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Minutes 02-08-83MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 8, 1983, AT 7:30 P.M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Douglas Sussman, Alternate Stormet Norem, Alternate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner Chairman Ryder called the meeting to order at 7:30 P.M. He introduced the Members of the Board, the city Plann~; the Assistant City Planner and the Recording Secretary. Chairman Ryder acknowledged the presence of Mayor Walter "Marty" Trauger, Vice Mayor James ~ Warnke, Councilman Joe deLong and City Manager Peter L. Cheney. MINUTES OF JANUARY 11, 1983 Mr. Mauti moved to accept the Minutes of the January 11, 1983 meeting as submitted. Mr. Hester seconded the motion. Motion carried 7-0. ANNOUNCEMENTS Mr. Annunziato requested the' addition of several item's to the Agenda. He passed among the Members of the Board a Supplemental Agenda consisting of three items as follows: (1) South Palm Beach Industrial Park (Preliminary Plat) (2) Eastgate at Hunters Run (Preliminary Plat). (3) Eastgate at Hunters Run (Site Plan)~ Although these three items had not yet completed a Technical Review Board review until Thursday of last week, Mr. Annunziato announced that they were ready for the Planning and Zoning Board Review. Chairman Ryder was under the impression that there was another item. Mr. Annunziato rePlied that there were two more things, as follows: Under B(1) SITE PLANS, Sunshine Square Shopping Center Site Plan Modification, Mr. Annunziato submitted a memorandum stating that Staff's review was limited to the modifications to the site plan MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 involved in the ancillary bank modification. Ohe of the last paragraphs in Mr. Annunziato's memo provided for a re~iew of the site plan modification in its entirety given the applicant could submit additional information concerning the number~~ of parking spaces as it applie~ to the demand generated by uses. Mr. Annunziato continued by saying that the applicant did, yesterday evening, submit to the City Hall, an'~analysis of the parking demand prepared by Kimley-Horn and Associates, Inc., which provides information which~tends itself to a recommendation for a joint allocation of parking which would then allow the Planning and Zoning Board to act, not only on the bank modification, but also on the site plan in its entirety. For the Planning and Zoning Board review, Mr. Annunziato said he would like to transmit this information as Item B(1)on'the Agenda. The third thing which needed to be addressed, stated Mr. Annunziato, is the annexation site west of the City limit which the Board reviewed yesterday in a workshop session and indicated that it would like to add on the Planning and Zoning Board Agenda for tonight for recommendation or additional conversation. Chairman R~d~r'-~hought it should be added following the Regular Agenda as Item B(4~. COMMUNICATIONS None. OLD BUSINESS Applicant: Location: Royal Petroleum, Inc. 645 N. W. 2nd Avenue, Boynton Beach, Florida Mr. Annunziato pointed out that under "Old Business" the Board listed Royal Petroleum, Inc., not necessarily to speak about Royal Petroleum specifiCally, but to further discuss the issue, "How to address gasoline stations in the C-2 Zone." Mr. Annunziato was led to understand that the Planning and Zoning Board, at the last meeting, instructed Staff to prepare some comments for Board review with respect to this issue. Mr. Annunziato explained that Staff has come back to the Board with a series of recommended changes to the Zoning Code, which the Members of the Board received in their Agenda packet. In connection with this, the Members of the Board would recall, remarked Chairman Ryder, initially this took the form of a - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 request for rezoning on N. W. 2nd Avenue for this gas station to rezone from C-2 (.Neighborhood Commercial) to C-3 (~Community Commercial} because of the fact that they are ~ nonconforming at the present time and they could not make any structural changes or any additions. The matter at that time, whiCh Chairman Ryder believed was suggested by the City Planner, was that perhaps it would be well for the Planning and Zoning Board to look into the advisability- (~nce this situation is not unique, particularly on 2nd Avenue where there are gas stations in a C-2 zone ~ or. perhaps considering cond~ti~onal~uses· to gas stations in .a C-2 rather than going to a rezoning from C-2 to C-3. Since this gas station is adjacent to a residential area, Chairman Ryder stated ithat i-t did noY seem the proper - way to go. Because of the foregoing, Chairman Ryder explained that the applicant withdrew his request for rezoning so, at the present time, the Board is not confronted with the matter of rezoning. ~If the Board sees fit,~they have to give their approval to Council, Chairman Ryder expressed, Of the propoSal to permit gas stations as a conditional use under certain specific conditions. As Mr. Annunziato said, Mr. Cannon remarked the Board had before it the copy of the proposed ~amendments which the Planning Department is proposing for allowing C-2, allowing service stations as a conditional use in a C-2(Neighborhood Commercial) District. It would be up to the Planning and Zoning Board to recommend for or against allowing service stations in a C-2 district;however, the Planning Department has recommended the amendment and has drawn up changes, Mr. Cannon stated. Mr. Cannon referred topage 1 of the Planning Department's report, "Recommended Changes to C-2 (Neighborhood Commercial) District Use Provisions, Nonconforming Use Provisions, and Definitions in the City of Boynton Beach Zoning Regulations" "Section 6. Cc~nercial District Regulations and Use Provisions. B. C-2 NEIGHBORHOOD ~CIAL DISTRICT Uses pezmitted. t. Service stations without major repairs, and excluding car wash (see definitions, "Major Repairs") , with at least one (1) frontage on a four-lane arterial road, and erected in accordance with supplemental regulatic~s, section ll-L." - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8 ~ 1983 Mr. Cannon informed the Board under Bi, the City has a provision that would allow service stations as a conditional use in the C-2 District. There are some qualifications to the use in this district. He called attention to automobile launches, major repairs (meaning body work~, overhauling repairs, and those of that nature that are excluded from this district. Mr. Cannon stated that the City continues to find that the results of the qualification only allows service stations on four lane arterial roads because service stations off the roads, like Seacrest and Gulf Road, were thought to be R-2 lanes, and would not be appropriate for a service station, and also because these minor two lane roads tend to go through predominantly residential neighborhoods. In essence, service stations would only be allowed a C-2 zoning in front on Woolbright or else on N. W. 2nd Avenue. Mr, Cannon continued to say that, "Since we are limiting Service stations in C-.2 zones to four lane arterial, we have included as a proposed amendment to Section 1 of the Zoning Regulations, a definition of an arterial road. As a matter of fact, we have provided definitions for all classifications of streets,(!ocal streets, arterial streets) and expressways." They have also included a revised~definition of "automotive service stations" and "lot frontage". In redefining "automotive service stations," this includes any establishment which has gasoline pumps. Under the existing definition, a "service station" is defined as "any establishment that deals exclusively in motor fields and auto accessories". This would mean that a convenience store with gasoline pumps would not be a service station. Mr. Cannon said, "What we have done is modify this so that any use, whether it is a convenience store or any type of use that has gasoline pumps, would be defined as a "service station" Mr. Cannon noted that they are proposing a change to the definition of "lot frontage". There'is a reference in the site regulations of service stations that specifies 175' minimum lot frontage on all streets. Mr. Cannon commen%sdthat it was unfortunate, under the present definition of "lot frontage", that these streets~would necessarily have to be public streets. The opinion of the Planning Department is~ that the lot frontage should be.extended to mean "private streets" also where they are dedicated private streets. He explained that this has posed some problems in the past in that home owners have had to seek variances in order to build on a private street, and that was why they were proposing that change. - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 In accordance with the Planning Department's recommendations on page 2 under Section 11, they have exempted different service stations from having to comply with the special regulations that apply to service stations. Mr. Cannon explained that this exemption was made to avoid placing undue hardship on existing service stations. Under those regulations, Mr. Cannon said automotive service stations are required to be spaced at a minimum of 1,000 feet apart. The Planning Department's feeling was that because of this, any existing service stations that did not meet that distance requirement would not be able to be expanded~ and they felt that it would be better to allow service stations to expand if they could be upgraded rather than allowing them to remain in their existing condition. Mr. Cannon pointed out that the Proposed Amendment is only the provision exempting existing service stations. The particular requirements that apply to service stations were not listed specifically in the~packet, however, he said they would follow naturally in the text of the Zoning Ordinance. Mr. Cannon referred to the additional paragraph for Section 11.1 dealing with nonconforming uses and said that what this does is clarify the status of existing uses which would require conditional use approval under the current zoning regulations. Right now that stance is unclear.. He stated that there are various uses thoughout the City which are conditional uses under the zoning regulations but which were there before the zoning Ordinance was passed. Right now it is unclear as to whether they are ~ n~onconforming uses or whether they are considered approved uses. What the Planning Department was proposing, Mr. Cannon stated, was that any existing use would be construed as nonconforming until it has received a conditional use approval from the City Council. This provision also specified that any enlargement for intensification of an existing use would require a conditional.use approval and it would be up to the Building Official to determine in which cases conditional use approval would be required. Mr. Cannon advised that the Planning Department thought this took care of the wishes of the applicant in the Royal Petroleum rezoning case. The Planning Department had already recommended that this was an appropriate use for a C-2 District and, con- sequentl~ those amendments that they are proposing would allow the same regulations to apply to all service stations that are - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 now in C-2 zones rather than simply addressing one particUlar service station. ' ' Mr. Annunziato said he had one closing comment to make. He stated that the Planning Department tried to address these modifications and it became a Complex problem procedurally. They found that there were many parts of the zoning ordinances which would have had to be ame procedure. They also found th Zoning Code which were gray ar of conditional uses and which existence of these uses in tbs what happens with regard to th to a Section~ in the proposal t a paragraph (A). Mr. Annunzia were able to pick up a great d to clarify some gray areas in problems for the Building Offi the Zoning Code. Chairman Ryder thanked them an would appear to be a better tr of possibly considering downgr would prObably seriously impac the existence of this conditio the City and said that gas sta would be able to expand. In'f reasonthis particular station could put in a diesel storage not have. Chairman.Ryder adde more and more common and so he alternative of going to a C-3 regulations, which permit~the as Conditional Uses, would cer Chairman Ryder asked if there Board. Mr. Mauti commented that he th good job. Mr. Mauti moved to adopt the R Commercial) District Use Provi and Definitions in the City of Mr. Wandelt seconded the motic ~ded to accommodate this kind of ~t there were areas of the cas with respect to the treatment ~ecame conditional following the t it ~allows them to clarify Dse uses and specifically relates D modify Section 11(1) by adding to continued to explain that they eat of yardage from this proposal the Zoning Code which had caused ~ial in his ability to interpret ~ commented that this proposal eatment than the alternative ading by going to C-.3 and which t on adjacent areas. .He noted n in various locations throughout tions coming under this chain act, Chairman Ryder thought the wanted to expand was so they tank which they presently do ~ that diesels are becoming thought that rather than the Zoning, instituting these m to stay and become conforming tainly be a better choice. was any discussion from the ought they did an exceptionally ~commended Changes to C-2 (Neighborhood sions, Non conforming Use Provisions, Boynton Beach Zoning Regulations. n. Chairman Ryder stated that the Board was now ready to move on this recommendation, which would change C-2 (Neighborhood Commercial[ District Use Provision. Under discussion, Mr. Mauti asked if this only pertained to gas stations, and Chairman Ryder replied affirmatively. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 A vote was taken on the motion. The motion carried 7-0. For clarification purposes, Mr. Annunziato stated that the recommendation is to forward this to the City Council with the recommendation that the Zoning Ordinance be put in Ordinance form and come back at Public Hearings. Chairman Ryder replied affirmatively. NEW BUSINESS PUBLIC HEARINGS :7:30 P.M. PARKING LOT VARIANCE PROJECT NAME: Sunshine Square Shopping Center AGENT: Itamar J. Goldenholz OWNER: Ronald Linkous LOCATION: 1625 South Federal Highway DESCRIPTION: (1) (2) (:3) Relief from Section 5-141 (G) (6), Parking Lot Ordinance concerned with major driveway ~length; Relief from Section 5-141 (G) (8), Parking Lot Ordinance concerned with numbers of driveways; and, Relief from Section 5-141 (H) (1), Parking Lot Ordinance concerned with aisle widths. Chairman Ryder reminded the Board and Public as well that the deCision reached here is final in this instance, The Parking Lot Ordinances provide that this Board make the ultimate decision on a~nY Variances fromthe Parking Lot ~rdinance, Mr. Linkous !eft the Board and sat in the audience, Mr. Annunziato stated that as noted in the Agenda packet, this was a request from the owners of the Sunshine Square Shopping Centerseek~g three, after the fact, variance requests to the parking lot construction code. The basis for these requests, as noted in Mr. Annunziato's memorandum to the Board, evolved as a result of the placement of the buildings, the configuration of the existing shopping center, and the attempt by the developer - 7 - MINUTES - PLANNING AND ZONING BOARD BOY,TON BEACH, FLORIDA FEBRUARY 8, 1983 to comply with the City's new parking lot regulations. The three requests, Mr. Annunziato explained, are as follows: (1) The first concerns the length of the major driveway, which Mr. Cannon pointed out. The Ordinance requires, continued Mr. Annunziato, that a'major driveway for shopping centers have a minimum of 100 feet and in that 100 feet there can be no intercepted traffic. In this plan, it became necessary'to shrink the major driveway from 100 feet to 93'6" because the property lines located by the reconstruction of Wooibright Road and the existence of the buildings. (2) The second variance concerns the number of driveways which intercept the commercial property from the peripheral street. The Ordinance requirement limits thenumberto two. On Woolbright Road, there are now three curb cuts which serve Sunshine Square Shopping'Center. He explained how traffic flowed satisfactorily and said that previously with two driveways, problems were created. [3 )_ ~The~thif~.~ariance ~ concerned with the aisle width for two-way 90° parking, and it involves primarily employee parking to the south of the eastern most building. The requirement is that a 27' access aisle be provided. Owing to the configuration of the building and the south property line, the applicant was only able to provide a 22' access aisle. Mr. Annunziato referred to his memo of January 25 contained in the Agenda packet, He explained that the opening paragraph in that memo announced for the Board the procedure that is followed in these instances and also described the requirement that the Technical Review Board provide for the Planning and Zoning Board a memorandum to be made part of the public record. Mr. Annunziato read. the third paragraph which provides a Technical Review Board recommendation, as follows: "On Tuesday, January 25, 1983, the TRB met to review the plans and documents submitted and to formulate a reccrm~endation with respect to the requested variance. After a review and discussion, the TRB recc~r~_nds that the variances requested be approved by the Planning and Zoning Board. This reconmendation is based on the fact that each of the variances requested resulted from - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 "conditions which existed prior to the developer's atteapt to improve the property." Mr. Annunziato asked the Members of the any questions with respect to the nature or with respect to the Technical Review There were no responses. Chairman Ryder asked if the applicant or were in the audience. He asked for theil Mr. Itamar J. Goldenholz, Architect for Fischer Architects, P.A., 800 WeSt Cypre: Ft. Lauderdale, Florida 33309 (305/491-8 Board. Chairman Ryder asked Mr. Goldenholz if h~ any statements. Mr. Goldenholz replied he could add much to what Mr. Annunziato expressed in explaining what they had go~ the requirements. He said, "We have att~ facade of the shopping center and most o~ saw it, Would hopefully agree that it wa: now to comply with the ordinances of the most of them and those which we have fail variances. Chairman Ryder asked Mr. Goldenholz if ht properly now. Mr. Goldenholz answered ti knowledge, it was working very well. Chl $oard if they had of the variances ~oard review, his representative nam~and addresses. zhe firm of Goldenholz- ~s Creek Road, Suite 510, 282) came before the ~ would care to make zhat he did not think had just very eloquently ~e through in confronting ~mpted to upgrade the you, if not all, who upgraded. We have City. We tried with Led, we are seeking thought it was working lat, t0 the best of his ~irman Ryder expressed approval with the changes made and comme]~ted that it is a decided improvement. It was Chairman Ryder's feeling that a g~od deal of the initial opposition might have been, in fact, because there was a change. He said people just parked anywhere and ~rove anywhere and now it is regulated. That was the reason fo~ the ordinance so that cars people know where they belong. Chairman Ryder was glad to hear that the situation had improved and added that, coneeivabl~ it was a difficult thing to do. Chairman Ryder ascertained there were no comments or questions from any Members of the Board. and Chairman Ryder asked if there was anybody else in the audience wishing to speak on behalf of this request. There was no one. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BE~CH, FLORIDA FEBRUARY 8, 1983 Chairman Ryder asked if there was anybody wishing to speak in opposition of this proposed variance~ There were no responses. THE~.PUBLIC~HEARI~GWAS CLOSED Mr. Wandelt made a motion that the Board grant the applicant: (1) Relief from Section 5-141 (Gk (6~, Parking Lot Ordinance concerned with major driveway length; (2} Relief from Section 5-141 (G) ~8~, Parking Lot Ordinance concerned with numbers of driveways; and, (3) Relief from Section 5-141 Parking Lot Ordinance concerned with aisle widths. Mr. Hester seconded the motion. Before the Board voted, Chairman Ryder stated that the Boamd was now in a position where they will be resorting to a vote from one of the Alternates, He suggested that perhaps some time in the future, 'they can firm this up. He remembered the last time they resorted to a vote from an Alternate, Mr. Norem voted. If there was no objection, Chairman Ryder was suggesting that in this inStance Mr. Sussman vote and on the next matter, they would alternate. Mr. SuSsmanwas taking the place of Mr. ~kous. Chairman Ryder called for a vote. The motion carried 7-0. REZONING APPLICANT: Robert E. Hamilton "The Crossings of Boynton Beach" REQUEST: Request from PUD - LUI of 5.0 to PUD with LUI of 4.0 LOCATION: Palm Boulevard; N. E. 4th Street, Boynton Beach, Florida PROJECT USE: 280 Unit Condominium Development LEGAL DESCRIPTION: Acreage in Section 15, Township 45 South, Range 43 East, plus Lot 34 and part of Lot 2, Sam Brown Jr.'s Hypoluxo Subdivision, plus Lots 1 through 12, Block 12, Boynton Ridge Subdivision. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 ~.~hould ~ 4th 'Street. See Minutes o£ /8/83. Chairman Ryder called attention to the fact that this application was also a matter of a Public Hearing and a matter of Rezoning. Chairman Ryder pointed out that the request is to rezone from a PUD with a land use intensity of 5.0 to a PUD w~th a land use intensity of 4.0. For those members of the Board who may not hawe been familiar with the location, Chairman Ryder explained .that the southerly limit is 22nd Avenue and the easterly limit borders on the railroad tracks~ The westerly limit is N.E. 12th* Street and runs all the way up to 26th Avenue. He said that - the project use was a 280 Unit Condominium Development and read the legal description to the Members of the Board. Mr. Cannon produced a representative slide for the Boar~ which Mr. Annunziato asked him to orient in a north/south direction so that it would make it a little easier to describe. Mr. Annunziato called attention to the overlay being shown and explained that this was a copy'of the site plan provided by the applicant in connection with his rezoning request to PUD. He explained that on the south is N. E. 22nd Avenue, west is N. E. 4th Street, north is the extension of N. E. 26th Avenue (which is not built[ and on the east is the F.E.C. Railway. Mr. Annunziato said that the applicant is proposing that the property be rezoned from 1 PUD to another PUD. The existing planned unit development was approved several years ago and carried the name of Bellamar Villas, and it was a joint venture with AMI and the people who developed Los Mangos. He said that partnership has since split, and AMI is selling the property to this new venture. The proposal is to construct 280 units on 30.2 acres provided for a density of some 9+ units per acre. The access to the site changes somewhat from what was initially proposed as a part of Beltamar Villas. Access to the site is proposed from N. E. 4th Street, which is a residential street and does not carry very much traffic, There are two accesses proposed to the site, north and south, which serve a court system or a driveway system and the looped parking lot system on which all of the units are located. Utilitywise, continued Mr. Annunziato, the site is served with muni- c~ipal water service from the south looped to the north into a proposed 16" water mai~ which will be constructed by the City as part of its program to improve the water pressure and water availability to the utility system in the western part of the City. The proposed 16" water line will tie into the water line that was constructed north on Congress and then east on Miner Road extended to Seacrest. This proposal will go north on 4th and then west on Mine~r Road to continue that master loop system. *Should be 4th Street. See Minutes of !3/8/83. - 11- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Sewer System Facilities of this project~ explained Mr. Annunziato, are proposed to be served with the gravity system terminating in a lift station.-which will serve several of the developments, two proposed and one existing, which will be located .in the right- of-way of N.E.4th, N.E. 26th Avenue and will serve this project, a proposed project in Hypoluxo, and it is hopeful that it will be able to bring in one additional project located on Miner Road Which extends to the south. Although these units mav look like fourplexes, stated Mr. Annunziato,~hereereractqally 8-~ units per building with each unit having a courtyard. They are one and two bedroom units, consistent with the ~oning Code in size but of a small size. The Recreational Facilities provided by the applicant, continued Mr. Annunziato, are two tennis courts, a recreation ~meting room and pool, a bicycle path, an open space in the southeast corner, and a lake system. Mr. Annunziato asked if the Members of the Board had any questions with respect to what the project proposes. Mr. Annunziato answered a question stating that.the units were two story and were not rental units but were condominiums. Mrs. Bond wanted .to know what the square footage would, be of a two bedroom apartment. Mr. Annunziato said he Would rather refer that question to the applicant. He also said there were 8 units per building and that the floor plans overlap from the first floor to the second floor in order to provide variety. He noted that each unit has a private entrance space. Staff Con~nents As are all PUD's, this application was reviewed by the staff Mr. Annunziato stated, and comes to the Planning and Zoning Board with a positive recommendation subject to the memorandum that the Members of the Board received in their Agenda packet. Mr. Annunziato read the comments of the Building Department in their memo of 1/24/83 as follows: "With re~ard to the above mentioned site-plan (CROSSINGS OF BOYNTON BEACH), be advised of the following information: 1. Health Department penmit will be required. 2. Water ~4snagemen% permit and floor elevation is required. 3. Sidewalk will be required on 4th Street and 22nd Avenue. 4. Evidence of abondonment of the twelve foot (12 ') alley will be required." - 12- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Annunziato had divided that for the Building Department Resolution 79 SS abandon a 12' alley, which is sort of in the south ¼ of the property. So. now, stated Mr. Annunziato, this property is not encumbered by alleys. Mr. Annunziato read the comments in Mr. Tom Clark's memo of February 1,-1983 as follows: "l. The County Traffic Engineer's letter of January 12, 1983 includes the recc~nendation for the developer to construct a left turn lane, west approach, on N.E. 22nd Avenue at N.E. 4th Street. I agree and recommend the proposed construction. e Impact fees for this project are to be collected on a per unit basis as stated in the said. letter from the County Traffic Engineer." Mr. Annunziatoexplainedthat onItemi (Tim Cannon located this on the overlay~ the County Engineer was suggesting that a left turn be provided. Captain Hillery of the Police Department, remarked Mr. Annunziato, commented concerning construction security as follows: "As this is a large development and is located in an area that is very open to the public, via railroad, 22nd Avenue and Federal Highway, the construction phase of the project will be very vulnerable to construction material theft. "It is my recu~endation that the contractor maintain his ~ security on site and fence in all materials that are frequent targets of construction site theft, "Due to our manpower use plan, frequent patrol necessary to combat that type of crime is not available." The Utility Department's memo reads as follows: "February 1, 1983 The Crossings A review of the two questions arising about service for fire hydrant 5 & 4, this shall be an 8" line inasmuch as it dead ends. In regard to service for fire hydrant 7 & 6, this line presently calls for a 4" line looping back into the main 8" line. This should be changed to 6"." - 13- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8r 1983 Mr. Annunziato referred to Mr.. Frederick's memorandum of February 2, 1982. He said Mr. Frederick's memorandum (_Recreation & Park Department) offered information with respect to subdivision~regulation. Mr. Annunziato explained that based on Sub-Division Open Space Requirements, 4.2 acres is required for dedication and that is based on 280 units x .015 acres required per unit. He read: "A review of the above listed Master Plan indicates that this P.U,D. is very close ~o meeting minimum requirements to be granted partial credit for the private recreational use of open space. The applicant has indicated that this development will include: a. Two Tennis Courts b. Recreation c. Swimming Pool d. Bicycle Path e. Mini-Park (135' x 245'} Because of the potential for up to 700 residents, we feel that additional provisions for recreation should be developed in order for us to recommend the maximum 50% partial credit for private recreationr facilities. The developer should consider the following suggestions: The Mini-Park is presently located very close to the roadway on N. E. 22nd Avenue. (Mr. Cannon pointed this out on the overlay) The necessary berming required to screen the park frc~ the road will eliminate the use of a significant part of the park. If the park were moved to a more interior location (perhaps closer to the lake), more space could be effectively used. Parents would feel more secure about sending children to a centrally located area away frc~ traffic. The park presently indicates no provision for active- recreational use. Since both' children and senior citizens are mentioned in the marketing plan', some facilities should be planned for these groups. Several pieces of playground equipment for children should be considered, as well as facilities for senior citizens (horseshoe or shuffleboard courts, for instance). The size and configuration of the Mini-Park should remain approximately the same (no less) and be properly graded, irrigated, sodded, and landscaped for active recreation use. Greater use of the bike path could be made if it could be cc~bined with a heart or fitness trail. Exercise stations would be relatively inexpensive and could be .utilized by both young and old residents. Since %his is a private facility, the paved bike path could be utilized for jogging - 14~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 as well. If the developer desired, he could construct a separate 4 foot parallel path of w~odchips; this is not required, however. The Mini Park could be utilized as a congregating area for the heart trail. Care should be taken to insure that the recreational hall provides a sufficiently large enough area for hcme owner's meetings and other group gatherings. It is also recc~mended that at least 50% of the planned private facilities be cc~pleted at the cc~pletion of Phase I," Mr. Annunziato pointed out that Phase I is approximately the western one half of the project and continued reading: with the pool and recreation building receiving priority; and that the remaining 50% be cc~pleted by the completion of Phase II. The incorporation of the above recc~mendations or similar suggestic~s from the developer will permit this department to make recC~r~ndations for the ~ partial credit towards the Recreation and Open Space Requirements. This will reduce the r _~equirer~ent to 2.1 acres and it is recc~m~nded that fees in lieu of-land be required. /s/ Charles C. Frederick Charles C. F~ederick Recreation & Park Director" Chairman'Ryder said that Mr. Frederick's review seems to be very .thorough and the Board would be bringing this matter up with the applicant's representative. Mr. Annunziato added that the density requested is consistent with the Comprehensive Plan high density recommendation for this parcel of land. Mr. Annunziato was asked what consideration has been taken for the additional property that will be on N.E. 22nd Avenue, which is now heavily travelled due to the condominium complex further to the west. Mr. Annunziato replied that there will be constructed a left turn lane, west approach on 22nd and at 4th Street. This will provide for a bypass for westbound and eastbound traffic. Chairman Ryder asked Mr. Cannon to point ~ut to the~Board-that the access is only on 4th Street and there is no access from 22nd Avenue. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Secondly, Mr. Annunziato pointed out, this development was recommended to pay the County impact fee of approximately $200 per unit for multi-family type usage. Mr. Bob Hamilton, 1700 N. W. 2nd Avenue, Delray Beach, came forward to represent the applicant. The reason, other than the profit motive, to design this particular piece of property, explained Mr. Hamilton, was that it was conducive to zero in on a market that Florida has been ill put to have. That market is newly married couples, divorcees, male or female, and older people who cannot afford $60,000 to $90,000 and on up type housing. They are all one bedrooms. Some have a bedroom and a den with one bathroom. He explained that does not mean that a family with a child could not move in comfortably but past one child, it might become uncomfortable. He explained that they kept the square footage at a level to hold the price to under $50,000, and hopefully, in/many instances, to the mid 40's. Mr. Hamilton continued to explain that in order to understand the elevation design, he had built a two scale model with the roofs lifting off so you can see the inside. He showed the Board the design of the eightplex and explained the square footage on a rendering. (See Addendum attached.) Chairman Ryder asked Mr. Hamilton to comment on the Staff comments, particularly those of Mr. Frederick of the Recreation and Park Department. Mr. Hamilton said he would comply with all of the staff comments. As far as the Engineering Department is concerned, that is a foregoing conclusion, he remarked. Up unto Mr. Frederick's point, Mr. Hamilton said all staff comments were accepted. 'He explained that his partner met with Mr. Frederick yesterday. He said he was certainly not antirecreation, as it helps sell the project. Mr. Hamilton told Members of the Board his partners are a Southern Florida bank, and they funded this from the very beginning. He also'.advised, that the project is fully funded. Mr. Hamilton said Mr. Frederick's comments were well taken. Taking them piece by piece, Mr. Hamilton told Members of the Board the tennis courts have been planned. He showed the community house and said it is sufficient for the necessary population. Mr. Frederick's idea of splitting the bike path and coming up with the configuration of both a heart trail and a path has been received very well. It is an idea they wished they had. -Mr. Hamilton stated they accepted the idea as being very helpful to them. - 16- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 As of yesterday, Mr. Hamilton advised they have been trying to conform with everything Mr. Frederick'wants. Chairman Ryder asked about relocating the "Mini Park". Mr. Hamilton replied that they were trying to see whether it can be relocated. He believed Mr. Frederick was saying to berm it. Chairman Ryder pointed out, "If you berm it, you make it safer, but you take away some of the park area." He noted Mr. Frederick suggested it be further away from the traffic activity. Hamilton said the staff meeting was just a number of days ago and today, he could not englneeringwise say "Yes" on that sub- ject. He could say, "Yes", Mr. Frederick's ideas have been well received. Everything else has been done, and Mr. Hamilton assured Members of the Board that he was going to try his best to conform with that one last thing Mr.. Frederick has in mind. Mr. Hamilton discussed the lake on the property and said the Department of NatUral Resources feels that a healthy depth is 14 feet. He had no problems going in excess of that, as he needs it for berming. Mr. Hamilton stated he wants %o berm 4th, 22nd and the railroad. He said it will be in excess of 14 feet. Chairman Ryder asked, "What's going to dictate is the need for fill in other areas of the development?" Mr. Hamilton answered that two things are going to dictate it. One, he needs the fill, so why not get it in an area that now may be viable that would just become an additional recreational area. Now it can be useable and can be added to recreation. Mr. Hamilton asked if he could go one more area and one more piece of land some- where by shifting some things and making them a playground area, as he did not know. Chairman Ryder asked Mr. Annunziato if he was aware of the 14 foot minimum, as he thought it was deeper. Mr. Annunziato thought once you get much beyond 14 feet, you probably result in dead water~ He did not think much would grow because of the darkness. He pointed out you would lose light and, therefore, you would get dead water. The life of the lake is really on the slopes where fish propagate. Chairman Ryder questioned whether it would be used for a collection area for salt water drainage. Mr. Hamilton replied, '!Yes." Mr. Annunziato informed the Members that the proposed location is in the southeast quarter of the property. From a recreational viewpoint, after having had discussions with the Recreation and Park Director, this is at best a marginal location. It is probably, in effect, a leftover location where a unit could not be placed and be reasonably marketed. It is in the intersection of a railroad track and, at that point, a four lane roadway. That is what makes it difficult to market. This may not be the best location for recreational uses. Obviously, there is the fear that there are children in the area and so forth. Secondly, Mr. Annunziato referred to the size and configuration. - 17- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 With the addition of berms, as the Chairman pointed out, and in close proximity to the unit, to the north and to the west, Mr. Annunziato said you have effectively reduced the use of that property maybe to a third or a half. Anyway, you cannot have active recreation underneath somebody's bedroom window, and you certainly cannot have recreation on top of a berm, Mr. Annunziato told the Members. Mr. Annunziato said these were the kinds of practical problems which were discussed at the Technical Review Board meeting. The practical solutions were to, perhaps, put this parcel of land in an area where it would be more centrally located. This would do two things: (1) make it more secure, and (2) it has the potential of being utilized to have some additional recre~ ation and can be made potentially useful. In connection with that, the Recreation and Parks Director is recommending that uses be constructed in this area for active youth recreation and for active senior recreation. Youth could be playground, and senior could be horseshoe or shuffleboard. The kinds of things that you see occurring in most of the condominiums can be used as a central portion or heart of the fitness trail and bike system. The paths can be adjusted to relocate that use. Mr. Annunziato thought those were the sort of concerns Mr. Frederick had (that there is going to be a recreation area; that it be made practical; that it be made useful; and that it be made safe. He felt Mr. Hamilton understood that and was working in that direction. Mr. Annunziato thought the Board hoped to arrive at some sort o£ understanding of what that meant from Mr. Hamilton's point of view tonight. Mr. Hamilton showed Members of the Board the northeaster~most unit. He said this conversation was a conversation of yesterday at the Recreation Department and said the northeasternmost unit could be taken in and brought down to the corner that they speak of down by the railroad crossing. It will have little effect from a merchandising standpoint. It would be near a crossing but would still be next to a railroad, and the park area which the Park Director wants then to be protected would be a non- crossing area (a non-road area) and next to a, hopefully, road abandoned area, and possibly suitable for his thinking. Mr. Hamilton said Mr. Frederick made no direct conclusions either. The attitudes of both men were to work and try to find something. Mr. Hamilton stated he would do whatever he has to do to built the project economically. He asked the Board Members to be reasonable. Understanding that once the lake is drained to a viable lake, which was not given in that report as a park recreation, Mr. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Hamilton said he has more than complied in giving recreation, even though he wants it free by going and getting fill. Mr. Hamilton stressed it is now more than the City's regulations have asked for. Although he thought the market place could stand a higher priced unit, Mr. Hamilton particularly wanted to strive to stay in the market place that he set out to. He said he believes in good faith and believed both Mr. Annunziato and the Park Director know this and they will work out a solution. Mr. Hamilton told the Board they were sitting with the documents before them, knowing that he has complied with the regulations without the lake. Now comes the lake. In addition, he said he will do his best with the Park Director to work out some additional. Mr. Hamilton continued by saying their designs and documents do not' prohibit or have prohibition against children, but it is geared particularly for the retired and single divorcee market. The houses are designed that way. Mr. Hamilton did not mind the recreation but said he would like to gear it for the buildings and what the product was meant to be. If yet he could work out additional recreation specs, Mr. Hamilton was all for it. It helps him sell. He preferred that the Board would not change his marketing plan. Chairman Ryder called attention to the fact that they are at an initial stage and talking about a rezoning. He said they would have other hearings. Mr. Hamilton will have to come in with site plans and then they will get into the matter of engineering and so on. There is going to be a lot of time to go into these various details. Chairman Ryder felt the recommendation by Mr. Frederick was a wholesome one and a good one. He said the Board certainly would not want to take issue with it. Chair- man Ryder noted Mr. Hamilton said he is working with Mr. Frederick. At such time as this goes to Council, if there is anything else Mr. Hamilton can add to that or anything else he wants the Council to consider, Chairman Ryder said he should feel free to do it. At this point, however, Chairman Ryder thought the Board was going to be obliged to go along with it. Mr. Mauti asked if it would be possible to shorten up that lake and make it a little smaller. Mr. Hamilton replied that the lake does not have to be a lake at all. The reason that it is going to the extent of a lake is that Mr. Hamilton has to maintain all of his surface drainage. Mr. Hamilton said he can maintain 'his surface drainage in a smaller area than that and not go deep enough to create water level. The water level there is between 12~ and 13~ feet. That is the beginning of the water level, so without creating any water, he can satisfy maintaining his - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 on-site drainage and not create a lake at all and make that area smaller and not create any water. It was a decision for both aesthetics and in his original desire to create a real pond that would be useable. Chairman Ryder questioned whether density is a factor. Mr. Hamilton answered, "No." If he can shrink the lake, Mr. Hamilton said he would have more land use density. He stated he can look and ask for 10'4" per unit. Chairman Ryder pointed out that very often these open spaces are density factors. He did not think at this time they really wanted to go into details about a lake or no lake. He told Mr. Hamil'ton he would need something to take care of the storm water drainage. Chairman Ryder thought they were getting a little too far ahead. At this time, he did not think the Board was going to sanction any particular lake. Chairman Ryder reminded the Board that right now, they were faced with what was presented at this time, what staff has said, and whether they were in accord with going ahead and recommending rezoning. Mr. Annunziato pointed out that~no matter what recommendation goes forward to the City Council, the applicant should meet with ,~eRecreation~and Park Director and him again and have a conclusion to this issue. He advised he would not want to place this issue before the City Council and still have it openended. Mr. Annunziato wanted Mr. Hamilton to be in a position of compliance or noncompliance as interpreted by the Recreation and Park Director (Mr. Charles Frederick). Mr. Mauti asked if it would not be approved subject to staff comments. Mr. Annunziato explained that Mr. Charles Frederick's memo is non conclusive to the extent that he recommends the above or similar suggestions from the developer. What Mr. Annunziato wanted to do was to be in a position when this comes before the Council of saying we have now had and there is a meeting of the minds, and that meeting resulted in this con- figuration of recreation. Mr.~Annunziato thought it was something that would result in having the developer make some decisions. Mr. Hamilton agreed and said he would rather go to Council with a decision himself. At that point, Mr. Annunziato thought the Council would be in a position to evaluate this, based on facts. Chairman Ryder reminded everyone that this is a public hearing. Vice Chairman Winter commented that these developers seem to create a problem of their own. Instead of 280 units, they could have just as easily had 272 units, which is still a little bit excessive density. Therefore, they try to fill in every little space they can, and they create a problem that he did not think was a problem for the Board. It is a problem with the developers - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 to go along with the recommendations of the different City Boards. Vice Chairman Winter asked what difference it made if they eliminated 19 or eliminated 18. Now they have created a park. It involves a financial situation here, but Vice Chair- man Winter pointed out, "So you've added $1,000 on per unit, and you have*recoupled any of the losses that would possibly *Should be be there." recouped, Chairman Ryder thought probably it would seem to.be proper because it fronts on the railroad to a great extent. Vice Chairman Winter believed the last time they had a developer wanting to come into this area, the only reason he was turned down was because the buildings were*750 square foot units. Mrs. Bond believed it was 720. At that time, Vice Chairman Winter believed it was zoned, or the density at that time was about five units to the acre. Chairman Ryder agreed with Mr. Annunziato that it was about 7-1/2. Chairman Ryder asked if anybody else wished to speak in favor of this rezoning. There was no response. He asked if anyone wished to speak in opposition to this rezoning. Mr, Don Schmidt, 2645 N. E. 4th Street, Boynton Beach, came forward and said he was across the street from the development. He wanted to know what is going on. The first knowledge he had on this was a memo and a little notice in the paper. Tonight they came down barehanded. Mr. Schmidt could not make a lot of sense out of it unless he studied the map. Mr. Cannon pointed out 4th Street and the pertinent parts to Mr. Schmidt on the overlay. not recoupled. See 3/8/83 Minutes. *Should be buildings were less than 750 square foot units. See 3/8/83 Minutes. Mr. Schmidt asked if 26th Avenue would be completed. Mr. Annunziato addressed Mr. Schmidt3~ question from the overlay, showing the outer limits of the property. He explained the plans of the applicant. Chairman Ryder advised Mr. Schmidt to go to Mr. Annunziato's office and he would take .a little more time and describe the development to him. As long as Mr. Schmidt brought up 26th Avenue, Mr. Annunziato wanted to explain further about its development. He said it was unlikely that 26th Avenue will ever be developed and ever cross the railroad tracks in that a railroad crossing is at 22nd Street. It is nearly impossible to get railroad crossings that close together. It would serve no purpose because 26th really does not carry a lot of traffic. The County asked the City previously to address the issue of accepting this right-of-way from the County. It is a 100 foot right-of-way. Mr. Annunziato thought they would come back with an ultimate pro- posal to address an additional right-of-way to N. E. 26th. - 21- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. S~hmidt commented, "In other words, you are going to give this to\the developer." Mr. Annunziato was saying that if it becomes a municipal right of way as opposed to a County right-ofLway, there are procedures available that the applicant could request from the City Council. At that point, the City Council could make a determination, based upon recommendations of the Planning Board and the Technical Staff as to what public value this street has as opposed to value in the private sector. Mr. Schmidt thought Mr. Annunziato answered his question about 26th Street but asked about Miner Road. Mr. Annunziato informed him that Miner Road is not in the City of Boynton Beach at that location and probably will not be redeveloped. Mr. Schmidt asked about the continuation of 4th Street to Miner Road. Mr. Annunziato answered that there is no provision for 4th Street to be continued northward. Those properties are in the Town of Hypoluxo. He thought there was a proposed condominium to be located north of this property, also in the Town of Hypoluxo, beyond the legislative authority of the 'City of Boynton Beach. Mr. Schmidt recalled that Mr. Annunziato said 4th Street really did not carry much traffic and Said 4th Street carries an awful lot of traffic. Mr. Schmidt asked if there are any exits from this new complex onto 4th Street. Chairman Ryder answered that there are going to be two. THE PUBLIC HEARING WAS CLOSED. Mrs. Bond moved that the rezoning be granted to the Crossings of Boynton Beach, subject to staff comments, and a meeting with the Recreation and Park Director, Mr. Charles Frederick, for the meeting of the minds in regard to the recreational facilities. Mr. Mauti seconded the motion. A vote was taken on the motion, and the motion carried 7-0. In this case, Mr. Norem voted in place of Mr. Linkous. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 SITE PLAN MODIFICATION PROJECT NA~: AGENT: OWNER: LOCATION: DESCRIPTION: Sunshine Square Shopping Center Site Plan Modification Goldenholz & Fischer, Architects Ron Linkous 1625 South Federal Highway 1. After the fact request for approval of modifications to the parking lot; and 2. 910 square foot plus ~9 parking stall addition to Sunshine Square Shopping Center As was mentioned, Mr. Annunziato remarked that the applicant has provided an analysis related to the peak demand for parking generated by the uses. This was being added as data to the Agendapacket material. Mr. Annunziato explained that the basis for his February 2, 1983 memorandum to the Chairman and Members of the Planning a~nd Zoning Board regarding the Modified Site Plan related only to the drive-in bank situated in the northeast corner of the shopping center proper. It was an addition of 910 square feet and 9 parking spaces. (See Addendum) At the time this recommendation was proposed, Mr. Annunziato said they did not have upmto-date information concerning the joint allocation of parking for the total shopping center; therefore, based on required parking stalls,they concluded the shopping center was legal and nonconforming. He further said that any modification to the shopping center could only have been made if the modification proposed did not result in an increase in the degree to which the shopping center was non- conforming. Therefore, the Planning Department provided a detailed explanation as to the T.R.B. recommendation applicable only to the proposed construction of the drive-thru bank facility. The fact that they were adding parking beyond the requirements in effect reduced the degree to which the shopping center was nonconforming and~ therefore, Mr. Annunziato said, could be considered by the Board as a site plan. Mr. Annunziato referred to the last paragraph on page 1 of his February 2 memo in which it stated that the applicant had not provided satisfactory evidence to the T.R.B. at the time the T.R.B. reviewed the site plan modification. Yesterday, the applicant provided for the T.R.B. information concerned with the request for joint allocation of parking. - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 In that regard, Mr. Annunz±.ato suggested that the Board react to the joint allocation of parking request first and then if that is found to be acceptable by the Planning and Zoning Board in recommendation fromthe City Council, then react to the site plan modification not only for the modifications to the drive-in bank facility but to the sanctioning of the site plan in its entirety. Mr. Annunziato stated that the applicant had prepared a~parking analysis of the Sunshine Square Shopping Center through a_consultant, Kimley-Horn and Associates, Inc., who are well known and well .respected in the field of traffic engineering. (See addendum) Mr. Annunziato reviewed the contents of the analysis~and read pertinent material to the Members of the Board. The number of parking spaces required by the City Code is 623 advised Mr. Annunziato. The number of parking spaces which will exist at the shopping center when the modification to the bank is completed, is 569. The question then is if the peak requirement~ say at Christmas or other holidays, is 349 parking stalls, is it legitimate to ask for a joint allocation of parking to arrive at a number of 569 parking spaces for this particular configuration of uses at the Sunshine Square Shopping Center. The following data, stated Mr. Annunz±ato, is a different way of looking at shopping center requirements, based on shopping centers of less than 400,000 square feet. This might be something the Board might want to look into in the future, suggested Mr. Annunziato. Kimley-Horn concludes, remarked Mr. Annunziato, that 569 spaces at the Sunshine Square Shopping Center is adequate for the 100,375 square feet of uses which presently exist at the center. Based on that information, a subcommittee of the T,R.B., cansisting of Mr. Annunziato, a~Building Official, the City Engineer and Police Captain Hillary, reviewed the evidence (2/8/83) "this morning". The subcommittee found the evidence to be accurate and applicable to the specific needs of the site, and based on the information submitted, recommended that the requested joint allocation of parking be approved. Chairman Ryder asked just what changes would be made to the bank. Mr. Annunziato replied that they are remodeling and changing the configuration of the site, updating i~ and improving it. - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 By the reconstruction of the bank, they are actually able to add parking, Mr. Annunziato advised, He thought the Board could react to the Joint Allocation of Parking Request first and then the site plan can be addressed in its entirety. Mr. Mauti asked if the number of parking spaces included the parking area behind. Mr. Annunziato replied that it did and also included the area to the west of the buildings adjacent to the railroad tracks. Chairman Ryder asked if Mr. Annunziato was suggesting three different aspects. In order for the Board to address the Site Plan ~dification in its entirety, Mr. Annunziato advised that the Board would first have to address the Request for Joint Allocation of Parking. If the Request for Joint Allocation of Parking is not recommended, then Mr. Annunziato would not recommend that the Board address the Site Plan ~dification in its entirety and just limit the discussion to the modifications to the bank structure. Mr. Hester moved that the Board approve the Joint Allocation of Parking at Sunshine Square Shopping Center. Mr. Mauti seconded the motion. No Discussion. Motion carried 7-0. Mr. Annunziato advised that the next issue would be to address the Site Plan Modification in its entirety to include the bank and the existing configuration of parking. Mrs. Bond moved that the Board recommend approval of the Site Plan Modification in its entirety. Mr. Wandelt seconded the motion. The motion carried 7-0. Mr. Annunziato added that the T.R.B. still feels that Sunshine Square can improve the signs and remove a little of the confusion that occurs. Chairman Ryder thought it should be included that the Technical Review Board is now satisfied, Mr. Annunziato's recommendation on February 2, 1983 was openended_- with respect to the lack of additional information, and he thought it was very clear in that regard. Chairman Ryder asked if they would be satisfied now with the delivery of further information. Mr. Annunziato replied, "Yes" ~ 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 SITE PLANS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Sanctuary for Ascension Lutheran Church Ferguson~Glasgow-Schuster, Inc. Ascension Lutheran Church 2929 South Seacrest Boulevard Modifications to existing site plan including architectural changes and substitution sodded parking stalls for 93 of required 187 parking spaces. Mr. Cannon, Assistant City Planne~ showed the Members of the Board the modified site plan and said there was a positive recommendatiOn from the Technical Review Board~subject to staff comments. He ~aid this Was a previously approved site plan. Most of the changes are architectural changes. Mr. Cannon added that there are five changes which are specified in the letter from the architect to the Community Appearance Board. Mr. Cannon did not think it was necessary to detail these changes except for one major change. He showed where a covered walk would be eliminated near the new Sanctuary they are building. The major change, advised Mr. Cannon, is not architectural in nature. The applicant is asking that he be able to omit paved parking of one,half of the total required 187 spaces. He read, "Owner will provide paved drive with parking on grass for 93 of required 187 parking spaces". Under the zoning Codes, in the parking section, there is a provision which allows the substitution of stabilized sodded parking areas where80% of the parking demand falls within a 24 hour period. That is where you have a distinct once a week parking demand, such as you might have at a church. The location of the proposed sodded parking stalls is in the northwestern part of the property. Mr. Cannon pointed out the existing parking lot on the southern part of the property~which is paved. Originally, the applicant was proposing paving all of the new Parking spaces and is now asking that these new parking spaces have stabilized sod for the area of the parking stalls. The aisles, as required by the ordinance, would be paved. The Planning Department has a memo, stated Mr. Cannon, with respect to this proposal for sodded parking. Mr. Cannon paraphrased the memo. The Planning Department felt that there would be a significant amount of daily use of some of these parking stalls. He pointed oum the location of the new Sanctuary and said that any daily use of that Sanctuary and any daily use of the existing offices, classrooms and floor space would most likely entail the use of these parking stalls. The Planning Department felt that with this daily use -26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 of the sodded parking areas, the sod would soon deteriorate, which would be in conflict with the intent of the ordinance (Section ll(H) (6)). Consequently, advised Mr. Cannon, the Planning Department recommends that 30 spaces nearest to the access drive be paved and that the remainder around the periphery be allowed as sodded parking stalls. From the Engineering Department, Mr. Cannon remarked, the comment was "Approved cross section of nonpaved parking areas". He said the ordinance requires that the sod be stabilized, there should be some indication on the site plan that the soil underneath will be stabilized. That was the extent of the staff comments on this modified site plan. Mr. Annunziato added that the issue was concerned with the location of the proposed nonpaved parking stalls. The Planning Department fel~ that the area in close proximity to the east / west driveway is going to be used more than once a week and in fac~ is used more than once a week and should be paved. Those spaces which are not in close proximity to that area would be acceptable as nonpaved. Chairman Ryder remarked that the applicant is seeking to eliminate 93 and Mr. Annunz±ato said they would need at ]east 30, which would mean that 63 would be eliminated. ~ Chairman Ryder noted that was the extent of the Planning Department's comments and that the Engineering Department wanted a cross section to a~judi~ate how the, Sodded parking stalls w~uld'~be~installed. Mr. Jim Ferquson, Architect for Ferguson-Glasgow-Schuster, Inc., 2501 South Seacrest Boulevard, Boynton Beach, Florida 33435 came before the Board. He said that basically, the comments that were made were right in a sense in that they do have an existing paved parking lot. Because of the parking ordinance and landscape ordinance, they had to rework the existing parking lot because of drainage and landscaping. Mr. Ferguson noted that there are no rear exists to the existing building. One must go to the front to get to the existing space, so most visitors would park at the lower end. The added parking for the Sanctuary would be used on Sundays. After questioning the applicant, Mr. Annunziato noted that the issue of drainage is not an issue to be addressed by the Planning and Zoning Board. With respect to the center of activity, Mr. Annunziato remarked that Reverend Ferguson only - 27- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 knows where the people are going to be. However, Mr. Annunziato was interested in the use of the northernmost building and whether or not it is going to be occupied daily or more than once a week, the question being that if the parking stalls are going to be used more than once a week, then. perhaps they will be damaged and will become an eyesore. Mr. Mauti asked Mr. Ferguson how often the parking stalls would be used. Mr. Ferguson answered that he would refer to the Pastor on that but that primarily all of the parking would be just for the Sanctuary (438 seats). Pastor Ferguson of Ascension Lutheran Church, 2929 South Seacrest Boulevard, Boynton Beach, Florida, came forward. He wanted to assure the Board and the City Planner that he had no intention of rerouting his people to motivate themselves in a different pattern. As the Architect pointed out in the existing buildings, Pastor Ferguson remarked they have no rear exit doors that can be.used in and out, and people all park on the south end of the building. Pastor Ferguson continued that Project 2, the most southerly building, will be changed into their Fellowship Hall. He said if people were to park in the back of the existing buildings, on the west side, they would have to park back there and walk around either the north or the south ends of the total buiidings to get into the activity doors in the existing building. He said they are not going to create that. Mr. Mauti asked how often Pastor Ferguson thought they would use the parking areas discussed. Pastor Ferguson replied that the ones in back of the adjacent building are not going to be used for weekday activities at all. Mr, Mauti further questioned how many days a week the grassed parking areas W~Uldb~used. "Pretty much once a week at the most", answered Pastor Ferguson. Mr. Mauti wanted to know how many Pastor Ferguson would say would be parking back there that one time a week. Pastor Ferguson said the whole point is that they would not park back there for weekday activities because there is no entrance~y back there. What the Board is trying to determine, Mr. Mauti explained, is how much damage would be done to the sodded areas if they parked there, say, four days a week or two days a week. Pastor Ferguson said it would be one or two days at the most because they are parking south and they would park there to come to the activities. They have to come to the front. As to the church proper, on the northern end, Pastor Ferguson - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH,FLORIDA FEBRUARY 8, 1983 explained that is one and maybe two days at the most per week average. Chairman Ryder explained that what they were talking about was getting some paved parking areas adjacent to the buildings that are there. What the church has now is far removed from the buildings and in bad weather, certainly everyone is going to try to get up near the buildings, ascertained Chairman Ryder. Pastor Ferguson stated that they are still going to have to come to the front of the building to get in. Mr. Sussman also questioned this. Chairman Ryder asked about the spaces down at the southerly end. Mr. Cannon pointed this area out on the overlay. P~astor Ferguson also showed the Board the entrance ways and exits and said that the only exit doors were fire exit door~ which they never use. Chairman Ryder asked if there was a passageway. Pastor Ferguson replied, "No, not on that side." Mr. Fe~uson, Architect, explained where the new road would be and where the otd road was. He showed where reshaping would take place in order to meet the new requirements for drainage and landscape area and for lighting. Mr. Ferguson showed the Board the building which would accommodate 438 people and said, "This only happens on Sunday." The rest of the time, he said, if you would have something that would meet in F~ellbwship~Hal~ you might have 100 people. Chairman Ryder thought perhaps they might not have enougharound the sanctuary. He said the fact that it is once a week still means that they would get used regularly. Mr. Ferguson was asked if the sodded area was behind the new building. He said that was right. He explained that it would all be stabilized soil for parking on the grass. From an appearance standpoint, Mr. Ferguson said it was going to look better than the asphalt. He readily agreed that if people are going to park two or three times-a week, it would probably destroy the grass. Mr. Hester asked about the Fellowship Hall parking and if it would be grassed. Mr. Perguson showed where the 'grassed parking would be and showed the only way to get into the existing Sanctuary. ~ reiterated that there were no entrances from the rear. Mr. Wandelt asked if a driveway would be paved. Mr. Ferguson replied tha~'~ll of this is a pa~ed drive and would show up on the revised drawing." He further stated that the drive itself is paved but what they were talking about was where they pull off. Mr. Wandelt saw no problem there. Mr. Annunziato asked what was the current use and the projected use of the northern most existing building. Pastor Ferguson answered that there was already an existing small kitchen. - 29 - MINUTES - PLANNING AND ZOING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 He further said, "We are going to Project 2, whatever years that may be~, use it for a lounge of 30 to 40 people and extended office space on the most easterly section of it because we are cramped for office space in here now." Mr. Annunziato asked if it was reasonable to assume that the remodeled building would be used more than once a week. Pastor Ferguson answered that he did not think it would be more than twice a week. Mr. Norem asked if it was possible to allow the sodded stalls and have a periodic review by the Building Department; if they find that the sodded stalls are becoming deteriorate~ they would be made to pave them at that time. Chairman Ryder thought it would be a constant maintainence thing and didn'~t know whether they would want to saddle the Building Department to do that. Chairman Ryder further thought that~ regardless of the fact that there would be steady and increasing use, if the Board goes from 93 to 30, it was not being unreasonable on the part of the City. Pastor Ferguson mentioned that he was not saying that it is unreasonable, but would say that they are not going to park cars in the back of the existing buildings and enter by that direction, thus wearing out the sod. "They are going to have to park wherever, but they are going to have to come around to the front of the building in order to get in so they are not going to park in back. They are going to be parking just south", ~astor Ferguson said. The building that the Board just talked about, remarked Chairman Ryder, Pastor Ferguson said would be used twice a week maybe. That is in the area Mr. Annunziato thought there should be some paved stalls. Pastor Ferguson understood that if it was a once- a-week thing, it was not necessary. Mr. Mauti noted that they had to stabilize beneath the sod. He added that what they are also looking at is some sort of beautification. "If it is not being used~and I believe that what we are trying to bring out is the fact that maybe by him making it a planting area, he might be short those spaces. "Is that what may be the problem, carmen?'~ asked Mr. Mauti. Mr. Annunziato replied that the use exceeds the anticipated use and that is once a week or twice a week. He noted that these sodded parking stalls will deteriorate, and that is beyond the intent of that section of the zoning Code which provides for this kind of alternate parking. ~ 30 ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8~ 1R83 Mr. Mauti wanted to make his question a little'clearer, He asked, "At the present time, without the parking stalls that you have recommended to be sodded, is there adequate parking without that?" Mr. Annunziato replied, "Yes.". Mr, Annunziato replied that the site Plan provides for adequate parking~based on current Codes. Mr. Mauti remarked that if the applicant sodded that area, he would still comply with the parking Code. Mr. Annunziato replied, "Yes". Mr. Mauti questioned how they could demand that the applicant put in 30 parking stalls when they are not needed. Mr. Annunziato said the question was whether or not there is going to be any activity between the existing building and the proposed Sanctuary ~ more than just once or twice a week, Mr. Mauti went back to the same question and asked, "Is there adequate parking? Doing away with the parking spaces he is going to cover with grass, let's say that is not parking. It is a grass area. Say it is a land coverage of shrubery, or whatever. Taking away those parking spaces, are there adequate parking spaces there to cover?" Mr. Annunziato replied, "No." Now he understood what Mr. Mauti was saying. "How many short is he?" asked Mr. Mauti. Mr. Annunziato said roughly half. Pastor Ferguson added that it was not a matter of adequate parking at all. It is a matter of sod versus pavement. Mr. Mauti stated that if they had adequate parking there is no argument; "just sod it and we'll forget it." Pastor Ferguson's personal feeling was that they could junk up pavement as much as they could junk up grass, but he said he loves nature and they are not going to junk up the pavement or the grass. Mr. Sussman asked if they%~would'~n~etth~fCode~ifthe grassed areas ..... are eliminated. Mr. Annunziato replied that there is enough parking right now for the buildings that are currently existing. With the new Sanctuary, there is a need for additional parking. Mr. Annunziato added that this site plan provides for meeting that additional need. Mr. Wandelt pointed out that the new Sanctuary is a one time use building which is used once a week. It was Mr. Wandelt's feeling that it would be very foolish to have to pave all those 93 parking spaces for one day's use. Pastor Ferguson said that the disagreement would be that they would be parking behind the buildings and overusing the sod, thus deteriorating its He added - 31- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 that when they use the existing buildings they will not park in back of the buildings but will park to the south of the buildings because the entrance ways are to the east and not to the west. To summarize the issue, Mr. Annunziato stated that it was whether or not there~is going to be any activity created between the existing building and the proposed building which would result in more than a once or twice a week parking requirement. He said, "If there is, then clearly it would damage the sodded parking. If there is not, then it is not an issue." Mr. Mauti asked for Mr. Annunziato's opinion as to how many times he would say parking on 'a grassed area would deteriorate it. Mr, Annunziato could not answer that question but he gave an example of improved sodded parking at a mobile home park, (Pioneer Park, on N. W. 13th Avenue on the Boyn%on Canal). He stated, "Those places are probably used two or three times a week, and it appears to hold up very well." Chairman Ryder noted that the question was how often would the' sodded stalls be used. Mr. Annunzia%o said this is the first time we have addressed this specific question. Chairman Ryder added that he did not think this was a critical question. He said that,incidentally, the Board was talking about relieving them of some 63 parking spaces and, at least, requiring 30. Pastor Ferguson gave an example of a church in Ft. Lauderdale with a congregation of 10,000 (Coral Ridge Presbyterian Church,. He said, speaking of precedents Jas Mr. Annunziato did, they have all kinds of activities and right in front, 90% of their total parking is sodded. He added, "It still looks good." Chairman Ryder said, "Again, I don't know whether that is something that we should use as a criterion." Pastor Ferguson pointed to the precedent pointed out by. the City Planner which was the reason Pastor Ferguson was citing this one. Mr. Annunziato summarized by saying that, "Our conclusion was based upon an assumption that the area between the existing building and the proposed building would be utilized more than once or twice a week. Reverend Ferguson is telling us that it will not be used more than once or twice a week," If Pastor Ferguson had been asked before and not known the question reasoning, he said he still would have said it that way. ~ 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Annunziato stated that you can't really fully determine in the future how many times those buildings are going to be used. It might turn into an activity area and it might not. Chairman Ryder thought the Board would have to go by the Code and what is required, Mr. Mauti asked if the Code did not require that you can have parking on a sodded area that is stabilized. Mr. Mauti wanted to bring out the Code. Chairman Ryder noted that they were talking about some of it being paved. At this time, Mr. Kerry Kessell..Project Manager of Kessel Construction Corporation, 2501 South Seacrest Boulevard, Boynton Beach, came before the Board. He said, "When we originally bid the Ascension Lutheran Church, it had come in way above-their budgetl Working with the Pastor and his group, we had to do everything we could to come down to the budget they had so that they could construct their new edifice. Originally all those areas were supposed to be.pawed, and our team met with Carmen (Mr, Annunziato) over at the Building Department to discuss changes that we could make so that we would still fall in with Code requirements where we could possibly realize a savings to the Church. One of these changes was the parking areas. We were able to save the Church tremendous amoun~ of money by reducing the areas from asphalt and making them into sod. We had discussed this with our site contractor and with our landscape person to see how sod would hold up on a stabilized base. They had agreed that there would be no problem with this, if, in fact, the useage would be one day per week." "But I would just like all of you to understand the reason why we went ahead and did this. It was to be able to save the Church money so we could go ahead and build an edifice, That is really the crucial point here and I think we just want you to understand that," Mr. Kessell added. Chairman Ryder agreed that it was a crucial point but did not think the City gets involved in a matter of economics.. Chairman put~down a r_~.~. 3~~ s~abilized~ limestone base ./to'.sa~e~ sometimes compacting, and then put on sod, how mUch they would-save by e~minating the sod and putting in 1%" of paving. Mr. Kessell said it was quite a bit of money, Chairman Ryder thought it was inconceivable and added that there would be no maintenance ihvolved and with sod there was. - 33 ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH,FLORIDA FEBRUARY 8, 1983 It was called to the applicant's attention by Mr. Winter that they would not have any. drainage wi~h asphalt and with sod they would. Many Members of the Board agreed overtly. Mr. Sussman remarked that~Mr. Annunziato informed him that the site plan is within Code with the grass sites if it is once established that it will not be an activity area. Mr. Sussman stated that the Board sits now in judgment of the Reverend's wor~ and the Reverend assure~ the Board that, at best, it will be used more than likely just once a week for Church services. Mr. Sussman continued by saying that if the Board accepts the Pastor's word, and judges from within the Code, there is little that the Board can object to. Mr. Annunziato advised that he was willing at this point to accept Reverend Ferguson's determination as to the use of the property~ however, in all fairness to the Staff, it ought to be recognized that there is a potential for a problem here. Pastor Ferguson agreed with the potential for the problem but thought that if he had been asked to give an opinion, he would have saved some time for the Board. Chairman Ryder's feeling was that if they were going from 93 to 30, that is being reasonable in the lack of further definite information. Mr. Wandelt moved that the site plan modification be approved and substitute sodded parking stalls for 93 of the required 187 parking spaces. Mr. Mauti seconded the motion. No further discussion. Motion carried 6-1 with the dissenting vote cast by Chairman Ryder. SITE PLAN PROJECT NAME AGENT: OWNER: LOCATION: DESCRIPTION: Golfview Harbour Estates Karin Mannchen Milnor Corporation Congress Avenue, S.W. 27th Avenue and S.W. 25th Avenue Modifications to existing site plan to allow garage parking and modifications to dwelling unit types for 15 multi-family units. - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Cannon advised that this modified site plan comes to the Planning and Zoning .Board with a positive recommendation. '>from the Technical Review Board. There were no comments to the site plan or application. Mr. Cannon exPlained that the modifications are to modify the buildings and the parking lots to allow garage parking. Mr. Cannon ~pointed to',.the overlay and showed the Members of the Board where the modifications are requested, He showed the proximity to Congress Avenue and Silver Lake Estates. He advised that there are more extensive modifications shown on the site plan, however, the other modifications would requirer,changes in platted lines. The modifications Mr. Cannon ~, . were~in Blocks '6, 20 and 2R, and P-4 and P-21 are only modifications which can be made at this time without changing the platted tract boundaries. Therefore, the approval of this site plan is only for these particular tracts and not for the rest of the site. ~r. Cannon noted that-the applicant, most likely, will at a future time submit a revised master plan and plat for the entire development. However, he would, at this time~ be able to put the garage parking at the two locations pointed out by Mr. Cannon without' modifying either the master plan or the plat site. Mr. Annunziato thought 'this was relatively simple and asked if there were any questions. He said there were no staff comments. Mr. Wandelt asked if these garages would be attached to the buildings. He was answered positively. Mrs. Bond moved that the Board accept the modifications to theexisting site plan of Golfview Harbour Estates to allow garage parking and modifications to dwelling unit types for 15 multi-family units. Mr. Wandelt seconded the motion. No discussion. Motion carried 7~.0. - 35- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 WORKSHOP - CITY LIMITS'- ~STERLY BOUNDARY LINE Chairman Ryder stated that the entire Board met for a workshop meeting in the afternoo~ held in response to a request by the City Council to consider a reconm~endatiOn to curb any further expansion by proposing a westerly boundary line. Substantially, Chairman Ryder said, this is Congress Avenue. On the face of it, Chairman Ryder mentioned, it would appear that this is a simple problem because we know that many people have expressed opinions to the effect that they would like to see some measure to curb further growth. As a result of the meeting yesterday (attention was called to the exhibit ) th~'Board found that it is not as simple as it might appear. In the first instance, they-had already been advised that legally they are not permitted to do this under State statute, and they have to have a change to do that. In the second instance, they f6und that currently the City is serving thousands of dwellings in the reserve annexation area. In fact, Chairman Ryder continued, they are serving them from Military Trail and beyond with water and sewer facilities. Because of the City's commitments to do this, Chairman Ryder said, they find that regardless of whether they try to curb growth by setting a line, if that is practical, they still could not have any control of new areas which would be developed in the County and which the City would have to serve. CoNsidering what recommendations the Board may make to the City Council, it was Chairman Ryder's thinking that since they were asked to consider establishing a western boundary line, they take a vote on that. If they found that it was constructive to establish a western boundary line, Chairman Ryder thought the Board ought to recommend where that should be and asked should it be Lawrence Road or at Military Trail. Finally, in the event the Council decides to proceed with the straw vote, Chairman Ryder thought it should be made clear that the City could not do anything about setting this boundary if that is the opinion, as the result of the straw vote, unless the State would change its position on that matter. Keeping in mind the present and future commitments to serve the reserve annexation area, Chairman Ryder's opinion was that trying to set a line would be nonconstructive because the City could not do anything about it and could not implement it. It would not serve the purpose if the purpose was to curb further growth in this substantial area which the City is serving. In fact, Chairman Ryder continued, we are going as far as 2½ miles west -36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 of Congress Avenue and there is nothing to preclude developments taking place there and they will. Chairman Ryder added that everybody knew that and all along the westerly portions .of Delray Beach, Boynton Beach and Boca Raton, this is What is happening. ks .the'Board Members were present at yesterday's meeting, Chairman Ryder was now asking for their opinions. At the ~meeting, they heard the Utility Director tell them about the commitments and what has been done in these areas. They were also told that they already have water wells in the reserve area and that eventually~the City may .have to put up a water treatment plant in thatreserve area. Chairman Ryder reiterated that it was not as simple as they thought. It was his opinion that they go to straw vote and that there' was no question as to how it _ is going to go because people are going to say, "That is enough." This afternoon, Chairman Ryder received a call from someone in Leisureville who got very agitated about what might happen to the Ci~sgrowth. He was reminded of'10'years ago when the caller and he csmeto Leisurevi~e and was~sure~that the people along Federal Highway felt the same way about Leisureville, "When we came here, it Was a nice small town and we wan~ to keep it this way." Chairman Ryder to~d the assemblage that there is no way ~hat it could be kept that way. Chairman Ryder knew that the City has to grow and that there is no way to stop it, Mrs. Bond reminded the Chairman that he had cut the density~aR~'had done a lot of things. Effectivel~ what e~se can the-Board~do, ~ --. knowing that there is land there, knoWing that somebody owns it, knowing that they have a right to develop, if they conform to Codes, and if they conform with the requirements, whether it is the County or the City with regard to density, Chairman Ryder asked. ~ If you don't change the zoning and all that, Mr. Wandelt replied, then it's Agricultural out there; the~ they can't expand. Everytime somebody wants to expand and develop it, Mr. Wandelt ~p~ssed, the zoning changes from Agricultural into Residential. You might get a developer that wants to go beyond Military Trail expressed Mrs. Bond, and be annexed to the City. She asked what they were going to do then. Incidentally, Chairman Ryder, reminded the members that they were told too that there were no indications - 37 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 of imminent shortages and that we have to expand our dimensions, water facilities, water treatment facilities and eventually sewer treatment facilities, although now we are nowhere near our share of the regional plant. Mr. Mauti asked Mr. Annunziato how many of the areas that we have there.~r~e~u~/~<ev~l~edl Mr. Annunziato replied that they were marred in green on the rendering and were unplanned. Mr. Mauti asked which were approved but not developed. He was told by Mr. Cannon that there was no category for that and that they just had a category for "approved'~.which Mr. Cannon pointed out. Chairman Ryder asked ifthefigure'of 10,000 housing units in this area was correct and if that was developed or approved. "And how many of those do we supply with water and sewer?", asked Mr. Mauti. Mr. Annunziato replied that the City supplies most of the new developments built in the last fi~e or six years. He said there are several of the mobile home parks which the City does not serve, and the type of service the City provides to some of the developments is no~ equal. For example, when the City ~ activated a lift station on Golf Road which will be very soon, as 'soom as some somtof agreement is worked out. He said the City would then be serving the Village of Golf, Quail Ridge, Delray Dunes,and he believed Pine Tree. He said the City would be collecting sewage, and they will be paying a fee to the City of Boynton Beach and will use the City3s t~an~si~ion'~facilities, and the City will be treating that sewage. They will continue to use their own water treatment plant, he said. Mr, Annunziato added that there are areas where the City sells water and does not collect sewage,so it is difficult to grasp a number as to how many units the City is serving. Mr. Annunziato thought Mr. Perry CesSna has that figure. It was Mr. Mauti'.s understanding from the Workshop Meeting that,eventually, all the'parts that have .their own sewage treatment plants and others such as Village of Golf, etc. would be terminated and would have to go into a municipality sewer system. The intent of the 201 Program, advised Mr. Annunziato, which is the Pollution Control Program, was to eliminate package plants and take people off septic tanks. For example, if - 38- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 you are within 100 feet of a collection system~ you don't have a choice, stated Mr. Annun'ziato. The septic tank system would have to be connected into the gravity system. As facilities become available to trailer parks or other locations that have package plant.s., Mr, Annunziato thought there was going to be significant pressure placed on these utilities to be put out of use and to connect on to a regional system. That is why the Federal Government spent all the money they di~ advised Mr. Annunziato. Mr. Mauti said it also stated that if we have it in the area, that we must serve them. Mr~ Mauti asked Mr. Annunziato if he was right. Mrs. Bond said that is right. With this in mind, explained Mr. Mauti, then we ought to get some kind of guidelines as to where this line should start and where it should end. Mrs. Bond agreed. "We know where the line starts and ends with respect to utilities. Our service area is Hypoluxo Road south to Canal 30, currently ~rom the E3 Canal east to the ocean. We are serving areas in Hypoluxo; we are serving Briny Breezes; we'are serving Ocean Ridge..." Chairman Ryder stated that, incidentally that was one of the exhibits they were shown yesterday (2/7/83~ which indicated the entire area. That indicates a commitment made previously, Chairman Ryder stated, somewhere along the line to which the City is now bound. Mr. Mauti asked if the Board was supposed to determine land to or from thatwhich ~ey are going to incorporate, with no basis on which to work. W~at the Board is trying to do is to find out how practical it would be to establish a line, knowing what the Board ~nows now about extension of services into an area which in some instances are about 2% miles away from the City limit~ expressed Chairman Ryder. Mr. Mauti reiterated that again the question comes up that the line was installed at the cost of the developer but based with the' Boynton Beach r~si~nt. Chairman Ryder pointed out that all extensions into the reserve annexation area are paid for by the developers. There is a surcharge too for the use of water and sewer, pointed out Chairman Ryder, because of the fact that they don't pay taxes to the City. Mr. Annunziato called to the attention of the Board the fact that most.of the extensions of the reserve annexation area were made - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 by developer money. In the instance of the, for example, lift station on Golf Road, that was 75% EPA funded and 25% Boynton~Beach funded. With respect to the lift station and water main that goes out to a lift station at Canal ~20 and Lawrence Road, what was not Federally funded was developer funded. With respect to utilities that serve specific developments, Mr. Annunziato could not think of one that was no~ improved by a developer. Chairman Ryder added that, of course, our commitments are based on the fact that we were ~ur~nb'le financially to proceed with our~ater treatment facilities, regional plant..That *Should be was the reason why we had to go into partnership with Delray -~aste Beach because of the Federal Grant involved and, as a stipulation, water we had to serve some of the surrounding communities and also serve the reserve annexation area. ~ Mr. Mauti called attention'to areas of land that have not been used or developed. Chairman Ryder ~tated~ '~e know there are areas that have not been developed, and I assume that when they get developed the question will then come up of the extension of our services into these areas." facili- ties. See 3/8/83 Minutes. %i~was Mr. Norem's thinking that the Board should take into consideration the faCt of the development that is going on to the south and the north of us. "I think all of us could agree that that area is going to be developed some way, somehow." He thought they have to look back at the past or even further back.. He said,"What if the same Zoning Board or the same Council tried to vote on this issue 20 years ago? Where do you think they would have drawn the line? We would be in serious trouble." Mr. Norem suggested not trying to establish a line at all. (1) He didn't think the Board coUld, according to State Statute;and (2) even if the Board did, or had an idea as to where that line should be, we might be cutting off the fact or the ability for future Councils, etc. to react to new growth. Mr. Norem thought the City should have the ability to control that and said that they cannot guess at what is going to take place 10, 15 or 20 years from now. He said it should be handled at that time on a per unit basis. If it is cu~ off now, they are not going to have that"say so"further on down the road. - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 AS a classic example, Chairman Ryder pointed out that for years they talked about getting a Mall in Boynton Beach. All during that time, the understanding was that it was going to be in the County because they were outside the City limits. If the City had a boundary line at that time, (Congress Avenue is the boundary line), the Mall would come, but it would not come in the City. It could not be annexedran~ it would come in the County and we would get all the problems that you get with a facility like that (it generates a~lot of traffic and movement) and no taxes. In the future, we might find it advisable to annex them. Chairman Ryder stated that by setting a line,.the City precludes anything like that happening in the future and they don't know. Something like the Mall might happen again some years-from now. Chairman Ryder thought they could not ignore the fact that people say, "We have enough'~ but he thought they have to be practical and realistic in what the Board recommends. Mr. Mauti thought the City Manager made a statement at the Workshop Meetin~ in that he advised that the business factor should be considered. Mr. Mauti thought that should be given some serious thought. That was a new aspect which Chairman Ryder was not aware of. Mr. Mauti pointed out the money that would be invested. Then someone else comes in and develops it, and the City has to serve it or may not be able to serve it and have dead lines running through it. Chairman Ryder thought the Board should show the Utilities Director that they have no fears for the immediate future o~ mayb~ beyond the immediate future, "but, presumably from now on, whoever is here, whether it is on the Advise. Board or the Council and the City Staff (as they have done all along and ar~ doing %oday)~ifhey~ll review the matter as to whether they can supply these develoPmen{swith services before they concur, which is something that you have to do", Chairman Ryder added. When Mr. Mauti said he asked the Engineer about the sewer treatment plant, he advised at the time t~-e City of Delray Beach and Boynton Beach had the proposition 50%/50% on utilizing that plant. He said it was 7½ billion gallons. He also advised us, said Mr. Mauti, that Delray Beach went over that and they would pay Boynton Beach. In doing so, it would also take away from Boyton Beach's capacity. In other words, .- 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Mauti pointed ou~ there are a lot of good points of going a little further and there are a lot of bad points, and it is a question of, '~he guy that gets to the dish first, eats the~ost." Mr. Sussman's interpretation of what was said was that the capacity had to be available. That is what Mrs. Bond also understood. Mr. Sussman continued that it had to be available before Delray could purchase it. In other words, he said, "If we had need for our 7½, they would just have to purchase it". What Mr. Mauti was saying was that "if we are not using it and they are using it, then we are going to do without the balance." Mr. Annunziato pointed out that the decision of whether or not to serve the property has been made, It. appears that the City. has committed itself to serve, whether they are incorporated or n~t as~to the issue of excess caPacity at the sewage treatment plant (if one or the other municipalities begins to approach exceeding their 7½ billion gallon allocation) Mr. Annunziato thought there was going to be a public housing issue which is going to have to be resolved by the Sewer Board whick is the joint governing body composed of the City Councils of Boynton Beach and Delray Beach. Mr. Annunziato said there was a public health issue here. Mr. Mauti stated that there could be another moritorium. This was a public policy issue Mr. Annunziato thought should be debated by the~Sewer Board. Chairman Ryder stated that with a moratorium you have to prove that there is a definite need. Mr. Mauti wanted to hear some indication of how far the lines should be'drawn. Chairman Ryder remarked that yesterda~ Mr. Annunziato gave an illustration of choices and said, "If you do it, make sure you cover both sides of the street." Chairman Ryder questioned what the Board would tell the ~City Council. If the Board says, "No", then what is the point of talking about where it should be. Mr. Mautiaskedifthe Countil has asked the Planning and Zoning Board to establis-~ such a line. The Chairman advised that the Council has asked the Board to look into the matter of future annexation and the establishment of a westerly boundary limit. What Mr. Mauti was saying was that the Board should start at some point. "Do we want to establish one?", asked Chairman Ryder. .- 42- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Norem moved that no boundary be set for a western limit. Mr. Wandelt seconded the motion. Mr. Norem -~f.e~t~ that by setting a boundary right no~', they would be cutting off the future decisions that could be made (bringing things up) ten years from now~that we are not even aware of now. He asked the Board to please look back at it, if this were done 10 or 15 years ago, and note if a boundary were set, what problems the City would have today living with that. Secondly, he thought that it had already been pointed out by State Statute that they cannot set a boundary. There was no issue in Mr. Norem's opinion, He said that the Board was voting on something they don,t really have any power to vote on. If a boundary were set, whether or not it was set, if the Board took a straw ballot on it, it would only add to confusion and why waste the taxpayers'money on something that would not help one way or the other. Chairman Ryder said if the Board established a boundary, it would be misleading, because the City does go further and can't help but go further. That was why Chairman Ryder thought it was not realistic to set a boundary. Although Mr. Hester was not at the meeting yesterday.~ from what he read a boundary cannot be set according to State Statutes. He could not see the reason for discussing this in too much detail. He asked, "Why establish a line when you can't basically live by it unless the Legislature changes?" chairman Ryder pointed out that the City Attorney said the City can't stop them from petitioning for annexation. But, on the other hand if the City does not feel that it is not in the interest of the Cit~, they do not have to accept it. Mr. Mauti asked why the City Council has asked the Board to draw the line. Mr. Annunziato replied that the issue involved a straw ballot, which would be non-binding on the City 'Council or the City's future City Council. It is an expression of - 43 ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 public sentiment. Mr. Mauti pointed out that perhaps the City Council could call for a straw.ballot on its own. Chairman Ryder said that~of course~they can~ Mr~ Winter stated, "If they are not within the City limits, we have no control over the density. The County's density is far, far higher than ours is." Chairman Ryder noted that could be. He thought that in recent instances of annexation, we have experienced that where their densities were higher than ours. With no further discussion, a vote was taken on the motion not to recommend the establishment of a western boundary line. Motion carried 5-2. Mr. Winter and Mr. Mauti ~ v~%'ed'against~he motion. PRELIMINARY PLAT PROJECT NA~: AGENT: OWNER: LOCATION: DESCRIPTION: South Palm Beach Industrial Park Michael Schorah, P.E. Industrial Associates, Inc. High Ridge Road at Miner Road Extended 24 Lot Industrial Subdivision; Infrastructure Improvements Mr. Annunziato advised the Board that the master plan had been approved for the construction of this industrial subdivision. For the Board's edification, this indUstrial subdivision is located at the intersection of Miner Road extended and High Ridge Road extended. Mr. Annunziato believed the most interesting thing about this development .is the intended construction of High Ridge Road. He was happy to say that they are now at the point where they have a binding Letter of Credit for the construction of High Ridge Road. Mr. Annunziato further advised that they have approved recordation of 1/4 of the right-of-way and the applicant~is in the process of securing the remaining 3/4 of the required right-of-way. Chairman Ryder stated that this was something that is long overdue. -~ 44 - MINUTES - PLkNNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Annunziato said that the proposed industrial subdivision has 24 lots, and the applicant is ~supposed to service this facility with full sewer and water, which was constructed as part of the regional forced main pumping station extehsion of the .Congress Avenue corridor. This~subdivision will be served with a gravity sewer system and a lift station which will be shared in coSt .and ~apacity with ~he property ~s to the north. ~ There will be looped, water systems and fire public. Drainage will be contained'on sight, provided. Mr. Annunziato read a memo from the City Engineer: "1. The azea shOuld be added to the dedication. The right of way dedications with book and page numbers as recorded in the County Clerk's office should be shown for High Ridge Road and access roadway. The subgrade for the 60 ft. rights of way are to be stabilized to 50 psi, Florida Bearing Value. 4. P.R.M. ~nd P.C.P. legend should be shown correctly on plat. 5. Cc~sideration should be given to the saving of trees within the High Ridge Road right of way. Most of the trees within the right of way will have to be removed. Trees not affected by grading operations should be saved. A copy of the ~ater Management District pezmit is attached. /s/ Tom Clark Tcm Clark City Engineer" Mr. Michael B. Schorah, P.E., of Michael B. Schorah & Associates, Inc., Suite 205, 1850 Forest Hill Boulevard, West Palm Beach, Florida 33406, came before the Board. He stated that his home address is 715 S.W. 27 Place, Boynton Beach, Florida. Mr. Mauti asked if the applicant understood and approved of the staff comments. Mr. Schorah replied, "Yes I do. I understand. I had a talk with Mr. Clark Friday at this meeting .and, also~ Mr. Vance called me this afternoon and said that he was in a position now that he wanted to be in with regard to the letter of credit and the road documents for High Ridge Road and also the road going here. I wasn't too clear about - 45 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, '1983 the road going into the property of High Ridge, into our property but those easements have been held in escrow for a couple of years to my knowledge. It is just a matter of putting them into a format that is acceptable to the City Attorney. I believe he is doing that right now." Mr. Annunziato announced that the easement between High Ridge Road Subdivision proper will be converted to a public right- of-way. As Mr. Schorah discussed with Mr. Clark the maintenance of any trees within the High Ridge Road 80~ right-of-way, he wanted further clarification on whether it is going to be a requirement. He said he is constructing 24' of pavement and a 8' bicycle path. He did not know if the City had a Code that allows trees to be within the right-of-way and said that the County does and has modified its tree ordinance to allow trees within, he thought, 11' Of the edge of the pavement. From a policy point of view, Mr. Annunziato announced that they had no objection to maintaining trees in the public's rights-of-ways as-long as they are not a traffic hazard. Mr. ~nunziato elaborated on this and said that where trees can be saved, trafficwise and otherwise, it was recommended. If a tree creates a traffic, hazard, then there is no question that it should be removed. Mr. Mauti moved, that the Board accept the preliminary plat of South Palm Beach Industrial Park, 24 Lot Industrial Subdivision, infrastructure improvements, subject to staff comments. Mr. Hester seconded the motion. With no further discussion, the motion carried 7-0. PRELIMINARY PLAT PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION': Eastgate at Hunters~ Run Conrad Schaefer, P.E. Charles Gilbert, Architect Sunsuit Associates, Ltd, 1800 + feet West of Congress Avenue on North side of Summit Drive Boundary and Tract Plat for Condominium Infrastructure Improvements - 46 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Cannon advised that this Preliminary Plat comes to the Planning and Zoning Board with a-positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon referred to the overlay and told the Members of the Board that the preliminary plat consisted of 8 Tracts,Tract 1 is a road. Tract 2 ~' is the periphery where the housing is going to be. Tract 3 also contains housing. Tracts 4, 5, 6, 7, and 8 are lakes and, in addition there are these usual utilities and drainage easements criscrossing the plat. Mr. Cannon further stated that the only comments are from the City Engineer and his memo reads as follows: "1. Easements should be shown with bearings and lengths. ¸2. Tract numbering system could be very confusing if tracts ~re to be sold. I recc~mend a numbering system that would not include tracts divided by other tracts o The parking lots Shou~d~ Ibe extended at ends to accommodate the cars in the end parking spaces. /s/ Tc~ Clark Tern Clark City Engineer" Mr. Mauti asked if the site plan was at the meeting. Mr. Cannon replied that the site plan would immediately follow the approval of the preliminary plat and that it is the next item on the agenda. Mr. Mauti asked Mr. Annunziato if he thought the Board should address that at the next showing of the plats. Mr. Annu~ziato replied that was the platted document before them. For the Board's edification, Mr. Annunziato advised that Tract is the first development tract that you come across as you enter Hunters'Run at the south entrance on the north sidE of Southern Boulevard. Mr. Annunziato explained the proposal in detail. P Mr. Annunziato further stated that this is a typical Hunters' Run multi-family plat document except that the density is - 47 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 in the nature of, Mr.. Annunziato believed, 2½ units per acre even thought it is in a multi-family mode, Staff comments are minimal. The site plan can~be addressed following this presentation. Mr. Charles N. Gilbert, 3500 Clubhouse Lane, Boynton Beach, Florida 33435, came before the Board. Mr. Gilbert questioned Item 3 of the memo from the City Engineer and said he was not acquainted with it. This was explained to Mr. Gilbert. For the Board's edification, Mr. Annunziato elaborated on what the City Engineering Department was suggesting~that where they have~adead end parking stall or bay with parking on both sides, the last parking space adjacent to the de~dSend has difficulty backing out. There is no pavement. Mr. Gilbert was asked, if he understood it. He said he did but was not sure that it was necessary. He stated that he had no objection to the other two engineering comments. He had no further comments. Mrs. Bond moved to accept the preliminary plat of Eastgate of Hunters' Run, suDject to staff comments. Mr. Mauti seconded the motion. Motion carried 7~0. PRELIMINARY PLAT PROJECT N.A~4E: AGENT: OWNER: LOCATION: DESCRIPTION: Eastgate at Hunters~ Run Charles Gilbert, Architect Summit AssOciates, Inc. 1800 + feet West of Congress Avenue on No~th side of Summit Drive Phase I & II of Eastgate Condominium consisting of 122 units on 44.76 acres plus pool and community building, Mr. Annunziato oriented the Members of the Board to the direction of the plat. Mr. Cannon said that this site plan comes to the PLanning - 48- MI~UTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 19~3 and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. As Mr. Annunziato said, Mr. Cannon remarked this was approximately 1/2 of the preliminary plat which the Soard just approved. He showed the Board the location of the multi-family condominium units. They are anywhere from two to four units in each building surrounding a loop road. He showed the lakes and the community building as well as the pool.. Mr. Cannon said there was a total of 122 units on the site and the previous dimension was a fairly low density of about 2.6 units per acre. He stated that the buildings are all two story with a maximUm height of 30 feet. Staff comments from the Police Department are as follows: "~ject to the Installation of Stop Signs at Roadway Intersections." Staff comments from the Planning Department are as follows: "Subject to Cc~pliance with Parking Lot Code'." Mr. Cannon said the Planning Department's comment refers specifically to indicating double~iping i~'curb Stops. Staff comments from the Urban Forester are as follows: "Subject to memo: This memo is in reference to the Tree Survey for the above mentioned site plan. The landscape plan should show which of the existing OAK TREES will be left (preserved) and which if any will be removed as part of the development plan. This can be noted on the landscape plan which has been submitted. /s/ Kevin Ha~.lahan Kevin Hallahan Urban Forester" Mr. Winter asked Mr..Annunziato why they need curb stops in a development like this. Mr. Annunziato answered that the - 49 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 ordinance requires it. Mr. Winter asked if all the curb stop was doing was stopping cars from hitting the grass. Mr. Annunziato told him that was right. Mr. Gilbert stated that they have never used double striping and he asked why they should start using it now. Mr. Annunziato explained that the City has an ordinance now that requires it. Mr. Gilbert asked if that ordinance did not exclude residential. Mr. Annunziato answered, "No." Mr. Gilbert wanted to know if it should~and Mr. Annunziato told him, "Not necessarily." Mr. Gilbert thought it would be most desirable in commercial but not necessarily in reSidential. "It is desirable where you have the reduced parking stall module. Now I know at Hunters' Run you haven't gone to 9' parking stalls", stated Mr. Annunziato. Mr. Gilbert said they have always had them at Hunters~ .Run. Mr. Annunziato stated that was all the more reason why they should have double line striping. Mr. Gilbert said okay but he thought it was debatable. He stated that if the ordinance said so, then he would have to do it. Mr. Annunziato called attention to the Urban Forester's memorandum. He said~he wanted to make an informational comment for the applicant. Mr. Annunziato stated that in the past the Community Appearance Board has had trouble interpreting the landscaping plans~which showed existing trees being on site and not remaining as a result of construction or not showing on the site but remaining afterwards, All Mr. Annunziato was asking is that the landscaping plan be put in sync with the actual number of trees which are going to remain on site and that those be shown on the landscape plan, Mr. Mauti moved that the Board approve the Site Plan at Hunters' Run, Phase I & II of Eastgate Condominium, subject to staff comments. Mrs. Bond seconded the motion. Motion carried 7-0. ADJOURNMENT There being no further business to come before the meeting, the meeting~was properly adjourned at 10:48 P.M. Re~~.t~ul_~__~tted, R~,~ording ~retary ( (Four T~Pe s ) - 50 - ~ ~MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA ' J. STEPHEN RYAN ASSOC. ARCHITECTS INC.. DATE: December 29, 1982 PROJECT: "The Crossi,ngs of Boynton Beach'!, P~U.D. DEVELOPER: S.P.H.fAssociate~ Florida Partners ~ 1700 N.W. 2nd Avenue . . ~ De I ray Beach, F I bri da 33444 . Phone: (305) 272-7240 Request for Zoning to P.U.D. with L.U.I.' ratin.q of 4.0 Architect's Calculation of FAR, OSR, LSR and RSR FEBRUARY 8, 1983 A. Basic site data 2. 3. 4. bo Total site area -- 1,324,224 sq. ft. or 100% (30.4 acres) Total dwelling units proposed =..2.80_ Density proposed = 9.21 dwelling units-per acre B. reakdown of .dwelling units proposed a. Total 35 buildings each with 8 dwelling units and each 2 s:fories b. Nine (9) bui Idings with 8 D.U. each of 750 sq. ft. gross living area (GLA) each or 3,000 sq. ft. per fJoor (ground coverage) and 6,000 sq. ft. G.L.A. per building. c. Twenty-six (26) buildings.with 8 D.U.'s each of 934 sq. ft. G.L.A. each or 3,736 sq. ft. per floor (ground coverage area) and 7,472 sq. ft. G.L.A. per building Tabulation of Site Area Ratios a. Total ground coverage of residential buildings = (3000 sq. ft. x 9) plus (3736 sq. ft. x 26) =-124~136 sq. ft. or 9.37% of site '" Total floor area of residential buildings = (6000 sq. ft. x 9) plus (7472 sq. ft. x 26) = 248~272 sq. ft. Area of recreation bui. lding (one story) = 1680 sq. ft. Total ground coverage of all buildings = 124,136 sq. ft. + 1680 sq. ft. = 125,816 sq. ft. or 9.50% of site Total Floor Area = area of residential bui-ldings plus recreation building A 248,272 sq. 'ft. + 1680 sq. ft. =.249~952 sq. ft. "Floor Area Ratio" (FAR) = Total Floor Area ~, Total Site Area = 249,952 sq. ft..'- 1,324 224 sq. ft. = 0.18875 "Open Space" (total Site area leks total building ground coverage) = 1,324,224 sq. ft. = 125,816 sq. ft. = 1,198,408 sq. ft. "Open Space Ratio" (OSR) = total open space e total floor area = I,I98,408 sq. ft. -: 249,952 sq. ft. = 4.7946 "Living Space" ("Open Space" less area of paved roads, parking lots, etc.). = 1,198,408..sq. ft. - 149,637 sq. ft, = 1,048,771 .sq. ft. "Living Space Ratio" (LSR) = total living space +.total floor area = 1,048,771 sq. ft. e 249,952 sq. ft. = 4.1959 (See Pg. 16 Minutes) .Addendum - 51 - ]5OO ~4~f Cy~ C~ r~d/Su~ 412/ I% Laud~l~. FI 33309/305-772-1553 MINUTES - PLANNING AND ZONING BOARD FEBRUARY 8, 1983 Request for zoning to P.U.D. ~;ith-L.U.I. rating of 4.0 }=age 2 ho "Recreation Space" ("Living Space" less area of "Living Space" not countable as "Recreation Space") = 1,048,771 sq. ft. = 1,003,747.sq. ft. = 45,024 sq. ft. "Recreation Space Ratio"'(RSR) = total recreation space ~ total floor area = 45,024 sq. ft. ~ 249,952 sq. ft. = 0.1801 6. Summa ry "Land Use Intensity"~ (LUI) rating for the above ratios.: a. FAR of 0.18875 = LUI of 3.9 b. OSR of 4. 7946 = LUI of 3.7 c. LSR of 4. 1959 =-~LUI of 3~4 d. RSR of 0.1801 = LUI.of 4.0 eo Therefore, actual average LUI = 3.75 Recreation area shown on site plan is for swimming pool and tennis. court facility open space only. Total recreation area shown above includes 8'-0" wide bike path around parimeter of entire site and "mini park" located in the southeast corner of the site area taken from ca culations performed by "Olsak and Associates", West Palm Beach, Florida. Areas shown above for site'area, pavement area and countable recreation END (.See Page 16 Minutes) Addenda, FEBRUARY 8, 1983 Chairman & Members Planning and Zoning Board Carmen S. Annunziato City Planner FILE ~,U EIJ ECT Feb. 2, 1983 Required Parking for Sunshine Square Shopping Center Modified Site Plan Under Section ll.i(H) of the Zoning Regulations, the number of required parking spaces for the Sunshine Square Shopping Center comes out to 455 parking spaces for the stores on the site plus 168 spaces for theater, for a total of 623 required parking spaces for the entire site. The existing site provides 560 spaces. This shortfall of 63 parking spaces, in effect, causes the site to be nonconforming with respect to the Zoning Regulations.. On the current site plan modification, the applicant is proposing to demolish and reconstruct the existing bank on the northeast corner of the site, adding 910 square feet to the site. Under Section ll.i(E) of the Zoning Regulations, it is stated that "a nonconforming structure or building may be maintained and repaired, but it shall not be added to or altered in a fashion so as to increase the extent to which the structure or build- ing is in violation of applicable regulations. A noncon- forming · structure or building.m~y be added to. or altered if such alteration or addition does not in itself con- stitute a further violation of existing regulations." It is the opinion the Planning Dept. that, with the existing 560 spaces, no additional floor area could be legally constructed on the site. However, as part of the reconstruction of the bank, 9 additional parking spaces are being provided. These nine additional spaces are more than enough to meet the 'required parking for the bank expansion. Thus, the bank expansion does not increase the degree of non-conformity of the site and so would be legal under the Zoning Regulations. A shortfall of 54 parking spaces would.remain, however. Under Section 11 (H) (13) of the Zoning Regulations, the applicant could request the City Council to approve joint allocation of required parking spaces "if quantitative evidence is provided showing that parking demand for the different uses would occur on different days of the 'week or at different hours." To date, the~applicant has not provided satisfactory evidence to the Technical Review Board, and so at this time, the TRB is recommending that only the Bank and the 9 additional parking spaces be approved, and that approval of the remainder of the site not be granted until the applicant provides satisfactory justification for joint allocation of the 569 parking spaces on site. (.See~e~2d3~Minutes) - 53 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 To: Chairman & Members Planning and Zoning Board Page 2 of 2 The Planning Dept. also recommends that additional sign~ be placed at the main entrance off of Woolbright Rd. There needs to be a stop sign for traffic turning left from the in- terior aisle into the main entrance drive, and "one way" signs at the two aisles immediately across from the entrance drive. This will hopefully direct traffic and thus relieve congestion at this entrance. CSA:mpc CC: -City Manager TRBMembers' Central File Carmen S. City Planner (See Pg 23 Minutes) Addendu~ - 54- MINUTES - PLANNING AND' ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8~ 1983 i -Kimley. Horn and Associates, Inc. 5800 Corporate Way, West Palm Beach, Fla. 33407 · (305) 683-5500~ Raleigh, West Palm Beach, Tarnaa~ Orlando. Knoxville, Dallas February 7, 1983 Mr. Carmen-Annunziato City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, Florida 33435 RE- Sunshine Square Shopping Center Parking Dear Mr. Annunziato: As requested by the City, we have undertaken an evaluation of the parking demand for the shopping center. Prior to making parking count observations at the center, we reviewed the time periods of peak parking demands for the various types of uses in the center to determine when peak parking demands would be anticipated. Since Publix is the major tenant of the center, peak parking demands of the center should be associated with peak parking demands for Publix. A review of parking and traffic study data for other Publix stores in South Florida indicates that peak parking demands occur generally between 12:00 noon and 1:00 P.M. and between 4:30 and 5:30 P.M. on weekdays. Weekend operations for Publix stores are confined to Saturdays with peak demands occuring generally between 12:00 noon and 3:00 P.M. The general office uses in the center peak parking demands should occur in the afternoon between 12:00 noon and 5:00 P.M. The restuarant's peak parking demand is between 12:00 noon and 1:00 P.M. then again between 6:00 P.M. and 9:00 P.M. The cinema at Sunshine Square is only open at night during weekdays but does open on Saturdays for a 2:00 P.M. movie. 'The bank at the shopping center has lobby hours of 9:00 A.M. to 3:00 P.M. Monday through Thrusday and from 9:00 A.M. to 6:00 P.M. on Fridays. The Fountains peak parking demand should occur during the afternoon hours and after 6:00 P.M. to closing. Considering all of the above factors, the time periods were selected for parking count observation. ( Se~d~g~4umMinutes ) -55- M~NUTES - PLANNING AND ZONING' BOARD B©YNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Carmen'Annunziato February 7, 1983 Page Two The selected time periods and the parked cars observed at the center during each time period are as follows: Time Period and Date Parked Cars Observed Thursday, February 3, 1983. 12:30 P.M. 5:00 P.M. 290 239 Friday, February 4, 1983 12:30 P.M. 305. 5:00 P.M. 217 Saturday, February 5, 1983 2:00 P.M. 349 As can be seen from the observed parking counts at the center, the supply of 569 parking spaces is adequate tO meet the basic demand of the center. The only time when parking demands could m6et or possibly exceed the available supply of parking is during the Christmas shopping season or during special sales or promotions for the entire center. In a study undertaken by the Urban Land Institute in 1981, the re- commended parking requirements for shopping centers of less than 400,000 square feet is 4.0 spaces per 1000 square feet (1.0 spaces per 250 square feet) of gross leasable area for the entire center plus 3.0 additional pa~king spaces for each 100 cinema seats for cinemas occupying up to lO percent of the total center in a center the size of Sunshine Square. Based upon these criteria, the parking supply required for Sunshine Square would be computed in the following manner: Total Gross Leasable Floor Area 1000 Ft2 X4.0- 100,375 X 4.0 = 401.5 spaces 1000 ~ Cinema Seats~x 3~0 = 672 lO0 Seats 100 X 3.0 = 20..16 spaces Total 421.66 spaces or 422.00 spaces See Pq 24 Minutes.) Addendum - 56 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 8, 1983 Mr. Carmen-Annunziato February 7, 1983 Page Two Based upon this computation, the 569 spaces provided at Shunshine Square more than exceeds the supply recommended by the Urban Land Institute. Consequently, we can conclude that a parking supply of 569 spaces at the Sunshine Square Shopping Center is adequate for the 100,375 square feet of uses which presently exist at the center. If you have any questions, please do not hesitate to call. Very truly yours, KIMLEY-HORN AND ASS~IATES, INc. --A;sep~e. Pollock, Jr., P~ &Alice President JBP:dls cc: Mr. Ron Linkous (See Pq 24 Minutes) Addendum - 57-