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Minutes 10-11-83MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 11, 1983 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Walter Kies, Alternate Stormet Norem, Alternate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ABSENT Robert Wandelt (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. by welcoming everyone and introducing the Members of the Board, City Planner, Assistant City Planner, Alternate Members, and Recording Secretary. Due to a bank meeting, Mr. Wandelt was unable to attend the meeting. Chairman Ryder requested Mr. Kies, Alternate Member, to act in Mr. Wandelt's place. Chairman Ryder also recognized the presence of Mayor James R. Warnke, Vice Mayor Carl Zimmerman, Councilman Nick Cassandra, CouncilMan Joe deLong, and Owen Anderson, Execu- tive Vice President, Chamber of Commerce. MINUTES OF SEPTEMBER 13, 1983 Mr. Linkous moved, seconded by Mrs. Bond, to accept the minutes as presented. Motion carried 7-0. ANNOUNCEMENTS Chairman Ryder announced that a Special Meeting and Public Hearing has been scheduled by the Planning and Zoning Board to secure comments on the proposed Community Redevelopment Area Building Moratorium Ordinance. The Special Meeting and Public Hearing will be held on October 26, 1983 at 7:30 in the Council Chambers. The City recently engaged consultants to study the redevelop- ment of the downtown area. The Community Redevelopment Agency has been created by the City to oversee the study and report to the City Council. Chairman Ryder reported it is anticipated a final report will be ready in a month or two. What is being considered now is a moratorium on any building in the area that is involved. Chairman Ryder estimated it would be for a period of about 18 months. As Chairman Ryder has been atkending the meetings of the Community Redevelopment Agency, he expressed that he thought - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 the Members would find some very interesting developments and proposals coming forward. Mr. Annunziato passed out a recent change to House Bill 609, which clarifies that substantial changes to permitted uses of zoning ordinances must be treated by municipalities as if they were zoning changes and advertised as such. This is sort of a departure of the standard interpretation of this. However, our City Attorney has often ruled this. Mr. Annunziato told the Members it outlines the advertising pro- cedure. COMMUNICATIONS Chairman Ryder read a letter addressed to him from City Manager Cheney, dated September 22, 1983. The letter expressed the thanks and appreciation of the City Council to the Members of the Board for the hard work and extra hours put into the review of the proposals for amendment to the Zoning Ordinance for the M-1 Zone. Chairman Ryder thanked the Members of the Council and City Manager Cheney for this token of appreciation. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS (1) Abandonment Project Name: Agent: Owner: Request: Location: Legal Description: Cedar Ridge Estates Right-of-Way Abandonment David B. Mankuta, Esq. Boynton Development Corporation Abandonment of 15' right-of-way north of approved Planned Unit Development North of Miner Road, east of High Ridge Road, south of Lake Worth Christian School The North 15 feet of the North 2/3 of the SW 1/4 of the NW 1/4 of the SW 1/4 of Sec. 9, Twp. 45 South, Range 43 East. Mr. Annunziato, City Planner, reminded the Members of the Board that Cedar Ridge Estates was a PUD which was approved by the City Council as a rezoning and an annexation last Spring. Subsequently, the applicants recorded a plat, and the land development is ongoing. At the time the plat was - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 to be recorded, it was found that there was a 15 foot quit- claim deed to the public to provide access to what in 1951 apparently was property separated from High Ridge Road, closer to the railroad track, over the north 15 feet of this property. Mr. Cannon, Assistant City Planner, showed the location on a picture of the recorded plat. At this time, the applicant is requesting to have that right-of-way granted by the quit-claim deed abandoned in that the applicant is now the owner of the fee simple property to the rear, and it has already been platted as a part of Cedar Ridge Estates PUD. This request was reviewed not only by the City technical staff but also public utilities and comes to the Planning and Zoning Board with a positive recommendation, subject to providing a 10 foot utility easement to cross the north 10 feet of this property for utility purposes. Mr. Cannon pointed out the location of the abandonment. At some time in the past, Mr. Annunziato explained there was a house back there, and legal access was granted to that house in the form of a quit-claim deed. Obviously, the land ownership and orientation has changed, the development pattern has changed, and the applicant is requesting to have it abandoned. Chairman Ryder referred to the recommendations from Florida Power and Light Company and the City Engineer. He noted the City Engineer proposed that a 10 foot utility easement be granted across the north ten feet of this property. David B. Mankuta, Attorney for Boynton Development Corpora- tion, of 4651 Sheridan Street, Suite 465, Hollywood, Florida 33021, said the 10 foot utility easement has already been provided for in their plans. The abandonment petition is something they should have accomplished-prior to following through with the plat. Attorney Mankuta explained it was an oversight. As reflected on that picture, all he said it does is square off their boundaries as opposed to the survey the Board had where they had a little jog in the perimeter. Chairman Ryder asked Attorney Mankuta if the northerly 10 feet posed any problems. Mr. Mankuta replied, "No. It is provided for." Mr. Annunziato questioned whether it is the intent of the applicant to incorporate that land, once it is abandoned, - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 into the lots which are adjacent to it. Attorney Mankuta answered, "That is correct. Yes." He clarified for Chair- man Ryder that they are going to eliminate that jog, and that will be pushing back the rear yards of those single family lots. Chairman Ryder asked if anyone else wished to speak in favor of the proposal. Mr. Larry Kooi, Lake Worth Christian School, 7592 High Ridge Road, Hypoluxo, Florida 33462, advised they are the property owner to the north. He said they would be in favor of the plan; it would be consistent with their plan. As the Members probably knew, Mr. Kooi informed them that the Lake Worth Christian School has made application for annexa- tion. He thought it was on the agenda for next month. Mr. Kooi added that they would like to be a part of Boynton Beach and wanted to speak in favor of this proposal. Mr. Donald Forrester, 7648 High Ridge Road, Hypoluxo, Florida 33462, had no objection. Chairman Ryder asked if anyone wished to speak in opposition to the proposal. There was no response. Mr. Linkous moved to grant the request to abandon the 15 foot right-of-way, subject to the granting of the 10 foot utility easement. Mr. Hester seconded the motion, and the motion carried 7-0. (2) Parking Lot Variance Project Name: Agent: Owner-. Request: Location: Royal Petroleum Parking Lot Variance Request Lee Starkey Royal Petroleum, Inc. Relief from Section 5-141(g) (3) of the Boynton Beach Code which requires that no parking lot driveway may be constructed closer than thirty (30) feet from the inter- section of the rights-of-way lines along local streets and one hundred eighty (180) feet along streets of a higher classification 645 West Boynton Beach Boulevard Mr~ Annunziato, City Planner, informed the Members the re- quest is a request for a variance to the Parking Lot Ordinance driveway location. The applicant is requesting that he be permitted to have one driveway on Boynton Beach Boulevard for this gas station, which is located between West Industrial Avenue and 7th Street at the north side of Boynton Beach - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Boulevard. In early Spring, the applicant requested that this property be rezoned. The zoning was ruled to be some- what not in order on the Comprehensive Plan policy irregu- larities. The applicant withdrew his request based on the recommendation by staff that the Ordinance be revisited to allow gas stations as a Conditional Use. Mr. Annunziato said the next p~blic hearing on this agenda would address the Conditional Use issue. The issue here is the parking lot driveway. As he mentioned, Mr. Annunziato said the applicant was requesting to construct one driveway on Boynton Beach Boule- vard. He will have access to the site from West Industrial with one driveway and from 7th Street with two. The appli- cant is also attempting to incorporate additional land to the rear of the gas station to increase the size of the site. In these parking lot variance issues, Mr. Annunziato advised that the Technical Review Board is required to provide a written comment to the Board if the comment becomes a part of the public hearing proceedings. Mr. Annunziato stated they have done that. On Tuesday, October 4, the Technical Review Board met to review the plans and recommended that the variance request be approved. The reason for recommending approval was it so happens that this site is located at the down side of the 1-95 ramp for the west bound lanes. What the Police Department specifi- cally has found is that area turning right into West Industrial is an area of congestion and confusion; this site is somewhat irregular and is bordered by three streets. It is in such close proximity to the bottom of the down side of the ramp that to require people at that point to turn right onto West Industrial before they could turn left was more dangerous than an additional curb cut onto Boynton Beach Boulevard onto this location. Mr. Cannon pointed to the location on an overlay. Because of that, Mr. Annunziato continued, staff recommended that the application be approved. Mr. Mauti inquired if there is a curb cut at the present time. Mr Linkous replied that the whole thing is curb cut. Bill Wilson, Assistant Planner, Adair & Brady, Inco, 1958 South Congress Avenue, West Palm Beach, Florida 33406, representing Royal Petroleum, showed a plan to the Members. Mr. Annunziato advised that the driveway being proposed would be some 40 feet west of their east property line. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 When you reach this point, you are at the bottom or foot of the hill. As anybody who has attempted to turn north onto West Industrial Avenue knows, Mr. Annunziato said there is a moment of real concern when you are driving a car. He thought this was the concern the Police Department had. To force people at this point to make a decision to turn north was more dangerous, generally speaking, than to allow them to go into the gas station. Mr. Annunziato admitted they would not generally recommend a variance like this. However, he thought the down ramp required a particular solution. Chairman Ryder asked if anyone wished to speak on behalf of the application. There was no response. He asked if anyone wished to appear in opposition to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Linkous moved that the request of Royal Petroleum for a parking lot variance be approved. Mr. Annunziato advised his memo of October 5, 1983 could be noted as a basis for the motion, but there were no recommendations for other actions on the part of the applicant. Mrs. Bond seconded the motion. When coming south down Industrial Avenue and you hit Boynton Beach Boulevard, make a right turn going west, and you have a curb lane for making right turns to Industrial Avenue, Mr. Mauti asked what happens when you pass Industrial Avenue and meet the exit from this area onto Boynton Beach Boulevard. Also, you have an industrial park situation on Industrial Avenue which tends to cause a lot of traffic. Mr. Annunziato replied that was one of the concerns they had. Mr. Mauti asked about the right turn out of Industrial Avenue onto Boynton Beach Boulevard. Mr. Annunziato answered that the right turn will always be a problem. Any time you are trying to enter a three lane highway with traf- fic which is picking up speed, there is always a problem, but forcing people to turn right onto West Industrial or into the gas station was considered to be an even greater problem than the interface of traffic turning right out of West Industrial, crossing the driveway for traffic exiting the driveway. Mr. Annunziato informed Mr. Mauti a median is there. Mr. Mauti did not think it intended to help the traffic going - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 east until you get down almost to Industrial Avenue, make a left turn, and then go into the gas station. He was bringing up that the congestion would be at the intersection of Boynton Beach Boulevard and Industrial Avenue. Mr. Annunziato agreed that is part of the problem. In the opinion of our Police Department, Mr. Annunziato said to force people at that point, because of the speed they have going down the ramp, to turn north on West Industrial would cause an even more dangerous situation at the intersection. Mr. Mauti goes in and out of there "quite a bit" and commented there is a hazard to get out of the industrial area and try to get onto the main highway going east or west. Mr. Annunziato reiterated that this is the least dangerous of the alternatives. He advised the Board that the traffic patte~rn in that area is being studied by the County Traffic Engineer, and they may see recommendations in the future for addit!ional signalization in the area, which will create gaps in the traffic, therefore, allowing traffic to flow out of Indus~trial Avenue then east and west onto Boynton Beach Boulevard a little easier. Mr. Annunziato added that it is a recognized problem that is being studied now. If this were the same condition elsewhere, Mr. Mauti thought they would probably recommend a lane going in and a lane coming out. He clarified for Mr. Annunziato that he meant a turn lane. Mr. Annunziato thought there was a curb lane used for turning onto Boynton Beach Boulevard. Mr. Mauti remarked that it ends right there. A vote was taken on the motion, and the motion carried 6-1 with Mr. Mauti vOting against the motion. (3) Conditional Use Project Name: Agent: Owner: Request: Location: Royal Petroleum Conditional Use Approval Request Lee Starkey Royal Petroleum, Inc. Conditional use to reconstruct a Texaco gaso- line station at 645 West Boynton Beach Boule- vard 645 West Boynton Beach Boulevard Mr. Annunziato advised this is a request for a conditional use consistent with our newly revised Zoning Code, which permits gas stations as a conditional use in the C-2 lane on a four lane or bigger highways. As he mentioned, this is a request for a zoning change, which was subsequently with- drawn based on the revision to the Zoning Code which permits this. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 As mentioned previously, Mr. Annunziato said the applicant contracted for the property to the rear of the gas station, which is a home also zoned C-2. This has resulted in the site plan the Board could see. Mr. Cannon pointed out where the gas station proper was moved to the rear of the site. Mr. Annunziato told the Members three gasoline islands are proposed. Access to the site from West Industrial to two locations on N. W. 7th Street and from~Boynton Beach Boulevard was also noted. The gasoline station proposes that the service bays be directed to West Industrial and not the area to the west which, Mr. Annunziato added, was properly done. The office and restrooms are to be in the western one-third of the building. Sidewalks will be constructed on West Industrial and N. W. 7th Street. There are existing ones on Boynton Beach Boulevard. The Technical Review Board reviewed this and recommemded the conditional use be approved, subject to staff comments. Mr. Annunziato read the staff comments from the Building Depart- ment, Fire Department, Engineering Department, Public Works Department, Utilities Director, and the City Planner. Mr. Annunziato indicated on the plan where the handicapped parking should be located. Mr. Bill Wilson, Adair and Brady, representing the applicant, told Chairman Ryder they agreed totally with the staff comments. The plan the Board was looking at reflected those changes. Mr. Wilson stated that he had talked to Mr. Cannon that afternoon and told him they agreed. Chairman Ryder asked if anyone else wished to appear in behalf of the applicant. There was no response. He asked if anyone wished to appear in opposition to the proposal. There was no response. THE PUBLIC HEARDING WAS CLOSED. Mr. Hester moved to approve the Conditional Use, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 7-0. SUBDIVISIONS Preliminary Plat Project Name: Agent: Meadows "300" Plat No 2 James Thiele, Engineer - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Owners: Location: Description: C&H Properties Co., Inc. and Turks and Caicos Corp., B.V. Southwest corner of the intersection of Congress Avenue and Hypoluxo Road Preliminary plat and construction documents which provide for the construction of infra- structure improvements to support previously approved Meadows "300" Planned Unit Develop- ment Chairman Ryder said this had previously been approved by the Planning Board and the City Council. Mr. Annunziato had a memo, dated October 11, 1983, (which was a continuation of the memo from Bill Flushing, Deputy City Enginer, dated October 4, 1983), proposing two additional comments. Mr. Annunziato said the location of the plat is in the northeast corner of the Planned Unit Development. Four tracts are proposed to be platted. Mr. Cannon outlined the tracts. First, there is the commercial tract (which turned out to be something less than 12 acres) called C-1 at the intersection of Hypoluxo. Tract "H", a multi-family tract, is bordered on the east by Meadows Way, which is a proposed public right-of-way, on the south by Meadows Boule- vard, which loops back to Congress eventually, and on the west by unincorporated Palm Beach County, and on the north by Hypoluxo Road. Mr. Annunziato called attention to a private park tract on Congress at Meadows Boulevard and a public park tract which is bordered on the north by Meadows Boulevard and on the east by Congress, which is a 7 acre parcel of land that has been dedicated to the public for park purposes.) The plat was reviewed by the Technical Review Board and comes to the Planning and Zoning Board with eight technical comments from the City Engineering Department. With reference to paragraph 2 of Mr. Flushing's Memorandum, Mr. Annunziato said the purpose of this is to clarify public and private responsibility. It is a little unclear on the plat as to who is responsible for maintaining certain drain- age easements. The comment made by Mr. Flushing was that should be clarified prior to the plat being recorded. Mr. Annunziato read paragraph 3 of Mr. Flushing's Memorandum and explained that when Hypoluxo Road was constructed adjacent to Canal 18, practically all of the right-of-way was used but turning lanes and the canal right-of-way. No provision was made for a sidewalk on the south side of - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Hypoluxo Road. Staff addressed this by recommending that a sidewalk is still necessary but that the sidewalk be construc- ted on the applicant's property in an easement or a dedica- tion. This way, the sidewalk is proposed to be on the south side of Canal 18, adjacent to the developed plan. It will tie into Congress. This is a policy that will be extended along Hypoluxo Road as the City goes west. Mr. Annunziato recommended the plat be approved, subject to Mr. Flushing's comments. Chairman Ryder commented that this was almost to the westerly limit of our corporate limits. Mr. Annunziato advised it would be the northerly limits. He informed Chairman Ryder the City goes to Lawrence Road. James Thiele, Engineer, representing Carnahan Engineers, 6191 West Atlantic Boulevard, Margate, Florida, had no concern with the comments of the Technical Review Board and stated they would concur with all of the comments. Mrs. Bond moved that the preliminary plat of Meadows "300" Plat No. 2 be approved, subject to staff comments. Mr. Kies seconded the motion, and the motion carried 7-0. SITE PLANS Project Name: Agent: Owner: Location: Description: Congress Center Charles F. McKirahan, Architect Congress Center Ltd., 1983A Southwest corner of S. W. Congress Blvd. and Congress Avenue Construction of a 122+ thousand square foot office building project to be constructed in two phases on 7.89 acres of land Chairman Ryder recalled the Board was confronted with a similar request awhile back. Now it is back again. Mr. Cannon, Assistant City Planner, said the site plan came with a positive recommendation from the Technical Review Board, subject to staff comments. The site plan was originally submitted and approved in August, 1981. The approval of that site plan has since lapsed. In order to meet the current parking lot construc- tion code, the applicant has resubmitted plans. The site is bounded on the east by Congress Avenue and on the north by Congress Boulevard. The recently approved and platted Lakes of Tara subdivision lies to the west. (since then, it has been renamed Cherry Walk.) - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Mr. Cannon showed the outline of the buildings. There are four buildings on the site. He showed two buildings joined by a walkway in the center, the first phase and second phase. The buildings are two story with a stucco finish. Each building also has an open courtyard in the center. As he mentioned, Mr. Cannon said the parking lot has been modified to comply with current regulations. He indicated two locations, which were the 100 foot unobstructed drives required by the Parking Lot Code. Mr. Cannon said the parking lot also has curb stops with double striping. A six foot wall is required at the west boundary of the property to serve as a buffer for the residential zone. Part of the site plan will be the construction of a 16 inch water main along Congress. The water would loop around the building and would tie into the six inch water main at the northeast, as shown on the plan, and then into a future 10 inch main on Congress Boulevard. Sewer connections are addressed by the Utilities Director's comments. Mr. Cannon also noted that the previously approved drainage system included Cherry Walk and the property to the north, as approved by the South Florida Water Management District. Staff comments from the Building Department were read by Mr. Cannon. As part of this site plan, Mr. CannOn said the applicant would have to have a 3 foot height exception approved by the City Council, and the Planning and Zoning Board may wish to make a recommendation with respect to that height exception. Mr. Cannon also read the staff comments from the Engineering Department, Utilities Department, Police Depart- ment, and Public Works Department. Chairman Ryder confirmed through Mr. Annunziato that Cherry Walk took the obligation to extend Congress Boulevard west of Congress Avenue. Presumably, Chairman Ryder said, the rights-of-way agree with what is shown here. The entrance of Congress Center goes to a public street that was dedi- cated by Cherry Walk. Mr. Annunziato affirmed that was correct. Chairman Ryder informed Mr. Linkous that Cherry Walk is about 400 feet west of Congress Avenue and on a line with Congress Boulevard extended. Mr. Annunziato added that when it was approved as a plat, it was Lakes of Tara. Chairman Ryder commented that the name has been changed a couple of times and went into detail about the location for Mr. Linkous. - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 AS it is opposite Leisureville, Mrs. Bond was concerned that it would interfere with the traffic coming out of both places. Chairman Ryder replied that it will be widened, as money has been set aside for that. In fact, the plans are under way. Mr. Charles F. McKirahan, Jr., Architect, 2400 East Oakland Park Boulevard, Fort Lauderdale, Florida 33306, represent- ing Congress Center, stated they'were here several years ago. In the interim, the ownership of the property changed to the new owner applying tonight. Mr. McKirahan said they would be starting the project in the two phase system, building the north half first and then the second half subsequently, running along with the lease patterns. It is almost identical to what was originally proposed and is two stories. Mr. McKirahan had no comments with regard to the City's require- ments but said they would ask for the run pass on the elevator on the height because they need that for the run pass area, since it is hydraulic. Chairman Ryder noted they had two entrances, the one on Congress Boulevard and one further to the south. Mr. McKirahan agreed. When it is a two lane road, Chairman Ryder said the City normally requires a storage lane for left-hand turns. He noted it is in the process of subse- quently being widened but we do not know when. In that regard, it all depends on what progress the applicant makes and the County makes. Mr. Annunziato advised that this portion of Congress is to be funded in the 1985 budget year with the 2~ gas tax. Presumably, Chairman Ryder pointed out the applicant will be here before that, and the question may come up about a storage lane for left-hand turns. Mr. Annunziato preferred to leave that discussion to the County Traffic Engineer. When a project is eminent, it does not make a lot of sense to construct an improvement which is going to be wasted. He spoke to Mr. Walker, County Traffic Engineer, in the past. Mr. Walker generally feels if you are not going to get 1-1/2 to two years use on the turn lane, it does not make a lot of sense, cost effectivewise, to put that money into an improve- ment that subsequently will be wasted. They were talking of $25,000 to $30,000. When they apply for a turn out permit, Mr. Annunziato thought Mr. Walker would address the issue of a turn lane at their entrance off of Congress Avenue. Chairman Ryder commented that he uses that area a lot, and it is getting to be a problem and a hazardous situation. Mr. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Annunziato said there may be a requirement for a right turn lane into the site and a left turn lane for northbound traffic. It is unknown at this point whether or not there will be a median cut. Dr. Nabil Hansen, Civil Engineer, 2326 South Congress Avenue, West Palm Beach, Florida 33406, thought they had the approval on the median cut. In connection with the approval, Mr. Annunziato asked what other requirements Mr. Charles Walker had. Dr. Hansen replied it was something that has to be handled in the near future. They will submit a traffic impact study and will look at the whole area. Dr. Hansen stated they will go along with the County's recommen- dation, so he thought Mr. Annunziato was right on this issue. They have to work with the County. Mr. Annunziato recommended that the applicant be required to comply with the County Traffic Engineer's requirements. Mr. Linkous was informed by Mr. Annunz±ato~that t!h<e.~e is a six foot buffer wall. Mr. Annunziato asked that the Members note from the memo dated October 4, 1983 from Bert Keehr, Deputy Building Official, this is a threshold building. State Legislation requires if you have more than 25,000 square feet in any building, you have to hire, at your expense, a full-time Residential Inspector that would work for the Building Official, and who would be on the site while the building is being constructed. That legislation was derived as a result of the Cocoa Beach disaster. Secondly, Mr. Annunziato advised there may be a requirement for utilities on site for reasons of the water lines and, depending on how the sewer is done, easements for the sewer line may be required. Dr. Hansen stated there would be no problem. Mr. McKirahan referred to the memo from Mr. Keehr and guessed they would work with the City in selecting that Building Official. Mr. Annunziato was sure the Building Official would have to establish, in connection with the City Council, some policies for hiring these threshold Inspectors; the payment (whether they will make the development pay direct or pay indirectly to the City the money it will cost to pay this Inspector); and whether he will be on the City payroll permanently, temporarily, or be paid as self-employed. Mr. Annunziato did not think that had been determined. He did not know whether the Inspector woul~d be a City employee, as much as he would be a consultant to the City. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Mrs. Bond asked if a threshold building applies only to commercial property. Mr. Annunziato thought it was anything over 25,000 square feet, whether it was commercial or resi- dential. Mr. Mauti moved to approve the site plans subject to staff comments and the approval of the County Traffic Engineer. Mr. Linkous seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Bethesda Park Digby Bridges and Associates, P. A. Bethesda Park Development Corp. Northeast corner of intersection of Golf Road and 1-95 Construction of 48 single story condominium apartment units plus recreational facilities on 5.7+ acres Mr. Cannon, Assistant City Planner, told the Members the site plan came with a positive recommendation from staff, subject to their comments. The Board had seen this before, and Mr. Cannon said it has already been platted. Water, sewer, and drainage for the site has already been approved. The location is east of 1-95. Mr. Cannon showed the right- of-way to 1-95. There is one access to the site, which is Golf Road. A private drive will be in the development. Mr. Cannon said they were all one story townhouses with two bedroom units. Each unit has its own garage and driveway. The outside is yello stucco with red tile roofs. Mr. Cannon showed the locations of the shuffleboard, jogging paths, a recreation building and pool. Mr. Cannon mentioned that the City Forester has not signed off on the plan because the applicant has yet to provide a tree survey to satisfy him. The Community Appearance Board reviews those requirements, but Mr. Cannon thought it should be noted. The staff comments from the Building Department, Engineering Department, Utilities Department, and Public Works Department were read by Mr. Cannon. Digby C. Bridges, Architect, Digby Bridges & Associates, P.A., 124 N. E. 5th Avenue, Delray Beach, Florida 33444, agreed with all of the comments. He said the tree survey will be there on Thursday. Mr. Bridges said they are meeting on Friday to determine the trees that will remain and the trees that will go. Every tree will be accounted for on the tree survey. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 On the dumpsters, Mr. Bridges went over the positions of the dumpsters with the Public Works Department, and the Public Works Department changed the positions. Mr. Bridges had the dumpsters at right angles to the road, which he told the Members they could see. That was the suggestion and posi- tion of the Public Works Department. The reason for them separating the recreation building was they felt it was better development to have the recreation building moved away instead of up against the other build- ing, as it was originally. The jogging path, shuffleboard, and pool remain the same. Mrs. Bond noted they are adjacent to High Point on the north and east sides. She asked how they expected to separate the two condos. Mr. Bridges answered that it has an existing hedge along part of it, and it is very heavily landscaped. There is no fence. Mr. Bridges informed Chairman Ryder there is no alley or street between them and High Point to the east. It would just be shrubs and hedges. Mr. Linkous wondered if they were rental. Mr. Bridges did not believe they had decided, but it will be a condominium association. Mrs. Bond inquired how many square feet there would be in a townhouse. Mr. Bridges believed it would be 1279 square feet of living space, and then there is a garage, which was another change they made from the original site plan. Chairman Ryder believed Mr. Bridges indicated he was agreeable to complying with the requirements laid down by the Technical Review Board. Mr. Bridges said, "I agree to everything I said." Mr. Mauti did not think there was any way they could get a right turn. Mr. Annunziato thought it had already been incorporated into the construction. He further thought there was enough pavement there. It was not shown here but Mr. Annunziato recalled it was part of the plat. It was a recommendation of the Chairman when the master plan was approved three years ago. He commented that they are really seeing the implementation of the plans that were approved 3, 4, and 5 years ago. Mr. Annunziato believed the right turn lane was covered. As far as the construction plan, it requires that the pavement be 'remarked. Mrs. Bond moved that the site plans for Bethesda Park be approved, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 7-0. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Project Name: Agent: Owner: Location: Description: Watersedge Condominium - Site Plan Modifica- tion Jelac Corporation Watersedge Condominium Association 700 N. E. 20th Lane Option to modify existing balconies at fronts of buildings on all 43 units Since this appeared as a site plan before, Chairman Ryder informed the Members Mr. Annunziatio advised they were required to act on this modest alteration. Mr. Cannon had nothing to add except it was coming to the Planning and Zoning Board with a positive recommendation from the Technical Review Board. There were no comments. What the applicant is doing is enclosing part of the exist- ing open balconies. They would not be increasing the lot coverage of that development. The applicant was not present. Mr. Annunziato added that it is a minor modification to a previously approved site plan, providing for the enclosure of the patio. It will improve the situation to not have rain water coming into their units. Mr. Mauti moved to approve the site plan modification as submitted, seconded by Mr. Kies. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Boynton Beach Shopping Center Site Plan Modification Peabody & Childs Architects, Inc. Syncom, Inc. and the Edward T. DeBartolo Corp., Inc. Boynton Beach Mall Out Parcel Site Plan Modification for temporary curb units and minor changes to bank building Chairman Ryder remarked that the Board has seen this before. Mr. Cannon said the site plan came to the Planning and Zonng Board with a positive recommendation. To orient the Members, Mr. Cannon showed Congress Avenue on the overlay and the previously approved site plan. He said the Mall lies further to the west. Mr. Cannon indicated two entrance ways into the Mall and stated that the applicant failed to put temporary cuts at locations onto access roads in order to avoid conflict with the construction traffic going into the Mall. -]6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 Mr. Cannon read the staff comments from the Planning Depart- ment, which were the extent of the staff comments. Mr. Joe Simeone, Peabody & Childs Architects Inc., 440 East Sample Road, Suite 100, Pompano Beach, Florida 33064 concurred with the recommendations. They revised the site plat on some of the parking data they have shown. The final design of the bank has been determined, and Mr. Simeone said they were decreasing the number of parking spaces around the bank to increase the number of landscaped islands. Mr. Simeone told Mr. Annunziato he did not know the name of the bank. Mrs. Bond moved that the site plan modification for the Boynton Beach Shopping Center be approved, subject to staff comments. Mr. Kies seconded the motion, and the motion carried 7-0. DISCUSSION Mayor Warnke's letter of August 15, 1983 Chairman Ryder expressed appreciation for Mayor Warnke's interest in this regard. Recently, two Alternate Members were added to the Planning and Zoning Board. Chairman Ryder was aware other Boards have had Alternate Members for some time. He recalled sitting on the Board of Adjustment as an Alternate and going to the meetings, prepared to take part. When he was found to be excess, the Chairman did not care what he did. Chairman Ryder suggested the Alternates be permitted to take part in the discussions if they cannot replace a Member who might be absent. He recommended that the Alternates sit on the dais with the Regular Members, feel free to enter into discussion, but vote only when designated to act in the absence of a Regular Member. Chairman Ryder could not help but think that the Alternates might feel they really are not part of the Board. :They are part and should be considered as part of the Board. If memory served him correctly, Councilman deLong was quite certain the City Attorney said the Members should not sit on the dais. Councilman deLong agreed with the Chair and said they do that at the Community Appearance Board. He could see no objection. Chairman Ryder was informed that they still do not sit on the dais at the Board of Adjustment. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 On every case, Councilman Cassandra said the Chairman of the Board of Adjustment does address the Alternates and asks them if they have anything to add. Councilman deLong thought it looked more uniform having people sit up on the dais who are involved than sitting out in the audience giving answers. Then people in the audience have a tendency to jump in also. Mr. Mauti thought they could make a recommendation to the Mayor. Councilman deLong advised they should make recommenda- tions to the Council. The Council is the governing body. Following the incident that happened with Chairman Ryder on the Board of Adjustment, he appeared before the City Council and asked if they were aware that Alternate Members are not permitted to take part in any way in the matters on hand although they get the Agenda and presumably do their home- work. At that time, Chairman Ryder recalled they told the Chairmen that Alternates were permitted to take part in the discussion. Vice Mayor Zimmerman believed when this came up, it was due to someone in the audience not knowing which of the Members sitting on the dais were voting. A total was given of so many for and so many against, and it did not add up to the number of people on the dais. Chairman Ryder saw no problem with them sitting on the dais because the Chairman of each Board would indicate that these two are Alternates. In the absence of one of the Regular Members, the Chairman would designate that one of the Alternates will take his place. That would account for the number of votes. Mr. Linkous was sure Mayor Warnke was referring to all of the Board. He had not seen much frustration on this Board. At that particular time, Mrs. Bond recalled it was a "hot issue." Mr. Linkous remembered he had to abstain. He also wondered if the people know how dedicated the Council Members are. If all the Members sit on the dais, Councilman deLong said the Chairman should always state when it comes time for Members to cast a vote that only the permanent members will cast a vote. Chairman Ryder attends all of the Council Meetings and finds it very helpful. He could not help but feel the Council was helped at their meetings when they attend the Board's meetings. Mayor Warnke interjected that he felt people who serve on Boards were honoring the City. He felt Alternates should - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1983 sit at the side table, have the Chair recognize their presence, and let the public know they cannot vote, but they are entitled to opinions as Alternate Members of the Board. Chairman Ryder did not see why the City Attorney would object. Councilman deLong advised that the City Attorney is the same as anybody else who recommends to the Council. At all times, the Council is in the position to offer any opinion. The Council is the governing body of the City. Chairman Ryder said they would leave it in the hands of the Council, as it will apply to all the Boards. Proposition 1 One of the things Mr. Norem thought the Board and especially the staff might take a long hard look at now rather than waiting until later is to see what effect Proposition 1, if passed, would have on their particular department. If that goes through, Mr. Norem felt a lot of the departments would have to be self-supporting to continue. Chairman Ryder advised it will be on the ballot next November, not this November. Self-supporting is not the issue, Mr. Annunziato interjected. The issue is the number of dollars a municipality can spend. Even if you increase fees, you will still be limited to spending so many dollars. It will be incumbent upon the Mayor and Council to prepare budgets. There was more discussion about Proposition 1, the Council, the Boards, California, and the growth of the City. With the homestead exemptions, Councilman deLong thought people throughout the whole State were satisfied. It does not happen in any other State in the Union. Chairman Ryder referred to explaining this at an AARP Meeting and thought we should educate some of our neighbors and friends. Councilman deLong thought the State Legislature would have to revise that. There was discussion about the former Palm Beach County Property Appraiser and the current one, and how the former one ~_ helped create the problem. ADJOURNMENT Mr. Linkous moved, seconded by Mr. Mauti, to adjourn. meeting properly adjourned at 9:05 P. M. The at.pectfully--~ubmitted' ricia Ramseyer Recording SecretaryV (Two Tapes) - 19 -