Loading...
Minutes 01-11-83M~NUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 11, 1983 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Douglas Sussman, Alternate Peter L. Cheney, City Manager Tim Cannon, Assistant City Planner ABSENT Stormet Norem, Alternate (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. He started the meeting off on a sad note by announcing that the two year old daughter of Carmen Annunziato, City Planner, was suddenly stricken over the weekend and died, so Mr. Annunziato was not with the Board tonight. Chairman Ryder extended an expression of sympathy and condolence from-the Board to Mr. and Mrs. Annunziato. Chairman Ryder introduced the Members of the Board, City Manager Cheney, the Assistant City Planner, and the Recording Secretary. He acknowledged the presence of Councilman Joe deLong in the audience. MINUTES OF DECEMBER 14, 1982 Chairman Ryder expressed that Virginia Jackson, Recording Secre- tary that covered the above meeting, did a good job. However, he made the following corrections: On page 7, the last paragraph, where it reads: "Chairman Ryder told Mr. Green hewould have a curb there but possiblytheir use would beminimized · .", Chairman Ryder advised that after the word "curb" should come the word "cut" On page 41, the third paragraph, Chairman Reid should be changed to Chairman Ryder, and also on page 45, Chairman Reid should be corrected to show Chairman Ryder. Mrs. Bond moved that the minutes of the December 14, 1982 meeting be approved as corrected, seconded by Mr. Hester. Motion carried 7-0. ANNOUNCEMENTS The Recording Secretary asked about Stormet Norem, Alterna~e Member. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder had not heard from him, City Manager Cheney reported that they knew there would be a quorum tonight, and Mr. Norem was speaking to a Countywide meeting this evening and indicated he would not be here. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS: 7:30 P. M. Chairman Ryder announced that they would have six public hearings which, ,apparently, would take some time. He noted that the input which they had from the City Planning Department was quite extensive and was an indication of the work that they have to do to get to the point where the Board has their meeting. Chairman Ryder thought they really did a commendable job. Of course, he said there was nothing unusual about that. Chairman Ryder informed the audience that under public hearing, public notices are placed in newspapers and people in the immediate vicinity in each instance are notified so that they may appear and address the Board if they so wish. He said this would be true for all of the items on public hearings, and the Board was prepared to hear those in favor of these requests and those who may be in oppositIon. PARKING LOT VARIANCE REQUEST (1) Project Name: Agent: Owner: Location: Description: Curt G. Joa, Inc., Modified Site Development Plans Judith L. Kelly Curt G. Joa, Inc. High Ridge Rd., Boynton Beach, Fl. Relief from Sect. 5-141(e), Parking Lot Ordinance concerned with drainage requirements Chamrman Ryder informed Members of the Board that this affects the recent Parking Lot Ordinance under which this Board makes the final decision in contrast %o their normal posiqion, which is to make recommendations to the City Council. $~bsequently~ the City Council makes the final disposition. In this case, the Board's approval would be final, Chairman Ryder advised. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Tim Cannon, Assistant City Planner, showed a transparency of the site plan and said the parking lot variance was reviewed by the Technical Review Board and comes to the Planning and Zoning Board with a positive recommendatiOn for approval. Mr. Cannon stated that he was going to review the modified site plan which the applicant submitted with their request for a parking iot variance, specifically for the drainage. He said the site plan would be reviewed by the Planning and Zoning Board later and calls for the addition of a 4,200 square foot office to their existing manu- facturing plant. Mr. Cannon pointed out the Boynton Canal, High Ridge Road, and Interstate 95. He said the applicant is also, as a part of its modified site plan, adding some parking spaces in the northeastern part of the property. Mr. Cannon continued by saying the appli- cant's request for a variance to the parking lot regulations is due to the fact that they are not bringing the on site drainage up to Code. The remainder of the site is bringing up to Code with respect to stripingt curb stops, landscaping, lighting, and all other provisions of the Parking Lot Ordinance. However, the applicant felt that it would be unreasonable to regrade the entire site, including the grading and paving, to comply with the current on-site storm water retention requirements, which is a minimum of three inches in one hour. Mr. Cannon informed the Board that the Technical Review Board reviewed the variance request and recommended approval of the variance based on the following findings: '1. The new construction proposed will co~ply with current drainage requirements. 2. The applicant has con~01ied with the remaining Parking Lot Code requirements. 3. Where storm water exits the site, it does so by sheet flow into pervious areas. 4. There is no history of negative impact onto the receiving properties (C-16 Canal and S.C.L.R.R.)." Surrounding the site, Mr. Cannon said there is largely undeveloped land. He indicated the location of a railroad right-of-way, Boynton Canal on the south, and said the remainder of the properties are either a swale along High Ridge Road or some development in the north. Mr. Cannon clarified that S.C.L.R.R. meant the railroad right,of-' way. In other words, he said there is no history of nuisance flood- ing in this area. Consequently, the Technical Review Board recommended that the applicant be granted relief from paragraph (e), Sect. 5-141, Park- ing Lot Ordinance. Judith L. Kelly, Architect, 3030 South Dixie Highway, West Palm - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Beach, thought Mr. Cannon did a marvelous job and said anything they would say. Chairman Ryder questioned whether this particular enterprise would involve much public movement in this area. He thought it was primarily people doing business directly or vendors and so on. Ms. Kelly, Architect, did not think it generated much traffic other than employees. Chairman Ryder remembered visiting the plant, and that was his impression. Ms. Kelly called attention to their other request, which Chairman Ryder said was a site plan review. He explained that the Board was obliged to hear the public hearings first. That was not what Ms. Kelly had in mind. According to the City Code, Ms. Kelly said they have to put in a sidewalk all along the front of the property. She asked the Board to consider letting them cut it just about at the entrance because they did not think anybody would ever walk to that end, to the canal. Ms. Kelly said they would like to put in the sidewalk to a point she indicated, which would be the entrance to the plant. Chairman Ryder asked, "From'where to where?" Ms. Kelly answered, "From the beginning of the property to the entrance." 'Chairman Ryder questioned if she was talking beyond their frontage. Ms. Kelly answered, "Yes, and we would like to skip the other part if the Board would agree with us." Ms. Kelly emphasized that they really did not think any pedestrian traffic would happen there. She pointed out that it was a deadend street and she indicated the canal. Chairman Ryder said the Board was obliged to require sidewalks for complete frontage. Possibly, it would have to be in the form of a variance. He asked Mr. Cannon what he thought. Mr. Cannon, Assistant City Planner, advised that the public hearing was strictly for the drainage requirement right now. He said the sidewalks should be addressed when the site plan is reviewed. Mr. Linkous asked if it was addressed at the Technical Review Board. Ms. Kelly answered that it was verbally, but they know how to handle it. She added that there was no form or anything like that. Mr. Cannon advised that it was a requirement of the Code, and the Planning Department did not feel that they could make any promises. Chairman Ryder commented that it was quite possible that it was out of the Board's province too, because it is required in the Code. He said the matter of the site plan would come up in awhile. Chairman Ryder asked if anybody else wished to speak in favor of the request. There was no response. He asked if anyone wished to speak in opposition. There was no response. THE PUBLIC HEARING WAS CLOSED. - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Linkous moved to grant the parking lot variance as requested, seconded by Mrs. Bond. Motion carried 7-0. (2) Project Name: Agent: Owner: Location: Description: Sunshine Square Shopping Center Itamar J. Goldenholz Ron Linkous 1625 South Federal Highway, BOynton Beach, Fl. Relief from Sections 5-141 (G) (6) & (G) (8), Parking Lot Ordinance concerned with major driveway lengths and number of driveways respectively Chairman Ryder asked Mr. Linkous what he wanted to do about this. Mr. Linkous understood it was postponed, as it was the request by Bert Keehr, Deputy Building Official and Bud Howell, Building Officfal. Mr. Cannon did not have any memorandum. Chairman Ryder had a copy of the letter but said it was not clear as to when they wanted to reappear. Mr. Linkous believed at the next meeting. Chairman Ryder questioned whether that was Mr. Linkous' intent. Mr. Linkous answered, "Yes, because Mr. Goldenholz was supposed to have made the presentation. He was informed that it had been postponed.' City Manager Cheney pointed out that the minutes should show that the representative is asking that it be postponed, and the Board should take an action to postpone it officially. Mr~ Linkous was of the understanding that it had to be postponed because there was not sufficient time. Mr. Cannon advised that just yesterday, they received an application for an additional variance. He said he would not give it any kind of letter or notice yet, but the variance they were requesting tonight was supposed to be postponed. Upon the request of the applicant, Mr. Hester moved to defer the matter, seconded by Mr. Wandelt. The motion carried 7-0. REZONING Applicant: Request: Location: Proposed Use: Royal Petroleum, Inc. Rezone from C~2 (Neighborhood Commercial) to C-3 (Community Commercial) 645 N. W. 2nd Ave., BoYnton Beach, Fla. Continuation and expansion of existing auto- mobile service station Legal Description: Laurel Hills - Lot 2 Chairman Ryder reminded the Members of the-Board that they were now in the area of rezoning, in which their considerations are formulated as recommendations to the City Council. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 As the Members of the Board would see from the plan, Chairman Ryder said this is on 2nd Avenue, just west of the overpass between 7th Street and West Industrial Avenue. Tim Cannon, Assistant City Planner, informed the Board Members that the applicant for this rezoning is requesting a lot on N. W. 2nd Avenue between N. W. 7th Street and West Industrial Avenue be rezoned from a C-2 (Neighborhood Commercial) to C-3 (Community Commercial), Presently, this lot contains an automobile service station. The reason the applicant wishes to have the property rezoned is that in a C-2 district, a service station is not a permitted use. Mr. Cannon informed the BOard Members that this is a grandfathered use. Under our Zoning Code, since it is a non-conforming use, Mr. Cannon advised they would not be allowed to expand. The applicant wishes to expand the gasoline storage tanks on the property. For that reason, Mr, Cannon said the applicant is seeking a rezoning to C-3 where service stations are a permitted use. Mr. Cannon pointed out the surrounding land uses. TO the north of the property is Laurel Hills Subdivision~ which is single family residential. To the east~and"northeast~ the land. is.developed~.p~imarily for industrial warehoUses and auto repairs. Further to the east is the Seaboard Airline Railway and the Interstatehighway. Across the street, to the south, Mr. Cannon said there are some vacant parcels and then there are several small commercial establishments. He indicated the location of a convenience store, another service station, and a garden shop. Immediately to the west, Mr. Cannon said there are several professional offices and a number of vacant lots mmmediately along N. W. 2nd Avenue. As he stated, Mr. Cannon repeated that the property in question is zoned C-2, and the entire district, which is an all ~neighborhood commercial district zoning pretty much follows the land use Of residential to the north, manufacturing to the northeast, residential zoning and single family to the south, and residential further to the west. With respect to the Comprehensive Plan, Mr. Cannon said the following ComprehenSive Plan Policies are relevant to this rezoning request: "1. Eliminate existing and potential land use conflicts] 2. Provide a suitable living environment in all neighborhoods. 3. Enoourage the development of commercial land uses where accessibility is greatest and where impacts to residential uses are minimized." 4. Mr. Cannon said "4" was a lengthy quote which states briefly that when the mall opens up out west, there ms going to be an increased demand for commercial land on these arterial routes leading to the mall. For that reason, once the mall opens, this land probably will develop very rapidly for the most intense allowable use. Mr. Cannon called attention to the fact that was very relevant to this rezoning request. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 In the Planning Department's report, Mr. Cannon said they also included what the purpose and intent of the C~2 and C-3 districts are. He told the Members of the Board that the Comprehensive Plan does not distinguish between C-2 and C-3. They are both shown as "Local Retail", so consequently Mr. Cannon said they have to resort to the intent and purpose of zoning districts as set forth in the Zoning Code. Mr. Cannon read from page 2 of the Planning Department's report, as follows: 'B. C-2 NEIGHBORHOOD GOM~RCIAL DISTRICt. These district regulations will provide a limited number of small con~ercial facilities of a. retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geo- center or other planned nucleus of the neighborhood, conforming to the general development plan." Generally, Mr. Cannon continued, the C-2r for example, allows personal services, banks, restaurants, convenience stores such as drug stores, hardware stores, and small food stores. By comparison, Mr. Cannon read further from page 2: ".C. C-3 GON~DNITY ~CIAL. DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accor~nodating three (3) or four (4) neighbor- hoods and located adjacent to at least one major thoreughfare." "The C-3 District includes virtually all con~ercial uses as permitted uses, with the exception of vehicle sales, vehicle repair shops (i.e., heavy repairs, rebuilding, and body work), and wholesale establishments .... ' Mr. Cannon said there four ~major issues they saw in this rezoning: "1. Would rezoning the property in question be an instance of spot zoning? " Mr. Cannon answered that the Planning Department thinks this would be a definite case of spot zoning since rezoning the applicant's property would create a small isolated C-3 parcel entirely for the benefit of that one property owner. "2. Would rezoning the property in question set a precedent for rezoning the remainder of the adjoining C-2 district to C-37" Mr. Cannon said their findings with respect to this issue was that all of the lots which immediately abut on N. W. 2nd Avenue are similarly situated, and it would be very difficUlt to distinguish between what the correct zoning is on this lot and the remainder of these lots. The Planning Department thinks very definitely - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 rezoning this lot to C-3 would set a precedent for rezoning those lots directly on 2nd Avenue also to C-3. The 3rd issue was as follows: "3. Would rezoning the property in question, and the C-2 district generally, have any effects on nearby residential property, and traffic flow on N. W. 2nd Ave.?" Mr. Cannon' said the Planning Department's feelings with respect to these questions was that rezoning the applicant's property would be detrimental to Laurel Hills Subdivision and also to the resi- dential property in the Lake Boynton Estates Subdivision. As Mr. Cannon said, C-3 zoning allows for almost any type of commercial use (motels, large shopping cenners and supermarkets, movie theaters, bars, drive-in restaurants, lumber yards, boat sales as well as four story apartment buildings. Since the height limitation of C-3 is 45 feet, Mr. Cannon said this would mean that it was possible for four story structures to be located anywhere in a C-2 district or on the applicant's property. Mr. Cannon advised that the Planning Department feels that this would definitely be a detriment to the residential property to the north, and to the south since it' is a very narrow district and there is very little buffering between tall structures and the single family homes. Mr. Cannon continued by saying the Planning~ Department also felt that rezoning the property or any other properties in the C-2 district would increase the level of traffic and turning movements on N. W. 2nd Avenue and also some side streets leading off of N. W. 2nd Avenue. Most of ~h~ proper~ciesinthis zone are~.fairlysmall0, and itc an be inferred that there will be a large number of curb cuts, and consequently, Mr. Cannon said there would be a traffic safety problem such as presently exists on Federal Highway. Even if it were developed as C-2, you would have curb cuts.a~ every Commercial eslt~blishment. However, C-3, since it allows more intensive, commercial development and allows you to go up to four stories, would probably generate more traffic and more turning movement than any .kind of development that is allowed in a C-2 district, Mr. Cannon told the Board Members. Consequently, he said the Planning Department thinks that this would create a traffic hazard, especially considering that this is a very steep hill coming down off of the overpass, and traffic speeds are fairly high in this area. The final issue in this rezoning concerned whether a service station is or is not an appropriate use in a C-2 distriCt. In examining the intent of the C-2 district, Mr. Cannon stated that the opinion of the Planning Department is that service stations would not be in conflict with the stated intent of the C-2 district. He read from paragraph 4, page 3 of the report: - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 "Service stationsareunquestionably convenience retail establishments." fact, Mr. Cannon said they would probably tend to draw less traffic to an area than a typical small shop because people generally do not drive in an area just because there is a gas station. They usually, in four lanes, just keep on going. In Mr. Cannon continued by saying the Planning Department did feel that, since "service stations.do cause aesthetic detriment",and (if you could imagine living next to a service station) there would be fairl~y high levels fo~f nois~ glare, litter, and fumes among other nuisances, that if service stations are allowed in C-2 districts, they should be allowed only as a conditional use. Mr. Cannon pointed out that most C-2 districts are fairly narrow commercial districts and do not allow much buffering between a commercial district and a nearby residential development. For this reason, if service stations are allowed at all in a C-2 district, they should be a conditional use so any service station that would locate there would have to have the site plan approved by the Planning and Zoning Board and the City Council, and they could thereby impose any kind of conditions they want, Mr. Cannon advised. Since they did have a case of an existing service station, if the Planning and Zoning Board decides it should be a conditional use in a C-2 district, Mr. Cannon said there should be some clari- fication as to what the status of the service station is (if they want to expand, what do they have to go through to be able to do that). Mr. Cannon advised the Board that the Planning Department recommended that this property not be rezoned from C-2 to C-3. However, they believed that the Planning and Zoning Board should consider whether or not a service station is an appropriate use for a C-2 district. He stated that the Planning Department thinks that it is fairly arguable, and a service station would be an appropriate use for a C-2 district. Mr. Cannon said their recommendation was that it be listed as a conditional use in a C-2 zone. Mr. Lee Starkey, V~e Bre~sident, Adair and Brady, Inc., 1958 South Congress Avenue, West Palm Beach, Florida, came forward to repre- sent the applicant. He complimented Mr. Cannon by saying he did an excellent job. Mr. Starkey informed the Board that they were not here to request a four story building by changing it to C-3, which would allow a four story building. They simply wanted an accommodation that would recognize a twenty year land use situation. Mr. Starkey reminded everyone that the service station has been on that site. It has been used as a service station for twenty years. Mr. Starkey told Members of the Board that they now find that %he owner eanno% even add additional tanks to increase the product which is essential to remain competitive because he cannot get a building permit because he is non-conforming. He said they - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 hear different people saying they can be conforming and they can go on with the business of operating a service station. Chairman Ryder asked if that was the purpose of the expansion and to erase a non-conforming label. Mr. Starkey answered, "Yes sir. Exactly," Chairman Ryder told Mr. Starkey he must understand, however, that although the present owner has no intention of building a building 45 feet, they are not doing thi~ for this particular owner. Chairman Ryder advised they are doing it for this land and from there on in, anything can happen. Mr. Starkey said if they change it to C-3 after this owner, someone could put a four story there. Chairman Ryder agreed and said this was something the Board Members had to keep in mind. He repeated they were not doing it for the particular owner at this time. Mr. Starkey told Members of the Board they would be most receptive to Mr. Cannon's suggestion that the Board find this is a non-conforming but acceptable use under the C-2. If that could be worked out, Mr. Starkey said they would be most receptive to it. Chairman Ryder said they could not do that tonight. He advised that the Board had to act tonight on the applicant's request for rezoning from C-2 to C-3. Going along with the suggestion from the City Planning Department, Chairman Ryder said the Board would be prepared to consider an amendment. Since there are other service stations also non-conforming on 2nd Avenue, Chairman Ryder stated that the Board would be receptive to consider- ing them, whereby the Board could approve a gas station as a conditional use. Mr. Starkey thought, the Board could clearly see that the revisions to the Code clearly do not consider ~this particular situation. He pointed out that they have a small parcel here. It is nestled in among many different uses. Mr. Starkey said they probably would not have a site in proximity to so many different districts in the entire City of Boynton. He commented, that it is certainly there to service a broad number of districts. Chairman Ryder agreed it was a unique district. It borders on an industrial area (backs up on it), but then you have residential homes immediately to the west. He called attention to 'the fact that is a consideration. Mr. Starkey agreed that it certainly is. Chairman Ryder advised that it would be important that the Board not do anything that would seriously impact on that. Mr. Starkey asked Mr. Cannon, Assistant City Planner, how long it will take to achieve this recommendation that C-2 be modified to recognize the service station. Chairman Ryder did not know whether Mr. Cannon could give him a date. He noted Mr. Starkey just mentioned that for twenty years they have been under this situation, so he imagined a few more weeks or a couple of months would not make much difference. Chairman Ryder added that the Board would be amenable to considering that. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Starkey inquired whether this would require an amendment to the Zoning Code. Mr. Cannon replied, "Yes. The Planning and Zoning Board would have to make a finding that service stations could be allowed either as a permitted or conditional use. We're recommend- ing that they be allowed as a conditional use." Mr. Cannon said the Planning and Zoning Board could make a recommendation to the City Council, and the City Council would then have to instruct the Attorney to draw up an Ordinance. Chairman Ryder did not know whether that was the way the Board should go. He thought that the City could at any time propose (and the City Planning Department could propose this) for the Board's consideration. At this time, Chairman Ryder did not think they were prepared .for the Board to say, "Yes, that is the way we would want to go." Chairman Ryder thought the necessary amendment or Ordinance should be prepared and then submitted to the Board and subsequently the Council. City Manager Cheney asked if the Board was prepared to review the issue of an Ordinance. Chairman Ryder answered, "That's it, but not at this time state that this is what we want to do specifically. No." City Manager Cheney advised they will draw up a proposed Ordinance in a Week or so. That was what Chairman Ryder had in mind. Mr. Linkous asked Mr. Starkey if they had enough land to make the.modifications that they desire. Mr. Starkey replied, "Yes." Mr. Wandelt asked, "What is the capacity of the tanks that are in the ground now?" Mr. Starkey did not know the gallons'. Dan Bryant, General Manager, Royal Petroleum, 331 South H Street, Lake Worth, Florida, sitting in the audience, answered, "Four individual 4,000 gallons." Mr. Starkey said they would like to add another product line, which would be diesel fuel, which they cannot offer at this time. Chairman Ryder. determined that they do not have diesel at the present time, and diesel is getting more prevalent. Mr. Starkey agreed. Mr. Wandelt asked if that was their .only concern. Mr. Starkey answered that was the immediate concern and what provided the thrust for them to appear before the Board tonight. He repeated that the station is twenty years old and to make it competitive, they have to think of two things. Certainly, in the not too distant future, Mr. Starkey called attention to the fact that they have to think of replacing the structure itself plus the fact that if something were to happen to that station and it were to burn or be destroyed in some way, under the present Code, they could not replace it. Mr. Starkey said~the Members of the Board could imagine what a burden that place is on a business man. It is a nightmare that he doesn't ~ven-waht to think about. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder thought they had arrived at the way 'out without, in a sense, downgrading the area to the possible detriment of the people in the area. Mr. S~arkey assured him they had no desire to do that, obviously. Mr. Starkey asked if possibly they could have the Ordinance prepared and considered next month, Chairman Ryder did not know whether they could do that. Mr. Mauti clarified that they wer~ trying to.~keri~/~ ~t' ou~.~n~conforming ~se ana pu~iti into a special use ~or COnditional use in C-2~zone. Chairman Ryder added that would apply to every instance. Mr. Starkey told the Members of the Board that under the present Ordinance, the only way they could accomplish that was .to rezone it to C-3. Considering Mr. Cannon's presentation and considering the Board, Mr. Starkey said he would suggest that possibly they could withdraw this petition for at least thirty days or give'a thirty days' postponement. Hopefully, within that thirty days' period, Mr. Starkey said they could offer up a revision to the Zoning Code to allow this use. Mr. Mauti asked Mrs. Starkey if they had the north portion of their property, was it just acquired, or if they had had it.~ Mu. Mauti questioned if they just bought it. Mr. Starkey asked if he was talking about the grassed strip north of them. Right in back of the gas station, Mr. Mauti noticed a little sign there that said, "For Sale." Mr~ Starkey assUred Mr. Mauti it was not for sale by the gas station. He said the grass strip was for planting trees. To the north of that, as Mr. Starkey said they could see on the map, there is approximately 100 feet of C-2 property adjacent to and north of the gas station property. Chairman Ryder asked if Mr. Starkey was asking that the applicant consider withdrawing, which meant this would not go before the Council with the Board's disapproval obviously. He questioned whether that was what Mr. Starkey was asking. Mr. Starkey certainly did not want it to be disapproved. It looked to Chair- man Ryder as though, probably, that was going to happen. If they do disapprove, Chairman Ryder said it would go on to Council. He asked if Mr. Starkey said they preferred to withdraw at this time. With what Mr. Starkey read %o be a disapproVal, he preferred to withdraw at this time for a thirty day period in hopes that he can meet with Mr. Cannon and offer a revision. City Manager advised that the Board could table it. Mr. Bryant, General Manager, Royal Petroleum, advised Members of the Board that they originally~'applied for a~building permit to replace a 4,000 gallon tank with an 8,000 gallon tank. They were informed that they were non-conforming and that if the building burned down, they were essentially out of business. Mr. Bryant told Members of the Board that their intent is to replace the tanks and improve the aesthetics since they are grand- fathered in. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Bryant further said it would never be their intention to put up a four story building because they cannot replace the station with another location since their primary business is selling gasoline. Mr. Mauti asked Mr. Cannon how long he thought it would take to draw up something. City Manager Cheney answered that it Would take at least a month. Chairman Ryder did not want to consider any specific period. Councilman deLong advised that if the Board postpones, they have to set a definite time. He told Members of the BOard if they lay it on the table, they can remove it from the table.at any time. Mr. Mauti moved to table the request~ seconded' by Mr. Wandelt.. vote was taken on the motion, and the motion carried 7-0. A Chairman Ryder noted the presence of Mayor Trauger in the audience. PUBLIC HEARINGS: 7:30 P. M. (Continued) ANNEXATION AND REZONING - STANFORD PARK Applicant: Henry Skokowski for Southern Senior Group Request: Annexation of 1t.29 acre tract of land Location: On the South side of Hypoluxo Rd. approxi- mately 300' West Of the intersection of High Ridge Rd. and Hypoluxo Legal Description: Acreage, land in Section 8 - Township 45 South, Range 43 East Chairman Ryder informed Members of the Board that this was west of High Ridge Road. What is involved here, Chairman Ryder continued, is annexing the northern portion that fronts on Hypoluxo Road. The southern portion currently is within the City limits. Mr. Cannon advised that he would be discussing both the annexation and the master plan simultaneously. He said the annexation involves the 11.29 acre parcel, and he pointed 0ut. the present City limits. Mr. Cannon told the Members of the Board"that the applicant was asking for annexation of that parce'l, ~a-~land .Use~amendment, and re- zoning to a Planned Unit Development. As the southern ten acres of the proposed PUD are already in ~he City, Mr. Cannon-said~the applicant is only asking for rezoning for the Planned dnzu Development of that southern ten acres. So that the Members would be oriented, Mr. Cannon showed that Hypoluxo Road was at the tOp of the map, and he indicated High Ridge Road, the Interstate Highway, and the' High Ridge Country Club. Mr. Cannon informed the Members that the R1AAA zone which surrounds the country club was part of the original development proposal for High Ridge Country Club. It was approved as a - 13- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 master plan; however, Mr. Cannon said it was never platted. Consequently, there is still acreage surrounding the High Ridge Country Club. What the applicant is proposing to develop the property for is a combination convalescent center, an adult congregate living facility and accessory medical offices and pharmacy, Mr. Cannon informed the Board. He said the Planning and Zoning Board had a memo from the City Planner which describes the Planned Unit Development in detail. Mr. Cannon said the memo also contained in it the findings of the Technical Review Board[ Mr. Cannon informed the Members that the Planned Unit Development consists basically of a 120 bed Convalescent~ Center located in the northwestern part of the property. There will also be a 220 unit adult congregate living facility development, and Mr~ Cannon showed Members of the Board the location on the transparency. in~.the~northeastern part of the property, Mr. Cannon said the 10,000 square feet of medical and professional offices would be located. Mr. Cannon in£ormed Members of the Board that Carmen Annunziato, City Planner, had p~epared a memo which basically outlined the existing conditions ~surrounding the property, the City and County Land Use Plans for certain property, and also the physical impact of the development. As far as the existing conditions surrounding the property, Mr. Cannon advised that currently, all of the land on the parcel is undeveloped. To the north and to the east of the d~vetopment is predominantly single family residential. To the south is undeveloped. That is the s~rip surrounding the country club, as Mr. Cannon said before. To the west is High Ridge Country Club. Mr. Cannon told the Members there is both wa~er and sewer in Miner Road, which is south of the property about one mile. There is a 16 inch water main and a 10 inch sewer force main. Mr. Cannon said the water and sewer is sized to be able to meet the requirements of this development. With regard to the Future Land Use Plan and also the City's Planned Unit Development Ordinance, Mr. Cannon said the Boynton Beach Comprehensive Plan recommends the property have a density of 4.82 dwelling units per acre. This would mean low density residential development. All developments in the surrounding area (MeadoWs 300, .Cedar Ridge Estates) are all low density residential developments. The fact that the proposed development for the property is not residential housing but rather a nursing home and an adult congregate living facility, Mr. Cannon said there was some problem as far as determining consistency with the density shown on the Plan (4,82 dwelling units per acre~ In order to make this - 14- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 comparison, the applicant made a comparison between the proposed development and a low density 4.82, which Members of the Board had before them in their memorandum. Mr. Cannon said if the Members would look through that memorandum, in all.categories except traffic, the figures indicate that the impact of the development would not be significantly greater than the impact of a low density residential,development. Mr. Cannon continued by saying ~the traffic impact flow, however, exceeds that for residential by anywhere from 25% to 90~ greater than for low density development (25% according to the applicant and about 90% according to the County Traffic Engineer). For that reason, Mr, Cannon said staff recommends that the pro- posed 16,000 level, which it originally was (the applicant is now proposing the 10,000 square foot medical office be reduced to' 6,000 square feet) be.~reduced in order to bring the traffi~ ~pact down to an'~acceptabl~ level. Mr. Cannon said the Members of the Board also had a letter from the County Planning Department, which discusses the traffic impact. He said the County Planning Department calculated approximately 2,400 vehicle trips a day. Of that 2,400, 1,200 would be generated by the medical property. Mr. ~C~nnon..fUrther said the ~ounty Planning Department continued by saying that the traffic impact east and west of the entrance would be 12,000 average daily trips, which would have a "Significant Impact" on Hypoluxo Road .and would be a Category "A" project requiring significant road improvements. Mr. Cannon read from the letter: "In view of the above factors, it appears that the proposed project would not be consistent with the County's Comprehensive Plan unless the proposed plan is substantially modified and significant road improvements are made to Hypoluxo Road." Also, the County Planning Department noted that with the medical office in this location, the master plan would be in conflict with the County policies with regard to the location of commercial uses. Mr. Cannon pointed out that the County does not show this property as having commercial potential. Mr. Cannon read directly from the letter, as follows: "However, if the office medical complex did not front Hypoluxo Road and was shifted into t he interior to serve the live in patients, the conmercial designation would bemore acceptable to the land use policies of the County. The relocation of the commercial site toward the interior of the proposal would undoubtedly avoid any precedential conmercial zoning along Hypoluxo Road." Mr. ~Cannon said they also included that portion of the Boynton Beach Planned Unit Development regulations. "According to our standards", Mrna. Cannon began and quoted from the Code: - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 "-~n~nercial uses located in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The ~aximum area within a-PUD which n~y be devoted to neighborhood coranercial uses, including required off-street parking requirements, is governed by Table 1, section 4 and section 9C. Areas designated for commercial activities shall not generally front on exterior ' or perimeter streets, and shall be preferably centrally located within the project." Mr. Cannon said the City of Boynton Beach concurs with the County'with respect, to the location and the nature and size of the office and medical building. Chairman Ryder asked if they were going to have both the annex- ation and the rezoning at the same time. Mr. Cannon said he was going to continue. Mr. Cannon told the Members that in the City Planner's Agenda, he addresses three Comprehensive Plan Policies that on all annexations are supposed to be reviewed. The first policy stated: '1. Annex only property which ms reasonably contiguous to present ~unicipal boundaries;" Mr. Cannon advised that there was no problem with that policy. He read the second policy: "2. Annex property only after the preparation of a study e~aluating the fiscal benefits of annexation versus the cost of providing service;;" Mr. Cannon informed the Members of the Board that they sent out departmental review forms to the department heads and came up with a positive cost benefit figure for this site. He said Mr. Annunziato confirmed that the total antiCipated ad valorem tax is $21,397.84, and there was no increase in municipal services that would be created by the development. Mr. Cannon read the third policy: "3. Annex only properties which are of a sufficient size to pro- vide efficient service and on which urban development is anticipated." As he stated before, Mr. Cannon said there is existing water .and and sewer services at Miner Road to service this development. Since this property is adjacent to Hypoluxo Road and near the Interstate, it obviously is in fact an urban development. To sum up the Planning Department's recommendations with respect to annexation , staff recommended that it be approved subject to staff comments. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Cannon stated that this includes the applicant reducing the density of the office building, preferably down to 6,000 square feet, and locating it toward the interior. Mr. Cannon said he was addressing the staff comments for the annexation which would simultaneously go to the annexation of the. master plan since ~they were both considered at the same time by the staff. For the record, Mr. Cannon said the staff comments are as follows: Engineering Dept.: (Tom Clark, City Engineer) "1~. Proposed improvements appear to be consistent with City requirements; however, commitments for improvers within the County rights of way should be made based on the Traffic' Study prior to approval of project for construction. 2. Dedications for ultimate rights of way for Hypoluxo Road should be shown. 3. Proposed utilities are to be consistent with requirements of the Utility Department." Utilities Dept.: (Perry A. Cessna', Director of Utilities) See Memo attached and m~de a part hereof .as page 32. Kevin Hallahan, Urban Forester: See attached Memo, which is hereby made a part hereof as page 33. Henry Skokowski, President, Urban Design Studio, Suite 600, The Concourse, 2000 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409 introduced Russell Scott, Landscape Architect with his firm, and said Mr. Scott would assist him with the graphic presentation. Mr. Skokowski expressed that he was happy to represent the petitioners, who are experts in th~ are~ of design, development, construction, and management of nursing home facilities and life care communities. He said they are presently managing 13 nurs'~mng facilities throughout the State of Florida, and they currently have three additional projects very similar to this in the planning process in the communities of Boca Raton, Planatation, and Winter Park. Mr. SkokoWski referred to an article which appeared in the news- paper on life care communities. There was a reference to "growing older with style." Mr. Skokowski said this is what life care communities are all about. According to one expert, the definition of life care was a community of older adults or residents pooling their assets to provide themselves with the services they need such as medical care, maintenance, hoUsekeeping, meals, and assistance in a variety of ways. In a simpler form, it can be considered college dormitory housing for the elderly. In this case, Mr. Skokowski said they believed with %he site %hey...have available to.~.them, it would be an attractive, country clublike atmosphere. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON'BEACH, FLORIDA JANUARY 11, 1983 Mr. Skokowski felt Tim Cannon, Assistant City Planner, had given the Board a pretty good background on this. He wanted to go through a description of the project as quickly as he could and at the same time comment on some of the comments Mr. Cannon made. Mr. Skokowski said they were very happy to have the support of the Planning Department.and, he believed, the entire staff. Mr. Skokowski said he would be discussing the makeup of their project rather than its annexation into the City or the appropriateness of the PUD zoning on the site. Mr. Skokowski said the site was approximately one-half in the City of Boynton Beach, the other half being in palm Beach County. The site accommodates a convalescent center in its northwest corner, which will provide for 120 beds. There will be a height restriction of no more than two stories on the facility. Mr. Skokowski further informed Members of the BOard that they will provide parking to the extent of 76 spaces in accordance with the City's nursing home provisions (one for every three beds and one for each staff). To the south of that, in the brown, area and in the second brown area to the south (which Mr. Scott indicated), is where Mr. Skokowski said they intend on building the life care center itself (the adult congregate living facility). He said that was connected by an orange area, which represented the community center. Mr. Sk0kowski told the Members that the life care facility itself has 220 living units. The community center in its center, which will link the two ends, provides for 25,000 square feet and will have a common kitchen, dining room, library, lounges, activity rooms, management offices, ~and a transportatiOn center. In terms of the operation of this facility, Mr. SkokOwski made a quick comment on the transportation center. He said it applied to similar ones too'. Mr. Skokowski informed the Board that it will provide two vehicles (one van for 12 passengers and one airport limousine type bus for thirty passengers, which will take residents on shopping trips, medical trips, church trips, field trips, and so on). To the west of the community center is an open area, which Mr. Skokowski said represents a recreational tract as part of a very large open space, area that they will building within. He said there were buffers to the south, buffers to the east, anda controlled gate house entrance at its very center. Mr. Skokowski advised that it will be a manned gate house with full security. The open space program for this facility includes a swimming pool, spa, bath house, shuffleboard facilities, putting greens, garden plots, walking and bicycle trails, outdoor pavilions, landscape buffers, and a lake system. Mr. Skokowski continued by saying the office/medical use is the - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 third use on the site. It is located near the northeast entrance and provides for 10,000 square ~eet of me~ieal office space with a pharmacy as an adjunct facility to the principal use on the site, which is the adult congregate living facility and the nursing home. He said the breakdown of that~approximately is 9,000 square feet for medical offices and perhaps 500 to 1,000 square feet for an annex pharmacy. The program involved here would be one where an exclusive service agreement would be made available to a loCal drug store where that service would be provided exclusively to this development as a principal focus and use of that facility, as well as an ancillary facility to the neighborhood~ Mr. Skok~wski told the Members of the Board. It is not 100~ for this development, but it is principally intended for this development; and it will be, at the same time, available to the surrounding neighborhood as a minor convenience to them. Mr. Skokowski said the adult congregate living facility will have height restrictions of three to four stories maximum. The parking provisions (which they did an analysis on and submitted to the City Planner) shows that %hey can adequately provide for the parking needs 'of this community as far as the adult Congregate living facility is concerned by Providing 1/2 space per dwelling unit (110 spaces). Mr. Skokowski told the Board the residents in the community will be principally female (80% perhaps). In terms of the point in their lifestyle, Mr. SkokOwski said they will be locating here. The travel and transportation needs that they will need will be provided principally by the program and transportation center that they have here as well as other shared use of automobile type Of travel. Mr. Skokowski said they analyzed about 1/2 a dozen other facilities,or at least gathered some information in Tarpon Springs, Orlando, Clearwater, and St. Petersburg. They found that fom the life care center-itself, generally.speaking, ~hree of the slx could identify speciffc ratios~, not including the nursing facility. They had~a ratio~of~about .48 to about .55 cars per living unit. Mr~ Skokowski said they are at .5 and they think they are fairly comfortable in that range. He provided the names of those facilities and said they could be further checked by the City's staff. On the issue of their comparative analysis, ~'Mr. Skokowski stated that they found themselves in a unique circumstance where they were not able to say, "We have 'X' number of dwelling units~ and this is the way we compare with the Land Use Plan that is called for in this area." He advised they have a much more unique project than the Board normally reviews under their PUD provIsions. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Skokowski told the Board they submitted an assessment and an evaluation of lot coverage, school impacts, water and sewer impacts, traffic impacts, and so on. They indicated that in the area of lot coverage, they were substantially less than what they have in a normal, single family community. In the area of. school impact, of course, they had no school impact. In the area of recreation, because of the nature of this facility and its on site programs, Mr. Skokowski advised there would be little or no impact on public facilities as a result of the approval of this property. In the area of police and fire, Mr. SkokowSki stated that they discussed that with the City staff, and conventional services would be augmented on site by a 24 hour staff and seCurity on these facilities and will assist the police services in the City of Boynton Beach today above and beyond the capabilities of standard planning and zoning type of projects. One area that they found that they were in slight excess of a comparative residential impact was in the area of traffic. As a result of this pro~ect, ~Mr. Skokowski said they are proposing 1,670 trips per day versus 1,326 trips per daz,..,~hich would be generated through a standard residential type of impact. They looked at this vehicle impact and because of their participation in the road improvements and expansions of Hypoluxo Road by substantially dedicating additional right-of-way for that thoroughfare and providing for turning lanes not only on site but participating on a pro rata basis a~ the interseCtion of Hypoluxo and High Ridge Road, .which is about 300 feet to the east of them, to provide proper turning lanes there coming in both directions from Hypoluxo,as well as signalization when warrantedby the County Engineering Department, Mr. Skokowski said they felt that those additional improvements would provide above and beyond the existing needs of the roadways in this area as well as the additional impact in this facility. Mr. Skokowski asked the Board to consider their project in the context of the overall comparative analysis and the fact that in many areas they have substantially fewer impacts in the City. This is the only area Mr. Skokowski said they felt they could overcome. Mr~ Skokowski wanted to respond also to the comments of the County Planning Department. He said some of the numbers that they gave the City were based on the applicant's original desire to develop 16,000 square feet of medical office and pharmacy space on this site. Mr. Skokowski thought they gave a figure in Mr. Cannon's report of 1200 trips a day. He said that is not accurate today because they reduced that to 10,000 square feet. That would reduce that impact from about 1200 to about 750 trips a day, so those are not accurate numbers. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Skokowski noted that they commented on commercial development. He did a little area map for Members of the Board, that was to the right of the master plan. Mr. Skokowski pointed out that it showed the Board tha. t they are not in an area that is commercial in character. At the same~time, he.hoped to be able to demonstrate to the Board Members ~hat they do not feel that they are creating a commercial presence on Hypoluxo Road. Mr. Skokowski said they certainly are not asking for commercial zoning. Just as the County permits commercial development within Planned Unit DeveIopments, where they are appropriate, Mr. Skokowski said they were asking for a commercial use which, is obviously related to the principal use on the site and can, to some extent, service the surrounding community but can, at the same time, be planned in an integrated fashion to be internal to the site through its separation from the road and by virtue of the master plan that they developed. · Mr. Skokowski acknowteded, that.~there is commercial to the east, near 1-95; there is commercial to the west of the area where you have a great little'~estaurant called the "Anchor Inn"; and there ms some undeveloped land in that area, which is zoned in the County as commercial land. Mr. Skokowski wanted to show two other graphics. He thought the smaller one would indiCate to the Members what their master plan, in fact, proposes. Mr. Skokowski Said the graphic showed the Board Members the very corner of their site (Hypoluxo Road lymng across the top), and it showed them the separation from the road- way that is a landscape separation. It shows the probable park- mng location that would surround a two story office facility, which would be 5,000 square feet per floor, or a total of 10,000 square feet. Chairman Ryder asked if that was the medical center. Mr. Skokowski replied that would be a single medical office building v~'thfn~a pharmaceutical annex within that facility. Mr. Skokowski hoped the Board could start to get the feeling of the relationship of this facility to Hypoluxo Road. If they could not, Mr. Skokowski said they had taken the time to do a second graphic. Chairman Ryder .asked if this was in answer to the County's comment about not having it f~onting'directly on Hypoluxo Road. Mr. Russell Scott, Landscape Architect, answered, "'Yes sir." As a matter of fact, Mr.' Skokowski hoped the s~taff would confirm wit'h the County that when you have a smaller project (they did not have 50 or 100 acres there) and when it becomes difficult to materialize a commercial facility because of the project that ms smaller, the County has accepted a substantial landscape separation between a principal street and that commercial facility. Mr. Skokowski submitted to the Board that the County has offered to accept 100 feet or less. Going from left to right, Mr. Skokowski said the drawing to scale depicted the relationship that they have - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 to Hyp01uxo Road. He said that was a 24 foot structure (about the height that you get from two stories), and showed a~20 footlandscape separation between that and the parking facility (which is 65 feet and larger than the Code requires), and from that point to the right-of-way of HyPoluxo Road is 150 feet of landscaped area. Mr. Skokowski emphasized that they are totally prepared to commit to a berm system.and a landscaPe system. When you get to the right=of-way, within five feet of..the right- of-way (and it was depicted in the smaller plan but Members could not see it), Mr. Skokowski said it was a wall system~ He stated ~ Six foot Wall wiI1 be construCted as a part of a screen and landscape design for this entire community. Then you have the right-of-way and the ultimate section for Hypoluxo Road depicted. ~_~SkokOwski said the distance from~the'right-of-way to the building is 235 feet, and there zs a diagonal line that you can see that sort of suggests what one mzght be able to see or might not see when walking or viewing from his automobile on Hypoluxo Road. Mr. Skokowski reiterated that their intention is not to create commercial zoning or a commercial presence on Hypoluxo Road, and they are willing to accept whatever conditions of approval the Board feels ms appropriate to protect the communitY mn terms of that facility being an internally located and ormented facility. Chairman Ryder asked if the cross section of Hypoluxo Road was the intent of the road improvement in connection with this development. Mr. Skokowski replied, !'That is correct. We will be dedicating between, I think, 45 to 50 feet of right-of-way for the ultimate cross section of 104 feet of right-of-way, four lane median divided, for Hypoluxo Road. One other thing Chairman Ryder questioned was parking provided for the medical center - 50 spaces. Apparently, Chairman Ryder noted that was an. indication of what they might expect from people outside of the development making use of it~ Mr. Skokowski replied that they did not view it that way at all. He said it was strictly a minimum Code requirement for standard office facilities - 5 spaces per 1~000. Chairman Ryder asked what they were talking about actually. Mr. Skokowski questioned, "In terms of use?" Chairman Ryder replied, ',Yes." Mr. Skokowski answered, "That's a very hard thing to predict. We feel pretty comfortable representing to you, as we did to the staff, that we feel at least 50~ of the use of 10,000 square feet will be by the nursing facility and by Lthe adult congregate living facility. Mr. Skokowski told the Board Members they feel they substantially meet the intent of the PUD. commercial standards, which say that it is the intent of this facility to service their development and not the surrounding facility. He reiterated that is the intent. Mr. Skokowski'stated %hat t~ey.-.know~th~r~ iS.-a.strong.~relationship - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 here, and that is part of the amenities if you will be in this community. He said there is some relief of traffic on the road if there are medical facilities like this on site. Mr. Skokowski knew there may be a number of questions the Members may haVe in addition to the comments he made about their plan. He expressed that they feel they are offering a passive and self contained community here that would become part of the City of Boynton Beach, which has an inward orientation by virtue of its guard house, its security control of the adult congregate living facility, by the type of residency that you have at the convalescent center, and by the limited impact of the office/medical facility, which again includes a certain service to people of the surrounding area. By virtue of this Planned Unit Development, Mr. Skokowski said they also have the opportunity to work with the City to preserve this site in terms of its substantial stands of existing vegetation. Some, he has been told, are two and three feet in diameter. In the interest of themselves, Mr. Skokowski informed the Board Members that they made a commitment to do everything they can to preserve those. They have, in fact, been as honest as they can; and on the master plan itself, they depicted the location of all of the existing vegetation that they are going to try to work with. A subdivision of property here would not permit for that sort of protection of all of the trees and vegetation on site. Mr. Skokowski pointed out that their Planned community approach certainly will. Again, Mr. Skokowski expressed that he was very happy that they have come to this point with a feeling that they will be annexed, zoned, and the Land Use Plan Amendment will be made to accommodate this use which is very comparable. Mr. Skokowski hoped the Board would get down to discussing a difference in opinion on the appropriateness of a commercial development in this facility and its impact on the community. Chairman Ryder noted that Mr. Skokowski indicated compliance with some of the issues that the City had.. He asked if he was familiar with the ones that were made by members of-the staff. .Chairman Ryder referred to the Director of Uti. lities.a~d, %he~i,ty Engineer. He thought landscape was taken care of,by the City Forester. Chairman Ryder asked if there'was a difference between the applicant and what the City had recommended and the staff. Mr. Skokowski did not believe so with the one exception of the commercial use. He tried.to present to the Board the impact of 10,000 square feet on the site on an input to the community. Mr. Skokowski said that represents a good relationship, in their opinion, to the overall project. Mr. Skokowski added that it certainly will contribute in terms of the economic liability and the success of~this development~ - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Skokowski said they were not going to hang their hats on that. He said they thought they could do that in a way that poses no negative impacts on the community whatsoever. On that one point, the only way Mr. SkOkowski could propose to the Board to deal with that, because he very much.~a~d the'Board's recommendation of approval on this project, was that he wanted whatever motion the Board made tonight to recognize the applicant's continued interest to maintain the 10,000 square feet that they propose and allow them the Opportunity to further present their case to the City Council with the Board's recommendations simply commenting on, or being qualified by~ the Board's position on that one item. Mr. Linkous referred to Richard F. Morley, Principal Planner, County Engineering Department, and said he thought Mr. Skokowski said he (Mr. Skokowski) had relocated the site back. Mr. Skokowski said that was correct. Their original plan shOwed it more fOrward and showed it larger. Mr. Skokowski said they pulled it back along the' lines of what he presented to the Board tOnight. Mrs. Bond no~ed that it said staff recommended that they reduce the facilities by approximately 4,000 square feet. Mr. Skokowski acknowledged that was correct. Mrs. Bond questioned whether they had done that. That was Mr. Skokowski's last comment. He said they would prefer not to do that, believing that they could create no negative impact on the community by virtue of that. Again, the one item which Mr. Skokowski thought they were basing on was the traffic impact, which was the only impact the applicant had seen other comparables on. Mr. Skokowski indicated to the Board that their own traffic analysis suggested that there is an existing traffic problem in this area, and they are prepared (as additional approval) to provide turn lanes, not only at their entrance but at the~int-ersection of Hypoluxo and High Ridge Road in conjunction with' other developers who are already committed to do that. Those improvements, when they are made, will substantially improve the quality of traffic flow to not only accommodate existing traffic but accommodate the applicant as well, even with the 10,000 square feetand bring that traffic sItuation up to an acceptable level. Although Mr. Skokowski admitted he was not an expert in that area, he had their Traffic Consultant there and was sure he could answer any further ques- tions the Board Members might have. Chairman Ryder asked Mr. Cannon, Assistant City Planner, if that was the basis for the City Planning Department cutting this down 4,000 square feet because of the traffic. Mr. Cannon replied, "Yes. That's one contention." He also believed Wiqh regard to the proposed 10,000 square feet, it was arguablet'that an office building that size would not be in compliance with the intent of the Planned Unit Development Ordinance. Mr. Cannon advised that the Planned Unit Development Ordinance specifies that commercial - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 uses in PUDs should be primarily to serve the residents of that PUD. He said the City's belief is that the 10,000 square feet is far in excess of the demands for medical services and medical offices that the adult congregate living facility and convalescent center would generate. In other words, Mr. Cannon said they believe that the 10,000 square feet would mean that the office building would be too much oriented to outSide demands outside the Planned Unit Development. He added that they have the traffic impact and also the intent of the PUD Ordinance, which is not to provide an excuse for a developer to put a commercial development where it would not otherwise be allowed. Apparently, Chairman Ryder.noted, that was %he Ci~y,'s planning contention; and the other one, of course, is traffic. However, he felt the proposed improvements to Hypoluxo Road certainly would be very helpful. Mrs. Bond questioned Whether Mr. Skokowski stated the~fact that people from the area.surrounding' the. site~-would be permitted to come in and buy pharmaceutical products. Mrs. ~Skokowski said that was correct. They would not have a gate house at the pharmacy. In other words, Mrs. Bond fUrther questioned, this commercial portion of this property will be available. As. she understood a PUD, it did not Permit that. Mr. Skokowski responded that is a very important planning issue. He thought that Members of the Board would find that any Planned Unit Development. that they could probably identify that has a commercial-use in~itdoes not service solely the residents of that community. Mr. Skokowski stated that it just does not happen, and he did not knoW where'it exists unless you are building a community like Wellington. Mr. Skokowski advised that the language of the City's Ordinance sa~s under "COMMERCIAL ~STANDARDS" says, "CC~mercial uses located in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area." Mr. Skokowski emphasized that is their intention here. He pointed out that it does not say exclusively the needs of this community. Common practice is for some spill over and for that facility, which principally serves a large development or PUD, to be available to the surrounding community to further support its economic success, Mr. Skokowski co'ntinued. Chairman Ryder asked if'Congress Lakes contemplates commercial on Congress Avenue. Mr. Cannon said that was correct. Apparently that would not be limited then to just the people in the develop- ment, Chairman Ryder determined. He informed everyone that is a PUD too. Mr. Cannon agreed that was correct. He said a similar situation'~was the retail proposed on Congress Avenue that actually does not front on Congress Avenue, and it was comparable to this proposal. Chairman Ryder questioned whether it could draw outside the facility. Mr. Cannon replied, "Yes. It is very - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 likely. He was certain there would be a large amount of traffic on Congress Avenue. Chairman Ryder did not recall any particular problem with regard to that at 'that time. Mr~ Cannon commented that there was .not. City Manager Cheney observed that part of the problem here was related to the annexation and related to the question that when we annex land, we have a statutory obligation to get a' finding from the County that the annexation is consistent withtheCountyCompre- hensive Plan as far as density is concerned. He informed every- one that a lot of Carmen Annunziato, the City Planner's time has been spent talking about this matter at the County to see if there is an area where the CiZy can proceed with the annexation. City Manager Cheney advised they were proceeding in accordance with the Comprehensive Plan. It was City Manager Cheney's understanding that the County staff has been pretty rigid'on these two issues, as well as the ques- tions that Mr. Annunziato had raised too as to the phrase, "are intended to.serve". City Manager Cheney said that was the judg- ment, and he asked, "What does that mean, "%ntended', and how much?" City Manager Cheney advised that a lot of the input has come from County staff because of w-hat they said. That'being CoUnty staff, City Manager Cheney thought the Board f~irly could say they were being quite, conservative in this matter With'their.concerbs about spreading of commercialism on Hypoluxo Road. City Manager Cheney reiterated that a lot of this comes from the County staff, and a lot of the concern on Mr.'Annunziato's part is to negate the possibility that the City would have a problem with the Board of County Commissioners later on. City Manager Cheney said the technical issue involved was that the Annexation Law says that it has to dO with the density. He said there was some question as to how that applies to commercial activities as well as residential. "You cannot play games with zoning,"City Manager Cheney told everyone. He repeated that a lot of the concern.and question comes from the County activity. Of course, Hypoluxo road is going to be improved, City Manager Cheney continued, and the developer is going to improve He.pointed out that this developer is going to make improvements to Hypoluxo Road whether he has commercial or not because that is the way the thing works. Saying again what Mr. Morley said, Mr. Linkous noted that any attempt to rezone this site to commercial zoning designation would be deemed inconsistent. City Manager Cheney advised that they are not zoning it to commercial; they are zoning it to PUD, and that is consistent. Chairman Ryder said they were back to the interpretation and definition of a PUD. That was the reason he mentioned Congress Lakes. That was a similar instance where they do have a commercial activity an~ apparently, not limited entirely to the development. City Manager Cheney agreed that was correct. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder thought that was the crux of the situation with regard to what a PUD would cover. Mr. Linkous asked if that was essentially a nursing home - a convalescent home. Mr. Skokowski replied that it was synonymous. Mr. Linkous thought ir'was rather unusual for two stories. Mr. Skokowski answered that if he could say this correctly, they would probably build one story. They wanted to request a two story maximum in case the design dictated a two story space mn terms of entry, lobby, or a small part of it. Chairman Ryder Called attention to the handicapped. Mr. Skokowski stated that was exactly correct, and there would have %o be an elevator in there. He repeated that their intent is to build one story, not two. Mr. Skokowski acknowledged that City Manager Cheney was exactly right in his comments. However, Mr. Skokowski Pointed out that the County did not have the same regulations as the City of Boynton Beach. As far as they saw it, he said the City has the unique opportunity to evaluate a fairly unique project here, which is not typical of a residential PUD. Mr. Skokowski was told that the pharmaceutical operation~ through the nursing facility itself, can perhaps generate $300,000 worth of sales. He was suggesting that there was a unique relationship between this facility and the medical offices and their program. Mr. Skokowski said they feel pretty comfortable. They know they have to go through the County for a waiver of their development control'. Mr. Skokowski commented that they feel fairly comfortable presenting the buffer .plan and the lim£ted..commerCiat that they are ta~-king about, in'relationship to their project,~to they'!County Commission and perhaps even convincing the staff that while they cannot, perhaps approve this because of their development regulations, the City does, and the City has reviewed this and feels very comfortable with it. In any event, Mr. Skokowski said they have to go to the County, and the County will uttimately~possibly control them on that one item. Mrs. Bond referred to the letter from Perry Cessna, Director of Utilities. She noted the applicant's engineer submitted estimates, and they do not comply with what~.he~felt. Mr. Skokowski told Mrs. Bond every item on there has been resolved. He explained that was an early letter, and their engineers met with Mr. Cessna. Mr. Skokowski was told every item was taken care of. The engineer was present if Mrs. Bond wanted to ask him a specific question. As Mr. Mauti saw it, they only had 236 parking spaces in the entire complex. Mr. Skokowski answered, "If you add them up right, that's about it." Mr. Mauti asked if this was based on the City's parking regulation. Mr. Skokowski replied that the nursing facility is, and the office facility is also. He said the adult - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 congregate living facility, as he understood it, did not exist as a specifically identified use in terms of parking requirements. What th~did was they identified a half a dozen other facilities and, based on their experience, Mr. Skokowski said they thought paving half a car per unit is .very comfortable. If it was of concern to the Board, Mr. Skokowski did not think they would have any problem at the time of preparation ~ a site plan to show designated additional spaces and a.reser%ed.area. "Of course," he pointed out, '%hose are all open space landscaped areas that we prefer not to pave." Mr. Mauti began to question, "If you anticipate outside people coming in, according to this," when Mr. Skokowski interrupted to advise, "Just for the office facility." Mr. Mauti sa'id they knew it still sho~s, that,'even for outside people coming in just to use the drug store, for instance, they might have a lot less parking space and might need more. Mr. Skokowski informed him that the office facility provides exactly what the Code requires: 5 spaces per 1,000 square feet. Mr. Mauti argued, "Then you've got the square footage, but then you don't have the employees in there. You don't have the people that would be transiting." City Manager Cheney commented that five spaces per 1,000 is the City's standard requirement for office space and parking space in the City. He repeated that is the City's requirement, and that fit in with the City's requirement. Chairman Ryder asked if anyone else wished to speak in favor of this request for annexation and rezoning. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the request. Chairman Ryder had a letter from Bennett W. Bell for Thelma B. Bell, Route 1, Box 282, Sandy Hook, Mississippi 39478, addressed to the Office of the City Clerk, Attention Zoning Board. He read: "Sirs, We object to the proDosed rezoninq of the approximate 11.29 acres located in Sec. 8, Township 45 SoUth, ~anqe 43 East (on High Ridge/Hypotuxo Roads) (Parcels 1 & 2). I am writing this mn behalf of my n~ther, who owns two (2) residential lots, one ia~e~ately adjacent to and the other very near to %he proposed rezoning: #1, located on Hypoluxo Rd., just west of High Ridge Rd. ~2, located on High Ridge Rd. just north of Hypoluxo Rd. It is our opinion that the rezoning being proposed will destroy the value of these two residential lots." - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder said he would take it that this was in relation to properties in the County rather than in the City. As there was nobody else who wished to be heard, Chairman Ryder announced that THE PUBLIC HEARING WAS CLOSED. Chairman Ryder said they should act on both the Annexation and the Land Use Amendment and Rezoning separately. Mr. Hester moved to approve the annexation of Stanford Park, subject to staff comments, and also the'~ezoning staff comments. The motion was seconded by Mr. Wandelt and carried 7-0. LAND USE AMENDMENT AND REZONI~G Applicant: Request: Henry Skokowski for Southern Senior Group Amendment to Future Land Use Element of the Comprehensive Plan to show currently un- incorporated property as low density residential and request for zoning of same property to PUD with land use intensity of 5.00; request for rezoning currently incorporated property from R-1AAA (Single Family Residential) to PUD with land use intensity of 5.00. Location: On the South side of Hypoluxo Road approxi- mately 300' West of the intersection of High Ridge Rd. and Hypoluxo Proposed Use: A convalescent center, adult congregate living facility and accessory professional medical offices and pharmacy Legal Description: Acreage, land in Section 8 - Township 45 South, Range 43 East (See pages~'t3 through 29.for public hearing and vote on annexat~ion and rezoning.) Chairman Ryder said they have the Land Use Amendment and Rezoning. As the Members knew, there has been considerable discussion, particularly about the medical center and the area zoned. He asked if there was any discussion. Mr. Hester noted that they had some indication that the applicant wanted qo talk to the City about the 10,000 square feet. Chair- man Ryder advised that this was a recommendation from the City Planning Department. He asked if the Board would go with that. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Mauti moved to approve, subject to staff comments. Mr. Linkous seconded the motion. For clarification, City Manager Cheney asked if the staff comments also included the limitation of 6,000. Chairman Ryder answered, "The City Planner's recommenda- tions.'' City Manager Cheney advised Members of the Board that they have to be very clear. Mr. Mauti remarked, "All comments." Mr. Cannon said there also should be some indication as to whether the Planning and Zoning Board thinks that the location is a problem (the size and location). He thought the Planning and Zoning Board should make a recommendation and findings as to both of those issues. City Manager Cheney said the current proposed location is acceptable to the staff, moved back to 250 feet. It looked that way from the layout that they had, Chairman Ryder observed. Mr. Linkous asked if it was 250 feet from Hypoluxo Road. Members of the Board answered, "Yes." Chairman Ryder noted they had the one showing the location of the medical center offset from the roadway. He asked Mr. Cannon if that was compliance with the request, as it ms well mn, away from Hypoluxo Road. Mr. Cannon was looking at the City Planner's memo to see if there was anything that was still an issue. However, he said it was up to the Planning and Zoning Board. Mr. Mauti s~id ~t~s~stillsubjee%~o Sqaff andMr. Annunziato, the City Planner's comments. He asked if that wasn't one of them. Mr. Cannon replied, "Yes." (A copy_of Mr. Annunziato's Memorandum dated January 3, 1983 is attached as pages 34 through 38]) Mr, Linkous~asked if there were any distances mentioned. That was why he mentioned awhile ago if that had been addressed. Chairman Ryder advised that the cross section showed the diStances. He indicated the building on the left. Mr. Linkous could not see the dimensions. Vice Chairman Winter told him it was 235 feet. Mr. Hester thought that was a concern of the County. Chairman Ryder answered, "Yes~ because they didn't want the connotation of having this commercial enterprise right on Hypoluxo Road (the appearance of a commercial zoning." Mr. Linkous asked how far back from Hypoluxo Road, where there would be a tremendous amount of traffic, was the convalescent center. He thought there would be an awful lot of noise there. Mr. Skokowski thought the preliminary plans would place it about at least 100 to 120 feet~ or in that area. He said it would probably be a minimum of 100 feet off of the right-of-way. Mr. Linkous asked if that was mentioned in the staff comments and if it had to be addressed. Mrs. Bond noted a question about a buffer zone. She asked if he had taken care of that as well. Mr. Skokowski neglected to - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARy 11, 1983 mention that. It came to his mind on the issue of the commercial- ization of Hypoluxo Road. He said they already advised staff that in the platting process, they will plat that front area (that 150 feet of open space) as a recreational or open space tract not to be developed, so there is a firm commitment. He hoped the Board would accept that as conditional approval. As far as their buffer was concerned, Mr. Skokowski said they have a 30 foot open space, area which again, on their master plan shows existing vegetation along the east property line, which would be undisturbed, which separates them as.a minimum before you get to the right-of-way of the thoroughfare that they are being asked to construct to their propertye Mr. Skokowski stated that there is a separation there as well from the property owners to the east. Getting back to the motion, Mr. Cannon thought as part of the motion the Board should specify the limitation on the floor area of the medical offices and also specify how far back from Hypoluxo Road it was to be located. He thought making it subject to staff comments and those two clarifications (floor area and the distance from Hypoluxo Road and the office) would be sufficient. Chairman Ryder asked Mr. Cannon if he wanted that included. Mr. Cannon replied, "Yes." Mr. Mauti asked Mr. Cannon if he wanted 235 feet off of Hypoluxo Road included. Mr. Cannon called attention to the fact that the City Planner recommended that it sit back further from Hypoluxo Road. Chairman Ryder thought they were going to be in the site plan subsequently. He asked if that wasn't something that would come along then. Mr. Cannon said it could be addressed at the site plan stage. However, right now, under the master plan, with the evidence submitted , Mr~ Cannon said there was just a generalized area shown for the office. Chairman Ryder thought, at this point, what they were consider- ing was first of all annexation and generally, what the ~ezoning would include. Here, he said they were getting into specifics which probably do not belong until the time they review the site plans. Mr. Skokowski informed Members of the Board that they intend to plant a 150 deep of open space tract between the office facility and Hypoluxo Road. He thought that condition perhaps would be a good point to start with in terms of insuring that %he condition, "Not fronting on Hypoluxo Road.~' Chairman Ryder said they had that for the record. Getting back to the motion, Chairman Ryder asked why the Board did not go along with staff comments. Chairman Ryder stated they would include all staff comments. A vote was taken on the motion, and the motion carried 7-0. - 31 - Time MINUTES - PLANNING AND ZONING BOARD JANUARY 11, 1983 MEMORANDUM Decem~r'15, 1982 TO: Mr. Carmen Annunziato, City Planner/// RE: Proposed Annexation - Southern Senior Group I am returning the forms you gave to me about what impact the above request will have on the Utilities Department. As discussed at the TRB Meeting yesterday, according to the Palm Beach County Health Department guidelines, hospitals gene- rate 200 gallon~ of sewerage and use 250 gallons of water per bed. Nursing and rest homes generate 100 gallons of sewerage and use 125 gailons of water per person. These figures are su3Dstantially different the engineers submitted in their esti- mates for sewerage capacity and water usage. A second item is the fact that the fire flow of 1500 gallons per minute plus domestic usage will cause a substantial pres- sure drop in an emergency situation on this 5,000' long 10" line. The plans do not address the fact that this line has to be looped over to the entrance onto Hypoluxo Road from the F & R development. This was part of the original approval for the golf club and the first master plan. It is possible that por- tions of it may have to be bonded, because of problems with the route at the present time. Another item that disturbs me is the present location of the pump station is so far to the north that it will require a second pump station to take care of the southern most portion of the original property. The last item is the fact that they have laid out the route on a proposed 60' road. We have no firm commitment that this road will be put in or that we will have access for maintenance to the proposed force main. All of these items should be addressed and resolved by the people who are proposing to build this, the owners of the pro- perty of the southern portion and the city, so that at a later date we do not come up with a situation that is not the most efficient and it may cause us future problems. apt Attachments Perry A. C $sna, Director of Utilities - 32 - MINUTES~- PLANNING AND ZONING ~OARD 'JANUARY 11, 1983 MEMORANDUM Carmen S. Ahnunziato .City'Planner Kevin Hallahan Urban Forester 'DATE FILE 5UBJ ECT January 3, 1983- Tree Inventory at Stanford Park P.U.D. This memo is in reference to the initial tree survey of the above property, located at High Ridge and Hypoluxo Roads. There exists on this site several unusually large S.Florida Slash Pine Trees (Pinus elliotti, densa) which should be preserved as Part of the developmental process. The largest specimen, which measures 9' 2" in circumference, is not located on this particular parcel of land, but is in the utility R.O.W. for the parcel, just south of the Stanford Park P.U.D. I would suggest that this tree be:located by the City Engineering Department and documented as a "specimen tree" desig- nated by the Tree Ordinance. This would help to preserve this, and the other trees on the site. I will continue to work with the developer and the T.R.B. in trying to preserve these trees, some of which are over one hundred years old. The list belowgives some of the dimensions of the trees in this memo I have been discussing. No. Diameter Circumference Height 1- 22.5" 5 '8" 50 ' 2 25.2" 6 '2" 50' 3 29.7" 7 ' 7" 72 ' 4 33.5" 8 '5" 50 ' 5 23.7" 6 '2" 55 ' 6 18.6" 4 ' 9" 55 ' 7 23.0" 6 ' 2" 55 ' 8 24.6" 6 '6" 50 ' *9 35.2" 9 ' 2" 50 ' * This"specimen' tree" is located on the land parcel South of the above property. NOTE: The largest specimen of this tree species measures 11'5" in circumference. Any specimen which measure more than 18" in diameter is considered "unusually large" by Forestry practices. If you need any additional information or documentation, please contact me. c___?/_./.~ [ Kevin Hallahan - 33 - JANUARY 11, 1983 MEMORANDUM MINUTES - PLANNTNG AND zoN~NG.~OARD Chairman and Members Plahning and Zoning Board Carmen S. Annunziato City Planner DATE January 3, 1983 Application for Annexation, Land Use Amendment and Rezoning/Henry Skokowski for Southern Senior Group Introduction Henry Skokowski, agent for Southern Senior Group is pro- posing to annex into Boynton Beach an 11.29 acre tract of land located east and north of the High Ridge Country Club, south of Hypoluxo Road (See Exhibit 'A')-. The property is currently undeveloped and zoned RS - Residential Single-Family District in Palm Beach County.' In connection with this request for annexation, the owners are proposing that the land be zoned Planned Unit Development (PUD). This 11.29 acre tract is to be joined with an incorporated 10 acre tract which is adjacent to and south of the land proposed for annexation and was a part of the for~.er High Ridge Country Club master-Plan. The PUD proposed provideg for the construction of a 120 bed Convalescent Center, a 220 unit Adult Congregate Living Facility (ACLF) and 10,000 square feet of Medical and Professional Offices to include a Pharmacy. The Land Use Intensity proposed is 5.00. Procedure These applications for annexation, amendment to the future land use element of the Comprehensive Plan and rezoning are being processed consistent with state statues, and Boynton Beach codes, ordinances and resolutions as follows: 1. F.S. 163.3161: Local Government Comprehensive Planning Act; 2. F.S. 166.041: Procedures for Adoption of Ordinances and Resolutions; 3. F.S. 171.011: MuniciPal Annexation or Contraction Act; 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5 (e) : Boundary and Zoning: 5. Boynton Beach OrdinaHce #79-24: Adopting the Boynton Beach Comprehensive Plan; and, 6. Boynton Beach Resolution #76-X: Procedures for Annexation. These procedures have been tabulated for informational purposes and for ease of processing as noted in the attached annexation timetable (See Exhibit 'B') . Paraphrasing the~timetable, these requests require review by the City Department Heads,-newspaper advertisements, public hearings with the Planning and Zoning Board and the City Council and Council adoption of ordinances to annex, amend the future land use element and rezone. Also included is a consistency review by the Board of County Commissionrs. These procedures take approximately three months to complete. - 34 - -MINUTES, - PLANNING AND ZONING BOARD ~ B6YNTON BEACH, FLORIDA JANUARY 11, 1983 Current Land Use, Zoning and Infrastructures The property which is the subject of this annexation request is currently undeveloped, a~ 'it is zoned RS - Residential Single Family in Palm Beach County. The incorporated tract is also undeveloped and it is zoned R1AAA - Residential Single Family. Utilities to serve this site are located approximately one mile to the south along the Miner Road corridor and they consist of a 16 inch water main and a 10 inch sewer force main. Both the water and sewer mains were sized to serve this property~ The applicant is proposing to bring the utilities northward along a proposed public right-of-way which generally follows the location proposed in the High Ridge Country Club master plan. Access to the site will be provided from Hypoluxo Road and from the above referenced public road which will border the developable land on the east. The land use and zoning of the surrounding land varies and is presented for you~ information an the table which follows: Direction Jurisdiction Zoning Land Use north Palm Beach County RS Single Family Residential east Palm Beach County RS Single Family Residential, Day Care Center and Vacant Land south Boynton Beach R1AAA Vacant, undeveloped west Boynton Beach REC High Ridge Couhtry Club Future Land Use and Zoninq The area from High Ridge Road west to the west corporate limits bordered on the north by Hypoluxo Road and on the south by Miner Road is planned to develop in a low-density residential manner. Several low-density developments (fewer than 4.82 dwelling units per acre) namely Meadows 300, Boynton Lakes, High Ridge Country Club and Cedar Ridge Estates have already been approved consistent with this future land use recommendation. Any future development in the City in this area should continue to reflect low-density residential characteristics. The Planned Unit Development requested is unlike any reviewed by the Board in recent memory. In 'fact, it is unique in that the uses proposed while permitted in PUD'S and residential in nature are not single family homes or standard apartment units. - 35 - ~I~UTES - PLANNING AND ZONING BOARD BOYNTON BE~CH,~FLORIDA JANUARY 11, 1983 - 3 - One way to determine whether or not the propOsed de~ velopment is consistent with the low-density residential land use category is ~to compare this proposal with a residential PUD of 4.82 dwelling units per acre, 4.82 dwelling units per acre being the maximum density permitted in the low-density residential category. In this regard, I refer the Board to page 5 of the attached Stanford Park Project Fact Sheet & Justification Statement (Exhibit 'C'). Clearly, the comparative analysis provided in- ciates that the proposed development is consistent demand wise with a low-density residential community developed at 4.82 dwelling units per acre with one exception - traffic. Based on the figures pro- vided, the proposed development exceeds, traffic wise, a residential development by approximately 25%. With respect to surrounding future land uses, this proposal appears to be consistent with both the Boynton Beach and Palm Beach CountyComprehen~ive Plan policies with one exception, namely the location and intensity of land use associated with the proposed Medical/Office facility. The general area of Hypoluxo Road and High Ridge Road, south side is not shown to exhibit commercial po- tential in the Palm Beach County Comprehensive Plan, (copy attached as Exhibit 'D'). This facility may also violate Section 9d of Appendix B of the Boynton B~Dch Code of Ordinances which is concerned with commercial standards in PUD'S (copy attached as Exhibit 'E'). Because this development exhibits low-density residential land use characteristics and is generally consistent with both the Boynton Beach and Palm Beach County Comprehensive Plans, the requested Low-Density Residential land use classification and the zoning classi- fication of PUD with a Land Use Intensity = 5.00 are appropriate. However, in order to accommodate the issues raised concerning lo- cation and intensity of the proposed Medical/Office facility, it is suggested that the applicant reduce the facility by approximately 4000 square feet and that the facility ~ot front on Hypoluxo Road. In addition it is further suggested that the applicant provide a landscape buffer between the facility and Hypoluxo Road. This reduction will have the added advantage of reducing the traffic impact bY approximately 300 trips per day. Comprehensive Plan Policies There are three policies in the Comprehensive Plan which address annexations as follows: 1. "Annex only property which is reasonably contiguous to present municipal boundaries;" 2. "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing service;" and, 3. "Annex only properties which are of sufficient size to provide efficient service and on which urban develop- ment is anticipated." - 36 - MINUTES~ = PLANNING AND ZONING BOARD f~B0~NTON BEACH, FLORIDA - 4 - JANUARY 11, 1983 In order to determine the consistency of the Southern Senior Group annexation request with the Comprehensive Plan.policies, ~each of the three policies, will be addressed individually. Policy 1 "Annex only property which is reasonably contiguous to present municipal boundaries." The SOuthern Senior tract is contiguous with the corporate limits along its entire western and southern boundary (1410 feet). The northern property line is adjacent to Hypoluxo Road which is also the northern limit of the Reserve Annexation Area. Policy 2 "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing services." In response to Policy 2, you will find accompanying this memorandum Exhibit 'F' which compares projected ad valorem taxes with required expenditures. Policy 3 "Annex only properties which are of a sufficient size to provide efficient service and on which urban de- velopment is anticipated." As previously stated, the Southern Senior tract is 11.29 acres. This 11..29 acre tract is to be joined to an incorporated 10 acre tract to form the Stanford Park PUD. Because of the availability of public utilities and location in proximity to Hypoluxo Road and Interstate-95, this property will soon experience urban type -development as evidenced by this request. Based on the findings of fact noted in the discussion of the policies when applied~to this annexation,~it is apparent that the Southern Senior Group request is consistent with the Boynton Beach Comprehensive Plan policies concerned with annexation. Recommendation The Planning Department recommends that the applications submitted by Henry Skokowsk~ for the Southern Senior Group for annexation and amendment to the future land use element be approved as requested. Concerning rezoning, the Planning Department recommends that the request be approved subject to the accompanying staff comments (Exhibit 'G') and subject to the applicant reducing the intensity of land use and modifying the location of the proposed Medical/Office use. These recommendations are based on the following: 1. the parcel is contiguous to the corporate limits; 2. the parcel is in the path of urban development; 3. the request is consistent with the Comprehensive Plan policies for annexation; - 37 - .~INUTES -. PLAN~NING AND ZONING BOARD BOYNTON BEACH, FLORID~ - 5 - JANUARY 11, 1983 4. the land use and zoning categories requested are.generally consistent with. the land use plans and policies of both Palm Beach County and Boynton Beach; 5. the requested annexation and zoning will not impare the surrounding properties in a manner that will inhibit future development; and, 6. the cost/benefit analysis of this request indicates that the impact of this proposal on municipal staff and programs will not be significant. CSA:mpc Carmen S. Annun'ziato-- - City Planner - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 LAND USE AMENDMENT & REZONING Applicant: City of Boynton Beach Request: Land Use Amendment from Medium Density Resi- dential to Office, and Rezoning from R-2 (Single Family & Duplex Residential) to C-1 (Offices,/ Professional Commercial) Location: South Seacrest between S. E. 21st Ave. and S. E. 23rd Ave., East side Proposed Use: C-1 Use Legal Description: Lots 60, 61, 62, 65, 66, CRESTVIEW SUBDIVISION, as recorded in Plat Book 23, Page 154, Official Records of Palm Beach County Chairman Ryder recounted the chain of events that happened lead- ing up to this, wherein the City is applying for zoning. He informed everyone that this resulted froTM an action taken with regard to rezoning the Monahan (Julie Weems Monahan) property at Seacrest and 21st Avenue. At that time, the request was to re- zone from R-2 to C-1 to legalize an ongoing ille~gal commercial use. At that time, the Planning and Zoning Board concurred unanimously with the recommendations of the City Planning Department that additional C-1 zoning was not required since sufficient C-1 area was available and now exists; that the immediate vicinity was continuing to be developed for residential purposes; and that finally, such rezoning would result in a classic example of spot zoning for preferential treatment. In essence, Chairman Ryder continued, this was how the Board felt at that time. Following the Planning and Zoning Board's unanimous recommenda- tion, Chairman Ryder recalled that the Council, by a vote of 3-2, saw fit to reverse the Board's recommendation and approve the request for rezoning. At a subsequent n[eeting, Council, in addressing the matter of approving the attendant Ordinance which would finalize the action, decided to defer any action on the Ordinance and instructed the City Manager and the City Planning Department to conduct a study of other adjacent lots also front- ing on Seacrest Boulevard as to advisability of including them in a general rezoning to C-l, thus avoiding the label of spot zoning. Tim Cannon, Assistant City Planner, told the Members that they had in front of them the report of the Planning ~e~pa~tment and their recommendations with respect to rezoning~ Mr. Cannon stated that he was not going to go into great detail as far as the findings in the report mainly because there have been three previous rezoning applications on this strip within the past year located at Lot 62 and Lot 61 and the West Half of Lot 60, and also the West Half of Lot 65. - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Cannon said their findings and arguments with respect to the rezoning of this entire strip are virtually the same as the argu- ments as they would apply to theSe-individual rezonings. There- fore, Mr. Cannon stated that the Planning Department did not think it was necessary to belabor what has already crossed the Planning and Zoning Board and which they are already aware of, as far as the conditions in the area, the surrounding developments, and the availability of other commercial properties. Mr. Cannon informed Members of the Board that they did make some additional new findings, which he wanted to reiterate. One_thing they did was analyze the probable traffic impact of rezoning these properties, preparing for traffic impacts, commercial development of these properties into offices as opposed to their continuance and build out as residential~. Mr. Cannon referred the Members to paragraph 4 on page 3 of the report, and read: "4. If all of these lots were to be rezoned to C-i, approximately 12,070 square feet of existing floor area and 4270 square feet of potential floor area would be available for medical offices. This conmercial floor area would generate an estimated 1,255 additional vehicle trips per day." This, added "to the existing 13,400 vehicle trips per day on S. Seacrest Blvd." would be "a 9.1% increase. By conl0arlson, if this strip were to remain R-2, the nmximum build-out on these lots would generate about 14 additional vehicle trips per day," (which Mr. Cannon said was an insignificant increase - about ' 0.1%"). The Planning Department also wanted to bring out the fact of what kind of precedent rezoning this property would'have to other similarly situated properties in the City, Mr. Cannon continued. He said the Council has already made a finding, in the Planning Department's opinion, that rezoning of this property is consistent with the Comprehensive Plan. Therefore, Mr~. Cannon stated~that the Planning Department was not going to argue with that finding. However, they were going to show the Planning and Zoning Board where similarly situated property exists in the City because re- zoning this property could set a precedent for rezoning other areas in the City. Mr. Cannon indicated the strip of lots in question on the overlay. He pointed out Golf Road, Woolbright, and Seacrest Boulevard. Mr. Cannon said the three applicants that appeared before the Board in the last three years mainly argued their case on the basis that because of the proximity to Seacrest, the lots are unsuitable for residential use. They argued that no one would want to live there. Mr. Cannon noted that it should be pointed out to the Planning and Zoning Board that there are similarly situated lots on South - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Seacrest all the way from Woolbright Road up to City Hall. He said this is all R-2 zoning along Seacrest Boulevard and the traffic, as well as here, is about as great as it is down there. Mr. Cannon showed where there were about 12-1/2 thousand vehicle trips per day and also where there are about 13-1/2 thousand. He said it was also worth noting that there have been at least two property owners along this stretch of Seacrest who have expressed an interest in rezoning their property to C-1 and, in fact, have picked Up applications for rezoning. However, they have not filed these applications. Mr. Cannon advised that rezoning this property would also arguably set a precedent for rezoning Woolbright Road immediately to the east of the Interstate, across from the ball field and the cemetery. He informed everyone that traffic volumes on Woolbright Road are comparable to South Seacrest and, in fact, they are a little bit higher. In considering thfs rezoning, as he stated, Mr. Cannon said the Planning and Zoning Board believed that the Council already made a finding that this rezoning would be consistent with the Comprehensive Plan. However, this does not restrain the Planning and Zoning Board's findings and recommendations. Mr. Cannon said they also felt the Planning and Zoning Board should consider the potential effect on all of South Seacrest and also Woolbright Road. There was one other consideration which Mr. Cannon told the Members of the Board the Planning Department thought should be brought up at this time. Since the primary basis for rezoning the lots in question is that they are immediately adjacent to Seacrest, Mr. Cannon said they felt that the rezoning should be restricted solely to those properties that abut Seacrest. Mr. Cannon showed Members of the Board the other transparency. In the rezoning application which the City, in fact, filed, he pointed out that the entirety of Lots 60 and 65 are included in the application. However, the way these properties are developed, ~ Cannon said the East ~O0 feet of Lot 60 is divided off by ownership from the western part of Lot 60. He showed that the eastern 100 feet has a house on it, and the remainder to the west is under separate ownership and is vacant. Mr. Cannon further informed the Members of the Board that there was also a split on Lot 65. >The eastern 60 feet of Lot 65 contains a house which does not front on Seacrest. For that reason, since those two properties do not front on Seacrest, Mr. Cannon said the Planning Department believed that.they should not be rezoned even if a recommendation is made to approve rezoning fOr the remainder of these properties. Mr. Cannon repeated that those two parcels should not be included because they do not front on Seacrest. He - 41- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 added that this would serve to keep traffic going to offices from going into these residential side streets also. Mr. Cannon said it should also be noted that the owner of the East 100 feet of Lot 60 has filed with the City Clerk, and Members had a copy of it, a letter stating that she did not want to be rezoned to C-1 because it would increase her property taxes. For the reason of respectfng the property owner's wishes and also not bringing commercial traffic into these side streets, Mr. Cannon stated that they believed that these two parcels should be excluded from any recommendations to rezone, as in the Land Use Amendment. (A copy of the letter from Marland W. Duvall dated December 20, 1982 is attached hereto and made a part hereof~as page 49.) Chairman Ryder asked if they were concerned about their own premises on 1st Street. He was wondering if they were aware of, if they stayed residential, the permissive uses the lots fronting on Seacrast Avenue could be put-to in the future. Chairman Ryder said the Board would now hear from anyone who wished to speak in favor of this proposal. Frank A. Kreidler, Esq., Suite 4, 521 Lake Avenue, Lake Worth, Florida 33460, reminded the Members of the Board that he was the Attorney that represented Mrs. Monahan in her earlier application before them. He appreciated Chairman Ryder recounting the history of this, as it saved him some time. Mr. Kreidler told the Members that if they could remember the last meeting that he attended here, there were seven or eight people that spoke in favor of this rezoning. Included in that were two of the people that, in the same five lots, had previously applied and when it got right up to coming in',before the City Council, they got a little but scared about what they were supposed to do and everything; so they withdrew their applications. Attorney Kreidler said the reason they had applied and the reason that Mrs. Monahan had applied was the property, as it is now, is completely unsuitable to the single family or even duplex situation that you have for those five or six houses that are there. They all are bordering on Seacrest, and all of them are facing Seacrest with~ in Attorney Kreidler'~s opinion~ ~..a very small setback. Attorney Kreidler continued by saying they are much different than the PUDs and the other developments that the City has up there that people say, "Well, that area is still developing residential." "Sure, it's developing residential with areas with big walls and with the entrances to all of the living facilities facing away from the road," Attorney Kreidler pointed out. Unfortunately, he thought that lady and her friend could not be present tonight. - 42 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Attorney Kreidler thought that part of the participation in favor of that was because the proposed uses for the property are compatible with the logical development that has occurred on Seacrest up from Bethesda Hospital to some extent in both directions as far as professional offices. He informed Members of the Board that his client would like to put in a nursing office to handle nursing referrals for people in this community that need that type of service. Attorney Kreidler said the other people along that property there have the same type of philosophy. They want to move away from that property and sell it to a doctor or a dentist or someone like that so that they can have a reasonable use of their ro er~ Att°rney~Kreidler recalled that they came up to the end of the hearing, and the Planning and Zoning Board rejected them because of spot zoning. They went to the City Council, and Attorney Kreidler .said there was a 3-2 vote that Chairman Ryder discussed, and the two dissenters definitely were concerned about the concept of spot zoning; so they turned around, and the City applied in order to try and straighten this out and have a good continuity of the zoning there. Attorney Kreidler told the Board Members you would not say that you have one lot, which;would have been ~e lot at the top, that would have been C-1 while the others would have been R-2. Attorney Kreidler submitted that the good reasons that caused the people to participate in favor of this rezoning still exist and the good reasons that caused .the City Council to favor the rezonlng still exist: that professional offices will increase the value of the property. There is some mention of that in the report that the City has compiled that, "Well, they're not sure what it is going to do," Attorney Kreidler added. In Attorney Kreidler's opinion, from going up and down Seacrest, the property closer to Seacrest, which is all C-l, that has doctors and dentists, is all a very nicely developed section of town that has increased the property values all up and down the street, behind the .property, and everywhere else because it is such a nice setup that they have. Another reason is with professional offices, you generally only have daytime operation, Attorney Kreidler continued. He said you do not have a residential house where you can have parties at all hours of the night. The people that have these professional offices maintain them in a high standard which is compatible with what Attorney Kreidler was sure the Members of the Board want Boynton Beach to look like - a very nice community. He further pointed out that there is no litter or other problems, as the City pointed out in previous applications. - 43 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 The way that Seacrest is developing is in a C-1 type of format. Attorney Kreidler observed. He called attention to the fact that there is tremendous traffic on that street; there are ambulances going up and down the street all of the time; people that live there have trouble sleeping; and if they have a house and try to rent it out, they have trouble renting it out. People do not want to live there because of the traffic and noise. Attorney Kreidler said with regard to the.~report that the City issued, they certainly agree with the proportions and now point out that this application, as it stands before the Planning and Zoning Board, as submitted by the City, is not spot zoning. Attorney Kreidler thought that should answer the Board's basic problem. It seemed to Attorney Kreidler that the basic concern of this body was spot zoning, and he said that problem no longer exists according to the application. He pointed out that Bethesda Hospital is going to continue to grow. There is going to be more need for offices, for doctors, and related services. For that reason, Attorney Kreidler said they would ask for the Board's favorable action regarding this rezoning application. He said he would be happy to answer any questions the Board Members might have, although he realized that the meeting was dragging out to some extent. Mrs. Bond wished to make a correction. She reminded Attorney Kreidler that he brought in peoPle to speak for the project that did not live in the area. Mrs. Bond asked if he told the City Council when he applied above the Board's recommendation at the time. -Attorney Kreidler informed Mrs. Bond~that the Council knew of the Planning and Zoning Board,s recommendations. Mrs. Bond meant did Attorney Kreidler tell the City Council that he brought in people that did not live in the area to speak for his rezoning project at the time. Attorney Kreidler replied that there were people that were residents and voters in the City of Boynton Beach that spoke in favor of the project-. Mrs. Bond added, "but didn't live in that particular area." Chairman Ryder thought they were employees of the nurse's agency who spoke in favor. Mrs. Bond remarked, "That's correct." Attorney Kreidler informed Members of the Board that he did submit a petition with 150 names of people in the general vicinity there that were in favor of the rezoning, plus the Boynton Beach regulations state that all of the people in the surrounding area must be notified, and if they have an objection, they are supposed to "troop down here and make their objection known." Mrs. Bond did not see the 150. Attorney Kreidler did not think if anybody had a strong objection, they would not have shown up. He advised there were a number of people that were in favor of that, that are long-time Boynton residents, that saw the chain of events as they are coming along here, and were in favor of it. - 44 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, ~1983 Chairman Ryder asked if anyone else wished to speak in favor of this. If so, he told them to please come up but to please make it brief because the Board is cognizant of just what is involved here. However, he did not want to keep anybody from speaking on the subject. Sandra McGregor, ~017-C South Seacres% Boulevard, Boynton Beach, Florida 33435 told Members of the Board she is a native of this City and owns a condominium in the area that is marked "R-3" (West #4, Condo). Ms. McGregor informed everyone that it is a Squire Hill condominium and she is the former President of the Homeowners Association. Ms. McGregor did not know anything about zoning or anything about all of the regulations. She stated that she is a homeowner there, and she has lived in that area for approximately 20 years. When the northernmost lot was purchased by Mrs. Monahan, Ms. McGregor recalled it was very run down, overgrown, abandoned, and a real eyesore in the neighborhood. Ms. McGregor informed the Board Members that Mrs. Monahan came in and did a fantastic job. Mrs. Monahan spent a lot 'of money on the property, and Ms. McGregor said it is a big improvement in the area. Ms. McGregor said there is that zoning along S. E. 23rd. That was a similar situation. Those were all small homes that kind of fell into disrepair, and Ms. McGregor said the~zoning was changed; they were bought up and converted into medical offices. She thought it was a big improvement in the neighborhood. Ms. McGregor; personally, was in favor of it. As she said, she did not know anything about the rules and regulations. She was just here to say how she felt as a homeowner in the community. Loyal Rohrbaugh, 2857 S. E. 1st Place, Boynton Beach, Florida wanted to say how beautiful Mrs Monahan made the place. Another thing Mr. Rohrbaugh wanted the people out there against it to know was that he lives right in back of the-two story medical center that was just built about two years ago, and he is very glad it is there because there is no problem whatsoever. Mr. Rohrbaugh told the Board Members there is no noise, and he thought there was probably fifty cars to one t°t what would be driving into Mrs. Monahan's place. At night, Mr. Rohrbaugh said you never heard any noise at all. In that case, he thought those people better think twice. Mr. Rohrbaugh told them there could be a filling station, 7-11, or something like that. "It wouldn't be very nice there," Mr. Rohrbaugh pointed out. In a situation of this kind, Mr. Rohrbaugh advised they better think twice before turning it down. - 45 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder told Mr. Rohrbaugh he should understand that what the Board is doing here, if they go along with this, is they are establishing these areas C-I~' He explai~ned !that does not mean that for all time you are going to have the type of activity that you have now. Chairman Ryder informed Mr. Rohrbaugh that C-1 permits day care centers, nurseries, hospitals, schools, and that kind of thing. What they were doing here~ if they make the change, and those were the permissive uses .with a possibility in the future that they may be resorted to, Chairman Ryder began to say. Mr. Rohrbaugh still thought it would be much nicer. He thought the people, if they got around a 7-11 or some of those in the evening and see what the problem is there, that any one of those Chairman Ryder mentioned would be way above the 7-11. Mr. Rohrbaugh added they could even have apartment houses going in. They have children running all over the neighborhood at night and everything else. Mr. Rohrbaugh continued by saying, "You know yourself, there's none of you or any of these other people that would want to live in a single family residence and raise~.~any children. I wouldn't~ I wouldn't live on Seacrest no way." Anna Noe, 705 Hillcrest Road, Boynton Beach, Florida 33435 stated that she lives in Mission Hill and has been a resident of Boynton Beach for thirty years. At one time, she resided at 14th Street; they had two houses on 14th Street that were at 14th and Seacrest. If you look at the area now (and Mrs. Noe passed it), at one time it was a nice area. Now, Mrs. Noe said she would be ashamed to say that she lived in that area. If you look at the area where they were talking about rezoning and what the owners want as C-l, Mrs. Noe said they have kept that area up very nicely. In the other area around Seacrest that has been residential and continues to be residential is really not worth living in any more, Mrs. Noe told the Board Members. Chairman Ryder asked if they were still in the area of "in favor." Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach appeared as a representative of the Chamber of Commerce. He said the Chamber has a difficult time in handling a difficult situation like this. Mrs. Monahan is a respected member of the Chamber. The purpose that she has in her business is respected. Mr. Foot noted she is mat'chlng resources and needs, and they certainly are glad to have someone doing that. However, concernIng the view of others interested in this type of question, Mr. Foot said they called a number of developers of office complexes. The first called, who was furthest from this - 46 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 site, whose building is not fully occupied, doer not have many health service related occupants at present, did not respond. The second person they called is definitely much closer to the scene, located on Seacrest, and has health service occupants in the parts of the building that are attendant to it. Mr. Foot reported that person said pragmatically, he would not object to the Board making a favorable recommendation on-'this issue on two counts: 1. If he were in this person's shoes, he would want to be able to go ahead with this plan as proposed. 2. Traffic that this project might bring to Seacrest might help him in what he has in his building. Mr. Foot said the third developer contacted was further from the site but is also dependent on health services said with the very minimal part of his building rented out, he was concerned about the glut of office space in our Boynton Beach area. The Post's story of last week of a six year's supply of office space in Palm Beach County had not been mentioned here tonight, Mr. Foot observed. He thought it was something the Board should consider. Mr. Foot continued by saying the Chamber did not take a position on this issue but, at the same time, they urged the Board to consider how the positions of other property owners, including those who have existing C-1 propertieS along 23rd and along Seacrest may be undeveloped entirely at this point, as there are a number of empty lots, as everyone knew. Mr. Foot asked, "What's the effect of this action going to be on them? Will it help them? What will be the effect on all of the values in Boynton?" Chairman Ryder asked if there was anybody who wished to speak in opposition to the proposal. Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach, wished to speak as an Individual. He reiterated that he was speaking as an individual and said he was not in any official capacity. Mr. Foot's home is mn the notification a~ea for.this change. He stated that Mrs. Monahan's use of the property at present is most agreeable. Mr. Foot enjoyed seeing the smoke come out of her chimney tonight as he drove past. He observed that she has done a lot for that property, and that strip could be enhanced consider- ably if the others would .improve their properties as hers has been. Mr. Foot pointed out that they know that that property is not necessarily going to remain Mrs. Monahan's until eternity. He called attention to the properties to the south of hers and said the Board did not know what their plans might be. He said they could be used in the future by a brain surgeon, heart specialist, and they might have history made here in Boynton Beach by a doctor or dentist who takes one of those spots. The City would be proud of it. - 47 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 On the other hand, if you ever go out of office space in this area, Mr. Foot predicted you would have vacant offices as there are right now; you are going to have rents depressed where you will find tenants picking up properties like these for a number of purposes. Boynton Beach does not need a Women's Care Center, which has reached notoriety in Miami recently and which might well be a qualifying tenant for a property on Seacrest in Boynton Beach in a depressed rental market. Mr. Foot asked, "Could it be a governmental agency which might rent one of those properties - an agency which might serve those who are down on their fortunes; people who were in line to pick up a benefit; people who, un- fortunately, have to loiter while waiting an agency's decision on their application for benefits? How would the'neighbors of High Point, Squire Hill, the new Ridgepointe Woods like to have people congregating in that area while awaiting an action being taken by some government agency, which is not pr3o.~ibitedunder a C-1 zoning?" Mr. Foot sUbmitted that the application for a change at this point was premature. He said the City has plenty of office space available. Mrs.. Monahan could go to one of the existing C-1 property owners and rent or buy. There are plenty of opportunities throughout our community where Mrs. Monahan would still be able to serve the needs that she does, Mr'. Foot advised. He continued by saying she would conti'nue to employ the people she does and, at the same time, the City would not be extending the C-1 area possibly to the detriment of our community where people want to be proud of every part of our community. Mr. Foot told the Board people do not want vacant store fronts. It does not look good. He said they want to be able to take a visiting relative anywhere in town and say, "This is my town. proud of it~" I'm Mr. Foot further submitted that at this point, the Board should be suggesting that they come back later. James H. Murray, Jr., an Attorney with the firm of Reed, Smith & Chapin, 1201 N. E. 8th Street, Delray Beach, Florida, came fOrward. He said his home address is 2808 N. E. 21st Court, Fort Lauderdale, Florida. Attorney Murray's client was Marland W. Duvall, who sent the letter the Assistant City Planner referred to earlier. Attorney Murray said Mr. Duvall owns the East 100 feet of Lot 60. Mr. Duvall objects strenuously to the reclassification of this property. (Seepage 42, A copy of Mr. Duvali'sletter is attached asp age 49.) Chairman Ryder asked if anyone else wished to speak in opposition. - 48 - MINUTES- PLANNING AND ZONING BOARD BOYNT~ON BEACH, FLORIDA JANUARY 11, 1983 December 20, 1982 CERTIFIED MAIL Mr. Peter Cheuey, City M~uager City of Boyutou Beach P.O. Box 310 Boyutou Beach, Florida 33435 Dear Ne. Cheuey: Reference is made to the. Notice recently circulated announcing hearings on the coming Jan. ll and 18, 1983 for re-zoning of the following Lots iu Crestview Subdivision: 60, 61, 62~ 65 and 66. For reasons beyond my control, I will be out-of-State and unable to personally attend these hearings and am hereby filing ~ith the City ~y decision ou the proposed re-zoning. }$ home is located on the East 100 feet of Lot 60, whereas the West 152 feet, bordering ou Seacrest Blvd.,. is vacant and belongs to another Bo.vuton resldeut. Your Notice makes uo mention of excluding my East portion of Lot 60 from being re-zoned to C-l, Office Commercial. ~orti on I therefore request, that my/.~f Lot 60 be continued iu its present zoning of R-2 Residential and specifically excepted from those other Lots being changed to Com~uercial. I request this for the follow-lug reasons: 1.- .~ property was purchased 14 years ago as my private residence,. and I intend to continue using it as such indefinitely. '2o- Forcing me to accept Commercial zoning for my home would leave me open for a confiscatory increase iu my property taxes, create hardship~ and thus force me out of my 'home. 3.- The location and very small amount of land available with m~ home for off-street parking wo~ld make the property totally uuattraotive to a buyer--even after I were forced out by Commercial zoning. % Zn view of the above reasoning, I will have to defend myself through the courts against any forced Commercial re-zoning. It is therefore request- ed that I be informed of the decision ~ou excluding my portion of Lot 60 immediately following both January hearings, ~giviug me ample time to secure legal defense. -l~eveut this request for continued R-2 zoning is not houored~ I also request the verbatim record of both hearings. Marland W. Duvall 8101 Dorsey Run Road Jessup, Maz~-land 20794 Phone: 301-799-7724 - 49 - . ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 In making a summation, Chairman Ryder pointed out that it was quite obvious in the face of its previous position, that the City Planning Department did not find it possible to give th~S- outright endorse- ment. He said the Board had to bear in mind that the reverse position taken by Council does not necessarily mean that the Board has to acquiesce with their position unless Members of the Board find in whatever disclosures are made today that there is reason to reverse the position. Chairman Ryder thought the important consideration here was that they may be expected to be confronted with future similar and what he called contrived actions on the part of individuals; their interests are usually purely self-seeking, and they do not necessarily conform with orderly planning and would infringe unfavorably on their neighbors. Chairman Ryder further thought that they had to keep in mind that the undeveloped areas now existing there or changes in ownership could result in undesirable permissive uses in the future. As an instance, Chairman Ryder said they had the request from Mr. Duvall because of the effect that any permissive ~use in the future might serve to downgrade his particular area. Previously, when they discussed the matter of the gas station again, Chairman Ryder pointed out that they took i~o account to a great extent, ~or what they considered a great extent, what the reaction might be on the adjacent residential area and whether a downgrading would take place. Chairman Ryder emphasized that the Board had to keep in mind that they were not talking specifically about the Monahan enterprise at this time. What they do here, if they approve this, is in the future they permit any of the permissive uses which prevail under the C-l.zoning,~ Chairman Ryder advised. Mr. Mauti referred to page 2 of the Planning Department's Report, "Issues and questions" All Mr. Mauti saw were question marks. He dud not see any answers relating to those questions. Mr. Cannon explained that the answers to those questions were in the section below. Mr. Mauti asked Mr. Cannon to define to him one of the issues because this, personally, concerned him (what the impact does to the existing Bethesda Memorial Hospital having a request for rezoning). Just for matter of the record, Mr. Mauti wanted Mr. Cannon, Assistant City Planner, to reiterate on that. City Manager Cheney informed Mr. Mauti that the questions he was looking at were listed as 1 through 8 and then following are paragraphs 1 through 8. Mr. M~auti knew that, but he wanted Mr. Cannon to read paragraph 3 on page 3. He stated that Mr. Cannon did not read it, and he wanted to have it read into the record. Mr. Cannon read question #3, as follows: - 50 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 ~'~'What impact does the existence of Bethesda Memorial Hospital have on the requested rezoning?" Mr. Cannon advised that the reason that was brought up was because one of the issues her'e is the supply and demand of comm~ercially zoned property versus the supply and demand of reSidentially held properties. Obviously, in this area, ~the'.existence of Bethesda Memorial Hospital is one of the primary determinants of the demands for commercial floor space, Mr. Cannon continued. The Planning Department's answer to that is that Bethesda Memorial Hospital is there. It is a 450 bed facility, and if you know any- thing aboUt their development programs, they are currently under an expansion program and will, most likely, have future expansion. As they expand, Mr. Cannon said this will cause an increase in %he demand for commercially zoned property in the area because doctors like to locate their offices near hospitals, obviously. A 1ct of doctors in that area are also emplOyed at the hospital, as a matter of fact, so the Planning Department'thought that would be a consideration as far as the zoning of this property. In other words, Mr. Cannon clarified, the demand for commercial floor space or office floor space most likely will Continue to grow in that immediate area. Mr. Mauti said there was close to 700 lineal feet along Seacrest, just about maybe adjacent south on Seacrest and south of 23rd Avenue all C-l, undeveloped. Mr. Cannon agreed, saying the Planning Department brought that .up under #5. He said there are different factors that bound against each other.. What they are saying here, Mr. Cannon explained, is that the demand for Commercial floor space is not something that is fixed right now. It is most likely going to continue to ~ncrease somewhat. The impressive thing to Mr. Linkous was that there are five lots and all five people (and there again it is not spot zoning) agree to go along with the change, which would be contiguous to C-l, so Mr Linkous could not see really that they were making a big change. As he remembered before this was brought up, Mr. Linkous believed there were 12,000 or 14,000 cars that traverse Seacrest. Mr. Cannon said there were about 13-1/2 thousand. Mr. Linkous could sympathize with the people as residential. At the same time, Mr. Hester asked the Members to suppose some- body else on these other strips has a project going on and they want it rezoned, and they get together and say, "Let's get ours rezoned." Mr. Hester pointed out that if they are going to change zoning for five people or a group of people', they have to do it for somebody else. He said they have the same problem up on North Seacrest. That was what Chairman Ryder meant by contrived actions. Chairman Ryder commented that this is what they do about getting around it, and this is what is happening. He repeated that he calls it contrived. Chairman Ryder did not think that was the way to go. - 51 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder further did not think that was the way you plan. Mr. Linkous questioned, "But this alleviates spot zoning, does it not?" Chairman Ryder answered, "Well, how did it come about? And if you' are saying that the people don~t object, well, yes, because I think there it is a matter of economics. Maybe they feel they can do better, and that probably is true elsewhere throughout the City. If people have their zoning changed, they could do better, but that dOes not necessarily'mean that that is consistent with proper planning." Mr. Wandelt called attention to all the buildings that are avail- able that they could use, the eight dwellings on S. E. 23rd that could be utilized, and all that vacant spot that Mr. Mauti mentioned. Mr. Linkous remarked that there again, they were getting into economics,-and it may be too' expensive. As Mr. Wandelt recalled, some of this property was only bought in the neighborhood of two or three years ago~ It was residential at that time. Mr. Mauti believed that when they looked at 23rd Avenue and they looked at C-l, which was originally residential, people failed to realize that 23rd Avenue was changed to C-1 under the Comprehensive Plan which was adopted not maybe by this Board but maybe the Board before this Board, or when it was.. The last time that the Monahans submitted~this, Mr. Mauti was opposed to spot zoning and he stated that he made his position clear. He recalled that he asked the question of when Boynton Beach would be considering the master plan revision. Mr. Mauti believed he was told a~ that time by Carmen Annunziato, City 'Planner, that it woUld be in the middle or the latter part of this year (1983). Mr. Mauti asked Mr. Cannon if he was correct. Mr. Cannon replied, "it would be about 1984 or 1985." He said there is a mandatory requirement for revising the plan every five years.. Mr. Mauti thought it should be the end of this year, and he thought that was Mr. Annunziato's answer to him. Without the minutes, Mr. Mauti could not verify it. Mr. Mauti brought it up one more time whenl he said he had no objections for this Board or the Board that comes after this Board to take into consideration Seacrest and the adjacent property when they have the Comprehensive Plan and then make their decision. Mr. Mauti felt they would have a better input due to the fact that they would have the nucleus of a report from people who are way up the echelon in zoning for their input. Maybe they will come out with a comprehensive planning and also maybe a revision of this C-1 district along Seacrest, Mr. Mauti said. He thought that would be the proper attack instead of just spot zoning six lots or spot zoning fifty lots~ Basically, i~s~spot~zoning, Mr. Mauti said, in_a residential area. He added that there are buffers also to be considered and asked for confirmation by Chairman Ryder. Mr. Mauti noted that if you change the zoning, it is to C-1. He asked if there is a buffer zone between the residential area and the C-1 district. - 52 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder replied that it is adjacent to an R-2. Preferably, you would not want ~t adjacent to an R-1AA or something like that, Chairman Ryder advised, but that, mn a sense indicates a transition - you are going from a C-l, which is probably the least offensive commercial category, to a duplex zoning. In the event that property was sold ~s~ a C-i, as Chairman Ryder mentioned before, there would be many di'fferent uses that it could be applied to, Mrs. Bond noted. If somebody Comes along next year and buys the three lots and decided to put a gas station or something there, Mrs. Bond began to ask. Chairman Ryder interrupted~to advised, "No, not a gas station." He said they talked about nurseries-a~d..day care.centers, Vice Chairman Winter added funeral homes and crematories. Mr. Linkous pointed out that there are a lot of restrictions in C-1 as opposed to C-3. He was talking about ~he different uses. Mrs. Bond remarked that then they can come back and say they want to go to C-3. Mr. Wandelt stated that they can bUild a new post office there. Mr. Wandelt moved to deny the request, seconded by Mr. Mauti. At the request of Chairman Ryder, a roll call vote was taken on the motion by Patri¢ia Ramseyer, Recording Secretary, as follows~ vice Chairman'Winter Mr. Hester Mr. Mauti Mr. Wandelt Chairman Ryder Mrs. Bond Mr. Linkous Aye Aye Aye Aye Aye Aye Nay Motion carried 6-1 in favor of denyinq the request. Mr. Linkous voted in favor of granting the request. The request was DENIED. AN INTERMISSION OF FIVE MINUTES WAS ANNOUNCED TO BE TAKEN AT' 10:05 P. M. The meeting resumed at 10:12 P. M. SUBDIVISIONS Master Plan Modification Project Name: Agent: Owner: Location: Description: Boynton Beach Commerce Center Conrad Schaefer, Consulting Engineers, Inc. Iraj A. Motazedi South side of Woolbright Road between LWDD E-4 Canal and Seaboard Airline Railroad Master Plan Modification involving 3 changes to approved Master Plan - 53 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 As Members of the Board knew, Chairman Ryder said this is a PID (Planned Industrial Development) on Woolbright Road between the E-4 Canal and 1-95. What has happened here is that, in the normal course of events when they get a modification, it is submitted to Council on the basis of seeking approval that the modification is not a substantial one. In the event that the Council finds that the modification of the master Plan is not substantial, the matter then comes to the Planning and Zoning Board. Chairman Ryder told the Members it was here before them tonight. Tim Cannon, Assistant City Planner, informed Members of the Board that the Technical Review Board recommended to the City Council that this master plan modification not be considered a ma3or modification. The City Council made.that finding, and they referred it to the Planning and Zoning Board for approval. Mr. Cannon said the master plan modification consists of three revisions to the approved plan. He referred the Members of the Board to the letter from Centure Construction Corporation, 891 East Palmetto Park Road, Boca Raton, Florida, dated December 28, 1982, addressed to Mr~ Thomas Clark, City Engineer. He said these are changes in the engineering detail. Mr. Cannon read the revisions as follows: "Revision #1 involves the site storm~ drainage system which the South Florida Water Managen~nt District.would not approve in its original design. Revision #2 involves the existing 16" water main in the NW q~_adrant of the property. Revision #3 involves minor modifications to the proposed sanitary drainage system due to the revisions to the storm drainage system." Mr. Cannon advised these are %echnical_ details, and they have been reviewed by the City Engineer, the Utilities Director,. and the rest of the staff. He said there are no problems as far as the Technical Review Board is concerned. Mr. Cannon told the Board that the Technical Review Board recommended that this master plan modification be approved. Mr. Hester moved to approve the master plan modification, seconded by Mrs. Bond. Motion carried 7-0. Preliminary Plat Project Name: Agent: Owner: Location: Description: Boynton Beach Commerce Center Conrad Schaefer, Consulting Engineers, Inc. Iraj A. Motazedl South side of Woolbright Road between LWDD E-4 Canal and Seaboard Airline Railroad Sewer, ~ater, paving and drainage Plans to support construction of PID uses - 54 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Tim Cannon, Assistant City Planner, said this was an applica- tion for approval of the preliminary plat document along with subdivision construction plans of Boynton Beach Commerce Center. He informed the Board that it comes to them with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon stated that the plat consists of twelve parcels. There are four commercial parcels along Woolbright Road, a~'d he showed the location of Woolbright Road along the top of the plat. Mr. Cannon continued by saying there are seven industrial parcels located in an area he indicated on the transparency. Finally, he said there is another parcel which runs along the E-4 Canal, and that is designated as a buffer zone. The plat provides for ingress and egress easements being main- tained as private roads by the Property Owners' Association. Mr. Cannon said the buffer strip is also dedicated to the Property Owners' Association for their special maintenance. In addition, there are several easements dedicated to the City of Boynton Beach. First, and most important, there are sanitary hazard easements surrounding future well sites. These are supposed, to prevent contamination of the ground water under those well sites and allow for access to those well sites. Second, Mr. Cannon said there are utility easements for maintenance of public utilities. Those run through various parts of the plat. Third, there is a temporary construction maintenance and access easement at the entrance at the north there for the City's use. Mr. Cannon did not read the staff comments but asked that they be included in the record, They are as follows: Engineering Department: (Tom Clark, City Engineer) See memo attached ~ as page 56. Utilities Department: (Perry A. Cessna, Director of Utilities) See Memorandum attached as page 57. .~. Cannon explained that the comments were technical in nature. However, the City Engineer and Utilities Director feel that their comments are minor in-nature, and the preliminary plat can be approved subject to their comments. Iraj A~i~Motazedi, Owner of the property, 2874 Banyan Boulevard, Boca Raton, Florida came forward and introduced Joe Critch, Project Manager~- of 941 N. W. 46th Street, Fort Lauderdale. - 55 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA· MEMORANDUM Mr. Carmen Annunziato, City Planner FROM: Re: Tom Clark, City Engineer Preliminary Plat and Development Plans, Boynton Commerce Center JANUARY 11, 1983 January'4, 1983 Comments: 1. Easements should be dedicated for public utilities, etc. 2. Parcel 3H should be dedicated to the Association for parking. 3. Cross-sectiQn should be shown for entrance road. Connection details with Woolbrigh~ to be shown. Fifty-foot radius is recommended. 4, Stabilized subgrade to 50 p.s.i., F.B.V, Compaction to 98% T-180. 5. Striping and construction for left turn lane (East approach),. right turn lane (West approach), right and left turn lanes (South approgch) should be indicated as required by the traffic survey. 6. The cost for a traffic signal should be included in the amount of the bond, .Said signal to be installed when warranted by the County Traffic Engineer. A sidewalk is recommended on the east side of the entrance road to the cul-de-sac and on the west side.to the first intersection south 'of Woolbright Road. 8.- The raised curb (or curb and gutter section) should continue to the first street intersection south of Woolbright Road. 9. Stop signs are required at east intersections with the loop road. 10. The "loop" road following the perimeter of the property should be included in the cost estimate for the bond. 11. Changes and additions should be made according to the memo of January 4, 1983 from Perry Cessna. The cost estimate of $523,152.41 should be revised to reflect the required changes. ' ' .'.,.,~%.,~ - ' Iime - 56 - MINUTES - PLANNING AND ZONING BOARD B~YNTON BEACH, FLA. M E M 0 R A N D U.M JANUARY It, 1983 TO: · , SUBJ: Carmen Annunciato, 0ity Planner Boynton Commekce Park January 4, 1983 The submissions can be approved subject to: Deeding of the 30 x 30ft. lift station site to the City. ,4. Revising the ingress egrees and utility easement along the North and East side of parcel 3A to comformwith the ingress egress utility easements along parcels 3B etc~ Designate the location of the Force Main from the entrance road to the point of connection, and if in developers' property~ to provide an appropriate easement. Detail location of fire hydrants to the satisfaction of the Fire Department for access without parked car interferenceo Detail prior to construction location of water meters to meet City requirements. Detail prior to construction clean-out locations sewer laterals. 7'~ Pay appropriate utility fees per-current City ordinances. Director of Utilities _57-/ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Chairman Ryder informed ever.yone that ~he..had gotten a lot of calls, and he was asked to oppose the helicopter pad. Chairman Ryder asked where that was going to be. To the best of Mr. Critch's knowledge, there was no helicopter pad planned. Chair- man Ryder commented that he looked at the plans, and he could not find it. He did not know where it came from. Mr. Critch had nothing to add. He did not have a copy of the comments in front of him. Chairman Ryder asked him if he was not aware of them at all. Mr. Critch was aware of them. He had copies, but he did not have them here in front of him. Chairman Ryder said they had one from Tom Clark, City Engineer, and one from Perry Cessna, Director of Utilities. Mr. Critch told Chairman Ryder he had all of these; they have been reviewed. He said he did have all of the changes required here for the construction drawings by their Plan Engineer, Conrad W. Schaefer Consulting Engineers, Inc. Mr. Critch informed the Board Members that he had been in contact with Mr. Cessna and Mr. Clark. He said they are taking all of these into consideration, and the changes are being made. Mr. Critch did not think there was any- thing that they had any objection to. Mr. William McCarty, President, Boynton Beach Leisureville Community -A~.~a~iQn~.~ai~ethought they were the property that abuts along the canal area immediately adjacent to this property development. Mr. McCarty addressed the Board on the very issue which Chairman Ryder brought up a moment ago, and that was the helicopter pad. The source of their information about that helicopter pad was an article which appeared in the Boynton Beach Times on October 21, 1982, when they reported the development of this area and they cited specifically the development of the helicopter pad in the area. Certainly, if the Board did not know it, and the engineers did not know it, Mr. McCarty thought perhaps they could feel assured that no such helicopter pad is going to be constructed there. None was indicated, and Chairman Ryder pointed out that they were just assured that there is not going to be one. Mr. McCarty said they could check with that. Living adjacent to that area, Mr. McCarty told the Board Members they have a lot of problems with the area being used by the visiting fishermen etc. and all of the problems that occur with abutting property, so they are very cognizant of the development of this area and are very much concerned about it. Mr. McCarty said they would be tremendously concerned if a helicopter landing area or a pad was developed because of~ first of all, the noise. Secondly, Mr. McCarty said they would also be vitally concerned over the safety of their residents and the people in the resi- dential areas surrounding it. Chairman Ryder agreed there was no question about it. Mr. McCarty felt reasonably assured tonight that such a thing is not going to occur. That was his reason for requesting to talk to the Board. - 58 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Vincent Foy, 1118 Florentine Way, Boynton Beach, addressed the Members of the Board as one living across the canal from the Commerce Center. He was encouraged by what he just heard - that there is no prospect of the heliport on this property. At the same time, Mr. Foy wanted to say that most of them came here from elsewhere. When they came, they liked what they saw. They saw a quiet residential community. In the passage of years, they have seen some changes, some that they did-n~t anticipate. Mr. Foy's purpose in addressing the Board was to try to be sure that some of these unanticipated changes do not happen, speci- fically the heliport. He stressed that there is no question of the noise problem, the hazard, and the downgrading of their property. It was a very real concern. It was Mr. Foy's hope that since it had been stated here that there is to be no heliport, that if it was proper for the Board to do so, they would make that publicly known, so that there would be a statement that the Planning and Zoning Board does not consider the Commerce Center as a proper place for a heliport', so as to stop any momentum and any ideas about the development of a heliport just a stone's throw from the homes in which they live. Chairman Ryder could see Mr. Foy's concern. He remmnded him that over the years, this PID has been in development for a long time. Chairman Ryder said they tried to do what they could to alleviate any disturbance with the people across the canal; they have a green belt; they have a park type of development in this Planned Industrial Development which should not be a source of concern or an offense in any way. As far as addressing the matter of the heliport, Chairman Ryder called attention to the fact that they had not asked about putting one in, so he did nOt know whether the Board could come out and say there should not be one. City Manager Cheney did Not have the Ordinance but he thought the ~asic development plan. here and all of the proposals fox-.the ln~u~rial deveAopment is according t° the PID.~ If anybody ever war~qed a ne±iport, City Manager Cheney said you would.have ~o~have a~hole.-master plan revmslon mn addition to the PID. City Manager Cheney called attention to the electric wires going through this property and said he would not want to land there in a helicopter or anything else. He had not seen the article in the paper about the helicopter port. Chairman Ryder said it ~was apparently an irresponsible one, and ~he did not know~'.whether the Board Should !take cognizanance of.it. Chairman Ryder pointed out that they know there is not going to be a heliport.' City Manager Cheney thought they were confident. He was curious as to where it came from and said he just looked at the article briefly. City Manager Cheney said it was quoted in the same article that mentions the heliport. - 59 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Martin Hackman, 801 DeSota Road, Boca Raton, Florida, spoke from the audience and informed City Manager Cheney that it was their advertising agency, without their permission. Mr. Foy asked that the Board not minimize this or ignore it. He stated that there might be substance to it, and it was objection- able. Mr. Hackman told the Board he was a partner in this Commerce Park, along with Mr. Motazedi. Their advertising agency, when they bought this, put an article in about an elaborate park and Mr. Hackman said they did mention the heliport. Mr. Hackman emphasized that was the initial article, and they stopped it immediately. Mr. Hackman wished to read into the article at this time that "THERE. WILL BE NO HELIPORT ON THIS PROPERTY, AND IT IS NOT CONTEMPLATED IN ANY FASHION." Chairman Ryder added that it was done in error without Mr. Hackman's knowledge. Mr. Hackman replied, "Right. The first article. There have been many articles since, and this never appeared." Chairman Ryder was glad to hear that they had learned the source of this.~ He thought that should be very helpful. Mrs. Bond moved that the Boynton Beach Commerce Center P~eliminary Plat be approved, subject to staff comments. The motion was seconded by Mr. Linkous and carried 7-0. SITE PLANS Project Name: Agent: Owner: Location: Description: Curt G. Joa, Inc., Modified Site Development Plans Judith L. Kelly, Architect Curt G. Joa, Inc. High Ridge Road, Boynton Beach, Florida Addition of 4,200 Sq. Ft. of Accessory Office to existing manufacturing plant Tim Cannon, Assistant City Planner, told the Members of the Board that this was a modified site plan that comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. He reminded the Board that they had already seen the overlay tonight when they discussed the areas for the drainage. Going over very briefly what the applicant is changing on site, Mr. Cannon informed Members of the Board he is adding a_4~200 square foot office building to his existing manufacturIng plant and adding some additional parking to accommodate that office area. - 60 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Mr. Cannon read the staff comments, as follows: Building Dept.: "Subject to Con,unity Appearance Board variances. Mm. Cannon explained that the applicant will have to seek variances because the applicant does not wish to put a hedge along the rail- road. The reason is probably obvious. Also, the applicant wants relief from having to put trees along the frontage indicated by Mr. Cannon s~nce hi~building~is built right up to the property line. It would be arguably physically impossible. Mr. Cannon samd that would be a matter for the Community 'Appearance Board to deal with. He further read: City Planner: "Subject to Parking Lot Variances." Mr. Cannon advised that has already been resolved. re ad: Finally, he Public Works Dept: "Subject to Public Works location of dumpster pad." Mr. Cannon showed where the dumpster pad should be located. Judith L. Kelly, Architect, 3030 South Dixie Highway, West Palm Beach, Florida, told the Board they tried to comply with every- thing that they could comply with. Chairman Ryder wanted to know if the applicant had any qua~He1 with the staff comments and any matter involved here that they questioned. Ms. Kelly replied, "No, we don't." Chairman Ryder said that was regarding the sidewalk. He informed Ms. Kelly the Board would have to go with the sidewalk all the way. He did not see how they could get around the Code. Chairman Ryder came here about ten years ago and found out when somebody built a home, he did not have to build a sidewalk. He asked the Council, "How about requIring sidewalks when you build a house?' He said he heard, "I'm the only one on the street with a side- walk.' Chairman Ryder asked, "Well, if you don't build a side- walk, when does somebody else build a sidewalk?" He expressed it is important~ and he has been an ardent supporter of sidewalks. Ms. Kelly could appreciate that, but she was thinking of a condition which exists here. They do not want to ge~ around not building the sidewalk but they could terminate it at a logical oint rather than going all the way. Vice.Chairman Winter eferred to the Bull Dog Fence Company and said they have a sidewalk that leads to nowhere. Unfortunately., the Code required it at that time, so they went along with it. Vice Chairman Winter said it ends at the railroad track. Mr. Linkous asked if they could not ask for a variance. He could see the point, as it is a deadend, going into the canal. The only people that would utilize it would be those people. Mr. Wandelt and Mrs. Bond agreed that there could be the possibility of a bridge going across that canal. City Manager Cheney pointed out that you have people going down there to fish, etc. - 61 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 City Manager Cheney said it was a problem in terms of what Chairman Ryder said. The minute you let, "Not have a sidewalk," everybody is going to get out of it. Chairman Ryder commented that would defeat the purpose of having a place to walk, as he agreed with City Manager Cheney. Chairman Ryder said the Board would have to go with staff recommendations. Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach, asked to speak for the Chamber of Commerce. He noted they were talking about a sidewalk on a dead end street dead ending in a canal. Mr. Foot said there was not water across that canal. Mr. Foot said those people on that industrially zoned area do not have water from this City. They have some problems out there. City Manager Cheney said Mr. Foot was addressing the fact that there is not a public water supply to this building, and they have extra costs for fire protection, etc. City Manager Cheney said the Ci'ty is well aware of that. Curt G. Joa, Inc. is aware of that and was aware of that when they built there. City Manager Cheney advised that the water could be extended at some time with the development to the west (Sand Hill). He said that is one of those things that is going to happen. Mr. Foot said sometime he would like to see a bridge across that so that all of the people mn 'the industrial zone there, right up through Hypoluxo Road and High Ridge Road would have continuous traffic. He hoped they would not "rub this in" to the poor people who are trying to improve their property at this point without all of the amenities that most people do have in this case. Mrs. Bond moved that to. approve the modified site development plans of Curt G. Joa, Inc., subject to staff comments. The motion was seconded by Mr. Hester and carried 7-0. Project Name: Agent: Owner: Location: Description: Boynton Beach Commerce Center Conrad Schaefer, Consulting Engineers, Inc. Iraj A. Motazedi South side of Woolbright Road between LWDD E-4 Canal and Seaboard Airline Railroad 128,409 Sq. Ft. of Industrial Warehousing with 17,288 Sq. Ft. of Offices Tim Cannon, Assistant City Planner, advised Members of the Board that this application for site plan approval for parcels 3D and 3E of Boynton Beach Commerce Center comes to the Planning and Zoning B~a~d with a positive recommendation, subject to the staff comments. Like Mr. Cannon said, this is for two of the seven industrial parcels. He told the Board Members there are 145,700 square feet of warehouse and light manufacturing floor space shown on the site plan. Mr. Cannon said this was for a total of 8.9 - 62 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 acres for the two tracts, D and E. Mr. Cannon informed the Board that these are one story, 22 foot high buildings. Parking is provided both adjacent to the buildings and also.in parking lots to the west of the buildings, adjacent to the buffer strip, which is along the canal. Mr. Cannon advised that parking is permitted since these are private driveways and not public streets. Mr. Cannon said there will be a 40 foot buffer strip along the western edge of the site, abutting the E-4 canal. The natural vegetation will be left in this buffer stip, and in addition, there will be plantings required to bring that buffer strip up to 75~ opaqueness. That is, there would be 75~ ~screening looking from the west. Mr. Cannon further informed the Board that the entire site plan will be landscaped, and existing pine trees are to remain where this is physically possible. Regarding the feasibility of saving the trees in the center of the parcel, Mr. Cannon referred to a Memorandum from Kevin Hallahan, Urban Forester, to Carmen Annunziato, City Planner, dated January 6, 1983 and also an additional Memorandum from Bert J. Keehr, Deputy Building Official, to Kevin Hallahan, Urban Forester, dated January 5, 1983, which Mr. Cannon had handed out at the beginning of the meeting. He said it appears that the existing trees can be saved along the buffers to the west and to the east. He said these trees in the buffers are protected from extreme grade paving. Mr. Cannon said the memo from the Urban Forester addresses the problem. Mr'. Cannon advised tha~.'the Urban Forester says that if the site is to be graded, as the developer proposes, these pine trees could not survive in the middle of the area there. The site plan indicates that they are going to be removed. They would die anyway. Mr. Cannon read the staff comments as follows: Engineering Department: (Tom Clark, City Engineer) See Memo attached~as page 63. With reference to #2, Mr. Cannon said the paving elevations shown on here should be consistent with those shown on the subdivision construction drawing. Utilities Department: (Perry A. Cessna, Director of Utilities) See Memorand~ attached as page 64. City Planner: "Show sidewalk on Site Plan." - 63- MINUTES - PLANNING AND' ZONING BOARD BOYNTON BEACh, FLORIDA M E M 0 RA N,D U M JANUARY 11, 1983 TO ~ FROM: Re; January 4, 1983 Mr~ Carmen Annunziato~ City Planner Tom Clark, City Engineer Site Plan, Boynton Commerce Center Comments: Site plans should show elevations and dimensions require~ for construction of parking areas and driveways to doors. Paving and drainage details should be included for paving not included with'the plat development plans. Elevations consistent with. the ~aving improvements included with the plat should be shown on the draw- ings. Drainage structures to be constructed with plat should be shown for clarity. Extension of paving should be shown at northeast corner of loop road. 5. Bearings shown on "Plot" plan should be corrected. TAC:mb Tom Clark Receiv d~ Date___~ ~TJr~e ~ - 64 - PLANNING AND ZONING BOARD ~OYNTON BEACH, FLORIDA MEMORANDUM JANUARY 11, 1983 TO: SUBJ: Carmen Annunciato, City Planner Boynton Commerce Park January 4, 1983 The submissions can be approved subject to: Deeding of the 30 x 30ft. lift station site to the City. e Revising the ingress egrees and utility easement along the North and East side of parcel 3A to conform with the ingress egress utility easements along Parcels 3B etc. Designate the location of the Force Main from the entrance road to the point of connection, and if in developers' property, to provide an appropriate easement. e Detail location of fire hydrants to the satisfaction of the Fire Department for access without parked car interference. Detail prior to construction location of water meters to meet City requirements. e Detail prior to construction clean-out locations on sewer laterals. 7. Pay appropriate utility fees per current City ordinances. Director of Utilities - 65 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 Police Dept.: (Edward G. Hillery, Jr., Captain) "As discussed at the meeting on 4 January, '83, I feel that since there is an indication that the owner of the proposed Con~aerce Center is planning a 24 hour security' service and manned gate house, it would be of great assistance to our operation if any and all security alarm systems be routed directly to the security office on site, thus reducing drastically the response of this department to false and malfunctioning alarms. ' With'reference to the comment by the City Planner, Mr. Cannon advised that means that there should be a sidewalk shown along this main access, especially along the east side. Chairman Ryder asked that the applicant step forward. Mr. Joe Critch, Project Manager, 941 N. W. 46th Street, Fort Lauderdale, came forward. Chairman Ryder asked if he was aware of the staff comments. Mr. Critch replied that he was all set. He thought one sheet that Mr. Cannon did not read was regarded 'the tree plat. Mr. Mauti asked Mr. Critch if he was saying that he was not opposed to the staff comments. Mr. Critch replied that they had no objection to the staff comments that he was aware of. Mr. Mauti moved to approve the site plan, subject to staff comments. The motion was seconded by Mr. Wandelt and carried 7-0. Discussion Item Continuation of discussion of Proposed Densities along No. Congress Avenue with Reference to an Informal Assignment Density for the Melear Tract Chairman Ryder informed Members of the Board that City Manager Cheney indicated that apparently, there are people involved who are considering reducing the overall density substantially from nine to in the neighborhood of six. The next time the Board will be confronted with this is when they make a formal submission. City Manager Cheney said that was right. City Manager Cheney said he just wanted to report back to the Board that after that long discussion, the ~C~ty met with the Attorney for the group, and 6.5 seems to be a reasonable density for that area. Vice Chairman Winter did not agree with that. Chairman Ryder advised that the Board did not have to agree with it right now. - 66 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JANUARY 11, 1983 ADJOURNMENT There being no further business to come before the meeting, the meeting was properly adjourned at 10:45 P. M. Respectfully submitted, (Four Tapes) - 67 -