runs somewhere around 150 to 185 depending on the location of the restaurant. The total traffic impact is in the - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 neighborhood of between 500 and 600 cars per day, some of which are sit down people and some drive-thru people. The impact study was done by all traffic entering and leaving the property. If the Board Members have been to any of Wendy's fast food restaurants, Mr. Chase thought they would be aware of the fact that they are not a nuisance operation in the neighborhood. They do have the buffer zone with the wall and landscaping where they abut residential neighborhoods. They are maintained in an .orderly fashion, so Mr. Chase did not think anyone would find, ~if they were on the property itself, an odor offensive or a detriment to any of the abutting property owners at any of the locations Wendy's occupies. Chairman Ryder said there is a Wendy's on Gulfstream Boulevard in Boynton Beach but it is in a commercial zone. Mr. Chase continued by saying they have attempted to meet the requirements set forth on the recommendations of the different Building Department officials and also in the work- shops they went through. He is aware of the staff comments and believed they addressed most of the comments. Mr. Chase said the comments they have not addressed can be picked up at final approval. Members of the Board did not wish to direct any questions to the applicant. Chairman Ryder asked if anyone wished to speak in favor of the proposal. There was no response. Chairman Ryder asked if anyone wished to speak in opposition. Harold Werger, 1306 N. W. 7th Street, President of the Laurel Hills Homeowners Association, lives right down the street from where the restaurant is going to go and was speaking for the Association. He stated that the restaurant w~ll be right at the foot of the 1-95 ramp. With Gold Coast Engineering there which has a flow of traffic going in and out, Mr. Werger said they have an awful time getting out on Boynton Beach Boule- vard from N. W. 7th Street. Not only morning and night, but there are times during the whole day that the traffic is very heavy there. Mr. Werger referred to Sky Lake and the Mall', which will add to the congestion and confusion of Boynton Beach Boulevard. If the restaurant is put there, he said traffic from the restaurant will slow down along the curb. Fast traffic will move to the left, and the slow traffic will try to cut in to go into the entrance of the restaurant in the two locations. With traffic coming out of N. W. 7th Street, Mr. Werger said some of that traffic will be backed up on Boynton Beach Boule- vard coming west. Coming east, traffic will be backed up on - 13- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 an island that is there and may take up one lane of Boynton Beach Boulevard because all of this traffic cannot get into N. W. 7th Street. Traffic will be going in and out and coming down the ramp, so Mr. Werger thought it would be "one congested mess". Mr. Werger stated they are against it because of this. Mr. Werger said the Association is having problems now. They were informed that a light cannot be put in because it is too close to the ramp but they are talking about putting a light at Old Boynton Road. If they put a light at Old Boynton Road, Mr. Werger said the traffic will be backed up across N, W. 7th Street, and nobody will be able to get in and out let alone all of the traffic and confusion the restaurant will cause. Mr. Werger stressed that the Association was against this because the restaurant generates too much traffic for that lo- ca~ion.~ · Mr. Linkous asked Mr. Werger if traffic was the only thing that concerned him. Mr. Werger answered, "No." He said another woman from Laurel Hills would speak on the other objectionable areas. Mr. Werger thought Mr. Annunzia~o had gone over it quite thoroughly. Alice'Quest, 1312 N. W. 7th Street, said their property abuts the industrial area. She told of a problem they have with children on dirt bikes, drag racing, garbage thrown there, and people dumping there. A fast food restaurant there will make it very easy for them to have a whole day doing that. She referred to traffic at N. W. 13th AvsRue also. Ms. Quest was very much against this. Mr. Grady C. Boswell, 1667 Citation Drive, West Palm Beach, owns the first house off N.~!W~ 7~h Street that backs up to the proposed restaurant. Chairman Ryder said the Members had his letter. Mr. Boswell said their house is rented out now but they hope to move into it very soon. They have a very nice screened porch in the back of the house. He thought the noise, lights, and speaker would take away from the value of his house considerably. Mr. Boswell said their lot is only 75 feet deep, on the west side of the street, and would back up to Wendy's. .He was informed by Chairman Ryder that there would be a wall. Mr. Michael Munro, 1021N. W. 7th Street, referred to the island on Boynton Beach Boulevard for the traffic heading east, which was mentioned earlier. He pointed out that the island is an angle island which only allows for one car to pull in there. Mr. Munro asked Mr. Annunziato if it has to stay like that. Mr. Annunziato did not know whether it could be changed or not but said it is not proposed to be changed. If it is not changed, Mr. Munro said that meant if you had more than one car heading east turning into Wendy's or N. W. 7th Street, the remaining cars would still be on Boynton Beach - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Boulevard. Mr. Munro did not think N. W. 7th Street itself was wide enough to accommodate two lanes of traffic coming in and out because it is a narrow street. He called attention to the fact that they also have the traffic for Texaco going in. Mr. Munro believed at some point there will be a proposal changing the Texaco station and redesigning it so there definitely will be a traffic problem. Right now, Laurel Hills has roughly 280 homes, and Mr. Munro assumed 3/4 of those use N. W. 7th Street to come and go. There are two other exits, one of which just opened up with Sky Lake onto Old Boynton Road, and there is another road on the west side of Laurel Hills which goes out onto Old Boynton Road. Chairman Ryder asked Mr. Munro if he noticed traffic coming from the west and going into this slot. He asked if some of it goes into the Texaco station. Mr. Munro works during the day so mosm of the traffic he sees is at night. Most of the people are going home. The Texaco station is not that busy. They do not have a steady stream coming and going. Like Mr. Munro said, there is a 45° angle which is enough room for one vehicle only at the island. Chairman Ryder was wondering how much of that goes to Texaco. There is no~t too much traffic going into Texaco now, but if it is redesigned like · · he understands mt is going to be, Mr. Munro said once the Mall goes mn, there wil~ be a lot of traffic going into the Texaco station, which will make it a lot more difficult for people heading east ~rying to turn into N. W. 7th Street to cut across if they do not put a light in there and do not redesign that turning lame. He emphasized that they will have a real heavy traffic pattern then. Mr. Munro informed Mr. Mauti that there are three roads out of this area: N. W. 7th Street, a new road Coming off of N. W. 13th Avenue which may not be on the map yet, and another road on the west side of Laurel Hills. The new road is just east and parallel to the E-4 canal and will be cutting through Sky Lake. Of the 280 homes there, Mr. Munro assumed 75% of the people in Laurel Hills will use N. W. 7th Street. Chairman Ryder read a letter from Marian L. and Joseph M. Samson stating they are opposed to the placing of Wendy's on the corner of N. W. 7th Street. The letter stated that the problems such a business would make for nearby residents are self evident and if the City permits this, it would be the first step towards inner city blight. Chairman Ryder further read that the City may get a good tax base but it will eventually be decreased because those adjacent to the property will sell to people who do not care if there is debris, noise, and traffic problems. - 15- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Schultz asked if the purchase of the property was subject to zoning. Mr. Annunziato thought the answer was affirmative that it was subject to securing a conditional use. Chairman Ryder noted an Agent and an Owner were present and asked that someone make it clear. Mr. John Lynch, 1290 N. E. 4th Court, Boca Raton, came forward and said the sale of the property is contingent upon the issuance to them of a building permit. As he understood it, the approval is for a drive-thru window. At present the zoning allows a restaurant. ' There was discussion as to what the question was. Mr. Wandelt said the question was whether the zoning was contingent to the purchase. Mr. Linkous advised that the zoning is allowed with unconditional use. Chairman Ryder said it could be considered as a conditional use providing it met the specified standards. ~r. Gregory wanted to know what equity they had in the property and whether or not it would be a hardship on their part. Mr. Lynch replied that their purchase agreement stipulates that they will obtain a building permit for Wendy's Old Fashioned Hamburgers' drive-thru restaurant. Originally, the zoning allowed the restaurant without a drive-in. Mr. Annunziato advised that it still does. Mr. Linkous said this is the only east/west road that goes from 441 to the ocean and was established as a major road by the Department of Transportation when they.agreed-to move the bridge from Ocean Avenue to Boynton Beach Boulevard. He believed there was concern too by the Chamber of Commerce try- ing to get exit from the turnpike. Mr. Linkous could sympa- thize ~ith those neighbors but did not believe you could stop progress. Mr. Schultz asked if the C-2 zoning of this property had been in effect long. He was asking if there had been a change in zoning in the last year or two. Mr. Annunziato answered, '~No. At least since 1975." What Mr. Schultz was saying was that the people in Laurel Hills knew for a long time that this was a commercial piece of property zoned C-2. In the same aspect, Mr. Mauti pointed out that the rest of it was too and the Board did, contrary to his objection, allow the gas station to be accepted. Now they have this situation where it does infringe on some of the benefits of the adjacent residential neighborhood. He was emphatic about disturbing the residential neighborhood. Mr. Mauti stated he was opposed to it and will never agree to it. Mr. Linkous commented, "In other words, you are against progress." Chairman Ryder did not see how they could correlate progress with this particular thing. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Mauti said there was no question about the fact that Wendy's can have a hamburger restaurant without the drive-thru. It is a permitted use but when it affects the neighborhood, he thought they should consider it thoroughly. Mr. Mauti noted the neighborhood is opposed to a drive-thru and said it will be a hazardous situation as far as traffic is concerned. Mr. Gregory asked Mr. Annunziato what remedies, for the bene- fit of the community, they might ask the developer to participate in in order to make the project more probable. Mr. Annunziato thought the primary concern the developer should have was traffic. The secondary concerns, which are also very important, are the kind. of economic impacts which occur to residences as a result of the kind of impacts associated with high turnover restaurants. Mr. Annunziato said there is a lot of noise associated with car doors closing and opening. Hours of oper- ation are extended; you have a lot of car lights and odors. Mr. Annunziato said the remedy is to remove the nuisance as far away from the residential area as you can. However, they are only dealing with a depth of 150 feet so he did not think it was possible at this location. Mr. Annunziato did not think the problem of traffic could be overcome and said they are dealing with a Palm Beach Farms Co. Plat road. There is thirty feet of right-of-way there. As Boynton has developed, that became the main artery serving the Laurel Hills area. In theory, a development of that size should be served by an 80 foot collector with possibly 3 or 4 lanes of traffic intersect- ing the arterial. That cannot happen at this location. Mr. Annunziato said there may have to be other kinds of solutions to traffic in order to solve the existing Laurel Hills problems. Mr. Linkous asked if Mr. Annunziato was talking about 80 or 90 feet from Boynton Beach Boulevard north to the entrance of Wendy's on N. W. 7th Street. Mr. Annunziato informed him it is about 30 or 40 feet. Mr. Pagliarulo asked what the impact was on vehicles on having a drive-thru versus not having a drive-thru. Mr. Annunziato said the problem is generally with peak hour trips. He believed Mr. Chase said they would anticipate anywhere from 150 to 180 peak hour trips. Mr. Pagliarulo asked if that would not be caused directly from the drive-thru itself. Mr. Annunziato replied, "Generally." Mr. Lynch informed the Members that 30% .of their traffic is drive-thru. ~r. Linkous was 'informed by Mr. Lynch that their Architect, Russell Chase, did the traffi~ counts. Chairman Ryder explained that what they have here also is a condition where they have traffic from the off ramp of 1-95 going west coping with the through traffic. Within a short distance you have N. W. 7th Street. ' - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Annunziato said there were two other aspects of this that should not be understated. He did not think it was possible to understate the conglomerating tendencies of fast food restaurants and used U. S. 1 as an example. ~i~r. Annunziato guaranteed that where you have one fast food restaurant, you will probably have three. Even if one. consumes 7% of the capacity of BoyntOn Beach Boulevard, Mr~ Annunziato said you have to begin to compound just. the sheer numbers of trios which will be taking away the capacity of Boynton Beach~ Boulevard, to say nothing of the peak hour movements. Mr. Annunziato said secondly, they were dealing with a C-2 zonina classification, and he brought this out at the time the ordinance was being addressed. C-2 is intended to provide a limited number of retail service facilities to accommodate the needs of one neighborhood. Mr. Annunziato did not think anyone would argue that a restaurant with a drive-thru facility is there primarily because of the traffic that is generated on the highway. Its' market area is not at all intending to serve the neighborhood. The market is directed to the sheer numbers of automobiles on the highway. Mr. Linkous noted ~r. Annunziato mentioned each individual per- mit will stand on its own basis, and he stated that he would think each piece of property would stand on its own merits. Mr. Annunziato commented that Mr. Linkous' point was well taken. Chairman Ryder referred to the Holiday Inn and the mingling of traffic there. He said this was a critical point and similar to what is on the other side. ~r. Linkous did not believe there was any problem at the Holiday Inn. The point Chairman Ryder was making was it is a curb cut. Mr. Linkous moved to grant the conditional use to Wendy's Old Fashioned Hamburgers, subject to staff comments. Mr. Pagliarulo seconded the motion. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. The vote was 5-2 against granting the conditional use. All of the members voted against granting the conditional use except Mr. Linkous and Mr. Pagliarulo who voted for granting the conditional use. Mr. Annunziato thought there should .be a motion in the positive, so that a positive recommendation could go to the City Council. Mr. Wandelt moved, seconded by Mr. Mauti, to deny the conditional use requested by Wendy's Old Fashioned Hamburgers. Mrs. Ramseyer was a~ain requested to take a roll call vote. The vote was 5-2 in favor of denying the application for conditional use. All of the member.s Voted in favor of denying the appli- cation except Mr. Linkous and Mr. Pagliarul'o who voted for the application and granting the conditional use. THE BOARD RECESSED AT 9:10 P. M. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA The meeting reconvened at 9:17 P. M. JUNE 12, 1984 SITE PLAN MODIFICATIONS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Hunters Run Golf and Racquet Club Tract J Charles Gilbert Summit Associates, Ltd. Southern portion of Tract J, fronting on Clubhouse Lane Additon of model unit to sales center Mr. Cannon said presently the sales center is located immediately north of the main club house. It has ten models~and a sales office. There is a site plan modification to allow for the construction of one additional single family detached model house. Since this is a Planned Unit Development, Mr. Cannon explained that all modifications to the site have to go before the Plannin~ and Zoning Board and the Council. Mr. Cannon said the Technical Review Board recommended approval of the site plan, and there were no staff comments. Mr. Charles N. Gilbert, Architect, 3500 Clubhouse Lane, Boynton Beach, Florida 33436 indicated on the overlay where the sales office would be and the models. Mr. Gregory moved, seconded by Mr. Linkous, to approve the site plan. Motion carried 7-0. PROJECT NAME: AGENT: O?~ER: LOCATION: DESCRIPTION: Boynton Beach Mall - Burdine's Mike Greer/Charles O'Brien Boynton- JCP Associates, Ltd. 801 North Congress Avenue Construction of a 220,660 square foot, two story department Store at the.Boynton Beach Mall plus parking lot, landscapina and utility modifications ~ Mr. Cannon showed the Site plan for the entire mall and the location of Burdine's department store. Each of the major department stores have to go through site plan approval. J. C. Penney and Lord & Taylor have gone through site plan approval. This is the third major department store. The mall .is settling on five major department stores. Originally, they had shown five department stores with an optional six department stores. At this point, Mr~ Cannon said they are going with five department stores which have been expanded in floor area and they are eliminating the optional sixth department store. Burdine's will contain a total of 220,660 square feet of floor area. Mr. Cannon showed an outline of the department store. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Cannon said there is a maximum of 35 feet to the roof line. In addition, there will be a 57 foot sky light spire on the top center of the building. There is unusual screening for the mechanical equipment and air-conditioning on the roof which will be 12 feet high. The projections from the top of the roof line go above the 45 foot height limitation and will require a recommendation on the part of the Planning and Zoning Board as far as granting the height limitation. Mr. Cannon said the site plan shows the possibility of expand- ing the store further south. With the finalization of the outline of this store, the applicant has had to move some of the aisles southward and also change the location of utility lines along the southern edge of the mall. The comments of the Utilit~ Director address these utility lines. As far as the exterior of the building, Mr. Cannon said the applicant can probably explain it better. He read the staff comments from the Fire Department and'Utility Department. Mike Greer and Charles O'Brien, Heery & Heery, Architects and Engineers, Inc., 880 West Peachtree Street, N. W., Atlanta, Georgia 30309, and Harold F. Robinson, Vice President, Burdine's, p. O. Box 015329, Miami, Florida 33101 wanted to explain their plan. They had a model on the table. Mr. Greet said Burdine's Was looking for something different and chose a green scheme. The model showed a tall ficus benjamina hedge. The project will have built in sculptures because the hedge will break up into sculptures as it goes around the building. The sculptures will be recoqnized as a product shape. They do not know now what the sha~es will be but they think they might show high heel shoes or something Burdine's will sell. Vines will cover the sculptures and four or five years down the road, the Dostive shapes will become green topo areas. - Mr. O'Brien said the building is precast concrete He showed lattice work that-will da some screening and said eventually flowering vines will serve to screen. Mr. O'Brien indicated the loading dock and the locamion of the utilities. When the building is first constructed, Mr. O'Brien said the precast concrete panels will show because it will take four or five years for the vines to cover them. Eventually, everything will be covered in green. Mr. Robinson told the Members the 'building will be beautiful from the first day. A good portion of the greenery will be developed. Mr. O'Brien showed pictures of ficus benjamina in this area. They spent time making sure it will stay looking neat and will not get unkempt. One reason they chose the ficus benjamina was they tried to pick out plants they would only have to maintain once a month. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNT©N BEACH, FLORIDA JUNE 12, 1984 Mr. Schultz was informed the building will be 35 feet high. With the mechanical equipment, it wiit be app'roximately 47 feet high, so they are asking for a two foot variance there. Mr. Schultz was also informed that the cone is 57 feet above the roof level. Chairman Ryder asked what the function of the cone will be. Mr. Greer replied that they felt with the changing organic facade with the building becoming green all the way around, growing and changing, they needed something architectural to identify the building. Mr. Robinson explained that typically, in the center of their stores where they have their cosmetic counters, they normally like to bring light in. This will · do it. Mr. Greer said it is the same shape as a Norfolk pine. The material of the cone will be between tinted and milky white, and it will be transparent. Mr. Robinson added that there will be a soft glow at night. There will be no flashing' lights, rotating lights, or anything of that nature on it. Mr. Gregory asked if they considered whether there would be any problem with aircraft. Mr. Greer contacted the FAA. It is less than 200 feet, and there are no airports in the immediate area, so they do not need any lights to warn airplanes. Chairman Ryder said the Board has granted extensions beyond 45 feet with regard to mechanical equipment. With regard to the cone, they have ~lso~gone with those but primarily on church steeples and radio towers. For the CoUncil's sake, Mr. Annunziato suggested~.~ differentiation be made between the mechanical equipment, which is a somewhat standard thing, and the cone, which is somewhat different. He reminded the Board of the staff comments, which should be addressed in the motion. Mr. Linkous was informed by Mr. Robinson that the cone is a functional sky light. Mr. Mauti asked if Mr. Greerwas aware of all of the staff comments and agreed with all of them. Mr. Greer confirmed that he was aware of the comments and agreed with all of them. ~[r. Gregory moved to approve the site plan subject to staff comments, seconded by Mr. Linkous. Motion carried 7-0. Mr. Annunziato asked if it was implicit in the Board's r.ecommendation that they are recommending to the Council to approve both height exceptions. He was answered in the affirmative. - 2i - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 SITE PLANS PROJECT NAME: AGENT: O~ER: LOCATION: DESCRIPTION: Boynton Commerce Center Office Complex Fred Jay Popper Boynton Commerce Center, Inc. 1600 Corporate Drive Construction of 249,600 square feet of offices in four buildings plus landscaping and parking Chairman Ryder reminded the Members that this is located at Woolbright Road and 1-95. Mr. Cannon presented the plan and said the location is on the S. W. corner of Woolbright Road. Interstate 95 lies about 200 feet to the east, and the Seaboard Airline Railways lies along the eastern side of the property. A C-3 parcel is in front of the property.in question, and Mr. Cannon pointed to its location. A C-1 zoned parcel is in front of the property on the northwest. They are under separate ownerships from the Planned Industrial Development (PID) itself. Mr. Cannon said the site plan on the overlay encompassed about the northern one-third of the industrial park. The remainder of the park will be developed for warehouses and industrial buildings. He had a blow-up of the office developments. The site plan consisted of four office buildings ranging in size from 52,800 square feet to 67,200 square feet. The buildings are four stories high and go to the maximum 45 foot height limitation. The site plan also showed the ensrance consisting of the walls of the entrance and the plantings. Water and sewer have been installed as part of the subdivision improvements. Corporate Drive runs along the western part of the site. Drainage would'be primarily a retention pond in the northwestern part of the site. Originally, there was some concern about the effect this storm water run off would have on the quality of water coming out of the City's public wells in the vicinity. Mr. Cannon told the Board Members that the County Health Depart- ment voiced some concerns. That problem since has been stUdied, and the County Health Department agreed with the conclusions of the applicant's Consulting Engineers that there would not be a problem as far as the water quality of the Wells. Mr. Cannon read the staff comments from the Engineering Depart- ment. The second comment from the City Engineer referred to an access easement that was shown on the plat. ~r. Cannon indicated the location and said the original concept was to have another row of warehouses there and a row at another location. The concept since then has been changed. Mr. Cannon clarified that the City Engineer is asking that this access easement is not going to be utilized by the applicant. It is a private easement dedicated by the applicant to the users of the park. It is no~ a public access easement. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Cannon then read the staff comments from the Utility Depart- ment, the Public Works Department, and the Planning Department. Fred Jay Popper, Architect, 2100 Corporate Drive, Boynton Beach, Florida 33435 said. they are proposing to build four office buildings which will be glass with concrete panels. Two of the buildings will be all glass, and they submitted renderings of the all glass buildings. Part of the building complex will have open terraces on the top floor and greenhouse areas on the first floor. Mr. Popper said they will comply to all of the staff recommendations. Chairman Ryder informed Mr. Popper that this is the first instance of a PID for Boynton Beach. He asked what the correlation is between the industrial buildings and the office buildings. Mr. Popper said there is a correlation. They have a feeling there may be future tenants that will need office space as well as a warehouse industrial area so the correlation of the two types of buildings is good in that they can provide space for tenants for somebody like IBM that would require large amounts of office space and yet need some industrial area. Mr. Popper replied affirmatively to Chairman Ryder's question as to whether he felt it was an adjunct to the industrial development. Mr. Popper told Mr. Linkous the buildings vary in size, are strictly offices, and there will be no retail. Mr. Cannon brought the renderings forward for the Members to see. Mr. Schultz was assured by Mr. Annunziato that he was correct in saying there is only one entrance and exit to the entire place. Mr. Annunziato said it is a four lane, divided entrance and exit. Mr. Schultz was surprised that the Police and Fire Departments had not made any comments. Mr. Annunziato advised that significant comment was made at the time of the zoning, and the roadway configuration that the Members saw was a result of the traffic impact statements. If there is a problem, Mr. Annunziato said it occurs at the intersection. That is where you have the need for a free left and a free right to lanes exiting the property and a need for extending the left-turn lane on the east approach and the need for a traffic signal. All of those things are provided for. What concerned Mr. Schultz was not the four lanes for the four buildings but the four lanes for the four bUildings and ware- housing (trailer trucks, particularly). He asked if there would be an exit from S. Wi 23rd Avenue. Mr. Annunziato answered, "No." Mr. Schultz pointed out that everything will come there: trailer trucks, private cars, etc. Mr. Annunziato said there is a down ramp for westbound traffic off 23rd Avenue but it is unaccessible. The Members agreed that you cannot get there. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Popper indicated the two warehouses that are under construc- tion. Five warehouses are proposed at the back of the site and four Office buildings at the far end of the site.. Chairman Ryder recalled that the City made a commitment that at the time the plan was adopted, the applicantl would have effective screening on the westerly side. He said that was something the people in the area will be concerned about. Mr.'Mauti noted that was in the staff comments. Mr. Annunziato informed the Members this plan has been "in the works" since 1978. Mr. Popper confirmed for Chairman Ryde~ that he is well aware of the staff comments and has no quarre with them. Mr. Linkous moved to accept the site plan of Boynton Commerce Center Office Complex subject to staff comments, seconded by Mr. Pagliarulo. Motion carrried 7-0. PROJECT NA~: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Professional Plaza Richard Reilly FMED Realty Woolbright Road East of Congress Avenue Construction of an 81,213 square foot office building plus landscaping and parking Mr. Cannon said this is an "L" shaped parcel of property that lies on the south side of Woolbright Road. He indicated the property on the plan, the Sun Bank, and said further to the west is Lindsl~y Lumber. The property sort of wraps around the rear of the Sun Bank and does not front on ConGress Avenue. However, there is an access easement, which Mr. Cannon pointed out. The four story building is located on the northern portion of the propert~ and it is an office building-. Mr. Cannon showed the location of a Leisurevitle drainage canal and said.immediately across that are platted, single family lots. Mr~ Cannon continued by saying there ate two entrances on Wool- bright Road. He indicated the major parking lot areas and said there is one story of under building parking. The other three stories of the building will be Offices. Drainage on the site would be by means of a french drain. Ail drainage is being contained on site in compliance with the Code. Chairman Ryder noted a divider at the north end and a cut to go to the Sun Bank. He asked what would be done aboutpa left turn to get in here for traffic coming from the east. Mr. Cannon said there would be a problem, and the traffic would not be able to make a left turn unless the County changes it. Chair- man Ryder thought the County would have to get into this picture. He reiterated 'that he saw a problem with the left turn cOming from the east. Mr. Cannon advised that the County has to approve the turn out. - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Mr. Cannon read the staff comments from the Building Department, With .reference to ~7 of the Building Department's comments, Mr. Cannon explained that if the building would be used exclusively for medical purposes, it would not meet the require- ments for medical offices. He advised that the applicant would be able to have about 40% of the building for medical uses and still meet the parking requirements. Even in that respect, Mr. Cannon felt it was highly unlikely that a general office building would be used by doctors and dentists. Mr. Cannon read paragraph 8 of the Building Department's comments and said that means the applicant may have to reconfigure the site plan slightly north to be able to accommodate the wall that is required at the east property line. Mr. Cannon also read the comments from the Director of Utilities and the Planning Department. Mr. Wandelt asked if there is a right-of-way to Congress along with that parking lot. Mr. Annunziato said there is a private access easement as shown on the sur~ey, but the applicant is not taking advantage of it. Ed Seymour, Architect with Richard C. Reilly, 2500 North Federal Highway, Fort Lauderdale, Florida ~33305 passed a rendering around to give the Members an idea of what the building will look like. Chairman Ryder asked again what the distance would be from the greater outline of Leisureville's homes to the applicant's building. After different estimates by the Members, it was determined by Mr. Schultz to~be~ll5 to 125 feet to the property of Leisureville. Mr. Seymour said he was aware of the staff comments. Chairman Ryder thought they should resolve the matter of access. Mr. Annunziato was not sure there was going ~o be any resolution other than what was offered by the applicant, given the con- figuration of the median cut there. Mr. An-nunziato told the Board Members that the western edge of the median extends beyond the westerly property line of this · property. It is likely there will be "U" turns made for traffic heading westbound into this property. It is not an illegal movement but Mr. Annunziato pointed out that there are better movements. He thought the answer would be to have Charlie Walker, County Traffic Engineer, give a comment on this prior to the Council meeting. Mr. Annunziato was sure the Council would like that information also. Mr. Seymour did not believe there would be many medical offices in the building and said they are not planning on it so far. - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1094 Mr. Mauti asked if they would have to go into the variance for the 3 feet, 6 inches of metal screen above the 45 foot maximum height. Mr. Annunziato thought the Council would appreciate the Board's comments. Mr. Mauti also made reference to #8 of the Building Department's comments. Mr~ Annunziato did not think parking would be a problem. Mr. Linkous pointed out it was already in the staff comments, and the applicant already agreed to those. Chairman Ryder was interested in what buffering the R-i-AA would, get. With the canal, he thought the Board had satisfied that.. When you think of the other uses you could have in C-3 zoning, Chairman Ryder did not see how the people could object. Mr. Mauti moved to approve the site plan, subject to staff comments, and to grant the height exception. Mr. Linkous seconded the motion and added that he presumed they should inject Mr. Walker, County Engineer's comments into the motion. Mr. Mauti agreed. Motion carried 7-0. MASTER PLAN MODIFICATION PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes Delfin F. Menendez Lennar Corporation Congress Avenue at Boynton Lakes Boulevard Request to change unit types for all homes north of Lake Worth Drainage District Canal ~19 from single family detached and fee simple attached multi-family villa units to zero lot line detached, single family and townhouse units Chairman Ryder informed the Members that the applicant appeared before the Council at the last meeting and indicated there was no substantial modification. Mr. Cannon showed the rendering and said the original concept for all of Boynton Lakes was single family detached housing (townhouse units). On the master plan modification, the applicant is changing the townhouse units only where the property abuts the proposed shopping center. Mr. Cannon indicated the?D/~r~hern half of the Boynton Lakes Planned Unit Development (PUD), the Lake Worth Drainage District's L19 canal, the E4 canal, and Congress Avenue. There is an existing .tract of townhouse units and a tract of platted zero lot line houses to the south. Mr. Cannon said the Council's finding of no substantial modi- ficatication was subject to the Memorandum from the Planning Director to the City Manager dated May 30, 1984. The memo addressed the Council's established policy with regard to these master plan modifications. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 12, 1984 Where PUDs are planning to reduce the number of units, the Council has established a policy that only 5% of those units can be transferred to other units of the PUD. The applicant would have a maximum of 534 units that could be put in this phase as opposed to the 576 that he is requesting. Mr. Cannon said if the applicant were to get 576, more than 5% of the units would-be transferred from the other phases to this phase. In all other respects, the Council found it would not be a substantial change to the original PUD. Mr. Annunziato added that at the Council meeting, the applicant agreed to comply with the staff comments. Delfin F. Menendez, Architect, of Menendez & Associates, Archi- tects, Planners, Inc., Suite 407, 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401 said they already made the reduction of units that the City Council approved. They reduced the number of.townhouses and increased the number of single family detached. The higher density units have been reduced which means there is a much lower density now, and the units are lower density units. Mr. Menendez stated that the developers are going to comply with the other requirements. Mr. Mauti moved to approve the master plan modification subject to all staff comments, seconded by Mr. Wandelt. Motion carried 7-0. ADJOURNMENT Mr. Wandett moved, seconded by Mr. Mauti, to adjourn. meeting adjourned at 10:23 P. M. The ~Patricia Ramseyer ' ReC°iTd~egeS~aC~eest~ry ~ - 27 -