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Minutes 06-14-83
M~NUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 14, 1983 AT 7~30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Robert Wandelt Walter Kies, Alternate ABSENT Caesar Mauti Stormet Norem, Alternate (Excused) Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ACKNOWLEDGMENT OF MEMBERS AND VISITORS Chairman Ryder called the meeting to order at 7:32. He intro- duced the Members of the Board, City'Planner, Assistant City Planner, and Mr. Walter Kies, new Alternate-Member, whom he welcomed to the Board. Chairman-Ryder also introduced the Recording Secretary and recognized the presence of Owen Anderson, Executive Vice President, Chamber of Commerce. MINUTES OF MAY 10, 1983 Mr. Hester moved, seconded by Mrs. Bond, to accept the Minutes as presented. Motion carried 6-0. ANNOUNCEMENTS Chairman Ryder announced that Mr. Norem is out of town and should be excused. Attention was called to the remodeling of the City parking lot in accordance with the Parking Lot Ordinance, and Mr. Annunziato said the project should be finished in about two oK three weeks. He thought it would be a real credit~to the City, as it would improve the appearance of City Hall and the intersection. Mr. Annunziato informed Chairman Ryder that the City would lose some spaces, but there will be sidewalks, landscaped areas, and park- ing which meets the Code. As some of the Members might have noticed, Mr. Annunziato said some of the printed material they received was done with the word processor. Alternate Members Chairman Ryder informed everyone that the Board has two Alternate Members that were added. MINUTES - PLANNING AND ZONING BOARD B~¥NTON BEACH, FLORIDA JUNE 14, 1983 In the absence of any stipulated procedure., Chairman Ryder thought having the Alternates sit with the Members on the dais would give them a sense of. belonging', and they could participate in the discussion. However, if they replaced a. Member who was absent, they would be voting as well. Chairman Ryder asked the Members to recall that. they had a contro- versial matter at'the last meeting, and one of the Members of the Board asked to be excused. One of the Alternate Members was present, so he took part in the discussion and ~the voting. It h~sa controversial issue and a 4-3 vote. Chairman Ryder hearditater implications that it was not proper. Subsequently, the City Attorney ruled that What the Board did was perfectly right. That t~iggered action by the Council and he thought the Members had received by now~ a '!Procedure for Partici- pation by BOard Members~" Rather than being on the dais, the Procedure said the Alternate Members are'~to sit somewhere else. Chairman Ryder thought they should sit beside the Assistant City Planner. Of course, in the absence of a Regula~ Member, the Alternate Member will sit on the dais and participate in the discussions.. If Mr. Mauti does not come soon, Chairman Ryder said Mr. Kies would have to do that. As the Alternates get the Agenda', Chairman-Ryder felt they should be able tm depend on them attending and preparing fo~ the matters involved. He hoped they would continue to show.an interest. On the issue of the nursing home, Vice Chairman Winter said it sounded from~the article he read ~n the newspaper as if the Planning and Zoning Board voted 100~ in favo~ of it. The vote was 4-3, but the article did not say ~that. Vice Chairman Winter felt the press should know it was a sp~it vote and not just say it was approved by the Planning and Zoning Board. Chairman Ryder said it was a 4-3 vote in favor, but the Council turned it down. Mr. Linkous clarified 'that the reason he'did.not participate was because he had been on several Boards over there, planning for three years, and he thought there woUld be a conflict. Vice Chairman Winter said people from Golf'view~Harbor asked him how he could have been in favor of it. He stated that he did not vote in favor of it. COMMUNICATIONS None. OLD BUSINESS Proposed M-1 Distrfct Zoning Regulations, t.ncluding Definitions, General Provisions and Environmental-Review Permit Procedures - 2 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr. Annunziato had advised the Members, prior.to the meeting, that this needed a~ meeting of its own. Chairman.Ryder ~nnounced that a Workshop Meeting was set for Wednesday, June ~29, 1983 from 3:30 P. M~ until 5:00 or 5:30 P. M. Mr. Annunziato told the Members these were our staff"s suggestions of how to deal with M-1 zoning. He said they-haYe gone throuqh several evolutions Of procedures and ways to look~at the subject. What they have proposed is an M'i Zoning Code which is enhanced in that more uses are permitted. Mr'. Annunziato thought it related to the kinds of activities that might be occurring in Boynton'Beach'right now. It also provides for more restrictive regulatiOns with respect to use, which he thought was evident and necessary as a result of the direction they'received from Council based on former Chairman Arnold Thompson~'s comments before the City Council. Some additional documentation .was provided for general pro- visions which can be used to evaluate not only M-1 use but anything from site plan approval'to zoning requests..~-'In addition, there were some definitions which they had to enhance, replace~ or add so that some of the problems that were incUrred, by the Building Department, or the interpretation of' the current Code, would now be overcome. So the members would be aware, Mr. Annunziato said the document was reviewed by the City Manager, Public Works Director, Fire Department, Building Official, and the Planning staff, with an eye to what it means fn terms-of evaluating uses'fromthe.particular point of view of these individual staff members. He hoped, after reading this, the Board would be in the position of adding, changing, or discussing provisions and the concept. Mr. Annunziato suggest.ed they defer this to one or more workshops because the Board Should fully understand what the 'Ordinance is proposing, how it is formulated, and what the'long run and short run ramifications Of it will'be. In the shor~.run, there will be~d~s- locations. Chairman Ryder reminded them too that they are getting into environmental review in regard to noise, odor, and that kind of thing. He was-aware of the work that has gone into this. Mr. Annunziato said when %hey got into it, they found there was more need to involve the various staff ~members and their expertise. For example, he asked what kind of impact it would.have on sewer systems or water usage, tf someone has a use'which could potentially discharge into the sewer system, it could kill the sewer plant. That is a significant environmental issue. If those issues exist, Mr. Annunziato said they are asking that the use be mitigated prior to its inception. The kind of theory involved as they drafted this Ordinance was, "What.are the uses? What are the problems? How do you overcome the problems? How do they relate to the residential areas?" - 3 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr. Annunziato reminded the Members that Boynton Beach is not a young city, and a lot of our industrial areas are located in close proximity to residential zones, which'is part of the problem they tried to cope with in their distance criteria. Mr. Annunziato informed the Board again of the date and time for the Workshop Meeting. He suggested that they not rush this but take whatever time is necessary for these procedures. NEW BUSINESS PUBLIC HEARING Parkinq Lot Variance Project Name: Agent: Owner: Request: Legal Description: Location: Jim Edwards Warehouse John Churey Jim~.Edwards Relief from the following sections of the Parking Lot Ordinance: Section 5-141 (b) Traffic Control (d) CUrbS~ and Car Stops (e) Drainage (j) Handicap Requirements (k) Parking Lot Striping and Section 5-138 which requires existing park- ing conform to current standards when buildings are enlarged Lots 18 and 19, BOYNTON INDUSTRIAL PARK 523 Industrial Avenue, Boynton Beach, Fla. Chairman Ryder said the intent is to.build a garage type build- ing. Mr. Annunziato'referred to his Memorandum dated June 7, 1983 and said the applicant is proposing to enclose a paved area to provide for 'interior storage sort of central to the project located, more or lesS, adjacent to the north property line. He said it was one Of the better, if not the best, maintained area on Industrial Avenue. It is a well kept site, and everything is in concrete. Therefore, some of the strict provisions of the Parking Lot Ordinance may be deemed not necessary or nearly impossible to comply with. He gave the on site drainage criteria as an example. However, Mr. Annunziato said the comment or request that this property not be subject to the Zoning Code whatsoever, they felt was not particularly necessary. Mr. Annunziato said it was required that his Memorandum of June 7, 1983 become a part of the. record. A copy of said Memorandum is attached hereto and made a part hereof as page 5. - 4 - MINUTES - PLANNING AND ZONING BOARD ~@YNTON BEACH. FLORIDA JUNE 14, 1983 MEMORANDUM TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato City Planner DATE: .7 June 1983 SUBJECT: PARKING LOT ORDINANCE/VARIANCE Section 5-144(c) (4) of the Code or Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board (TRB) must forward to the Planning and Zoning Board a recommendation and that the recommendation be made a part of the public record of the variance proceeding. To that end, this memorandum is forwarded, consistent with Section 5-144(c)(4)~ John Churey, agent for James Edwards, has applied for variances to Section ~5-158 Scope, 5-171(k) Parking lot striping, 5-141(j) Handicap requirements, 5-14i(e) Drainage, 5-141(d) Curbs and car stops and 5-141(b) Traffic control of the Parking Lot Regulations. Specific ordinance requirements are listed in the applications(s) for variance, and in all but one instance, no ~ustification was provided. On Tuesday, June 7, 1983 the TRB met to review plans and to formulate a recommendation with respect to the requested variances. After review and discussion, the TRB recommends that the variances be approved in part and denied in part. More specifically, the TRB recommends the following: 3. 4. 5. 6. that the variance to Section 5-138 be denied on the face of it; that the variance to Section 5-141(k) be denied; that the variance to Section 5-141(j) be approved; that 'the variance to Section 5-141(e) be approved; that the variance to Section 5-141(d) be denied; that the variance to Section 5-141 (b) be denied. The basis for these recommendations is, in the case of denial, that the current codes do not generally impose an unusual hardship on the applicant, and in the case of approval, that for handicap code requirements, the State statute does not require spaces for the handicapped where storage is the only first-floor use, and for drainage, that it would be unreasonable to redesign and rebuild the existing parking lot to accomodate site drainage. /bks City Manager TRB Members Central File CARMEN S. ANNUNZIAT~ CITY PLANNER - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14~ 1983 In Mr. Annunziato's memo,-the Technical Review Board recommended that the variance to Section 5-138 did not need to be addressed on the face of it. Mr. Annunziato referred the Members to variances 2 through 6 on his memo. The Technical Review Board recommended that the variance to~5-141(k) not be approved and that the variance to Section 5-141(j), which is handicapped requirements, be approved. Mr. Annunziato explained that handi- capped requirements for storage areas (State requirements) are not required. The City's Code~does not say that. In that regard, the City is inconsistent with the State Statute, but the Technical Review Board is requesting that the variance be approved. Mr. Annunziato said it is consistent with the State handicap requirements. Section 5-141(e) is concerned with the drainage. Short of ripping up the parking lot and redeveloping it, Mrs. Annunziato said there is no way the applicant can comply with this. Comment 5, (Section 5-141(d)) has to do with curbs and car stops. Mr. Annunziato said these would be the car stops.located parallel with the north property line adjacent to landscaping. It was the Technical Review Board'.s recommendation that this request not be granted. It is not in an area where people will be walking over them, and they will protect the landscaping. With reference to Comment 6 (SectiOn 5-t41(b) - the request for relief from having to construct traffic control devices on site), Mr. Annunziato said it was also recommended against by the Technical Review Board. At a minimum, Mr. AnnUnziato said they expect to see arrows painted on the pavement' and "Do Not Enter" stop signs at the exits. Chairman Ryder asked Walter Kies, Alternate Member, to come forward and be seated in Mr. Mauti's place. Mr. Tim Cannon, Assistant. City Planner, pointed to the existing buildings, storage bays, and the structure Mr. Edwards is adding, which will be a parking garage. When Chairman Ryder visited the site, he noticed there is access to West Industrial Avenue as well. He questioned whether that was going to be closed off. ~airman Ryder thought there was a driveway between the two build- ings. He said he would ask the applicant. Mr. John Churey, General Contractor for Jim Edwards, 931N. W. 10th Avenue, Boynton Beach, Florida 33435, told the Board that is only a storage building for a restored truck. All Mr. Edwards is going to do is store his one truck in.that building. Mr. Churey informed Chairman Ryder that Mr. Edwards has an entrance to the east and an entrance to the west, and they go straight through. Mr. Churey stated that it would be "pretty hard" to put a one way. He informed Chairman Ryder that the building is going on the north side, and it will be in the same line as the other buildings but will be set back along the hedge that is already there. - 6 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr. Churey continued by saying it does not have anything to do with the drainage because there is all concrete there now. All they are doing is taking concrete out and putting a storage build- ing there. Mr. Churey said Mr. Edwards had one of the nicest places on Industrial Avenue. Chairman Ryder called attention to the other things that were being denied. Mr. Churey wanted to know what the Board wanted. Mr. Linkous asked if Mr. Edwards owns both sides.~ Mr. ~hurey answered that Mr. Edwards owns'from west Industrial to East Industrial. 'In other words[ he owns the~buildings on. the north and the south?"Mr. Linkous questioned. Mr~-Churey replied that Mr. Edwards only has part of the buildings on the southeast side. There are no buildfngs on the southwest side, but there are buildings on the north side, which the Board could see on the plan. Mr. Linkous was informed an old fire truck would be stored there. Mr. Churey advised it would be an old Mack truck. Chairman Ryder referred to the staff comments and said Section 5-138 deals with an Ordinance which requires that' existing parking lots conform to the construction of. the new'Parking Lots Ordinance where existing buildings are enlarged or built. The recommenda- tion from the City Planner is that this be denied. Section 5-141(k) regarding parking lot Striping was also recommended to be denied, Chairman Ryder told Mr. Churey. Mr. Churey did not see any parking lot striping in any warehouses in Boynton Beach for 26 years, and there'have been plenty of new ones in the last four or five years~ Mr. Churey stated that he has been living here for 26 years and has not seen any parking stripes or bumpers. He~add~d~ "And he also has the bumpers on this property." Chairman Ryder noted that they did not have to quarrel with the drainage or handicapped requirements as the City Planner has requested that they be approved. Chairman Ryder said two others are required: Install curbs and signs. The recommendation was that the request for variance be denied. Mr. Churey asked where they would put the curbs. Chair- man Ryder clarified that they are wheel stops. Mr. Churey advised that they are already installed. Mr. Annunziato asked why there was a request for variance. Mr. Churey answered that they had to go through the "Building Board." to get a permit, and they requested it. Mr. Linkous asked if that was to protect the shrubbery. Mr. Churey said it would be about a foot from the shrubbery, but Mr. Edwards already has them there. Chairman Ryder asked about the additional parking lots. Mr. Annunziato said there would not be any. He wished to clarify that the recommendations come from the Technical Review Board and by a - 7 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 vote of the Board Members at the meeting. That way, all of the staff members are involved in the decisions. Chairman Ryder explained that what the City Planner recommends is a result of the meeting of the Technical Review Board, which is where all of the department heads that are involved (Building Official, City Engineer, and others) get together in regularly scheduled meetings. What the City Planner was recommending here was the decision the Technical Review Board had come to. Mr. Churey said the Board had to take into consideration that there is.not one warehouse on that street that has what Mr. Edwards has. Mr. Edwards has the nicest place on Industrial Avenue, and that is no doubt. Chairman Ryder said if the rest of them would come in, they would have to do the same as Mr. Edwards. He said the Board has to start somewhere. Mr. Edwards is coming in for approval and, at this point, Chairman Ryder said the Board has to see What they can do about putting their current Ordinances into effect. Mr. Churey pointed out that Mr. Edwards is only building, more or less, a storage shed. He is not making the building bigger~and not' increasing the parking. All Mr. Edwards is doing ms putting a storage shed of 24x25, he believed, there. All it would be is storage, and Mr. Edwards has all of the facilities for parking. Mr. Churey told the Members they want to make Mr. Edwards do some- thing over and above what anybody else has on the whole street. He did not think that was fair. He told the Members to go down Industrial Avenue and see the rest of the places. Mr. Wandelt explained that if anyone else on Industrial Avenue applies for a change like Mr. Churey has, they will be required-%o do the same thing. He said that was the Ordinance the way it reads and felt that was what the Board was to enforce. Mr. Churey thought the Ordinance was ail right but the Board should also take into consideration what they are working with and said they had one nice place "in the whole ghetto area." Mr. Churey again asked what the Board wanted Mr. Edwards to do. Chairman Ryder said the Board indicated to him what the recommenda- tions are. The only ones approved out 'of the six would be the handicapped and drainage. Chairman Ryder told Mr. Churey they would be required to put in the curbs, signs, striping, and otherwise conform to the new ordinance. Mr. Churey asked if he was to put a stop sign at each end of the drive. Chairman Ryder said Mr. Churey would be told where the City wants them. He asked Mr. Churey if he understood this ms what the recommendation is from the Technical Review Board. Mr. Churey replied, "Yes." He commented that "you cannot fight City Hall. Whatever you want, we will give it to you.' Chairman Ryder asked if anyone else wished to speak in support of the proposal. There was no response. He asked if anyone wished to speak in opposition to the proposal. There was no response. - 8 - MINUTES - PLANNING AND ZONING BOARD BbYNTON BEACH, FLORIDA JUNE 14, 1983 THE PUBLIC HEARING WAS CLOSED. Chairman Ryder thought they should vote on each one that was denied. Mr. Annunziato and Mr. Linkous disagreed~ They advised the motion should just ~be subject to the staff comments. Mr. Annunziato advised it should be subject to his memo. Mr. Wandelt moved to approve the parking lot/ subject to the staff comments and recommendations contained in the Memorandum from Carmen S. Annunziato, City Planner, dated June 7, 1983. Mr. Kies seconded the motion, and the motion carried 7-0. SUBDIVISIONS MASTER PLAN MODIFICATIONS Project Name: Agent: Owner: Location: Description: Meadows "300" PUD Julian Bryan C & H Properties Co. North Congress. Avenue between LWDD~Canals #s 18 and 20, west side 1. Request to transfer units from Parcel H to Parcel N 2. Request to delete required bicycle path on Congress Avenue Chairman Ryder reminded the Members of the Board that this was the subject of a hearing before the Council, at which time the City Council found that there was no substantial change and forwarded it to the Planning and Zoning Board. Mr. Annunziato, City Planner, informed the Board that the applicant is requesting in the first request that units .be transferred from Parcel H to Parcel N. Mr. Cannon located Parcel H on the plan. The units before were 361, and the units after would be 240. With respect to Parcel N, the units before were 256, and the units after would be 377. Mr. Annunziato stated that the net change is zero. The applicant is also requesting to be relieved of the requirement to construct a bike path along Congress Avenue. The reason for this is that the County has now received bids for the construction of Congress Avenue from N. W. 22nd Avenue northward to Lantana Road. Mr. Annunziato continued by saying the cross section that was constructed through the DeBartolo Mall, Motorola area with the 8 foot bike path on the east side and the 6 foot sidewalk on the west side will be continued northward. Therefore, the requirement is not only of this developer but on the F&R Builders' project (Boynton Lakes PUD). Mr. Annunziato said staff recommended that the application be approved. Julian T. Bryan, III, Land Development Consultant, 127 East Enid Drive, Key Biscayne, Florida 33149, explained that originally, Tract H, in their planning process, had been considered for three - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 story, multi-family units and Tract N would have been two story townhouses. After reflecting on the fact that Tract N has such abundance of premium lake frontage and Tract .H is at the corner of Congress and Hypoluxo, Mr. Bryan said they felt that they would like to lower from three stories to two stories to develop Tract H and take advantage on Tract'N by having some additional units on the water frontage ~n the open space. They would still then be consistent with the uses that~ they have eStablished for Parcel A, which is now under land'development and was proposed for two story fourplex type units. Mr. Bryan said it was simply a switch that occurred as they began to get more detailed into marketing_and began to realize what the consumer was looking for and what seemed to be sale- able in the marketplace. He thought the issue of the bike path was self-explanatory. Mr. Bryan assured the Board they do not want to recapture the 20 feet but would like to have the oppor- tunity to know that they can berm and landscape that and create a visual screen and buffer along Congress, To begin plans, Mr. Bryan said they need to know whether they have to have a bike path in or out of that 20 foot area. Chairman Ryder asked if the right.of-way was laid out subsequently for six lanes. Mr. Bryan replied, "Yes." Because it is curbed at the median, Mr. Annunziato informed the Board that the cross section provides for the addition of one lane north and one lane south. The impact fees are exacted at the time of permitting. Mr. Linkous asked how many units were in the project's entirety. Mr. Bryan thought it was 1394. As the Members would recall, Mr. Bryan recollected that originally they had a separate letter agreement with the County that said when they would do certain things. At the CountY's request, that particular agreement was abandoned and a new standard form agree- ment was adopted wherein they pay $200 for multi-family units and $300 for single families. That document is in effect and is a binding document. Last night, there was a meeting on Task Force for Boynton Beach Boulevard. Chairman Ryder asked Commissioner Koehler about the status of widening Congress Avenue from 22nd to Hypoluxo Road. Chairman Ryder said it is very much alive at this time and is not dependent on additional gasoline tax money. Mr. Annunziato added that the project that was designed in house by the County Engineering Office was bid approximately a month ago when the bids were opened. The low bid was with Hardrives for approximately 2.6 Million Dollars. $700,000 of that money is coming from a grant of the State Department of Commerce in connection with the economic development grants, which also built the section of Congress Avenue, in part, from Boynton Beach Boulevard to~N. W. 22nd Avenue. Mr. Annunziato thought they would probably begin construction in a matter of a few weeks. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mrs, Bond moved that the master plan modification of Meadows "300" PUD be approved, seconded.by Mr. Linkous. (Mr.- Annunziato advised that there were no staff comments.) Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Boynton Lakes PUD James Holland Lennar Homes, Inc. North Congress Avenue between LWDD Canals #s 18 - 20, east side 1. Request to change the unit types in Phase II from single family attached to single family detached units 2. Request to delete required bicycle path on Congress Avenue Chairman Ryder noted that this is similar, to the one they just considered. The one they just considered (Meadows "300") is on the west side of Congress Avenue, just below Hypoluxo Road, and Boynton Lakes is on the east side of Congress Avenue and some- what south of the Meadows "300" site. Chairman Ryder reminded Members of the Board that the Council considered this at their last meeting with regard to finding a substantial change and found no substantial change.. Therefore, it was sent to the Planning and Zoning Board, It appeared to Mr. Annunziato that this process of master plan modification was working well. He thought e~eryone recognized that the development industry is not a science, and personal choices change with the market'. The procedure is providing developers some flexibility to.react Changes in market style or market price. Mr. Annunziato told the Members the request before them was two- fold. One was to modify a portion of Phase II of Boynton Lakes PUD to change the unit types from single family attached units, which are currently under constructio~ to zero lot line single family detached units of the same number (102). The second request.is similar to the Meadows 300. It is to delete the requirement for a bike path. Zero lot line housing is something they have seen before in concept. Mr. Annunziato acknowledged that they have not seen any construction but said it is likely that either the Meadows 300 or BOynton Lakes will be the first to put this product on the market in Boynton Beach. The kind of houses proposed were presented to the Technical Review Board for review. They are 2, 3, and 4 bedroom units. All of the lots back up onto a semi-public open place, owned by the Associ- ation. This provides for circulation to the recreation facilities which also are owned by the private sector. The Council made a finding of no substantial change. Basically, there is no change in utilities demanded, sewage generated, or - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 garbage created. Mr. Annunziato added that it comes to the Planning and Zoning Board with no staff recommendations. Mr. James H. Holland, AICP, Director of Land Planning, Lennar Homes, resides at 2485 S. E. 10th Court, Pompano Beach, Florida 33062. He. believed Boynton Lakes PUD was 1,030 units. The plan was for one type of dwelling unit with two or three different models. This was a single family attached unit, fee simple villa. As Mr. Annunziato indicated, this proposal is for a single family detached zero lot line unit. Mr. Holland expressed that they feel there is a market for it, and they want to provide an opportunity for people in Boynton Lakes. All of the units will back up to a common open space. They are owned and maintained by a homeowners' association. He showed a plan and said there~ is a~slight increase in the build- ing coverage on the lots themselves and a slight diminuition of the common open space but the creation of additional private open space. Chairman Ryder asked if that was an example of their zero lot line. Mr. Holland said it was a blowup of their entire site and showed a typical cluster. He explained that in. the zero lot line concept, there is no side yard on one side. There are no openings in the wall on that side. The blank wall forms one side of the patio_for the adjoining unit, which does have a 10 foot side yard. Chairman Ryder asked if %hey were detached. Mr. Holland answered that they are smngle family,.detached units. It is a concept which is very popular around the country. Mr. Wandelt asked if there were no windows in the long wall. Mr. Holland indicated the blank wall side, which~forms the patio for the adjoining unitJ They try to keep the open space on the street side rather than the blank wall on that side. Chairman Ryder asked if that provides for maintenance. For example, if they wanted to paint that wall, he asked if they could go into Ghat area even though they do not own it. Mr. Holland advised that it would be included in the restrictions for the deed. Mr. Holland informed the Members that they feature a two car garage. Mrs. Bond asked if there ~s a recreation area. Mr. Holland replied that there is not one anticipated in this section, nor was there previously. There are a number of recre- ational areas just sout'h and east, across Boynton Lakes Boulevard, in the lower righthand corner of the plan that was on the screen. Mr. Holland said there is a private recreational area presently mn existence that has a couple of tennis courts, a recreational building, swmmming pool, etc. To the northend of this project, across the canal, on the east side of Boynton Lakes, there ms a reservation for a public park. Dos Lagos is below them, to the south. Mr. Holland told Chair- man Ryder they are immediately across from the Meadows "300" - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr. Wandelt moved to approve the master plan modification of Boynton Lakes PUD, seconded by Mr. Linkous. Motion carried 7-0. SiT~ PLAN APPROVALS Project Name: Agent: Owner: Location: Description: Boynton Lakes PUD James Holland Lennar Homes, Inc. North Congress Avenue between LWDD Canals ~s 18 and 20, east side Site Plan Modification requesting approval to add garages to some attached, single-family units Mr. Tim Cannon, Assistant City Planner, informed 'the Members of the Board that the site plan comes to the Board with a positive recommendation from the Technical Review Board. There were no staff comments. Mr. Cannon explained that this was a typical cluster. The garages would be located in the front. It would al'so allow the developer to add a slightly increased, floor area to the dwelling units. The modification would apply both to existing and planned townhouses in Phase I of Boynton Lakes.. ~which comprises approxi- mately the southern 1/3rd of the entire Planned Unit Development. Mr. Holland had nothing to add. He stated that they simplY want to provide ~the option on the lots in Phase I.to provide a single car garage. The units, are slightly larger.' Everything is identical except for adding the garages. Mr. Hester moved to approve the site plan for Boynton Lakes PUD. Mr. Kies seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Bethesda. Memorial Hospital Robert B. Hill Southeastern Palm Beach County Hospital District 2815 S. Seacrest Blvd., Boynton Beach, Fla. Site Plan Modification requesting approval to construct a satellite antenna dish on south side of building Mr. Cannon told the Members of the Board that the site plan modifi- cation ~omes to the Planning and Zoning Board with a positive recommendation from staff. There were no staff comments. Mr. Cannon informed the Members this was a 22 foot high and 28 foot wide satellite receiving dish which will be located on the south side of the hospital. The location is pointed out on the southern edge of the building. It would face away from the build- ing towards~ (Mr. Cannon believed) an existing nursing home on the south side, which is also zoned C-1. - 13- MJINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 19.83 Mr. James E. Schiller, Professional Engineer, 1057 S. W. 27th Avenue, Boynton Beac~ said the proposed satellite antenna is approximately 550 feet from Seacrest and will not change the sky- line in any way. It is directly north of the mechanical building of the nursing home. Mr. Schiller had a letter from the Nursing Home Administrator saying that he had no objection to the proposed antenna. Mr. Schiller advised that the antenna is a receive only antenna. It will not transmit anything and will not interfere with any- one's television or radio. Chairman Ryder asked if it was going to be used for public edification or use or for emergencies. Mr. Schiller replied that its primary use is for continuing medical education for physicians, nurses, and other medical pro- fessionals in the hospital. Chairman Ryder observed that they have a structure that is going to be partially submerged below the ground because it is heavily waterproofed. They have some footings and-concrete pedestals on top of that. Chairman Ryder noted there were'three concrete pedestals with' anchor bolts sticking up and asked, if that was where it is going. Mr. Schiller answered, "Yes. That is correct." Chairman Ryder remarked that it was directly opposite Boulevard Manor Nursing Home, and they would probably be the only ones that would see it. Chairman Ryder called attention to the fact that there is a drive- way inbetween. Mr.-Schiller advised that~they spoke to the Nursing Home and they had no objections to it. He felt it would be a positive benefit for the hoSpital and no detriment to any of the area. Mr. Linkous asked if it could be'utilized for the many TV sets in there, to pick up satellite programs. Mr. Schiller agreed that it could be but there are some licensing ~a~ifications they would have to address before they could do that. Mr. Linkous pointed out that it would save a lot of money, and Mr~. Schiller agreed. Operationally, Mr. Annunziato asked Mr. Schiller if they saw them- selves providing services to the nursing home. Mr. Schiller answered, "No. If we would do that, it would make the licensing a lot more complicated. Anything that~we~do, in the beginning, will be in-house education programming. Later on, we will investigate transmitting that to patient areas as well.' Mr. Linkous moved that the site plan modification f'or a satellite antenna dish on the south side of the hospital be approved~ Mrs. Bond seconded the motion, and the motion~carried 7-0. Project Name: Agent: Location: Description: Cedarwood Villas Phase II Arthur Carauana 2400 S. W. 19th Avenue, Boynton Beach, Fla. Site Plan Modification requesting a screen porch extension to unit at Lot 37 - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Chairman Ryder commented that this is a development along Congress Avenue and 19th Avenue. Mr. Tim Cannon, Assistant City Planner, said it was another minor modification which comes to the Planning and Zoning Board with~a positive recommendation from the Technical Review Board without staff comments. He explained the reason it is coming before the Planning and Zoning Board is it is a multiple family complex that was previously approved~by the City Council. Consequently, the addition of any structure or floor area also has to go through that procedure. Mr. Cannon showed the lot in question, townhouse units, and the townhouse plot. He indicated the location of the' proposed exten- sion and Congress Avenue along the west. Mr. Cannon told the Members the applicant'has received a variance from the Board of Adjustment. The extension would encroach on the required forty foot setback for multiple family dwelling units. The applicant also received the approval of the Board of Directors of Cedarwood Villas. Arthur Carauana, 2400 S. W. I9th Avenue, #137, Boynton Beach. Florida 33435, came before the Board. Chairman Ryder asked him what the purpose was for him wanting to go out ffve feet. He questioned what the need was and asked Mr. Carauana if he had a screened porch. Mr. Carauana said there is a screen porch right now that is approximately 7"x24'. The area is not an area that is feasible to use for anything or to entertain in. They are trying to increase the size of it from seven feet wide to approximately twelve feet wide. As most of the other unit owners do not have backyards, Chairman Ryder pointed out that this is something they cannot do. Mr. Carauana informed him that there are already two screened porches built out to that'extent (five feet out). One is immediately adjacent, to.the left of Mr. Carauana's, and there is one right next to that one. Chairman Ryder asked Mr. Carauana if he was aware that the reason for his rear setback was that the undeveloped area is zoned commercial, and they could get something lfke a service station, which is why he has a setback. Mr. Carauana understood that. Chairman Ryder told him he was attempting to encroach on that set- back~ and the setbacks are set for a reason, particularly when you are adjacent to a commercial zoning area. He could not understand the attempt to keep on encroaching on that sp~ce because, obviously, the thoUght was given mn advance that 'they would be isolated from the commercial activity if they were further away. Mr. Carauana asked Chairman Ryder if he was saying that because there may be a commercial building put on that property in the future, Mr. Carauana should be concerned and not move further over toward that property. Chairman Ryder said that was correct. He acknowledged that Mr. Carauana told the Board that his Board of Directors had approved this and, possibly, they. had approved the others. It appeared to Chairman Ryder that they had two classes - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 of unit owners: people with no backyard and people with a back- yard that feel it is so big, they can encroach on it, and they are all in the same development. Mr~ Carauana explained that all of the people in that particular group of buildings have a backyard, and these backyards are 40 feet deep. He was asking not to extend out ~in the fashion of a screened porch because he understood he could extend out within 8 feet of that line with a slab, screened porch and screened top, and there would absolutely be no question raised. The only question being raised at this point was Mr. Carauana's request to put a concrete roof on it. Chairman Ryder commented that apparently, Mr. Carauana was granted a variance. It seemed to him that questions of this kind were circumventing the original plat. He said it would have to go from here to the City Council because they approved the site plan, and it is changed. It seemed to Chairman Ryder that, going through the Planning and Zoning Board and the City Counci~ what was involved was circumventing the original plans. He was not pleased with it. When you get a variance, presumably it is a hardship the City has inflicted. Chairman Ryder did not know where the hardship was here by denying what Mr. Carauana wants to do. Mr. Carauana did not think they were discussing the question of a hardship. He told the Members that the size of the porches that were built by the buyers are a little bit more than corridors. It is impossible to place furniture properly in those porches. Mr. Carauana is the third party that has extended out a slab in order to use that space properly. All Mr. Carauana was requesting was the opportunity to put a permanent type roof over the extension. Mr. Carauana said the only hardship that would exist here would be if he put furnishings or whatever into this five foot slab, which has already been put in and approved. They would just be rained on, so it would make that five foot extension unuseable and useless. Mr. Wandelt could sympathize with Mr. Carauana because he had a small porch, and by adding just a few feet, it made a big difference. By putting a roof over it makes a world of difference, so Mr. Wandelt could understand. T.he only thing Mr. Carauana was actually requesting was to put a permanent roof over this five foot slab. Apparently, there is no objection from the people around him, Mr. Linkous observed. Mr. Carauana is aware of the encroachment, as are the other people around there. Chairman Ryder remarked that it may very well be that they will be back next week for themselves. Mrs. Bond reminded Chairman Ryder that there are two others who have an extension with a porch. Mr. Wandelt added, "but not with a roof." Mrs. Bond did not blame Mr. Carauana for going a little further. - 16 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr.. Wandelt moved to approve the site plan modification for a screen porch extension. Mr. Linkous seconded' the motion, and the motion carried 6-1, with Chairman Ryder voting against the motion. Project Name: Agent: Owner: Location: Description: ~The Atrium" D.I.C. Commercial Construction Corp. and Boca Properties, Inc. Michael Properties South Federal Highway at SE 28th Circle, northwest corner Site Plan Approval request to construct a 20,250 sq.. ft. commercial/Professional building plus ancillary landscaping and parking Mr. Tim Cannon, Assistant City Planner, told the Members the site plan comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board~ subject to staff comments. The site plan calls for a two story office, retail building. Mr. Cannon showed the outline of the building~ which is located on a 1.3 acre site. The total floor area for the two stories ms 20,250 square feet. Mr. Cannon said the site is located on the N. W. corner of Federal Highway and S. E. 28th Circle, which is the southern. entrance to Los Mangos. He showed the location of Los Mangos, and said the applicant would have to remove the existing median and rebuild to its present condition, including the utilities and 'the irrigation system. Mr. Cannon pointed~to the location ~of the building and the truck loading area. He said there would be the requirement for the placing of fire hydrants and indicated the locations. Mr. Cannon further pointed to the parking aisles, which run north/ south and the landscaped areas between the parking aisles. Mr. Cannon read the staff comments as follows: Building Dept.: "Subsequent to reviewmng'the above mentioned site plan, be advised of the following: 1. Board of Health permit will be required. 2. Overhang on the east and west end of buildings encroach setbacks. 3. Rear overhang scales to encroach property to the north, (four foot (4') setback- five foot (5') overhang. ) 4. Protective buffer wall requires two foot (2') setback frc~ the west property line; plan denotes one foot (1')." - 17 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 With reference to paragraph 2 of the above comments, Mr. Cannon advised that the applicant has submitted revised architectural drawings. As to paragraph 3, Mr. Cannon stated that the applicant has also corrected that. Paragraph 4 refers to the six foot high walls the Zoning Code requires between commercial and residential property. This comment says the wall.must be set back an additional foot from what the applicant shows. Mr. Nick Chakalos, representing D.I.C. Commercial Construction Corp'., of 101 S. E. 12th Avenue, Pompano Beach, F. lorid~ had nothing to add. He said it was brought to their attention in conversations with Carmen Annunziato, City Planner, and also in a memo' to them that the setback violations ~have been corrected at 'this point on both the east and west sides of the building. They el~iminated the overhang there and, therefore, they are not in a setback. On the nort.h side of the building, which is the rear, they had an encroachment problem there, being that it would be an-over- hang. Mr. Chakalos said they have now shortened that overhang to 3'6", meaning 1'6" would be within the property line. Relative to the buffer wall, Mr. Chakalos stated that they moved that one foot to the east, which would get it one foot further into the green area. Chairman Ryder observed that they have two stories. He under- stoOd the lower story was intended for retail purposes. Mr. Chakalos informed him that ten are proposed on the first floor and ten on the second floor. Mr. Annunziato showed the plan to the Members. Across the top was the elevation they would see parallel to S. E. 28th Circle. Chairman Ryder noted this was the northend. Below that was the rear elevation, which faces north. Mr. AnnUnziato said the side elevations, left and right, were very similar if not the same. The pr.oposal is to have beige stucco on the building with bronze shingles. Chairman Ryder remarked~ that it would not win any prizes architecturally. He asked if anyone wished to be heard on this matter. He heard that some people in Los Mangos had something to say. Mr. Angelo L. Pantalone, 2832 S. E. 5th Circle, Boynton Beach, Chairman of the Board of Directors of Los Mangos, said they were interested as to how the entrance way would affect their property. He understood they would lose the island. Mr. Annunziato explained that there will be a median cut placed in the island, but the island will remain except for the portion adjacent to where the driveway is cut out. Chairman Ryder aSked Mr. Pantalone if he had seen the plan. Mr. Pantalone answered, "Yes.~ Mr. Pantalone felt they had done a lot of work to beautify that area and said it will interefere with the traffic getting out of Los Mangos. He mentioned that the Farmer in the Dell Motel - 18 - M~NUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 had an excellent entrance way on 28th Court. There was often a mixup there with people exiting or entering Los Mangos from Federal Highway '(~U. S. 1). Several times there were near misses, and Mr. Pantalone felt they had to take into consideration the possibility of accidents occurring in that area. He was talking about the outlet they had on 28th Court and told Chairman Ryder there are problems there. Mr. Pantalone said there were problems, along with'the motel, until the motel took it upon itself to barricade that entrance/ exit area they had on 28th Court. He was afraid there would be accidents occurring with this cut through the island. Chairman Ryder informed him that he had an access to the north. Mr. Pantalone agreed that they did on 27th Way. What Mr. Pantalone was discussing was that the traffic out of this construction' area here onto 28th Cour.t~will interfere with the traffic exiting and entering Los Mangos, and the traffic is very heavy. Mr. Pantalone could not understand, what the diS- advantages are of an entrance and exit on Federal Highway to the property. Chairman Ryder called attention to the fact that 28th Circle is a public street and is not a private entrance to Los Mangos. Mr. Pantalone knew that.. Chairman Ryder noted Mr. Pantalone said he had problems there but if they add another cut somewhere else, they woUld aggravate the situation. access off~_of?~the an accident is much greater on U. S. 1,than off~f the side street, where you have volumes of 20 or 30 vehicle trips per day. On U. S. 1, you might have volumes of 300 or 400 trips a day.. From a traffic point of view, Mr. Annunziato thought S. E. 28th Circle was an underutilized street. The median cut is sufficiently removed from U. S. 1 to provide adequate stacking on S. E. 28th Circle.. Mr. Annunziato emphasized that there should not be an unreasonable problem created as a result of this median cut. In fact, he thought it would be negligent on the municipality s part to prevent the access to 28th Circle for this property. Chairman ~Ryder was aware of Mr. Pantalone's concern because it would mean more people coming in and coming out, but there will be 20 units altogether, and maybe their hours would be just daytime hours. Retail may be something else'. He asked how many movements they would have there during the day.~-.~Mr. Chakalos had no idea. Mr. Annunziato answered, '"Maybe 400 or 500 trips a day." Chairman Ryder commented that a good deal would depend on the type of occupancy. Mr. Pantalone told the Members to take into consideration the various businesses up the street between Woolbright and 28th. He referred to what was formerly Sambo's, MCDonald"s, and quite a few fast food businesses. They have an entrance and exit on - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 U. S. 1, which does not seem to be a problem. The main problem is getting onto U. S. 1 if you have a cross over where people try to cross the traffic going on the northbound lane plus the fact you also have a third lane on U. S. 1 for the righthand turn, going south into Los Mangos. What Mr. Pantalone was talking about was the traffi~ exiting from this proposed building onto 28th, across this island on the exit side of 28th Court and cars coming out of Los Mangos. This was where they may run into problems~ as they have right now. Many people turn in there, mistake it for some other street, and then try to make a U turn at the end of the island. They run over the property and onto their lawns. They also run into the rail- road ties that protect the sign. Mr. Pantalone was afraid it would present quite a few problems, especially if trucks try to get in on that property. Chairman Ryder observed that they have a sign at the tip of the island. Mr. Annunziato said it would lie to the east of the proposed.median cut. He added that it would be likely that even with a curb cut on Federal Highway that the ~pplicamt would still be required to curb cut on 28th Circle in order to access north- bound traffic. Mr. Linkous agreed that you would have to. Mr. Annunziato agreed there was a potential ~for a curb cut but they had suggested that the applicant not have a curb cut on Federal'Highway. It would have to be 180 feet north of the inter- section of the rights-of-ways lines; which would put them with- in 20 or 30 feet of the north property line. Mr. Annunziato added that it would result in a modification to the site plan. Mrs. Bond asked if it would help to know what kind of professional or commercial building this would be or what type of traffic would be coming out of there. For the. office, function, Mr. Annunziatfo replied they could count on approximately 12 trips per 1,000 square feet, so for 10,000 square feet in the upstairs, they were talking about 120 trips, more or less. For the commercial, it would probably be twice that. Mrs. Bond asked if..a traffic study would be forthcoming. Mr. Annunziato did not think so. He said it would not come near 250 trips per hour and'said they were not talking about a large function here. Chairman Ryder noted it was a heavily wooded area and asked if most of the trees would have to come dOwn. Mr. Annunziato answered that they are primarily exotiCs (Melaleuca), so the City would recommend that they take them down. He said the tree preservation plan was submitted by the Forester. Mr. Pantalone asked how many parking places will be on the property. Mr. 'Chakalos informed him there would be 86. Chairman Ryder said the City wants to make sure they have places to park. It does not mean they will all be filled. MINUTES - PLANNING kND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr. Pantalone mentioned that the City realizes about $133,000 in taxes from Los Mangos and that they are law abfding citizens. He stressed that they get no service_ from the City insofar as street lighting or street~maintenance because they take care of that themselves. He thought they should be given some consideration where you have the possibility of an entrance and an exit on U. S. 1. Mr.-Pantalone recalled that someone mentioned that northbound traffic would have to go up to 23rd Avenue and come down south to get in. Just below the Sage and Sand Motel, Mr.. Pantalone said there are several places where you have to go up to.the area of the Sun Bank or Burger King,~--~' go in there, %urn around and go south to get into places like Chicken Delight. He could not see why it could not be done here. At Burger King, Chairman Ryer said they have more means of access on the side street than on Federal Highway, which was intended because every new curb cut on the Federal Highway poses a problem. He added that they seem to be in a bind because another curb cut'would not be very helpful from the standpoint ~f traffic. Mr. Linkous believed this.particular use would probably be the best they could get for C-3 zoning and told the property owners they could do a lot worse. Mr. Wandelt asked what the size of each unit is. replied that it is just under 1,000. Mr. Chakalos Councilman deLong came forward to adwise that the northbound traffic does no't have to go up to 23rd Avenue to make a lefthand turn because they have a lefthand turn and cut in the median strip at ~Jo~l.~s Restaurant. Mr. Robert W. Taves, 533 S. E. 5th Circle, Los Mangos, Boynton Beach, thought they had to take into consideration,that Colonial Club is across the street, which pours a lot of traffic into Federal Highway. During the tourist season, you_have to take your life in your own hands if you want to come out of Los Mangos and make a left turn, going north. Chairman Ryder reminded him that they have a storage lane for the left turn, going north. Mr. Taves said he does not even use that particular exit during the season because you cannot get out. If he wants to go south, it is fine, but if he wants to go north, Mr.~ Tave goes up to Jo-Al's. If they have the access going into Federal H,ighway, Mr. Tave said the people that would access would have to go south~ go down farther, and then come back. He felt it would create a traffic problem during the season. Joseph F. Haggerty, 524 S. E. 5th Circle, Los~Mango~s, Boynton Beach, noticed they mentioned Burger King. He stated it was a totally different situation than you have going into Los Mangos. In Los Mangos, there are a lot of people landlocked back there, and they have two exits (the exit at jO~Al's or the one at 28th Circle). As Mr. Taves mentioned, they have the traffic at Colonial Club across the street. - 21- M~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Mr. Haggerty knows there are 180 units back there, and he thought the majority of them use the main entrance. 'Mr. Haggerty referred to Arby's and said most of their customers go in off of Federal and come out on Federal, even though they have a side entrance. He thought it was good common sense to bring them down there because anybody coming down would go in there rather than turning around and going up to 28th Circle. Mr. Wandelt was not too much in favor of curb cuts. Normally, Chairman Ryder said you would look for getting in on a side street rather than Federal Highway. Mr. Rudy H. Leppla, 505 S. E. 5th Circle, Boynton Beach, said there is a curb cut existing now on Federal Highway to this property. Furthermore, two office complexes which have recently been built on the east side-of Federal, tha~'~architecturatly are beautiful, are just south of Woolbright on the east side of Federal immediately north of the Seagate Condominmums. Mr. Leppla said you enter from Federal, and you exit from.Federal. Mr. Leppla referred to the other one, which is a New England style, off of Federal. Chairman Ryder stated that there is no side street east of Federal Hig. bway at that point. Chairman Ryder pointed out that the applicant's frontage is only 200 feet. If it was more, possibly they could do that. He said there is a side street and if you can get activity off of the main highway, it is something to consider. Within that 200 feet, Mr. Leppla said they have one cut already existing. Mr. Annunziato agreed that there is an existing derelict curb cut tha~ would.be removed, which could not be made effective owing to the City's Parking Lot Ordinances. He informed Chairman Ryder that it is probably 30 feet north of the intersection. Mr. Annunziato advised that our Code requirements would require that it be moved 180 feet north. Mr. Leppla asked if any consideration had been given to the traffic flow, if the parking is going to be.at~ might angles off 28th. He questioned whether there would be room to turn around or if they would back out. Chairman Ryder told him to look at the plans, and Mr. Annunziato explained it to him. Chairman Ryder said there should be no reason for backing out. Mr. Linkous asked what the width of the entrance way was. Mr. Annunziato said each of the driveways provides for two way traffic. Mr. Annunziato informed Mr. Linkous that the access aisles are 22 feet; the driveway is 25 feet, which is consistent with the City's Code requirements. Mr. Leppla also felt there would be a traffic problem. He asked if the maintenance of 28th (the roadway) will be the responsibility of the City. As it is a public street, Chairman Ryder thought it would be the responsibility of the City. -Mr. Annunziato did not believe the City maintains the median. The residents of Los Mangos said they maintain the median. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 A man from Los Mangos said the City has not done anything forR~five years. The shoulders of the road are breaking off into sand. When they get a lot of traffic in there, a sizeable overhaul will have to be done on the whole street. Mr. Angelo Pantalone, Chairman of the Board of Directors of Los Mangos, reappeared and asked if this was going to be the only entrance and exit to the property. Mr. Annunziato and Chairman Ryder said that was correct. Mr. Pantalone could not see how that was going to work and asked how much of the median strip would be removed.. As of now the berm is terrible, and Mr.. Pantalone questioned whether there would be sidewalks. Chairman Ryder advised that the City alWays requires sidewalks. In answer to Mr. Pantalone's question, Mr. Annunziato replied that the median cut is 45 feet and sidewalks Will be constructed by the developer adjacent to his property on the north side of the road. Chairman Ryder added that the sidewalks will be for the entire frontage of the developer's property, right up to the wall, which, is the boundary line of Los Mangos. Mr. Pantalone asked what type of wall it would be. Mr. Annunziato informed him that it would be a six foot, masonry decorative wall with stucco on both sides, which is a Code requirement. Mr. Pantalone asked if all of the Melaleuca will be taken down. Mr. Annunziato replied, "Yes. ' M~. Pantalone said there is one on the southwest corner of tremendous size. It prevents lighting of the street west of the location of the light. Chairman Ryder commented that Sam Scheiner is one of the Directors of Los Mangos, is away now, but spoke to him before he left. He said Mr. Scheiner saw the plans and was not too happy with them. Chairman Ryder informed everyone that Mr. Scheiner is providing quite a public service for the City, working on the Boards etc., and was concerned. Mr. Pantalone proposed that if you have a curb~cut on Federal into the property, people coming south coutd turn into there. He could see the advantage of the cut for individuals going north because they do have a lefthand turn there to get into the property but, as Mr. Haggerty stated, Mr. Pantalone said they will have a lot of problems with just one entrance/eXit to the property during the season, He called attention to the 500 units at Colonial Club. With the curb cut on U. S. 1, Mr. Pantalone thought it could ease up some of the traffic problems. He said it could be an entrance/exit. Chairman Ryder said it would not be safe. Mr. Pantalone urged the Members to take the curb cut into consideration. Mr. William Krupa, 2820 S. E. 5th Circle, Los Mangos, has people who visit him. In order to get out of the exit, they go south to the light by Gulfstream and get around to avoid going north because of the traffic. He thought the Members should consider that human life is involved here. - 23- M, INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Chairman Ryder asked if they had anything to show the location of the entrance to Colonial Club. He asked i'f it was about opposite to this street. Residents of Los Mangos informed him it is directly opposite. One man said if you came out of their street, you would go straight across, straigt into Colonial Club, and would not have to turn one iota. Chairman Ryder determined that if you are leaving and want to go northbound, sometimes you would be pre:vented because somebody is going southbound and wants to go into Colonial Club. One man from Los Mangos asked why they could not have a light, and he told how it is when you sit in the middle of the highway. Mr. Krupa thought if this thing goes through,~t-hey would have to put a traffic light right on that intersection. Mr. Kies asked if it was impossible to have a cut on the Federal Highway for this particular site. He asked if it was physically impossible. Mr. 'Annunziato was sure the Department of Transporta- tion would not permit it because the median cut serving S. E. 28th is in close proximity. He advised you could have a curb cut for southbound traffic onto U. S. 1-. It would be 180 feet north of the intersection of the right-of-way line, which would put it within 25 feet of the north property line. At a minimum~ it would result in the redesign of the site, but Mr. Annunziato thought you would still have a curb cut. Mr. Annunziato agreed that it would actually diminish some of the traffic problem in that the southbound traffic would likely be short circuited~onto the site prior to entering 28th. Mr. Annunziato thought the curb cut at 28th is still going to be there and the real problem was the left turn movement out of 28th. The right turn movement is not going to be a significant problem. Anytime you try to cross smx lanes of U. S. 1 (three lanes in each direction), Mr. Annunziato said it is a problem with anything other than a sigpalized intersection.. Chairman Ryder remarked the only solution would be to get a light there. Mr. Annunziato did not think the Department of Transportation would authorize it. Mr. Krupa pointed'out that the traffic coming out of this project would come out on 28th and still has to come out on Federal. He asked why they did not have it come in on Federal where the normal place would be rather than have it on 28th and still have to come out on Federal anyway at the intersection. If you have two curb cuts in close proximity of each other, Chairman Ryder said you do not do through traffic on the high- way any good. To reiterate the staff's position, Mr. Annunziato said the problem ms not right turning traffic or southbound traffic exiting the site. The problem is going to be northbound traffic, exiting S. E. 28th, which will be the one that will tie up traffic. There is no question that a curb cut could be constructed on the property on U. S. 1 for southbound traffic. It would probably remove some of the turning movements onto 28th but Mr. - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Annunziato did not think those would be the turning movements that would cause problems.. He agreed it would short circuit some of that property. Chairman Ryder Stated he would have no objection to them redesigning the site'. Mr. Linkous moved to approve the site plan of Atrium Place, subject to staff comments and subject to review of the traffic problem that exists with the possibility of obtaining a traffic light to alleviate in some way what the residents of Los Mangos have been talking about. Mr. Linkous asked if this was addressed at all by staff. Mr. Annunziato replied that staff thought this was one of the proper solutions to the problem as it takes traffic o'ff of U. S. 1. Without the benefit of a traffic signal, Mr. Annunziato did not think the problem would improve~ but he doubted that the awards would ever be met for a traffic signal. Mrs. Bond seconded the motion. Mr. Annunziato asked if Mr. Linkous was suggesting that the applicant go to the Council with this information. Mr. Linkous was moving that the Board approve it subject to staff comments and subject to their determination of what can.be done to alleviate the situation. CounCilman deLong interjected that the City Council did request the Department of Transportation to put a ~traffic light there, and it was turned down. In lieu of that, the Council asked the DOT to put a flashing light there, but as far as getting either one, Councilman deLong informed the Board that it is a long way off. Mr. Annunziato said the thing that would trigger a light at this intersection would be your peak hour movements, and they are not going to be that dramatic at this intersection. Councilman deLong said another problem they are taking under consideration is the new self service on the south corner of Old Dixie and the Federal Highway. It has not even opened up. A man in the audience noticed they put an exit on Federal there and 'not on Old Dixie. He called attention to the fact they have a side street to take care of that but nothing is on Old Dixie. Chairman Ryder agreed with Mr. Linkous that they should pose it to Council and see what they can do with it. Obviously, it is not an easy decision to make but he saw no alternative. A vote was taken on the motion, and the motion carried 7-0. The motion was clarified that the site plan was approved, subject to staff comments, with a request for an analysts of the traffic problem. Mr. Linkous and Mrs. Bond agreed to this. Mr. Annunziato thought it was incumbent upon the applicant to immediately hire a Traffic Consultant to..analyze-the traffic in the area and then submit the information to Mr. Annunziato and the Council. - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 Chairman Ryder recognized Vice Mayor Carl Zimmerman and Councilman Nick Cassandra, who had jointed the meeting awhile back. Project Name: Agent: Owner: Location: Description': Droemer Building Barbara Woellner Veronika Droemer S. W. 14th Place Boynton Beach, Fla. Lot 9, Lawson Industrial Park Site plan approval request to construct a 17,000 sq. ft. industrial warehouse building plus ancillary office, parking and landscaping Mr. Tim Cannon, Assistant City Planner, told the Members this came from the Technical Review Board with a positive recommenda- tion, subject to staff comments. Mr. Cannon,said the industrial park is adjacent to South Tech School. There are two entrances off offS. W. 14th Place, which Mr. Cannon indicated on the plan. Mr. Cannon informed the Board that it is a place where import autos will be tested for';omissions ~nd. WiLL be[.br~ght up to U. S. Standards. There will be several other spaces available in the building'for other rented uses. Mr. Cannon continued by saying there is a one way drive around the rear of the building, and parking spaces are provided both along the rear and out in front. He read the staff comments, as follows: Building Dept.: (Bert Keehr, Deputy Bldg. Official) "1. A hedge is required between the driveway and the front property line. 2. Parking spaces in the northeast corner do not have required backup spaces." Mr. Cannon indicated the corner on the plan and said this pr_oblem could be solved by rotating 45© spaces to 90u spaces. "3. Landscape area at the front property line must be reduced in width to allc~; required backup room for both ninety degree parking areas. 4. No parking is provided for other principle uses such as offices, retail floor area, etc." As to Comment 3, Mr. Cannon said that means that part of the landscape area will have to be cut out to allow the proper backup for parking spaces which he indicated on the plan. Fire Dept. "Subject to installation of an additional fire hydrant on the S. E. corner of property. ' Engineering Dept.: "Subject to removal of landscaping frcm the right-of-way." Planning Dept. "Subject to addition of car stops mn all parking stalls in the front parking lot." Mr. Cannon said they would have to have one car stop for each space - 26 - % '~MfNUTES - PLANING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 14, 1983 as opposed to one for every two spaces. Barbara Woellner, 70 Curlew Road, Point Manalapan, Florida 33462 was familiar with the staff comments. Mr. Annunziato asked Ms. Woellner if she agrees~to comply with the staff comments. She replied, "Right." It seemed to Mr. Linkous that Comment 3 of Mr. Keehr's Memo (Building Dept.) and the comment from the Engineering Department were the same. Mr. Annunziato clari'fied~that they were almost the same but what happened was the landscaping has to be moved to the opposite side of the sidewalk. One is saying to take the landscaping out of the public right-of-way. The other is saying the landscaping is required to separate paved areas from streets. Mr. Hester moved to approve the site plan of Droemer Building, subject to staff comments. The motion was seconded by Mr. Wandelt and carried 7-0. Future Meetinqs Chairman Ryder again reminded the Members of the Workshop Meeting on June 29. Vice Chairman Winter advised that he would be away during the month of July. Chairman Ryder said he may be in the hospital then. When questioned as to what would happen when both the Chairman and Vice Chairman would be absent, Mr. Annunziato advised that he will recommend a temporary Chairman. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:40 P. M. Respectfully submitted, Patricia Ramseyer { Recording Secretary [ (Three Tapes ) ~J - 27 -