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Minutes 05-10-83MINUTES OF THE REGULAR ~EETING OF THE PLANNING AND ZONING BOARD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 10, 1983, AT 7:30 P.M. P RE SENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Stormet Norem, Alternate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ABSENT Walter Kies, Alternate (.Excused) ACKNOWLEDGEMENT OF MEMBERS AND' VISITORS Chairman Ryder called the meeting to order at 7:30 P.M. He welcomed everyone and introduced the Members of the Board, the City Planner, the Assistant City Planner, and the Recording Secretary. Chairman Ryder was in receipt of a letter of resignation from Alternate Member, Douglas Sussman, as he was going upstate. Council appointed replacement, Walter Kies~ will be present at the next meeting. Chairman Ryder acknowledged the presence of Mayor James R. Warnke, Vice Mayor Carl Zimmerman~ Councilman Joe deLongr Councilman Nick Cassandra and the City Manager, Peter L. Cheney. MINUTES OF APRIL 12, 1983 Mrs. Bond moved to accept the minutes as presented. Mr. Linkous seconded the motion, and the motion carried 7-0. ANNOUNCEMENTS None. COMMUNICATIONS None. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA ~Y 10, 1983 OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEAR'ING 1. Proposed Zoning Or~dinan'ce Amendment An Ordinance of the City Council of the City of Boynton Beach, Florida, amending Appendix A - Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, to amend' Section One, definition of terms, to add a definition of "arterial street, collector street, expressway, and local street" and to amend the definitions~ of "automotive service stations and lot frontage;" to amend Section Six B, "C-2 Neighborhood Commercial District" to add an addi- tional conditional use permitted, being service stations without major repairs; to amend Section 11, Supplemental Regulations, Subsection L, to specify the applicability of said subsection; to amend Section 11.1 to add Sub- section H specifying the status of existing uses requiring conditional use approval, providing a conflicts c~use, a severability clause, authority to codifyr and an effective date; and for other purposes. After Chairman Ryder read the above, Tim Cannon ~fotlowing. Several months ago Royal Petroleum, Inc. requested rezonlng from C-2 to C-3 for a parcel of land on N.W. 2nd Avenue, west of 1-95 because they had an existing automobile service station which they wished to expand by putting in new fuel tanks. Because it was a nonconforming use, they would not have been allowed to do that. The Planning Department recommended against the rezoning but recommended that service stations be allowed as a conditional use in the C-2 Zone. The Planning and Zoning Board concurred and recommended to COuncil that the C-2 regulations be amended to allow service stations as a conditional use. This amendment has been put into Ordinance form. As the applicant's rezoning request has been advertised again he can press forward with his rezoning request tonight from C-2 to C~3 , if the~text amendment fails to pass. Mr. Cannon further reviewed the contents of the proposed Ordinance. He explained Section 4.1.t. "Uses Permitted", Sections ~nd 8.H~. in detail. Chairman Ryder asked if Section 8.H. "Status of Existing Uses Requiring Conditional Use Approval" replaced something else and amended it because of the service station factor. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 Mr. Cannon replied that formerly the zoning district regulations were unclear as to whether an applicant would have to go through the conditional use procedure or just get a building permit. The Chairman stated that in other words, this gave the City an oppor- tunity to clear it up. Mr. Cannon concurred. Mr. Annunziato added that Chairman Ryder's point was well taken on Section 8 in that there was a gap in the City's existing Zoning Code as to the status of uses which became conditional upon the adoption of the conditional use provisions which occurred after the adoption of the Zoning Code. The number of uses wereL'~then determ~ed to be conditional, however, the status of those uses was never addressed. This now clearly points out what their status is with respect to the Zoning Code so it has general applicability. In reply to a question Mr. Linkous asked, Mr. Cannon said/~what~.~ Section 6.L means is that if the existing service stations want to expand their floOr area or site, etc~, they would not have to strictly comply with the site design criteria of the City for service stations, however, the particular official or Board or City Council that is reviewing the site plan, could impose those conditions if it would be reasonably possible and if there were some benefit that. would result. Mr. Linkous further asked if the plat plan were too small, could the variance be either accepted or rejected? To be further specific, Mr. Annunziato explained that Section L of the Zoning Code was drafted specifically to address service stations; new service stations on 17,500 sq.ft, lots. Obviously most of these existing service stationsr particularly in a C~2 Zone could not meet every site design criteria that appeared in Section L~ therefore going through this exercise became superfluous because there were hardly any of these gas stations that could meet every one of these specific design criteria in Section L. That was ~he reason for the first sentence: "The following regulations shall apply toall service staticns constructed on or after January l, 1983". Mr. Annunziato further explained that meant all new service stations constructed. If existing service stations can do things to make them safer, consistent with Section L, i.e. having enough square footage on the site to put in landscaping or new driveways, etc., then they should do them as a public safety measure, but if they physically cannot accommodate all of the site design criteria in Section L, it would not be mandated and there would be no need for a variance. That answered Mr. Linkous' inquiry and he thanked Mr. Annunziato. As this was a Public Hearing, Chairman Ryder asked if anyone in the audience wished to speak on this Amendment. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10~ 1983 Mrs. Alice Boswell of N.W. 6th Court asked what the difference was between C-2 and C-3 Zoning. Chairman Ryder explained just what Mrs. Boswell said she wanted clarified. After Mr. Annunziato answered another question, it was suggested that Mrs. Boswell ~0~i~-~g~t~fur~herr~exptanation from the next item to be addressed on the Agenda. Mrs. Boswell thanked the Chairman. As there were no other responses from the audience to speak either for or against the Amendment, Chairman Ryder declared THE PUBLIC HEARING CLOSED and would now hear from the Members of the Board. L Mr. Mauti asked Mr? Annunziato if he was correct in that the Amendment was alleviating a nonconforming use. Mr. Annunziato stated that the standards of these uses will not change until they go through a conditional use equivalent procedure. We are providing a mechanism to take away the nonconformity. Mr. Mauti moved that the Proposed Zoning Ordinance Amendment be approved. Mr. Linkous seconded the motion, and the motion carried 7-0. PUBLIC HEARING 2. Rezoning PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Royal Petroleum~ Inc. Lee Starkey Canadian Petroleum, Inc. Northeast corner of Boynton Beach Boulevard and N.W, 7th Street Rezoning request to rezone from C-2 Neighborhood Commercial to C-3 Community Commercial, Lot 2, Laurel Hills as recorded in Plat Book 21, Page 38, Official Records, Palm Beach County to allow the lawful existence of a previously constructed gasoline station. Chairman Ryder stated that this request has appeared before the Planning and zoning Board previously. Chairman Ryder reviewed the previous proceedings that had taken place and the basis for the Amended Ordinance. For the benefit of the questionner at the Public Hearing, he!elaborated on the C-2 and C-3 zoning involved. Mr. Lee Starkey, Agent for Canadian Petroleum, Inc, stated - 4 - MINUTES - PLANNING AND~'ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 that in light of the Board's previous act of amending the zoning ordinance, he was requesting withdrawal without prejudice. Inasmuch as the applicant has withdrawn his application, Mr. Annunziato stated that there was nothing for the Board to review. Mr. Annunziato asked that the applicant follow up his verbal withdrawal with a notice in writing. Chairman Ryder asked Mr. Starkey if he was going to wait as this moves through the Planning and Zoning Board and through the City Council. If the proposed zoning ordinance amendment goes through, Mr. Starkey advised that there would be no need for a~request to change the zoning. He would be back before the Board with a Special Exception for a Conditional Use. Chairman Ryder noted that this would be a gratifying solution because Mr. Starkey's client is not the only one on Boynton Beach Boulevard in this category. From the standpoint of the public, this is a much better solution than going to another zoning category which may have harmful effects on the surrounding area. Mr. Starkey agreed and thanked the City Planner and the Assistant City Planner for their assistance. ZONING ORDINANCE MODIFICATION STATUS REPORT MI - DISTRICT 'REGULATIONS Mr. Annunziato reported that because of the complexity of the issue, the second draft is now being designed-and it is expected to come before the June 14th Board meeting. It was the suggestion of Mr. Annunziato that the Board might want to set a workshop meeting to review this document~after receipt including not only the M1 use provisions involved but several proposed proceduresat~o ihct~ding~ge~al performance criteria to be placed within the zoning ordinance andi~an env~hmen~l~ review procedure involving submission of plans to the T.R.B. C: SUBDIVISION PRE-APPLICATION (TABLED) PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPT ION: Townclub of Boynton Beach Kilday and Associates Townclub of Boynton Development Corp., Inc. N. E. 4th Street south of N. E. 22nd Avenue 104 dwelling unit condominium plus recreational facilities - 5 - MINUTES - PLANNING AND ZON~'NG BOARD BOYNTON BEACH, FLORIDA ~-IAY 10, 1983 Before continuing with further discussion, Mr. Hester moved that this item be removed.from the table. Mrs. Bond seconded the motion, and the motion carried 7-0. Mr. Annunziato reviewed the circu~nstances which led to tabling this item. The Technical Review Board met to reevaluate the Board's position concerning N, E. 17th Avenue. At that April 26th meeting, Mr. Annunziato advised that the issue was again addressed with respect to public safety and certain ordinance provisions. The public safety issues raised by,the Fire and Police Departments still exist. The subdivision regulation states that the continuation of streets should be provided for to nonsubdivided .properties. For the Board Members' edification, Mr. AnnUnziato referred to the packets he provided, including an aerial of the area which depicts the existing street pattern, and a copy of Section 10, Streets. Mr. Annunziato continued to say that even though the area of N.E. 17th Avenue exists in a somewhat unusual form, it would~ in fact, serve a public purpose if continued through to N.E. 4th Street. If the applicant still feels that N,E, 17th Avenue will not, in the short term or the long term, serve the public as a through street, there is the potential for a public hearing and a variance procedure before the City Council~ The applicant is aware of that opportunity. Mr. Annunziato further stated that the recommendations of the Technical Review Board remain. Mr. Cannon was aSked to trace the entire area of N. E. 17th Avenue and where it would come through. Mr. Kieran Kilday, Kilday & Associates, Land Planners, 1551 Forum Place, Suite 30'0~E, West Palm Beach, Florida 33401, stated that they still have a problem based on information which just doesn't seem to be brought out. Mr, Kilday brought with him an aerial photograph which he passed among the Members of the Board. He traced Where N~ET~ 17th_Ave..w~nldbeand showed Seacrest Boulevard running north and south, He pointed out where N.E. 17th Avenue runs going through a single family subdivision up to a point where there is a single family home. Directly opposite the street is a stop sign. He showed where at that point, if you wanted to continue on 17th Avenue, you would turn left, go past a house and then turn right. The problem Mr. Kilday pointed out was that when you turn right, there is a gate across the road with a sign on it showing gha~ the City Police Department installed it, It is a locked gate. This is something Mr. Kilday said he keeps bringing up at meetings. Mr, Kilday further noted that this gate MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 could be opened by somebody but that it is not open to the general public. Mr. Kilday brought this up because he thought he was running into a problem wherein the City passed a resOlution, probably at the request of Four Seasons. Chairman Ryder noted that the road goes eastward. Mr. Kilday told Chairman Ryder that there was pavement there and he showed the Members of the Board the area of the map which is a parking area. He said it was a platted street on paper, but right now there are 54 parking spaces on both sides which is like going through a shopping center double row parking lot. Mr, Kilday further stated that immediately in front of the Parking spaces are the buildings. While the road shows on paper, Mr. Kilday stated that it is either substandard or else the buildings are at zero setback and are on the right- of-way line. Pointing to the map, Mr. Kilday showed the area which is serviced through 16th Avenue where you can go' over to 4th Street. Mr. Kilday stated that as part of his development, they are going to construct the missing link on 4th Street so that you can go all the way up to 22nd Avenue right across the track° Forgetting about 22nd Avenue and 4th Street, Chairman Ryder asked how else one can get to their development. Mr. Kilday replied that it was the only access. That is what Chairman Ryder thought and that points up the problem because 17th Avenue, even if constructed, won't provide access; it will only provide an additional way into Four Seasons. If it is a public street, Chairman Ryder thought that it was conceivable that sometime in the future it could be opened. Then it would provide another way in. Mr. Kilday was in agreement but said that the policy of the City right now is that 17th Avenue is closed. Mr.. Kilday thought that if the City opened 17th Avenue and then asked his development to extend it through, that would be fine. Mr. Kilday added that the City built a gate and locked it and on this side of Four Seasons, they want it through, 17th Street will dead end at 4th Street because there is a Mobile Home Park. Chairman Ryder commented that .it would provide anothsr means of access and Mr. Kilday countered that it would only to Four Seasons which is the only place that would be served. He added that they are being served by 16th which is a couple of hundred feet south. The big thing which Mr, Kilday thought was most necessary and would be helpful to the City, was that he was going to construct 4th Street which does not exist right now. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10~ 19.83 The point Mr. Kilday wanted to make was that they want a go.od development and that they are trying to have a project that holds together as one project. B~ecting it with another street that serves no purpose is just going.to~hurt'.thi~' development when in building 4th Street, they feel they are helping the City. Mr. Kilday has talked to people asking them to drive and look and if they look they are going to see what it is but he keeps running into a dead end on that. The request Mr. Kilday was making is that it is a City policy that 17th Avenue should connect through to 4th Street because it can't go beyond that point. Then the City policy should first address why they have a gate across it. The basic feeling Mr. Kilday had was that Four Seasons is trying to. be a self contained community and is going to want a gate on this (pointing to map) side after-they spend the money and have bisected their own development and have provided them that access. It has to be a matter of What is in the public interests, .Chairman Ryder-pointed out,i.e, access for emergency vehicles, etc. Mr. Annunziato recognized what Mr. Kilday was saying. Apparently a public statement was made some 10 to 15 years ago when ~he 'fence wasp'.constructed and Mr. Annunziato was not sure if that policy is still an active public policy. Mr. Annunziato stated that he could only suggest that, to not construct this portion of N.E. 17th Avenue, is probably inconsistent with the subdivision regulation. The time to address this and the way to address this, if the applicant so feels, Woulo be to request that that portion of the sub- division regulation may be exempted from that portion of the subdivision regulation through a variance procedure for the City Council. Mr. Kilday sta~ed that he would acquiesce to that also. Mr. Annunziato added that the Planning and Zoning Board can view these kinds of decisions only in the short run. Twenty years from now, these conditions might be so dramatically changed but the opportunity may have been lost. There will only be one opportunity to construct N.E. 17th Avenue between the Four Seasons Condominium and N.E. 4th Street and that is now~ If there is a condominium there, there will be no opportunity, reasonably speaking. The fact that we have the railroad in the immediate vacinity, Chairman Ryder thought was always a barrier. You can't cross over until you get to a crossing. It would seem to Chairman Ryder that this becomes a maze in trying to get MINUTES - PLanNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, .19.83 there. That was why Chairman Ryder asked Mr. Kilday how you get there other than through 22nd Avenue and 4th Street. Mr. Kilday replied that was the only way and that 17th Avenue would not provide an alternative to his project as long as it was going to be built that way. They have no problem designing their plan and setting aside that right-of-way. It is the actual construction and the physical link of the road that they have a problem with as long as there isn't a need. The long run solution, Mr. Kilday thought, is that they be required to set aside the right-of-way for 17th Avenue, if it was ever decided and they needed to put it through. Mr. Kilday further advised that he could move the pool and that he could' adjust the site plan. Their problem is to put in a street~ He pointed to the area where he would have a street and said that they have a developed subdivision in which the only way the City would come in is to totally redo that subdivision and that doesn't happen very often. The problem would be the actual construction provision of the street. Mr. Kilday believed people had not driven oUt there in the past 30 days and looked at the situation. He thought ~h~y had to drive it to truly understand it. Mr. Linkous had driven through the site. Chairman Ryder, in fact, ran into Mr. Linkous out there while with Mr. Annunziato. Mr. Linkous referred to the suggestion made by Mr. Annunziato to ask for a variance. Having been a developer, Mr. Linkous knew what the applicant was confronted with from the aerial photograph and sympathized with him, If it were to go to Council, Chairman Ryder knew they would still be confronted with the problem and he did not know if the applicant would save much time. If that was the route Mr, Kilday had to take, he said he would take it and try to resolve it there. ~ Ail they are trying to do is a good development and they are going to spend the money to build the rest of the streets.where they see them working, but Mr, Kilday did not see where that street goes. It was Chairman Ryder's opinion that it would definitely be an asset from what is there now. Mr. Annunziato advised that there is clear direction here as provided in the sub- division regulation. The subdivision regulation says two things. You should extend streets where they currently terminate through unsubdivided properties. That is a clear statement. It also says there are provisions for seeking variances to design criteria and other criteria in the subdivision regulation. Whether the applicant loses a month or two months, these are the problems that hav~ to be approached. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 Mr. Kilday woUld have started a month ago had it been presented at that time. He will apply for the variance b.~t is requesting that staff visit the site and'analyze the situation~ It was pointed out to Mr. Kilday that the site was visited. Mr. Kilday felt that the key would be the 4th Street construction. It would be a key to the development, to everyone who lives to the north and south of the project and to the new City clubhouse. A question was asked by Mr. Norem about the gate to which Mr. Annunziato replied that the question of the gate was something which most of the T,R.B. was not familiar with. After a detailed explanation Mr. Annunziato believed that the staff was not in support of any gate on N.E. 17th Avenue. Mr. Linkous thought it might have been put there for the privacy and protection of the existing development. Mr. Mauti believed the ordinance covering the gate could be rescinded by the City Council to which Mr. Annunziato agreed. Chairman Ryder didn't think a gate would be expected to be across a public street. Since this is a Public Hearing, Mr. Linkous asked if there were any representatives at the meeting who could .be consulted with about the gate. There were no responses. Mr. Mauti wanted to ascertain from Mr. Kilday that a right-of- way would be given to the property and thought there was no reason why the developer could not put a street through the right-of-way and that the taxpayers should not have to pay for a street going through that development. If it could not be used for another access, Chairman Ryder coUld not se~ the point as What they are trying to get at, is another means of access, tt was agreed the street should be opened otherwise everything would have to go north to 22nd Avenue from the point of 17th which was true for the trailer park too. Mr. Kilday said they .are opening it up so that the trailer park would be able to go south to 15th as well. Mr. Norem asked Mr. Kilday if the fence were not thsre would that be a question at this point. Mr. Kilday replied that Four Seasons has not been constructed as a street. It is substandard. -.~.f Four Seasons had a"street abutting their property like they did with 4th Street coming north and south~ they would have automatically extended it. The fact is they missed it completely because it is a paper road that this came up and the question arose otherwise no one would have ever known that was a street. The Board Members continued to discuss this question. Mrs. Bond thought that perhaps the condominium association would have a deed or plat plans to show whether this belongs to them or whether it is privately deeded. Mr. Annunziato advised that N.E. 17th is a public right-of-way. Councilman deLong was asked if he knew of any approval Four Seasons might have gotten from the City. He was not on the Council - 10 - MINUTES -PLAN.~ING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 at that time. It was Mr. Annunziato's thinking that these issues couldbe very fully addressed in public hearing form. It was agreed that although it was regrettable that it could not be resolved, the issue needed more time. Mr. Linkous brought up the possibility of posting a bond under, certain conditions. It was possible but Mr. Annunziato suspected they would not want to be carrying an insurance premium on a bond. What Chairman Ryder thought was also involved was recognition of the fact that the street has to be open and not just put in. If it does not provide another means of access, Chairman Ryder did not see the point. Mr. Mauti moved that the subdivision pre-application of Townclub of Boynton Beach be tabled, seconded by Mr, Wandelt. Motion carried 7-0. NE~BUSINESS A. PUBLIC HEARINGS 1. Conditional use App:r:o%~!.' PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: (a) V.F.W, Boynton~Lantana .Post ~5335 John Churey V.F.W, Inc., Boynton~Lantana Post 95335 South side of undeveloped street lying south of commercial strip stores located on south side of N.E. 22nd Avenue at N,E. 4th Street between condominium and animal hospital. 3,060 sq,ft, building plus ancillary parking and landscaping, After the above was read by Chairman Ryderr Mr. knnunzi.ato detailed the precise location of the V.F.W. Post so that it would be clearly understood inasmuch as it is in an out~of- the-way location. In addition to the Project Description as noted by the Chairman, Mr. Annunziato added that it had a 40 parking space! landscaped area with on-site drainage. Access to the site is to be provided from the unpaved alley from two drives which lie bet~¢een the commercial property and the proposed site. The site is currently an overgrown underdeveloped tract approximately 26,000 sa. ft. It is not served by municipal water, fire protection nor is it served by public sewage, electric systems or roads. MINUTES - PLANNING !AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 The surrounding area to the east is the animal veterinary office, the south is vacant residential property, the west is a 10 unit condominium and to the north is a commercial building. Mr. Annunziato read the staff comments with respect to this conditional use as follows: Building Dept: (Bert J. Keehr) "1. Permit frc~ the Health Department will be required. 2. Alley on the north property line must be improved. 3. Railings will be required, on both sides of the b~nndicap ramp." Fire Dept.: "With reference to TRB Meeting (4-12-83) require- (W.D. Cavanaugh) ments flor VFW Post, provide Fire Hydrant to conform to City Sub Division Ordinance." Mr. Annunziato stated that the Ordinance reads that no part of any building can be more than 200 ft. from a Fire Hydrant.. Mr. Annunziato had provided the applicant with this information. Engineering Dept: "1. (Tom Clark) 2. 3. 4. 5. Utilities Dept.: (Perry A. Cessna) 4/25/83 Elevations in alley to be shown. Elevations on adjacent property reouired. Alley to be paved. Proposed floor elevation required. A Bench mark is available in the area referenced to National Vertical Survey Datum and should be used for floor levels and pavement grades." "The engineer, Earl H. Martin, should submit plans for extending the sewer l~ine from its present site to serve this proposed building. He also should submit plans showing the looping of the 6" water line in the alleyway along this property over to the right-of-way along the railroad and northward to 22nd Avenue." Utilities Dept.: (Perry A. Cessna) 4/15/83 "..There is water on the alley-way along the railroad. This will be required to run down the alley right-of-way and from a loop connecting onto the 8" water line which is on the west side of N.E. 4th Avenue." - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 Mr. Annunziato continued to read the staff comments: Public Works Dept.: "Dumpster is~not acceptably located because it is inaccessible," Mr. Cannon pointed out that location. With the .dumpster location there, Mr. Annunziato stated that the trucks would be unable to turn around on site and then proceed forward on to the public right-of-way. Planning Dept.: "1. Submission of a copy of the last recorded Warranty Deed as required by Section 11.2 F (1) of Appendix A, Code of Ordinances." Mr. Annunziato believed that applicant had done that. Planning Dept.: "2. (Cont' d. ) Changing the note that reads required by City Planner to ~ requ.~ ired by Section 5-141 (d), Code of Ordinances. There are some Code requirements which the applicant did not comply with, advised Mr. Annunziato. "3. Relocation of dumpster to a location ~Lich does not require the sanitation truck to back up in a dangerous way~- required by Section 11 (5)2b of Appendix A, Code of Ordinances. Parking lot lights are to be High Pressure Sodium or equivalent in energy efficiency - required by Section 5-141(a), Code of Ordinances. 5. Submitting tree/vegetation survey ~ required by Section 7.5-7 (d), Code of Ordinances. Mr. Annunziato advised that if the applicant did not submit this information within the next day or two, he would not be able to be heard by the Community Appearance Board on Monday night (5/16/83) and that this application for site plan approval would not go forward without that requirement being fulfilled. "6. Construction of a buffer wall along west property line. It is recc~anended that this wall be constructed of concrete block, stuccoed and pointed on both sides, six feet in height except in the front setback in which the wall sha./l~be four feet high. - 13 - MINUTES - PLABFNING AND ZONING BOARD BOYNTON BEACH, FLORIDA ~IAY 10, 1983 Mr. Annunziato advised that this buffer wall would separate the main activity area which is the primary parking lot from the 10 unit condominium. "7. Directing all parking lot lighting .away from residences to the west." It was the Technical Review~Board's recommendation that this Conditional Use be approved, subject to staff comments. Mr. John Churey, General Contractor and Agent for ¥.F.W.~ Boynton-Lantana Post %5335 said V.F.W. was a nonprofit organiza- tion and that they help disabled veterans. Inasmuch as they do not make a profit, they do not have the money 'to do what is being recommended, i.e., putting the~recommended wall up and screening in the dumpster, etc. With regard to paving the alley, Mr. Churey stated that everyone has access to it while funds would come from their pocket. He stated if they have to screen their dumpsters, he called attention to everyone else having to screen theirs. Since he has been in Boynton Beach for 26 years, Mr. Churey had never heard of this yet and thought it was ridiculous. With regard to the water and sewer line, Mr. Churey said it was only about 200 ft. from where they tap on to from the Veterinary office and that it would be no problem. With regard to putting a wall up, Mr. Churey noted that there is already an Australian Hedge there. He mentioned lighting required and noted that the V.F.W. owned the property before the condominium was constructed in which they knew that a V.F.W. Post would be on that site sooner or la%er and now V.F.W. is being required to do something which Mr. Churey thought was ridiculous. Mr. Churey also thought they did not need the curbing all the way around the hedging in the parking lot and reminded the Board that V.F.W. was not a profit-making organization. Mr. Churey further stated that the V.F.W. did not have the money to pay for the Fire Hydrants or for sewer lines in addition to paying taxes. Mr. Churey implored the City's help. Chairman Ryder said that the Board could not help if the V.F.W. did not agree to the requirements. Mr. Churey stated that he did not agree to some requirements and that he was asking for the City to put in the sewer and water lines since it is the V.F.W. Mr. Hester explained the impartiality of the Board to any applicant. Further questions were brought up by Mr. Churey to which the Chairman offered additional information about the Board.Ts function. - 14- MINUTES - PLANNING MD ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 Mr. Churey asked about the reason, for the Conditional Use in the R-3 Zoning claSsification. Mr. Annunziato explained the issues involved and further stated that the two mitigating factorS that were not Code requirements concerned~the wall and directing the lights away from the residences to the west. Mr, Churey el/plained ~hy he thoughtf~those t~o ~equi~ements were not necessary. After discussion, Mr. Churey called attention to the fact that the site could not have anything but a club on it right now. Chairman Ryder agreed and as he said before, it is not a very attractive location. With regard to the paving of the back alley, Mr~ Churey wondered why half the cost should not be paid by the others using it as that was only fair. Mr. Annunziato's suggestion to the paving of the back alley was that perhaps all the property owners could get together and there should be an assessment roll prepared. Both the T.R.B. and Mr. Annunziato thought the use was a good one for this location, however, he pointed out that this is 1983 and that buildings in Boynton Beach have not been constructed for years without the kinds of criteria specified. The primary considerations are availability of sewer and water and paved roads. What bothered Chairman Ryder was access of a 30 ft. right-of-way. Mr. Churey's comments were well taken but Mr, Mauti did not think the Board could help him unless the guidelines p~escribed-by the Code were followed. It was Mr. Mauti's thinking that after this is approved or disapproved, subject to staff comments, that Mr. Churey's remarks should be addressed to the City Council. The matter should be put in its proper perspective. What the Board is trying to do is give the V.F.W. what the law requires without being hard on anybody, Mr. Churey stated that the V.F.W. would appreciate all that could be done. Mr. Annunziato further called Mr. Churey's attention to the tree and vegetation survey which needed to be taken care of before the applicant's presentation before the Community Appearance Board. After ascertaining that no one wished to speak either for or against this application, Chairman Ryder declared THE PUBLIC HEARING CLOSED. After discussion, Mr. Mauti moved that the V.F.W. Boynton~ Lantana Post 95335 Conditional Use Approval be accepted, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. MINUTES - PLANNING AND ZOOMING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 PUBLIC HEARINGS (Continued~ 2. Rezoning and Land use A/~ehd~e~t (b) PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Manor Care Nursing Center Davis S. Pressly~ Esquire for Manor Care of Boynton Beach, Inc. Christian Development Corporation of Boynton Beach, Inc. Northeast corner of the intersection of Golf Road and Congress Avenue Rezoning request Go rezone from RIAA (PUD) to PUD with LUI=5.0 to accommodate the construction of a 120 bed nursing home and Future Land Use Element Amendment to change from Public and Private Institutional and Governmental to Moderate Density Residential. Due to a conflict of interest, Mr. Linkous was asked ~o be excused from the Board. Mr. Stormet Norem took his place. Chairman Ryder read the above outline and informed everyone that this particular site, at the present time, is in a category of public and private institutional. Mr. Annunziato pointed out that this request is twofold, It is a request for a re-zoning consistent with the land use. The request is to rezone this property from one point of PUD which was initially established as part of Leisureville, Section 10 Development to another form of a PUD. to permit the construction of a 120 bed nursing home and health care facility. The Land Use Element Amendment would be to amend the future Land Use Element of the Comprehensive Plan in the Governmental and Institutional category into a Residential category and it is upon that Residential category that we would base the discussion as to whether or not, in the opinion of the Planning Department, this is consistent with that Land Use Classification. Mr. Annunziato described the location and acreage dimensions. There are 51 parking spaces. The lot coverage of this building is 17% and the floor area radio is .29. The land use intensity proposed is 5 of which the floor area permitted is 69,870 sq.fto The applicant is proposing 50,960sq. ft.~The.open~pace~i~i~m permitted, for a land use.intensity of 5, wo~ld be 91,728 sq. ft. The applicant is proposing 144,236 sq.ft. Living space ratio - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1R83 minimum permitted is -.50,056 sq. ft and the proposed living space ratio will provide for 111,16'5 sq. ft~ Access to the site provides one driveway proposed on Golf Road and one driveway proposed on Congress Avenue. For the Board's edifi- cation, Mr. Annunziato pointed out that the driveway on Golf Road, as shown on the overlay, has been relocated eastward to provide for 180~ft. dimension~as ~the ordinance requires, The driveway on Congress has also been red~fined to provide for only right turn in/right turn out, consistent with. the require~ ments of the T.R.B. Mr. Annunziato further described the site as well as the surrounding area in detail. Mr. Cannon pointed out on the overlay 23rd Avenue or~,.Gotf .~oad and the Congress Avenue boundaries at the request of some people in the audience who said there was some confusion. Mr. Annunziato gave a detailed report on the Land Use Comparison of Impact. He relayed comparative figures of anticipated water consumption, estimated sewage flow, fire protection, and~solid waste. Mr. Annunziato described the low impact on the recreational facilities and the schools with this development~compared to the impact study. Ail of the staff comments, Mr. Annunziato advised~ had been incorporated into the proposal so that it comes to the Board without any written staff comments other than a recommendation for approval. David S. Pressly, Esq., Moyte Jones & Flanigan~ 707 North Flagler Drive, West Palm Beach, Florida 33402 (i65R-7500~ came forward on behalf of the applicant, He pointed out that the applicant is a subsidiary of Manor Health Care Corporation which is the fourth largest provider in ~he United States of long term health care services with over 98 nursing centers in 20 states and therefore the City is dealing with a very successfull and We'll established provider of health care services. To answer any questions, Mr. Pressly had with him, Mr. Rick Rossi, Engineer, and Mr. Leonard Kahan, Director of Construction. Chairman Ryder asked if the determination of the location Was the result of a marketing survey. He was told that it was but that their marketing people were not present. Mr. Norem asked about their Certificate of Need and was told that it was extended until late~August which is when they have to commence construction and that it was issued 18 months - 17 - MINUTES - PLANNING AND ZONING BOARD BOY~TON BEACH,i FLORIDA MAY 10, 1983 prior to next August. Mr. Kahan said that it was valid and current. In answer to Mrs. Bond's questions, Mr. Kahan advised that this was not a medical center but was for nursing care with supervising physicians and occasional ambulances in use only in emergency situations. Mr. Leonard Kahan, Manor Healthcare Corporation, 10750 Columbia Pike, Silver Spring, Marylandf answered further questions from the Board regarding visiting hours being informal. He advised that the original Certificate of Need was issued at the location of the subject property. Mr. Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc. 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, explained the nature of his firm's work on this project and the numerous redesign plans submitted to the City. Mr. Rossi answered questions from the Members of the Board regarding the structure of the building and the traffic provisions. A detailed discussion ensued regarding the traffic accessing of the site~ Mr. Rossi's explanations included referencing to the overlay of the site. Mr. Rossi Showed the vacant area to the east of the site, the rear line,~inCluding footage information. He mentioned the provisions for kitchen and laundry facilities Within the building. Mr. Annunziato asked Mr. Cannon to outline the site for the Members of the Board. Mr. Cannon outlined the cross shape of the bUilding showing the two story portion, the'~parking area the delivery area, etc. Chairman Ryder commented that it was well set back. One more thing which had changed and is now in a form more consistent with the T.R.B. review, was pointed out by Mr. Annunziato - ~he sign which was shown in close proximity to the southwest corner of the property, has been moved back in a northeast direction away from the intersection. That was also upon the recommendation of the Police Department. Chairman Ryder asked anyone from the audience wishing to speak in favor of the proposal to come forward. There was no response. If anyone wished to speak in opposition of the proposal, Chairman Ryder asked them to come forward. M~s. Kathleen Kirton, 2526 S.W. 13th Court, Boynton Beach, President of the GOlfview Harbour Homeowners Assocation spoke against the rezoning. She called attention to the recently granted request for a 120 bed nursing home at Hypoluxo Road to serve the City of Boynton Beach. Mrs. Kirton took issue with the suitability of another nursing home in an R1AA area especially since it was a commercial venture. Speakihg in behalf of her neighboors and those - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 in her organization, Mrs. Kirton said the City knew the scope of zoning when they developed the master plan in that area and when a structure of this type is planned, they should buy land zoned for that particular thing at the time. That was why Mrs. Kirton was surprised that Manor Care Nursing Center has had their Certificate of Need for 18 months since the "For Sale" was up a couple of months ago. She did not know why she was not notified about this before. She referred to the gracious life style of the residents in her community not in keeping with a commercial venture. Mr. Tom L. Plummet, 1314 25th Place, Golfview Harbor spoke against the rezonlng. He referred to the master plan in which a lot of spot zoning was eliminated successfully. Now, on behalf of the people, Mr. Plummer did not'want this R1AA rezoned to commercial use. Mr, Plummer brought up the difficiencies at that location specifically in relation to potential traffic hazards due to increased traffic. He told of specific examples on specific streets and cross sections. Mr. Plummer referred to the D'.O.T. and quoted speed limits in his presentation. He voiced his fear for the safety of people due to increased population and ~mpending traffic hazards. Before making?a final decision, Mr. Plummer asked the Board to leave the master plan as is and to please leave the people their residential area, R1AA. Chairman Ryder pointed out that whether it is developed R1AA or whether there is a nursing home, so much is happening on Congress Avenue, they will get more traffic. Essentially Congress Avenue is onlY two lanes but north~ near the Boynton Plaza, developments are coming in, presently all the City is going to have is two lanes, but eventually the County will come in. The roads are not put in first. Firs~ly~ you build and then find the need. That is a fact of life. Anytime you build something, Chairman Ryder commented, you are going to get some more traffic. Chairman Ryder called attention to the fact that when Leisureville was first built, that was opposed by the people who then lived in Boyton Beach. People like to keep things the way they are, but it can't be done. The function of the Board and the City is to try to do this in an orderly manner, to try to control densities but they cannot keep people out. Mr. Peter H. Mooij, 1341 25th Avenue, S.W,, said he was speaking in opposition to the nursing home per se. After being advised that the numerous questions he asked could not be answered due to the fact that this_information was not available, Mr. Mooij streSsed that those answers should be obtained before - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH ~ FLORIDA MAY 10, 1983 any vote is taken~on anything. Speaking from experience, Mr. Mooij stated that itmakes a big difference what type of person is going to be cared for. Other questions were asked by Mr. Mooij regarding zoning to 'which Chairman Ryder responded. It was Mr. Mooij's thinking submitted by Manor Care Nuts about the help they would ha of emergency vehicles and fe adequately covered previousl that in order to have an int to have some of these answer Mr. Don Zyto, Florida Nation Avenue, Boynton Beach and re Beach, said he was speaking i He spOke of his observatiOn~ Beach. Mr. Zyto referred to the City and the positive im have on the community. Mr. Joe A. Maezes, 2.207 Roma questions about the 14 vacan 4 acre tract. Mr. Annunziat inquiries. It was Mr. Maez~ hidden things that have not asked Mr. Cannon to point ol Maezes. Background and curr Mr. Maezes. Chairman Ryder the Board can do is face wha Maezes remarked that there a that are not being discussed Mr. William H. McCarty, 1974 ville Section 10 President, the 14 house lots have been of Directors are in favor of they consider it,~he best conSidered approximately 10 were presented to them. The are attempting to solve it t membership. Chairman Ryder mentioned tha always been a lot of undevel of Leisureville. It has alw the members of the various C that a market study should be ing Center. Mr. Mooij asked ve. He referred to the noise it the question of traffic was ~. In closing, Mr, Mooij stated elligent vote, it would be necessary s. al Bank, 200 North Congress sides at 726 7th Way, West Palm n favor of the nursing home. as a ~usinessman in Boynton the future development of )act the nursing center would Way, S.W., asked a number of t lots north and east of the o replied to Mr. Maezes's s' thinking that there were been brought out. Mr. Annunziato t all of these areas to Mr. ent information was ~relayed to informed Mr. Maezes that all t is presented to it after Mr. re other pieces of property at the present time either. Campanelli Boulevard, Leisure- advised that the corporation of discussed. The reason the Board the ~ursing home is because of a bad world", after having alternatives of development that y are facing the problem and he best way they can for their t through the years, there have oped areas around the perimeter ays been a matter of concern to ity Councils at the time and there has been a continuous attemu% through the years to try to get something that won't imPact unfavorably on any of the developments. It was Chairman Ryder's thinking that up to - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1R83 this period of time, the City has done a good job. Before closing the Public Hearing, the record shall reflect that letters of opposition were received by: Olive Countryman, 1315 S.W. 25 Avenue Henry & Ann Rudolph, 2544 S.W. 2~rd Cranbrook Place Hazel L. Kushner, 1301 S.W. 25th A-venue Kelley & Kathleen Kirton, 2526 S.W. 13th Court THE PUBLIC HEARING WAS CLOSED. There were several questions about a market analysis and if Mr. Norem was not mistaken, he advised that any health care facility has to make application before the Health Planning Council showing need and cause. That was why Mr. Norem originally asked the applicant if they had a Certificate of Need. Mr. Mauti brought up a disparity of dates between the purchase agreement and the Certificate of Need and was advised that there had been many contracts since the negotiations have been going on for a long time. ~Mr.. Mauti also wished to ask if the Board was getting itself involved in spot zoning. Mr. Annunziato advised that the PUD recognizes nursing homes as residential uses. I~n fact, -they have some characteristics which are obviously financial and commercial and as Mrs. Kirton mentioned they do not do this'~or free'but their characteristics are primarily, residential. The impact of their characteristics is~ almost totally less than if the property were developed as residential. This is a Planned Unit Development for residential purposes. If it were commercial within the PUD, it would be a separate category of land use within the PUD. Mr. Annunziato did not believe that this kind of use would be considered to be commercial within the limits of PUD and therefore would not be spot zoning. Mr. Annunziato further advised that the aspect of this application which brings the land use from Public and Private Institutional and Governmental in~o~Moderate Density Residential, acts to substantiate the noncommercial aspect of this intersection. Mr. Annunziato believed everyone realized that there has been and will continue to be commercial pressure for this intersection. City Councils of the past have had to fight the commercialization of that intersection. In Mr. Annunziato's opinion, this acts to substantiate the residential character of the area. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 Mr. Mauti recalled sitting on this Board when the City had the comprehensive plan and people came before the Board wanting to commercialize a good part of Congress Avenue. He remembered when Mr. Annunziato was wholeheartedly against i% bringing out all his data and arguments, which were all justified. Mr. Mauti saw no difference be%ween this and anything else commercialized as being a spot zoning matter. If the Board was going into spot zoning, Mr. Mauti believed they would be opening up a can of worms on every corner on Congress Avenue. After Mr. Wandelt and Mr. MaUti questioned Mr. Pressly about their Certificate, it was determined that the Certificate was for a general area and not for this specific piece of property. Through the years, the Board has been confronted with spot zoning and Chairman Ryder did not see the relevancy here. As Mr. Annunziato pointed out, Chairman Ryder remarked this is closely related to a residential use and the question is how will this impact Unfavorably. Not to the extent that it could if it went Commercial which they tried to do across the street with stores, etc. Presently it is zoned Public and Private Institutional and Chairman Ryder did not see a great deal of departure from that category to what is contemplated here. To Mr. Mauti's way of thinking, it would still be a commercial use. Chairman Ryder was on the Board at the same time Mr. Mauti was when the Comprehensive Plan was approved and adopted and Mr. Mauti believed there were many occasions where it stated emphatically to keep the residential areas. If the Board is going to go into spot zoning, Mr. Mauti said, then let's make it all the same way. Mr, Hester questioned whether this would change the Comprehensive Plan and was told it.would be a change in category. Mr. Hester could~see where it would be spot zoning but he did see where there was a change within the last three months. Mr. Mauti pointed out where that was contrary to this Board. It was Mr. Hester's thinking that Boynton Beach is not going to stay the same and that things would change. Personally, Mr. Hester saw nothing wrong with the proposal. Further discussion ensued among the Members of the Board after which Mr. Winter moved to reject the rezoning request of Manor Care Nursing Center. Mr. Mauti seconded the motion. Under discussion, Mr. Norem asked if he was correct in that the Leisurevi~le, Section 10 Board of'Directors, is in favor - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY !0~ 1983 of this project¥ Chairman Ryder replied that he was correct, gen~e~anfrom the audience called out that it was irrelevant to the Members' vote. As there was no further discussion, Chairman Ryder asked the Recording Secretary to take a roll call vote as follows: Mr. Winter - Aye Mr. Hester - Nay Mr. Mauti - Aye Mr. Wandelt - Aye Chairman Ryder - Nay Mrs. Bond - Nay Mr. Norem ~ Nay The vote was 4=3 against the motion to reject the rezoning request, therefore, Vice Chairman Winter's motion did not pass. Mrs. Bond moved that the Manor Care Nursing Center request for rezoning be ~pproved. Mr. Norem seconded the motion. A. roll call vote was taken as follows: Mr. Norem - Aye Mrs. Bond - Aye Chairman Ryder - Aye Mr. Wandelt - Nay Mr. Mauti - Nay Mr. Hester - Aye Mr. Winter - Nay The vote was 4-3 to approve the rezoning request, A SITE DEVELOPmeNT PLANS 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Modification to approved Site development plans for Bethesda Memorial Hospital Robert B, Hall Associate Administrator Southeastern Palm Beach County Hospital District S.E, 26th Avenue~ at South Seacrest Boulevard Extension of four (4) elevator shafts upward one (_1) floor - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY t0, 1983 Mr. Cannon, Assistant City Planner, said the modified site plan came to the Planning and Zoning Board with a positive recommendation from the TeChnical Review Board, subject to staff comment. The only staff comment is from the Planning Department which recommends the approval of the height exception for the elevator shaft. Mr. Cannon explained that the hospital is adding an elevator shaft to the existing location which would be an extension of the existing roof line. The Planning and Zoning Board should make a recommendation as to the 4.5 ft. height exception that would be required in this modification. Mr. Robert B. Hill, Assistant Administrator-Operations, Bethesda Memorial Hospital, 2815 South Seacrest Boulevard, Boynton Beach, Florida 33435-7995~ came forward. As Mr. Cannon said, Mr. Hill remarked that the roof line or the parapet wall will be on top of the elevator extensioh and will be the same height as an existing parapet wall on the fourth floor of the wing that protrudes east toward Seacrest. The Hospital presently has just east of the hatch mark, two existing elevators that go up to the fourth level above grade and they would just like to insure that all six of their main elevators are able to service their fourth floor. At this time two of the six elevators can service that fourth floor. Mr. Mauti asked if the Hospital planned to put an extension on the building adjacent to that elevator shaft. Mr. Hill replied that he did not and that it was just a shaft that feeds the floor that goes to the east on the existing fourth floor. The rest of the building will not support a fourth level and will only support the three levels that are there now. Mr. Likous moved that the site plan be approved subject to staff comments and that the height exception of 4.5 feet also be approved. Mrs. Bond seconded the motion, and the motion carried 7-0. SITE DEVELOPMENT PLANS e PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: The Crossings of Boynton Beach Robert B. Hamilton, Partner S.P.H. Associates, Florida Partners Northeast corner of the intersection of N.E. 22nd Avenue and N.E. 4th ~t~e~ 280 unit condominium plus recreational facilities - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 Mr. Cannon, Assistant City Planner, said this site plan comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board. There were no staff comments. The Planning and Zoning Board has previously approved the re- zoning for the planning and development and has approved the preliminary plat. Mr. Cannon showed the subject site and its boundaries. He reminded the Board that this PUD was approved for 280 dwelling units, two story 8~plex units with a density of 9.4 dwelling units per acre. Mr. Cannon described the three phases planned showing their locations. He pointed out on the overlay the relocated site for the tennis courts, play and recreation area and the pool. There will also be a heart trail and a bicycle path circling the development. Mr. Cannon also said that the site will be extensively land- scaped. Mr. Linkous moved that the site plan be approved. seconded the motion, and the mOtion carried 7-0. Mr. Hester SITE DEVELOPMENT PLANS t PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Motorola Entrance Signs The Sign Shop Motorola, Inc. Southeast corner of the intersection of N.W. 22nd Avenue and Congress Avenue Construction of Motorola entrance signs on N.W. 22nd Avenue and on Congress Avenue Mr. Cannon pointed out the locations Of the two Signs on the overlay. He said they are 6 ~ft. high by 18 ft. long. There is a 2 ft. separation between the bottom of the signs and ~the ground. Mr. Frank Cernan of Motorola, Inc., 800 W. Sunrise Blvd., Ft. Lauderdale, Florida 33322, came forward, Chairman Ryder asked Mr. C6mnan if these signs were designed to take care of the wind loads because one of them runs off the south and our prevailing winds are from the east. Mr. Cernan said they were solid and that they were actually about 8 ft. above the ground level and that they would be ground illuminated. Mr. Linkous'?questiQned ~whethe~ there were any staff comments and was told there were not. Mr. Linkous moved to ~approve the Motorola entrance signs. Mrs. Bond seconded the motion, and the motion carried 7-0. - 25- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MAY 10, 1983 SUBDIVISION MASTER PLANS 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Modification to approved master plan for Golf View Harbour Estates Norman Michael, President Milnor Corporation Congress Avenue at S.W. 27th Avenue Relocation of Recreational Area Mr. Annunziato mentioned that Mr. Michael Was not at the meeting tonight and that he is requesting a modification to his approved master plan. Mr. Annunziato explained that Mr. Michael is requesting a change in the location of one of his residential fourplex townhouses which was initially located close to Congress Avenue. Mr. Cannon pointed out the location. Mr. Annunziato noted that the applicant is proposing to swap locations in order to put the recreation building closer to Congress Avenue because they have had diffiCulty selling those units. The only staff comment that comes to the Planning and Zoning Board in this regard is that the applicant Submit detailed drawings for utility specifications owing to the change in utility lines that may occur by the relocation of the building. In this regard there is a memo from Mr. Cessna as follows: Utilities Director: "Please advise Mr. Michael that I will require the locations of the utilities and connections for both water and sewer as they now exist and as he proposes, with the proposed change in his plat. /s/ Perry A. Cessna Perry A. Cessna, Director 6f Utilities" Mr. Annunziato added that the staff recommendation is that it be approved subject to Mr. Cessna's memo. Mr, Mauti moved to approve the modification, seconded by Mrs. Bond. The motion carried 7-0. ADJOURNmeNT Mr. Mauti moved to adjourn. and the~otion carried 7-0. R~~c ~ful ~~mitted, ~/Vi~in~a' T ./Jackson, Rf/~din~ecretary ~ (Fou~ Tapes) Mr. Linkous seconded the motion, The meeting was adjourned at 10:30 P.M. - 26 -