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Minutes 11-09-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 9, 1982 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Carmen AnnunZiato, City Planner Tim cannon, Assistant City Planner Chairman Ryder called the meeting to order at 7:30 P. M. He introduced the Members of the Board, the City Planner, Assistant City Planner, and the Recording Secretary. He also acknowledged'the presence in the audience of Vice Mayor James R. Warnke and Councilman Joe deLong. MINUTES OF OCTOBER 12, 1982 Mr. Wandelt referred to. page 7, the next to last paragraph, where the first sentence reads: " . %hey are no longer operatinq . ." Mr. Wandelt said the sentence should read as follows: ' .Mr. Newbold said they are no longer offering to their patrons. " On page 9, Chairman Ryder called attention to the 5th paragraph and read as follows: "Mr. Annunziato continued by saying that access to the Planned Industrial Development will be via an 80 foot right-of-way which connects to Wcolbright Road and then' reduces, in this instance, to a 50 foot right-of-way with curb and gutter culmin- ating in a cul-de-sac son, what north of S. W. 23rd Avenue. He stated that this roadway will serve the industrial property and the two commercial properties. There will be no curb cuts onto Woolbright Road." Chairman Ryder asked Mr. Annunziato, City Planner, if he meant 23rd Avenue. 'Mr. Annunziato thought Woolbright Road was accurate. He explained'it is the intention to serve the two commercial properties from an 80 foot right-of-way without a cul-de-sac. Chairman Ryder asked how that 'would "jibe3~ with access that Mr. Annunziato referred tO at the beginning of the paragraph~ (80 foot right-of-way which connects to Woolbright Road). Mr. Annunziato explained that the way it relates is it is planned that there will be no additional curb ~cuts OUt of the commercial properties into Woolbright Road. Chairman Ryder commented, "OK. It's a little vague to me, and understanding there will be no curb cuts on 23rd Avenu. e, that's for sure?" Mr. Annunziato answered, "That's for sure." Chairman Ryder thought possibly that was what MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 M~ Annunziato was referring to. Mr. Hester moved to approve the Minutes of October 12, 1982 as corrected. The motion was seconded by Mrs. Bond and carried 7-0. ANNOUNCEMENTS Chairman Ryder announced that they had a film which deals with downtown redevelopment, which they would like to show to the people here tonight. However, it was not on .the Agenda and Chair- man Ryder said they would have to relegate i% to the end of the Agenda because the Agenda tonight is rather lengthy. He wanted as many people as could to stay because, as they probably know, the City of' Boynton Beach has .~ecently ~initiated a Community Redevelopment Agency that'is just gettiqg started to work, with the .objective of revamping the downtown Boynton Beach area. Chairman Ryder said the film should beL useful in that regard. Chairman Ryder also welcomed City Manager Peter Cheney. who is very much invOlved ih the matters the Board would be talking about tonight. COMMUNICATIONS None. OLD BUSINESS Site Plans Project Name: Agent: Owner: Location:- Description: Palm Beach Leisureville Modification James G. Torbit Palm Beach Leisureviile Community Association Lake Terrace & State Road 804 Decorative Walls & Pillars Chairman Ryder reminded .Members Of the Board that this application came to them'at their, last meeting. It had to-deal with-an addition to th~s~matter of decorative walls, roofing over .the barbeque pits, an-d the 'like. Chairman Ryder said there was no problem there, and the Planning and Zoning Board recommended the Council approve same, which the council did subsequently at their meeting. However, Chairman Ryder recalled the Memb~s.'of~the Board deCided ~o table the'decorative walls because of the fact that there were tWO importaht issues that .were ~no~ resolved. One was that the proposed location appeared t0 be in what were originally laid out when that area of Leisureville was developed as easements reserved for rOadway and_utility pBrp6ses. Of course, he - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 added, such easements do not permit any structures. The other, issue that was~involved was that apparently it was not apparent to the Board at this time that the owners of the two adjacent condominiums.were in accord with this proposal, Chairman Ryder continued. Since it was necessary for the Board to be dealing with owners~ the-Members thought they' could' not act on this matter. Chairman Ryder further recollected that finally, it was decided t° table this, ~and they went ahead~with the other matters, as he said.before. Tonight, Chairman Ryder told the Members, %hey were to consider these walls now and presumably resolve the p~oblems that remained to:be resolved befome. He understood that. the walls have been located now,' so that they are out Of the easement areas, and that the .application now has signatures of the owners of both of the condominium buildings. Tim Cannon, Assistant City Planner, ~greed that'was correct and said there did not seem to be any problem with approving th.e wails at the entrance. Mr. Annunziato said the City Planning Department had no objections. Mr. Linkous moved that the Palm Beach Leisureville Modification to ~he Site Plans be aPproved, seconded by Mr. Hester. Motion carried 7-0. NEW BUSINESS PUBLIC HEARINGS: 7:30 P. M. Land Use Amendment & Rez0ninq Jul ie W. and Susan L. Monahan Applicant: Request: Location: Proposed Use: Legal Description: Julie W~ and Susan L. Monahan Land Use Amendment from MediumDensity Residential to Office, and Rezoning from R--2 (Single Family ~ Duplex-Residential) to C-1 (Offices/Professional Commercial) 2206 South Seacrest Boulevard, Boynton Beach, Florida Professional Offices Crest View, Lot 62 Chairman Ryder thought the Members were aware of the fact that this is on the easterly side of Seacrest Boulevard, just above 23rd Avenue. It is on the southeast, corner of Seaerest and 21st Avenue, opposite the-new development that is going up, and below the Seaway Villas. Chairman Ryder informed the audience that the Board's usual pro- cedure is to get the input from the City Planning Department and then, following that, callin~ on representative~ of the applicant. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Tim Cannon, Assistant City.Planner, told the M~mbers of the Board that'the Planning Department recommends that the appliCation'be denied. The Planning Department stated its reasons~for recommend- ing against rezoning and the.Land Use'Amendmentl- Mr. Cannon advised that such actions would.be in conflict with the Compre- hensive Plan policies that are intended to prevent the intrusion of commercial uses into residential neighborhoods and policies concerning the preservation of the existing housing style. He said he would go into specific issues concerning the Comprehensive Plan after giving some background information. First, Mr. Cannon gave some information concernmng the surrounding developments and zoning mn the area. He showed the property in question on the overlay, South Seacrest Boulevard, and S. E. 23rd Avenue (also known as Golf Road). Immediately to the north of the appliCant's propertY, across 21st Avenue, there is a duplex, which'Mr. Cannon pointed out. He'also indicated all of the area to the east and south and also to the north-'was zoned R-2. Further to the .north are the Seaway Villas, a Planned unit Development, and Mr. Cannon pointed to the location of another Planned Unit DeVelopment composed entirely of duplexes which was built in 1980. Across Seacrest Boulevard, Mr. Cannon said there was a multi- family zone and he showed where Squire Hill Apartments were located. Beyond Squire Hill is the High Point development, Mr. Cannon further told the Board Members. He said the propertY immediately to the west of the applicant's property is Ridgepointe Woods Planned Unit Development, Which is multiple family housing, and this is Currently under construction. South, along Seacrest Boulevard, immediately to the south., Mr. Cannon indicated the location of a combination of duplexes and residential zoned R-2. Further to the sOuth, along seacrest, and ~lso along S.~E. 23rd_Avenue and C-l, which is office commercial, Mr. cannon' said there is approximately 1,000 feet of vaCant'commercial frontage on seacres~Boul'eVard, location he_sh0wed~theMembers of the B0ard,'~-.andvarmous ~oca- tions on the east side. In addition, Mr.-Cannon said there are eight dwelling units and 300 feet of vacant frontage along S. E. 23rd Avenue, Which could be used for .office use. Mr. Cannon read the Comprehensive Plan PoliCies that apply to this rezoning, as follows: "Comprehensmve Plan - Text "1. Provide 'an adequate range of housing choices. (p. 6) 2. Provide a suitable living environment in all neighbor- hoods. (p. 6) 3. Preserve the present stock of sound dwellings and neigh- borhoods. (p. 6) ~ 4. Eliminate existing aD~ ~tential land use conflicts. (p. 7) - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, t982 "5. Encourage the development of conmercial land uses where .accessibility is greatest and where impacts to residential uses~ are minimized. (p. 7) 6. Discourage the expansion of strip commercial development. (p. 39 ) Finally, Mr. Cannon said.there was a section of the Comprehensive Plan which concerns the housing stock and the housing demand. He read: "Boynton has a hig~her'than average proportion of older and retired households, who have managed to maintamn relatively high' equity~levels over long periods of homeownership. Never- theless, the need for rental housing in Boynton Beach will increase, particularly if the City attempts to increase its attractiveness for younger segments of the pqpulation." (p. 11) "It can be assumed that. inflationary pressurizes have forced many residents to overextend themselves in securmng housing. As evidence, median values of"housing have increased by slightly more than 100% from $15,800 in~ 1970. In contrast, median incom~ levels~ have increased by only 75% in the county during the same period.. This widening gap has forced m~ny middle income, particularly young; households out of the single family market in addition to contributing to over- crowding and overpayment." Why Mr. Cannon was quoting these sections of..the Comprehensive Plan was that this is an R-2 neighborhood, and the lot would be suitable for conversion 'to'.a duplex~-. In the _report that had been given to the Members of the Board, Mr. Cannon said the Planning Department outlined "Issues and'Questions" surrounding this rezoning. He read: ~'1. Does the proximity of. this lot and dwelling to Seacrest ~Blvd. make it'u~suitable for residential use?" Mr.'Cannon showed the lot in question on the overlay, Seacrest BouleVard, and said~it wa~s all being built up right now. Mr. Cannon indicated the location of the Monahan house and informed the Board Members that it was 53 feet'.from the pavement edge of Seacrest Boulevard. 'It was noted in the Planning Department's report that' South Seacrest Boulevard 'ca~ries an average of 12,~000 Vehicle trips per day between N. W% 2nd Avenue and Be%hesda Hospital. This is a far-greater traffic volume than most residential streetsi however, South Seacrest Boulevard is still a largely residential street and continUes to develop mainly for residential uses. Currently, 82~ of the frontage between N. W. 2nd Avenue and Bethesda Hospital~is zoned resi- dential, and 78~ is developed as residentiall at the present time. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 For most of the residential buildings, Mr. Cannon said the distance betWeen buildings and the pavement-edge at Seacrest Boulevard is comparable to that of the applicant's property. Immediately to the south of the property,, on Lots 61, 65, and 66, the distance of these dwelling units from Seacrest Boulevard is 58 feet, 44 feet and 45 feet, respectively, from the pavement edge. To the north.of the property in question, Mr. Cannon pointed to Squire Hill development, and said~hese apartment buildings .are 55 and 60 feet from the pavement edge compared to 53 feet for the applicant's property. Furthermore, between N. W. 2nd Avenue and Woolbright Road, Mr. Cannon indicated where there are 80 dwelling units immediately south there on Seacrest, With an average setback of 38 feet from the pavement edge. Finally, in Ridge Point WOods subdivision, Mr. Cannon showed where they were developing and informed the Board there are going to be 12 units, which are set'~back 60 feet from the pavement edge, whiCh is not that much furt'her from 50 feet that separates the applicant's property from Seacrest. Mr. Cannon.said. they concluded that in view of the large number of residential uses' along South Seacrest Boulevard and the distances that these residences are set back from the pavement edge, it does not appear that the applicant's dwelling is particularly unsuitable for residential use. "2. Is this property economically developable for a duplex?" Mr. Cannon said the Planning Department.!s response to this is that although the applicant might have difficulty trying to sell the property as a single family dwelling, it would be economi- cally practical for the dwelling to be converted to a dupleX. As noted earlier, the dwelling immediately to-the north, across S.i E. 21st Avenue, was built as a duplex. That was built just recently ..(in 1980'). Furthermore~ Mr. Cannon continued, there is a house 250 feet to the south, which was converted to a duplex in 1981. He showed the location of Seaway Villas PUD, which consists entirely of duplexes, was built in 1980.. "3. 'ts thiS property physically suitable forofficeuse?" ~he existing building woUld encroach on the side setback established for C-t zoning, Mr. Cannon informed the Board. A 30 foot side,~setback is required where a C=i zone abuts a resi- dential zone. This setback is considered to be the minimum setback necessarY to buffer ~offices from residential property. In this light, Mr. Cannon said they~saw the applicant's property is-physically unsuited for conversion to an office. Would use of the 'property in question as an office affect the residential environment and property values in nearby residential zones?" - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 The Planning Department's response to this issue is that C-1 zoning of the applicant's property would increase.the level of noise, and-congestion somewhat impacting surrounding residential properties, and particularly, the four dwelling~ units are immediately adjacent to or across 'the street from the applicant's property'. The leVel of nuisances generated ~by"office use would be less than that Which would be created bY retail stores-; however, there would still be an increase in traffic noise, particularly on'-the Side streets. ~ There would also be an increase in noise and glare from parking areas, .and there would be an increase in the number of people entering and leaving the property, which would be an intrusion on the Privacy of the surrounding~ residential area. Mr. Cannon said they also noted it would' be possible .for any other use permitted in the C-1 District to be located~on the property. This would include nursing homes, banks, and funeral homes. "5. What is the demand forl Zhis dwelling as offices as opposed to the demand for single family and duplex dwellings?" As previously mentioned, Mr. Cannon reiterated there is 1,000 feet of vacant C,1 frontage on Seacrest Boulevard and 300 feet of vacant C-1 frontage on S. E. 23rd Avenue that is being used for offices. -It can be concluded, therefore, that there is not -a great deal of demand for the applicant's property for office use. However, Mr. cannon continued., there is a demand for rental housing, and this demand for rental' housing is brought out in the ComprehensiVe Plan Policy. Mr. Cannon said the Planning Department thought the applicant's property would help to satisfy this demand, 'particularly if-it were converted to a duplex. "6. Does this property fit. criteria established in the Com- prehensive Plan for the location~ of.conmercial ar~as?" Mr. Cannon said the Planning Department's response to thi's _question is that the Comprehensive Plan recommends that strip commercial deVelopment be discouraged because of 'the aesthetic problems and traffiC problems it creates. Rezoning the applicant's property~ would extend the already existing C-1 strip along South Seacrest BoUlevard. Mr. Cannon put up a map of the zoning so Members.-could look at that again. Mr. Cannon continued by saying the-Comprehensive Plan also recommends on page 7 that commercial uses be located "where impacts to residential uses are minimized." In this case, he said it '~ould be.better for commercial uses to be located in the existing C-1 district to the south, where commercial uses would be abutting a larger'R,1AA district. Mr. Cannon stated this would be preferable to locating commercial uses next to the much smaller Rm2 zone, which is already becoming surrounded by commercial uses. - 7 - MINUTES - PLaNNiNG AND ZONING BOARD BOYNTON BEACH, FLORIDA -NOVEMBER 9, 1982 "7. Would rezoning this property to C-1 be an instance of spot zoning?" Mr~Cann0n said it was the Planning Department's finding that re- zoning the applicant's property 'to ~C=i would be an instance of spot zoning since it would ~reate a small and iSolated C-1 district entirely for the benefit'of one property owner. Mr. Cannon told Members. of the Board they could see the property that is supposed.to'be rezoned would be surrounded on all four Sides by residentially zoned property. More importantly, he said rezoni~g would contradict the Comprehensive Plan policies for'location of commercial areas, preservation of residential neighborhoods, and provision of 'an adequate housing supply. ConsequentlY, Mr. Cannon advised the Board that the Planning Board recommends against the rezoning from. R-2 to C-1 and the Land Use Amendment from~Medium Density Residential to Office Use. Frank A. Kreidler, Attorney for the Applicants, Julie W. and tSusan L. Monahan, ~appeared before 'the Board and stated he is a lawyer at 521 Lake Avenue,. Lake Worth, Florida. He has lived in this area since 1958 and has been an attorney for about ten years. Attorney. Kreidler was a former City Attorney and handled zoning matters on occasion before. He said this was one setup fOr proposed zoning changes and the different matters that the Board goes into such as the slide projector and the screen that A~torney Kreidler had not .seen in the cities he has worked for. He thought it was a fine way to localize your questions, as it makes it easy for everybody to understand.~ Attorney Kreidler said it made it easier for the Planning Department to do their job and for him to do his job too. Attorney Kreidler's clients, Julie and Susan Monahan, own this property, which the Planning Department said is zoned R-2. He said they wOuld like to zone this C-t in order to put in a nursing referral service. It seemed there was some comment about traffic. Attorney Kreidler explained it was not where a whole bunch of people come to'this office or a whole bunch of nurses come to the office., Attorney Kreidler said it was merely matching up the people ~i~ their home or wherever that need services ~ith the nurses, and most of the business is transacted by telephone. Attorney Kreidler told Members of the Board it is their position that the area along Seacrest is not suited to theresidential zoning that it presently has. ks'everyone knew much better than Attorney Kreidler, although he 'said he is very familiar with Seacrest, that street has been widened, The traffic has increased greatly,~ he was sure due to the road improvements and the projects that are there that have a high density and may still be zoned residential of some sort. Attorney Kreidler pointed out that there is a-greater density than the average single family residential zoning. If that area is to be utilized to the highest and best use, Attorney Kreidler advised it should be zoned Commercial C-l, and Mrs. Monahan should be - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 allowed to have a nursing referral service in that building. Attorney Kre!dler recalled that Tim Cannon, ~Assistant City Planner, said tha~.'~part~of~heComprehensive-Plan andthe?~Zoning Plan is to 'seek suitabte living environment for everyone. Attorney·Kreidter submitted to the Board that'with the traffic count (and the City earlier stated it is~ 12,000 per day, he · guessed) on that road-that it is not suitable living accommoda- tions of a residential nature, and the best use of this property would be commercial. Attorney Kreidler noted that Mr. Cannon stated that the one part of the plan is to discourage strip commercial developments. He was sure that if Members of the Board had seen this building on the pHoPerty, it certainly was not going So be the "strip store" that he-thinks of like when you see a 7~11 and three stores right next_to that. That to Attorney Kreidler is a strip store, and he said this certainly is not going· to be a s~rip commercial venture. Everything will be contained in the same building that is presently standing there. As to the suitable living environment, Attorney Kreidter called attentiOn to the~fact that there was a thing brought up that the City of Boynton Beach needs more.housing for young families. He submitted that the-City 'had a long way-to go, although it may be~pOssihle, if they d~op the rent to $20.0 a month or some- thing, if they h~d children of any nature. Seacrest Boulevard, from Attorney Kreidler's observation of it, has a lot of traffic. They .have ambulances going down the-street all of the time, plenty of noise on that street, and-it %.S Just'not~a place for a young family with children or any residential use. Attorney Kreidler noted there was .some.coneern on the part of the Zoning'Department that this would be.spot zoning. He referred to a PUD to the immediate left).~hich may be residential but it also may be residential of a high density type. Attorney Kreidler did not know exactly'the plan that went in there on that .PUD but said the area was ready for a change along Seacrest. To keep that property locked into an R-2 zone~ Attorney Kreidler th0~ght would be denying Mrs. Monahan the best use of her property that, in turn, would serve ·the City of. Boynton Beach and its residents also. Therefore, Attorney Kreidler was basically going to conclude with that, as he did not like to drag on at these minutes because he knew the Board had-a lengthy Agenda. For those reasons, Attorney Kreidler told the Board they think a C-1 zo~ing~would be the most appropriate thihg. Chairman Ryder asked'Attorney Kreidler if he said ~his particu- lar locatiOn-on Seacrest is not suitable for residential pur- poses. Chairman Ryder advised that is exactly how it has been developed, and it is currently now being developed~. He called attention to High Point. on the westerly side'~and~RidgepOinte Woods,which is going in now. On the westerly side, that PUD - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 the~e is no density there. Those are ~sing!e family units, so that it is entirely deVeloped for residential purposes', When Attorney Kreidler says it is not suitable for residential, Chairman Ryder stated that is not a matter of fact. Chairman Ryder told Attorney Kreidler the Board was very much concerned that it would be spot zoning in the center of an R-2 zoning and, as has been pointed out, there~is no lack of C-i zoning, which~would be suitable for the use that his applicants wish to use~ However, Chairman Ryder pointed~out, it does not happen to represent her location or her property, As you can see, bOth sides'of 23rd Avenue and .further to the ~south on Seacrest, Chairman Ryder said they have C~l ,zgn~ing,.¥targ~!y ~ en~tirely undevetop~at ~-present time, so what the applicants are,asking for. in a sense .s a3. specific exception to what they think would be a better use for the applicants. As had been pointed out, Chairman Ryder said. that was contrary to logical and sensible planning. If that was the general practice, Chairman Ryder advised it would lead to all kinds of disturbances. Chairman RYder just wished to say'that it is residential; it has been that way. Attorney Kreidler thought there may be some people in the audience who may wish to address the situation. He said the statement .that while~there are other 'C-1 areas in town that are undeveloped, the problem"'isMrs. Monahan does not own any of that prOPerty, and they~have to deal with the issue of the propertY ~here~he does own it. As to the position that other areas along that street are being developed in a residential manner, Attorney Kreidler stated he would say it is probably a little different than the actual single family, residential development that people think of when they think of single family residential. As he previously said, and Attorney Kreidler was sorry for his ignorance on the exact situati6n with the,Ridgepoln~e~Woods PUD and-the PUD to the upper right.. He said you have more density. Chairman Ryder advised they were single family units. Attorney Kreidler continued by saying they are single family units. Some of them have walls that separate them from the street, and they tend to become isolated. Attorney. Kreidler just did not think that it was reasonable for Mrs. Monahan to try and ~do that and, of course, she could not do that because she does not have enough property to become a PUD or to make her any other development than what she has on the property logically. Mr. Hester asked how long Mrs. Monahan has owned the property. At.torney Kreidler believed a couple of~years. Attorney'Kreidler asked, "And it was zoned R-2, right?" Attorney Kreidler replied, 'Yes sir." Mr. Hester pointed out that at the time Mrs. Monahan bought the property, she knew then it~was zoned R-2. To him, after two years, 'the Comprehensive Plan was.alreadY there, and Mrs. Monahan knew it was R-2 when she purchased it. - 10 - MINUTES - PLANNING AND ~ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mrs. Bond understood Attorney Kreidler to say it was just going to be a. telephone service. Attorney Kreidler replied, ~'Yes." He examined the property and could not, for.a fact, say there are eight parkin'g spaces but he knows ~there.are a number of parking spaces there. When Attorney Kreidler first spoke to his client about this, he expected the property to be really little and small but when he drove down there, it was. a very nice sized piece of property with adequate parking now to handle every staff that Mrs. Monahan would have. Mrs. Bond aSked if this house was not converted a couple of years or refurbished two years or so to a duplex~ Mr. Annunziato replied, "Last year." Attorney Kreidler confirmed that it was. Vice Chairman~ Winter thought when this application came before the Board the last time, the intent of business was something other than what it is now. Mr. Annunziato informed Mr. Winter that was a different applicatiqn. Chairman Ryder said it was a similar one and nearby. Vice Chairman Winter thought it was south of it and 'this one bo~h'~ Mrs~ Bond thought Mr. Winter was right. At.torney. Kreidler answered, "No sir." Loyal D. Rohrbaugh, 2857 S. E. 1st Place, Boynton Beach, informed the Members of the Board that his wife works for Julie Monahan and she has worked for "her for a year and-a half or two years. In the first place, Mr. Rohrbaugh did not think Members of the Board had looked at that place down there. ~It was the old Weaver place on the corner. As far as the looks and plenty of parking space, .Mr. Rohrbaugh_said-there' isn't a place on Seacrest Avenue as beautiful as that place since Mrs. Monahan'has fixed it up. Mr. Rohrbaugh repeated that his wife works for Mrs. Monahan. He noted that Members of the Board had mentioned something about the traffic. 'Mr. Rohrbaugh advised, "There is no traffic to that situation at all. My wife maybe'goes down there once a week to turn in her time or something like-that, and she has more room than the average place has." Talking about..spot.zoning, Mr. Rohrbaugh. told Members of the Board that 23rd from Seacrest east is the most miserable place to get around, and he did not know'how they. let that happen. He said they had offices and residences ail' mixed up down there, but here, they~were'~notwi, ll~ng~.~o'-~.change, this~f.o~,~one beautiful place. As far as those apartments~ on the w~st side and the .rest of the places on the tesidentiai, Mr, .Rohrbaugh expressed that it was much nicer than any of them on-Seacrest Avenue. He did not care where they went on Seacrest AVenue or to which one. Mr. Rohrbaugh recalled that.they rezoned it clear down to the hospital, across the street from the hospital, and asked what they had down there. He informed them they had some of the shabbiest looking places there, are in town - medical centers that - 11 - MINUTES - PL~NNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 are never kept up; the grass is not mowed; your 'water runs out to the street~and ftoodS the"street- Mr. Rohrbaugh continued by saying, "Your engineer put the dry wells in as a run off, the same way ~ith' a_'slope which runs down the street. The water is practically ~p to the~hub caps every time it rains going down there, but you don't see that down here where this Mrs. Monahan ~ants to have her office down there. That is all telephone business practically d6wn there anyway. There is no crowd going in and out of there at any time~" Mr. Rohrbaugh did not know why the Member.s of the Board would turn down anything as nice as that is 'and the-chance that they have to pass-it.' Mr. Rohrbaugh felt that would be terrible. Mr. Rohrbaugh has been a member here for 20~years, at the same place, and that is all he has seen up there. He noted that they keep mentioning the places on 23rd Avenue and that there are places there that Mrs. Monahan can' buy. Mr. Rohrbaugh exclaimed, "She has already bought it,~ and if you knew what the old Weaver place looked like before she-bought it, you sure would change your minds when yon go down and look at that! I went down and looked at it myself. I know:" Mr. Annunziato wanted to add one point. He advised they were not dealing withMonahan Nursings'Service, they were dealing with the issue of zoning the pr0pert~ C-1 and-with the property use. Mr. Annunziato, City Planner, called attention to the fact that this discussion should not be limited'to a nursing home referral service, but to any of the uses permitted in a C-1 zone. Chair- man Ryder added that the point is, the applicant has asked the Board~to go from residential to a commercial use. The proposed use is not the important factor.' It is the change that is involved. Theresa Johnston, 2214 South Seacrest Boulevard, Boynton Beach, Florida, r.esides right next to the Monahan duplex and was here six to-eight months ago for a similar application. Mrs. Johnston noted they talked about the other parcels and informed the Board there 'are only three .others besides her. All of them want the' same thing. Mrs. Johnston called attention to the fact that they are on a foUr lane road. As Mr. Rohrbaugh just said, Mrs. Johnston pointed out that the City rezoned 23r-d, which is the most 'miserable road in Boynton, to Commercial and yet they say Seacrest should not be. Mrs. Johnston did~not understand that. -"Chairman Ryder did not know that could help Mrs. Johnston's particular problem. Mrs. Johnston thought they should think about it. Chairman Ryder stated, "The fact is that it is C-1. The fact is that east of Seacrest, oh 23rd, there is a gradual transition that residences are being converted to professional use and~ in time, they will be entirely so, but that is happening.." Mrs. Johnston agreed that was right~ She added, T~at~ls gomng to cost the City and the County a lot of money to 'r~do the road ~in order to carry the traffic for any professional offices that are put there. They can't possibly use the road that is there. Anybody with any sense MINUTES -~ PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 can see that: Curtis A. Weaver, 2400 S. W. 19th Avenue, .Apartment 108, ~Boynton Beach, Florida, has. resided in Boynton Beach for 25 years. He watched'.the Westchester Heights area, where he was raised, go downhill due ~o the fact that C, 1 was put in and then no one purchased 'the property and developed it into a nicer subdivision. Due to the fact that there is so much traffic on that highway, Mr. Weaver told the Board he is newly married, and he would not move into that unit if they would give 'him the free rental space, if he-was going to raise a family of any kind. Those were Mr. Weaver's feelings. Mr. Weaver said he had been to Mrs. Monahan's office probably about 100 times in the last two years and he has never yet seen more than three peopl, e in her office at any one particular time. Donald Marra, 27~9 S. W. 5th Street, Boynton Beach, .stated he has been a resident here for thi-rty years and has'seen'the ~ity grow. He also said he has. not seen"too many. faults about the city, but everytime we have planning and zoning, Mr. Ma'rra pointed out, 'We get new ideas~= Comprehensive PIans." Mr. Marra has~b~en~cbefore some rof-~he.i. Boards from Boca Raton all the way to Palm Beach and said sometimes you have'to just use some common sense. Mr. Marra told Members of the Board that no one in the room was going to raise.children on Seacrest' Boulevard. He did not want to hear ~about Ridgepointe.Woods, 'as it does not come out to Seacrest B0ul.evard;~ it has a retaining wall all the way around it. Seaway Villas does not wantS'entrance onto 'Sea- crest Boulevard, Mr. Matra informed the Board~ He reiterated that Members of the Board should use.common sense. Mr. Matra said there was more traffic going into squire Hill than there was on that, so he urged~..the Board to cut. down the-traffic idea. Mr. Matra again told Members of the Board to use common sense. He remembered 23rd Avenue when you could not put an office there. There used to be just a little restaurant (Alfredo's), and that was it. The City got a new regime a~d all .of a sudden, they had offices on 23rd. W-hen this regime leaves, Mr. Matra said there would be another one. Mrs. Marra pointed to the overlay and asked the Members to see where it says "R-2 next to the water plant." He asked if they would like to live next to .the ~water plant. Mr. Marra predicted that would be Commercial too some day. All he was saying was, "Let's use a 'little common sense here. Seacrest Boulevard is not for Residential." Mr. Matra referred to Boca Raton, where they w~nted Residential on the Federal Highway, and it just did not work.. As long as~you have.an enclosed~ area, Mr. Matra said that was fine, but not Residential on these~highways. It is too risky for children. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Allen Polak, 411 N. E. 2nd Avenue, Boynton Beach, owns a duplex over there and thought he knew what Mrs. Monahan was going through. Mr. Polak is in the real estate business_and has owned this duplex now for approximately seven years. He came to Boynton.. Beach and wanted to put a real estate office ~n his own building. Being two doors down, he said he has a three bay garage. Mr. Polak was told.;~,i "Welt, you know; that's Residential, and you can't do'it.'' Mr. Polak wondered, how a~three bay garage where a man was doing a little bit of paint work, mechanical work, and had a few-cars around got there'. Of course, Mr. Polak said that did not mean too much, as a real estate office was not the right busineSs at that time, so he could not use it. Mr. Polak thought that was a shame~ w~enks~m~bod?~goes-out~a~d buys a_~i~ee of~ property{ and they.want~to dO,~sOmething, where ~i~_~'e~ ~an~'do is better the ~city and~better the location, ~ and they have to~ go" before the Board to,get a varianee~ Maybe this is legal,Mr. Polak remarked. Mr. Polak referred to the nice map's telling everyone all about housing being short for the young people. Mr. Polak said ~there isn't any young person that is going to buy a home up there on Seacrest Boulevard. Mr~ Polak travels Seacrest Boulevard two and three times a day, going back a~d forth to his business. He remarked, "Try coming across-Seacrest Boulevard about 2:30 in the afternoon. You've got about 40 school buses running down Seacrest. I think that this should be approved for Mrs. Monahan to use that office for office~space. I mean i~.?~.s~~ medical[ You've got. a drug store down %here; you've got the hospital~and a lot of other little businesses going in. It couldn't possibly hurt in any way." Anna Noe, ~05 Hillcrest Road, Boynton~Beach, told~Members of the Board she is a nurse. She saw ~he. pm~ce of property and, mn the area, she thought it should be zoned Commercial. Mrs. Noe agreed %hat she too would not want to raise a family on Seacrest Boulevard with all the traffic ~t-here. and in that area. Rosemarie Donohue, 10075 - 41st Terrace~South, Boynton Beach, a private nurse, employed through the Welfare Nursing Agency, has passed the area in question here. She felt the space would make.~an excellent nursing office. Ms.'Donohue also agreed with everybody else on the issues, of raising a family on Seacrest Boulevard. Ms. Donohue thought traffic was an'important question beCause she is at the 'office maybe once a week for about two minutes to pick up her pay check. She is there, then. out .a~d gone. She has seen maybe about two people in the office other than people that are employed there. Chairman Ryder asked if anyone wished to appear in opposition to this proposal. Hearing no response, THE PUBLIC HEARING WAS CLOSED. -. 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Chairman~RYder~n0ted that they~heard a great deal about the fact that this ~is not suitable for residential purposes. As-he- mentioned before, Chairman Ryder said contr~ary to the fact that is entirely how that area is bein¢ developed~ the Board is being asked to consider a chang that she can benefit her particu Chairman Ryder coBceded~ that~ to ~ deal, but when the Board considers in the way of planning and the chs is not a simple matter. It seemed to Mr. Linkous that thez ments made by the people here beca who spoke in favor of it live aro~ there are 12,000 cars that travers the majority of them were from 6:~ 9:00 at nighZ. That Mr. Linkous reminded-'e~eryone, the City of Bo} ~$25,000 for a comprehensive Plan.~ of thought put into that too. Mr. Linkous thought sometime in tl some attention given to that. He this probably is the time. Mr. M~ went through the new Comprehensiv~ that time it was periodic. He as} Planner, 'What the'time was. would be in a Plan review phase"pi 1983. Mr. Mauti felt the same way as-Mr opposed to spOt' zoning but he tho had to be something in the City's where these matters Should be rec~ Mr. Annunziato ~stated that there when you change from Residential Zoning. 'The_imere~existe~ce of~'tr~ conslusive evidence there is a ne~ pattern, Mr. Annunziato advised. dential and all of that change, b~ changing of the Land Use'to a Co~ mn additional .gongestion. It doe: complicates the problem. Mr. Ann~ Members would have .%o consider, th~ of Commercial in that or any area that are similar to this, not onl' 2nd ~venUe, and the impact Of'two' what that means to turning moveme~ cuts. Mr. Annunziato added that e for one individual who feels lar lot by going commercial. rs. Monahan, that means a great what is required to be done nge that wouId be involved, it e was~validitY in the state- use the majority of the people .nd it. He pointed out that e Congress, and he suspected 0 o'clock in the morning until ould Sympathize~with, bUt he nton.Beach paid something like He said there was a great deal ~e future, there has to be ~did not believe, however, .uti sat on the Board when they Planning, and he was told at ~d Carmen-Annunziato, City ~n~nZiato thought the City 'obably-in the latter part of Linkous' He was strictly .ght that down the road there new Comprehensive Planning ~nsidered. ~re lots of things to consider ~o Commerc$al-2 or commercial ~fficon an artery~ is not ~d to change the L'and Use Certainly, the kinds of Resi- it Mr. Annunziato said that ~ercial category only results i not solve the problem; it ~nziato thought the Board ~t when they think in terms they have to consider areas z on Seacrest but on Woolbright, '-curb cuts per property and %ts and accidents at these curb it is a nightmare. He thought it was somethingi for future reference, they might want to consider.. Mr. Li,nkous agreed that there would have to be stacking lanes or at least room for stacking lanes. Mr. Annunziato said there is none. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 In 1983, When this is reviewed ~gain, Mr. Linkous thought this should be addressed. Before a motion was made, Mr. Mauti wished to make a statement. As ~hairmani-Ryder knew, Mr. Mauti stated he was a firm believer of the Comprehensive-Plan. He was also a 'firm believer of pro- viding the adequate range of housing prices~t6 providezsuitable living environ~en~ in ~11 neighborhoods.and' ~preserve the sound dwelling in neighborhoods. ~M~. Mauti moved to deny the application, seconded by Mr. Hester. No discussion. The motion c'arried ~7-0, and the application was denied. PUBLIC HEARING PARKING LOT VARIANCE REQUEST Project Name: Agent: Owner: Location: Description: Boynton Beach Mall David. Si Pressly, Esq. Boynton Beach, Inc. N. W. corner Old Boynton Road and Congress Avenue Relief from requirements of Article X, "Parking Lots'", Chapter 5, Section ~5-t41-~(K) of Ordinance ~82-8, which would require double Striping of parking stalls, & Section 5-141 (D), Which would require a concrete curb stop for each parking stall -Chairman Ryder informed the Members that the matter before them was a request for ~variance from the Parking Lot Ordinance the City establiShed_f~y recently. He said that Ordinance requires that the Planning anG Zoning Board Consider requests for variances, and their decision is final. Chairman Ryder said thiS was not similar to' an instance Where they 'recommend approval of a site plan and Subsequently the matter goes on to the City Council for final consideration. He just wished to point out the difference' here and said~_~i~.,~was dictated by the Parking Ordinance. Chairman Ryder said they were addressing eliminating what apparently was considered-two important~-elements at the time this Ordinance was' drafted. He said the Board was considering eliminating elements in a Mall that has'yet.to be built. They have had requests prior to this (changes in existing malls), and in some cases, Chairman Ryder said the Board found it impractical to deny requests for changes. He said they were talking about a brand new Mall and about elements that it was felt would be in the fnterests of the.car parker, as well as the shopper. Chairman Ryder continued by saying the matter of the double striping helps to line up your car. Hopefully, if everybody else lines up between the double striping, your neighbor's door - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 is not going to swing open and you end up with some dents. "That ms the purpose of that~" Chairman Ryder remarked. Equally, the purpose of the concmete curb as a stop again is to regulate-the movement of' traffi~'~because without that, Chairman Ryder said they could have traffic going forward or backward or whichever Way the~ can stip through where they are not supposed to and so defeat the purpose of trying to arrive at something that will be convenient and will not cause concern to the shoppers. Carmen Annunziato, City Planner, told the Members they received in their Agenda packets a copy of a Memorandum which told of the Technical Review Board's recommendations with respect to these two variances, which he said he would read and try to paraphrase some to ~he issues. With respect to the request for variances?~tothe Parking Lot Code, Mr. Annunziato said there, are two points~ One concerns the requirement to provide double line painted stripes for each parking-stall, and. the second concerns the' requirement for the placement of a concrete car stop a~ each parking stall. The applicant is requesting relief from,both of these sections which on point One is Section 5-141(k) and on the latter is 5-141(d). Mr. Annunziato-said those are Section citations from the BOynton ~each Code. Mr. Annunziato continued by reading~from his Memorandum dated November 2, 1982: "The reasons stated in support of the requested'variances are, with respect to double lined striping ~'The required double line painted stripes are an addi- tional expense to the developer Without any concomitant benefit to the public'. '~ and, with respect to the required curb stops 'The curb stops are not only a continuous maintenance problem, but are also a hazard to pedestrians. ' Mr'. Annunziato informed the Board.that the Technical Review Board met on Tuesday, November 2, 1982 and reviewed the materials, which included the site plan and Vauiance application. It was the recommendation of the Technical~Review Board that ~hese variance ~requests be denied. The Board noted, in its discussions, that the'~applicant's reasons for requesting these variances were somewhat financial and that the'benefit to the public which would result.by granting these variances was questionable, given the concomitant reduction in public safety which would ~esult by eliminating curbs and double striping. Mr. Annunziato further read from page 2 of his Memorandum: "The Board (Technical Review Board) 'concluded that the requirement for double striping resulted from the reduction mn parking stall dimension size from 10 feet to 9 feet, and'that placement of curbs - 17 - MINUTES - PLANNING AND ZONING.BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 "will result in a more orderly flow of traffic." Mr. Annunziato wanted to add. to that somewhat in respect to the car stops. He said the-review that was done by the Technical Review Board (the statements made and the conclusions reached) were based On the need to provide a safe environment to au%o- mobiles .end'pedestrians in these parking modules, as they exist on"the proposed p!an.~ Mr. Annunziato said you could see there are several modules~of parking, and these modules are separated by .landscaped Curb dividers. He said there were-perhaps twenty of these surrounding the proposed Mall. Within each of these modules , there ~re probably 200 or 300 parking stalls for the larger ones and-someWhat fewer for the smaller ones. Again,..theissu'e~.concerni~g~curb's%ops was traffic flow safety, Mr. Annunziato informed the Board. He thought there were some significant reasons for this and he said~there were some significant reasons for~nO%~havingcurb stopsconcerning the safety also, and it is the applicant's obligation.to instruct the Board. Concerning the double lined striping, Mr~ Annunziato said there was a need when they'went from 10 feet to 9 feet to channel automobiles into the center'of parking stalls. Mr. Annunziato said the feel~ as the staff~ that the double line striping promotes parking~'of~automobileS mn a single parking stall, therefore, making the 9 foot viable. Chairman R~der asked Tim Cannon, Assistant City Planner, to go to the map and indicate how the cars would be parked He also asked him to show how they would toe in to the curb stops and in what manner they would be stacked up~ Mr.~Cannon~confirmed that they would be-perpendicular on either side of these vertical lines. M~. Cannon said it was 90° parking. ~Chairman Ryder determined 'that in each case, they'would toe into~ the curb and back'out, ~and the.cars~.~ou~d-be back to.back. Mr. Annunziato said they were typical parking lot configurations and dimensions and they couId see, in this regard, it is 90 degrees into the center of the . ~isle or the center of the park- ing bay. The point Chairman Ryder. was trying to make before was lacking those curbs, they would not have that condition of toe- ing in in each case. They might come in one way and go past the end of the s~all into the next one or half way in either one, which happens very often. Instead~of backing out, Chairman Ryder said they would be pulling into the roadway where other cars back out. That was one of the considerations for trying to control the traffic movement, which was something that the curb would provide, Chairman Ryder pointed oUt. Mr. Wandelt commented that a good example was Sunshine Square pr'ior to the renovation. Some lanes were even blocked off because cars could not pull in far enough. Chairman Ryder said they see some very horrible examples. He said he sees it in a new Mall, the Town Center Mall in Boca Raton. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH~FLORIDA NOVEMBER 9, 1982 Chairman Ryder thought the plans were great. He said they have proliferal c'irculation; they do not' have ,the parking just in one spot so if People get caught in showers they' do not have to go a long way tolget to their car.. Chairman Ryder thought proliferal access was important, He also thought the way the bays were divided was great and certainly commendable. Chairman ~Ryder did not know of anything currently that approached that convenience. Chairman Ryder Wanted to further hold this UP as a model example by the double Striping and by the concrete curbs. Chairman Ryder commented that both this matter and the site plan are vital concerns to the City because ~hey ~o not have malls coming into'the City'too often. He thought-it was quite apparent to the applicants, as well.as to Members of the Board, that a 'good deal~of-Study has been afforded the plans,. The'Technical Review Board,.~-the departmental, heads,~City~Planner,'City Manager and everybody has gotten' in%o~qhe picture~.because of the fact that it is so unique and because of the fact that they are going to be proud to ~have the Boynton Beach Mall here. Chairman Ryder wanted to feel..that they would not attempt to compromise, although he thought it was a great layout, and do away with something'~hich they.may regret. He referred to other malls where you just ride over the parking stalls because there is nothing to stop you, and~you do not know where you belong. Here, with theproiiferal circulation, Chairman Ryder said you have controlled traffic to a-gre~t extent, but-when you get inside .the parking areas lacking the concrete curb stops, there you may have a problem'. Otherwise, all~ toQ .often, Chairman Ryder said cars really do not know Where they belong. They ride all~over the place and they ride over the places where there is supposed to be parking stalls. Chairman ~yder said he would like to see the adoption of these tWo issues~ which were 'felt to be important. 'He did not feel that was capri~cious. As far as the matter~/of~exPense~ Chairman~ RYder was sure that was not the major concern.to %he applicant. He honestl~y felt that.perhaps the applicants felt that it was not the bone that some of them ~elt it wo~ld be. Chairman Ryder's own feeling was that the Board definitely should go along with it. Mr. Dick Greco, Vice President, Edward J. DeBartolo Corporation, 7620 Market Street, YoungstOwn, Ohio 44512, said they had come a long way since they were here last. He was sorry they all had opinions before he stated themr case and' said it was unusual. ~ any~rate,. Mr. Greco Said pictures of the Mall are on the board, and they hope to take excavation permits the 17th of this month to proceed. When they get into the site plan, Mr. Greco told the Members they would see. a number of pages which Mr. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Annunziato'will read. They are condensed down into a very few paragraphs. Mr. Greco stated that the work that went into that was extensive. ~They had a number'of their people here that had been working all day and have been"coming back on a weekly basis. As they pointed out, Mr. Greco said if you go over everything, they are in agreement with practically everything except these two little ±tems~that are before the Board this evening. Certainly, Mr. Greco admitted, it is not a matter of cost. On the doubte..striping, Mr. Greco stated that they had considered that the last couple of days and talked to'Mr. Annunziato today. ~ ~r-,!~Greco said %~hey~con~eded t~at they would, go ahead and do that. He added~ "We don't feel'~it-is' necessary.~ but it probably will be a little more convenient, so there is no problem with that. We're going ~o go ahead'with dOuble striping." Mr. Greco. told the M'embers of the Board they were talking about 4700 parking spaces with regard to curb stops at the end~ at this particular location. He ventured to say that there is not going to be-another shopp~ng~ center this size ever in Boynton Beach,as it~woutd not be~big~enough~to~sustain t~o~ of them with 1,000,000 square feet. Mr. Greco wanted tO say-also that the Ordinance ~hat addresses parking in Boynton Beach is probably one of the best that they have ever seen in the country. The DeBartolo COrporation is the largest builder of shopping malls in the world, They own and operate 250,000 parking spaces. For over 30 years they have built these things, and Mr. Greco said they have to do their own studies based on what is best for their c~stomers, clients, and that type of thing, so they certainly probably know what is good and bad in a shopping center. They have built more than anyone in the world, and people come to them for advice on them. Mr. Greco said he ~ould'read_some'~hing~S~ton~.~h~ and try to tell why they,~do ~not-want to do this. He reitera~ed~that it was not a matter Of dollars.. When y~u are bUitding~a~mul~i~million dollar facility of this nature, Mr. Greco said a few curb stops is 'not going to bother them one way or another, except they feel it is not in the best interest of the center nor the City. Certainly, Mr. Greco pointed out, the City would not write an ordinance around an edifice of this nature, because they are not going to have any more this size. Mr. G~eco stated that they could .not compare some-~700 spaces with a 7-11 or 'a strip center or even a little small mall With a few thousand square feet. They are entirely and absolutely~ different. Again, Mr. Greco commented that the City's ordinance is an excellent one. Curb stops are necessary where you have a convenience store or people park up against the sidewalk or up clOse to a building or near a fence or near a landscaped area or something of that nature. Mr. Greco stated there were a number of re.sons why the~ do not use them here. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Years ago, the DeBartolo Corporation installed curb stops in sc~veral.of, their malls, Mr. Greco continued. They have all been removed and for'a reason. As was pointed out, Mr. Greco said these are separated in various bays. He said he would have one of their engineers point out to the Board how the traffic circulates and why. "You don't.always want people backing into a traffic lane," Mr. Greco advised. He said that 'was more dangerous than going forward When you can see. Anybody can see that. It is a very simple matter. Mr. Greco said that all o'f the things that they have tried to do on this Mall have been extensive, as Members could imagine, such as where are you going to put the hoses for the fire, pick-up ofL trash and garbage, etc. He informed Members of the Board that they have been going arOund, and around for monthSr and they are in agreement with every single thing. Mr. Gre¢O w~nted to saY~from City Manager Cheney on down, and everybody on the Staff, they have been excellent. He stated these~were relatively~.minor issues and if they have to do it, fine, but they d±d not think it was right for them or ~he City. Mr. Greco wanted to try to explamn to Members of the Board, and he hoped that their minds were not totally made Up, as they already said before the applicants spoke, because he thought Members'of the Board would be m~king a mistake. Mr. Greco passed oUt a "Shopping Center Development Handbook" to Members of the Board, which is put out by~ "ULI - the Urban Land Institute, Washington, D. C.' He informed 'the Members that the Urban Land Institute is an independent, nonrpr~fit, research educational organization, and they put out specifications, etc. on many, many issues so that builders and~peopI'e~'fr~m.~all o~er.%h~i world can call in and find o~t what you should do Un various and Particular situations. " '~ In talking about parking, Mr. Grec0 noted they said parking in shopping centers must be simple, trouble free, and safe. The shopper should be able to move to the parking area without prior knowledge-of the layout. He read: "A .parking bay or parking module in a surface parking lot includes the driving aisle and the stalls on both sides. Aisles can also serve as pedestrian ways leading to the stores~ 'Raised.walks between %he bays are unnecessary and' expensive. In addition, such platforms interfere with sweeping and snow removal (whichwe do not have down here)~. Wheel stops also cc~plicate mechanical cles/7, ing operations. Only where parking spaces are adjacent to ~access driveways or where there are landscaped'areas should wheel stops be introduced.?~ (Mr. Greco drew attention to the fact that is the only time they reco~nend Mr. Greco said they go on to say a surface parking.~.facili~y .of several thousand spaces should be divided into several sections (like theirs ms) for ready identification of parking lOcations. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr. Greco further read: '. . Each of the divisions should contain a maximum of approxi- mately 800 ~to 1,000 spaces." "For the convenience or neighborhood center, parking along the storefronts is a good arrangement'. This design permits the convenience of quick v~isits-to the stores 'and' quick ~turnover of prime spaces. Here wheel stops, front b~ guards, or extended burb_ lines are requ~.'.red to prevent the intrusion of car fronts into the. canopied walkways." In most every'ins,tance in our community or others', Mr. Greco said these things are absolutely necessary. What the'Urban Land Institute ~(which is one of the biggest research companies in the world) was saying is it should not' be put in this ~type of thing, Mr. Greco told Members'~of the. Board. He said Greener Engineer- ing, which built the airport in Tampa and the one in Orlando, ~akes projects all ove.r~ the United States. and do a lot of design work for DeBartolo. .Mr. Greco said they asked Greiner Engineer- ing mn reference to this particular question-regarding the nse.. of wheel Stops in large parking lots. Mr. Greco re'por%ed~that he was able'to find some.other references. He referred 'to '"P'arkinq Principles, Special Report 125, Highway Research Board, Washington, D. C., 1971, ~105 and 106r".~'as follows: -In general, the ends of parkin'g stalls with end blocks can be 'marked in ~ sat~isfactorY fa~shion'.with only a paint line. Wheet'stop blocks or curbing in the interior of the lot have many disadvantages. They interfere with the premise, are a hazard to people walking.between cars, provide traps f'or blowing debris, and interfere with snow lying in northern areas. Pedestrian sidewalks are sometimes used'in large park- ing lots to ~separate rows of cars-and to provide more favorable walking, conditions. People walking to and from cars most often use-the aisleS, however, and the value of interior walkways is debatable. In addition, the use'olf wheel stops or continuous curbs in large parking .areas forces entering~vehicles search- ing for a convenient parking space to circulate to the end~ o'f the aisle and make a "U" turn to the next aisle. This type of circulation pattern introduces additional traffiC conflicts on the ring road and/or cruising lane adjaCent to the building and increases vehicle running time in the lot. (Mr. Greco pointed out that you do not have this problem in a small shopping center or 7-11 store.) - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr. Greco told the Members, '!As you know., increased running time contributes to the increased air pollution emissions." Given the li'terature cautioning against unnecessary use of'wheel Stops and the fact that most of the parking lots are divided with parking bays and~ channelized to the extent~that .the~speeds and circulation are minimized, Mr. Greco believed that the City of Boynton Beach should reconsider their perception of the advantages o'f wheel stops. Mr. Greco asked~that their~Project'Engineer show how these'things work. He said they do not want'cars backing up. Mr. Greco assured everyon~ t~hat.they have done this over'thirty years of study~ will be five major department stores (people like'JOrdan Marsh, Macy's, Penney's, and Sears)il, and he thought these people ought to know what %hey are-talking abOut. Mr. Greco said they do not want Wheel stops or reqBire them either.-. He said they are their customers, and they have gone to everyone of these things DeBar~olo has bid on. That is the reason Mr. Greco said .they do not put them there. If they felt that'they were needed, Mr. Greco said, "Certainly, we would put curb stops. What in the world are curb stops when you-are spending millions of dollars to build a mall?" David S. Pressly, Esq,; Moyle, Jones and Flanigan, P.A., 707 North Flagler Drive, West ~Palm Beach,-Florida, told'the Board Members that basically, with regard to their whole approach on laying out a shopping center site, he wanted to first talk about the shopping circulation, and then the pedestria'n aspects of it. Primarily, as far as the pro3ect is concerned, Mr. Pressly said ~.they have three access~,~drives On'Congress Avenue and two access drives on Old'BoYnton Road~ Their approach is getting the traffic in, off,of the public thoroughfare, up into a major, internal circulation road~which Completely ~ings the ~shopping center parking lot of the perimeter. Mr. Pressly explained ~that the idea is to get the[traffic in, get'them on this roadway, and let them circulate to where they want to go up and park. As ~_part of the overall parking plan, Mr. Pressly said~ as Chairman Ryder-.had-~ indicated, -_' they have broken.~'up~ the parking field with'~major eight to ten foot landscaped areas approximately every~fourth or fifth parking rOW. The idea %hat had been raised before with regard to safety, Mr. Pressly showed'the Board Members, was that if someone came in here and wanted--to cut clear across' the parking lot to get to this parking field'in front of this department store, he would be prohibited from doing that'. Obviously, Mr-~ Pressly continued, if a car comes in, there'is a landsCaped, curb island which ~orces that car to come in and either~iturn right or turn left. in each change of direction of the parking field, Mr. Pressly sa~d they have'developed a major entry road to bring the. cars, if they so desire, up~ to'"the building mass~ or if they want to come in and drop somebody off and then circulate from there to find a parking - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 space. In either~'one of these instances, Mr. Pressly informed the Board, they have'approximately 300 to 350 parking spaces in each one of these areas. As Mr. Greco indicated.,, as far as Urban Land Institute is concerned, they are Saying 800 to 1',000 spaces, Mr. Pressly-advised. He'said they have cut that into half because they are concerned also about the safety of their customers. When a patron drives in and comes up to a particular area, ~%orney PresSly showed wherehe3moves into a parking space. He added that if.the patron, -by chance, sees another parking space that is a little bit Closer i~<'to the store, the .only choice that the parton has is to back out and to go up, an~d most instances will go up to the building. Mr. Pressly showed where a car com~s ~p'to a~..place'he designated on the overlay, it would have to go up two-more rows-to' pull into another parking space~ What that does, he pOinted out, is to increased%he number of vehicles and pedestrian conflicts that occur immediately up there, adjacent to the building. Chairman Ryder noted there was nothing to stop them from going from one-of the vertical landscaped strips'to the other one, going crosswise or north and south. With the installation of the curb stops, Mr.'Pressly said that would prohibit them from doing that. That was what Chairman Ryder was getting after - that he could slide along and if the pat-ton did not like where he was, he could mo. ve-over to another spot within those two strips. It was true that they cut down the area involved-by'having these different entries~ but Chairman Ryder pointed out there was still the possibility that he coul'd go crosswise. Mr. Pressly disagreed'because if an individual came in there, there is a ra~ised-~b~sland ..i(wh&ch Mr. P~essly'indicated_on the overlay) which is landscaped, Between that and the one to the left, Chair- man Ryder said the patron can go anywhere inbetween. Attorney Pressly argued that he could not'~ With the installation of curb stops, A~torney Pressly stated that he would hot be permitted to do that. Chairman Ryder said, "Without the 6Urb-~stops-'' Press!y agreed that without the curb stops~he'could. That was exactly What Chairman Ryder was driving at. Mr. Greco did not think Chairman Ryder understood why they do not want curb stops.~-~.kttorney~-Pressly~furtheri~''explained that if an individual comes in here (he pointed to a place on the overlay) and sees a parking space, what he will do is continue on to the cruising lane up adjacent to the building. He will then come down from a place he showed on the overlay 'to a parking space over in another area (which AttOrney Pressly indiCated). What they would like him to do, Attorney press!y continued, is if he gets.into an area and he sees a parking space over here, he can move across a couple of' rows of parking to get into that parking space. Chairm~n Ryder remarked-that was uncontr.Qlled, ~e emphasized that it was an uncontrolled movement and an unexpected movement. - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Attorney Pressly said' they are concerned as much as the City is, and more so, because of the safety of' their patrons in this project, when they have someone who parks'their car, gets out of their car, and walks to 'the building. What Attorney Pressly said they were-trying to do was to reduce the amount of vehicle and pedestrian conflict that occurS ~out there~ on the feeding, lane immediately adjacent to the building. A large percent of the time in the operation of this shopping, center, Attorney Pressly said you wfll have close in parking, on!y~a~ Peak'Periods of the year (%he day after Thanksgiving,'the Saturday. s before Christmas and Easter), the areas/out here will fill up ~i%h par.king, Attorney -Pressly showed the Members of the Board. He~said most of the parking would occur on.a day to day basis from a point he desig- nated into the building. If someone comes-up.here and cannot find a parking~space or he comes' in from this end and. cannot find a space, Attorney Pressly showed where'he~wo~l~be.required to go all the way-t© the'end.,.~ turn around, and come back. LikeWise, if he comes in from this. direction, sees another space over here two rows, Attorney'Presst'y'pointed out.where"be'Would have to come up here, andl said that was one additional conflict point with the pedestrians in that they are crossing~ to get into the access-points of.the'mall. Chairman Ryder commented that those movements are predictable, and ~-he others are not. Attorney Pressly said there"are many ~ay$~ you can look at it. He.called attention-t©~ ~he 'fact that they have divided these areas up into what 'they consider to be an optimum~situation where you do not have the_ OppOrtunity of somebOdy gutting clear across these things. The most they can cut across,'~Attorney Pressly pointed out, is one or two or three, parking rows at one time. Chairman Ryder was aware of that, With~%he..~urb~stops¥ Attorney Pressly said if an'individual comes-in here, parks in a parking space, this requires'them to back'.~.ut of the parking~ space. Without the~curb stops, if a car comes up here'and someone leaves in front of him, Attorney Pressly showed where he would havethe opportunity,to pull straight through' and drive directly out of the parking space,~ where he has better visibility. Chairman Ryder pointed out that if someone comes~up that~road, he~w~uld not know that you can do;'-aL1 he woutdi~no~ i's that~ you ~back out but does not know that somebody can slip through and come head' first. Mr~ Pressty said it was still the point if somebody was backing up.[ Chairman Ryder interrupted to argue that the point is, they are not completely controlling traffic movement. As fa~ as they~were'concerned, Mr. Pressly argued, they were controlling it~o the safest and-best operating pro- cedures for'.a regional mall. Attorney Pressly referred to the point Mr. Greco made a~d~again said that they have 48 of these~operating-centers around the country. He said their experience has been that Where they have installed curb stops in other projects, they have taken them out. ~ttorney'Pressly advised that Mr. Greco'had some other correspondence as it relates to their insurance carrier and the experiences they - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORI'DA NOVEMBER 9, 1982 have realized in other projects. Mr. Greco noted-that Mr. Annunziato said beJ and he said after they started, it is not a' doeSn.!t~even know how m~ch~these--things cos~ in building a mall of this size. What Mr. ( Board Members saw designed up there was the. years of building the~e things; and they bu: in the world. As he said'before, Mr.' Greeo the major departments that deal with'them a[ concur with how it is being done. .Mr. Grec( not. want to do something that'is dangerous'.- may feel that the other way is-better"but-ti would be conflicting, with the major' builder. these things, Plus every~.major department st Mr. Greco reiterated that'this was not a st] small center. They design- them this way~ on Greco said they do not want people backing is the most dangerous 'movement~you~can make engineer Will concur with that. As Attorney Press!y pointed out, Mr. Greco park up close to-the mall. You can go to az that. Mr. Greco p0in~ you cannot cut across .the'way it is built. circles and all of th~ people walk across an~ If they were having a~ thing, Mr. Greco said with a great many peo] astro~.omical. Mr. Gr~ four 'years. There-wa~ 6,000 parking spaces~.~ that they'do it this do it. Mr. Greco told the Bo~ about this. The-head ~he Chairman of the B( His answer, relative '~ This is in respo of bumper blocks stops) in shoppi~ against their us~ their Company). ~ed out that visibilit] more than three They do not want peoP] cars bunched up, by t~ that type'of ~ ~ype of problem or they woUld change it, ~le, and the insurance ~co had an office'in ti n~ver an accident in' ~n that particular zay because they feel ~rd they asked their ir of'.their Engineering I ~ard of Frank B. Hull ~ bumper blocks, was: se to your inquiry col ](which Mr, Greco expl~e ~gcenter parking 10ts~ in 1971 (Mr. Greco sa As you are aware, in addition to handl account since 1952, we have handled ot~ shopping center operations around the E Beginnmng in the middle 1960's, we note. lore they started, matter of dollars, he - it was no~bi~ deal ~reco Said the culmination of thirty .it more than anybody repeated that all of ~ over the country ~ stated that they-do HeJsaid ~he Ci~ ~e,u~ity~s~-.opiniOn' in the world of :ore that is buil~. ~ip[ center or a purpose, and Mr. ~. They think that .and:'any..traffic ~aid most people will [y of them and see is very good, and Ir lanes at a time .e driving around in ~e building where ~.. Greco continued. ~omething with this as they are dealing cost would be ~e mall for almost ~hat mall. They had ~. Mr. Greco repeated t is the best way to .surance carrier )epartment wrote to Company in Ohio. cerning the use ined were curb We recommended id this was to ng.the DeBartolo er mai or nited States. the appearance - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOV.EMBER 9, 1982 of two ne~ kinds of claims in the loss front we had never -seen before. These two new kinds of losses~were directly attributable to the use of bumper blocks,' and they were as follows: (1) Automobile driving over them and damaging tires and Under carriage. (2) Bodily injuries from tripping over them. Our loss statistics indicated the following change,in experience in.~.the.three-year period monitored: In 1967, we had 32% increase in claims because of these ~hings. In 1968 - a 34.~ increase in claims. In 1969 - a 39% increaSe in claims. Mr. Greco said that was the point where t~ey recommended that curb stops be. discontinued. .~e pointed out that this is a very large insurance carrier.~ It not ~nly covers them but other p~ople_. In view of what they know and their insurance company telling them!this, Mr'~ 'Greco saidi~hey took the curb stops out of the few centers, they had them in about ten or twelve years ago, inclUding several ~arge strip-centers ~hey~had', unless they were up against"the sidewalk or a building. Knowing this; if they install curb stops, unless' they are made to, Mr. Greco advised Membe~-s of the Board~tha% if someone trips and breaks their neck or Somebody knocks the bottom of their car out, then'.they have a prQblem because.they know it is not the thing to do. It is not proper ink,his particular thing. Mr. Greco stressed that they were not here in conflict or critizing the City's Ordinance or anything of that nature. He said the City's people could not have been nicer to them in everything they.have done. 'Mr. Greco stated they were about ready to go and were going'to go anyway on December 17th. He repeated that they felt this was wrong (the curb stops). Mr. Greco again called attention to the fact that they have had thirty years of experience plus everybody that they have asked the question of is an expert in ,it, ~hat has Said'this, including there is over 30% increase in c!aims the years~that they have had these in.. Mr. Greco.did not know what else they could say except they~did not feel-it was ~ight. Regrettably, Chairman Ryder could not show Mr. Greco any examples of ~here they do this~. All he finds is the parking strips are being~ used to. be traversed.; not to park. They run over it, and Chairman Ryder remarked, "That's not the intent, is it, of~the parking stall? -The parking.stall was intended for the car to park; but without any barriers, they are just used. as roadways." - 27 - MINUTES - PLANNING.AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr.,~Greco replied that they want people~'to traverse~ between them, and they do'that on purpose. They don't want the people going all the way around', and they-do not want people'~backing up. Chairman Ryder retorted.~that they have cut it' down.so they ha~e' iR li'm~ed between their landscape 'strips. What Mr. Greco was saying was that the City will' not face this particular question probably ever again in ~o~yn%~ Beach. M~. Greco~understood what. Chairman Ryder was say- ing and why he wouid be apprehensive to do this but he pointed out that he was not going to face it again. Mr. Greco predicted nothing th~s large, probably WQuld be builtor, in ~/ae same fashion. He said the City could not write its Ordinance 'to accommodate them because 99~ of everything else they did Would be wron~g. Mr. Greco advised that the City was absoiutety correct in'most cases. He'assured Members of the':BOard that the~applicants would no~ be wasting their time this evening if they'did not feel this was tremendously important. In other words, Mr. ~reco said if they mnmtall curb stops, knowing what they know, -having had three or four years' experience wiith the~ over twelve years ago, and having had their insurance carrier telling them to not put them in, they took them out where they had them. Mr. Greco repeated that they know from thirty-years-of experience it is safer to do it exactly the way they are doing it. Every major department store in the United States of'America knows that based on their studies. The reason Mr. Greco said they 'were somewhat adamant about this thing was they hate to put curb stops in because-they know what is going to happen-. People are going to trip over them; they will get lawsuits; and then'they will have-~to say, "The City forced us 'to do it.'? Mr.. Greco advised that will be a problem. Mr. Greco at-so told Members of the Board they have.large, mechanical sweeping devices at every one'~of their malls. They do it on a frequent basis because the~ have. to He said these things catch paper, etc. that'blows. You'..cannot sweep behind them with a I'arge sweeping device. Mr. ~reCo said it was almost impractical. Be tha~ as 'it may, ~tha~'~ a. secondary ~hing .... ~ Mr. Gre.co stated that there are'a number of reasons why these .... things are-detrimental to a center of this type, whereby it would not be applicable to anything else 'that the City would ever be asked to do. Mr.~Greco did not wish Members of the Board to feel they were any way critiCal of the City's Ordinance because it was.probably one of'the best'they have ever seen, but it was not applicable to something of this nature, and Mr. Greco said i% should not be. As most of the Members knew, Mr. Linkous has been involved personally'and a .little bit financially in a recently opened shopping Center. He said three people have been hurt since the - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 openmng. Mr. Linkous believed two were in the same room at the hospital - one'with a broken leg and the. other with a broken knee cap. He told Chairman Ryder they have the bumper stops. Mr. Linkous'was advised'today that the contract which they had to maintain ~nd.keep the~parking lot clean is going to increase as of next month. He who.leheartedly agreed with Mr. GrecO 'and Attorney Pressly. Mr. Linkous said~-he woutdmove~tograntthevariance request~haVing had personal experience w~th it. With 4700 parking spaces, Mr. Linkous agreed there will be a lot of lawsuits. Mr. Greco again informed the Board Members that theY had from 30%~o 38% increase in three years on 3ust that one issue, and they. just could not afford-to have that happen. If they put.them in, Mr. Greco said they were~putting them in simply because the Board is saying, "You have to do it." Mr. Greco warned the Board Members this would makelthe City a party to the problem. He said their Court Reporter was there tonight for only one reason - to know that he (Mr. Gre6o).made the pitch on behalf of the company that they do not want this thing. 'Mr. Greco emphasized that they know what happens7 ~and he humbly said, in something of this nature which will never occur in ~he City o'f Boynton Beach again, he would not require it.based on thirty years of experience (not his but the company's and all of the o[%her people that are involved). Mr. Greco did'not see how they could argue with Federated, Allied, and the people out of Washington that do this research year in and year out. Vice Chairman Winter agreed. He-was familiar with the Publix Shopping Center before and after'. It has g~.tten'to the point where Vice'Chairman Winter does not care to go-in there any more with the way he has to now park. He.was also thinking of the Town Center mn Boca Raton, and he could ~just see his wife driving the-length of one block and coming all the way back in again for a parking spacewhich is close zn to the stor.es..~ Mr. Wandelt commented that by the .time she gets there, it is gone. Vice Chairman Winter thought Members of the Board should address them- selves to the amount of p~rking spaces in any particular shopping center. He had to agree with Mr-. Greco, that in certain shopping centers where you may have only 20, 30, 40, or 100 spaces, but when you are talking about 4,000 or 5,000 spaces, you are address- ing yOurself to something entirely'different, and he would not want to have to drive. Mr. Mauti thought what basically would be the biggest problem, without curb stops, was if they died not hav.e those p~anters there, it would be like a speedway. Vice Chairman Winter remarked that had nothing to do with it, Chairman Ryder said they minimized that by doing what they did. Mr, Mauti thought that was a big asset. Mr.. Linkous noted that the applicants agreed that double striping ms all right. He added too that they were looking at Probably $47,000 to install those. Ultimately, the people have to pay - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 that in rent, Mr. Linkous advised the Board Members. He said they have to-pay it in shopping. Mr. Linkous added %hat they had 12 bumper stops broken, which have to be replaced, and that was in one week's time. Chairman Ryder noted.~they-'had two ~issues. He asked if Mr. Greco had withdrawn the double painted line. Mr. GrecO replied, "Yes sir, b~cause-~-I wouldn't want to argue that one. T think you'd win." Mr. Annunzlato advised that the 'public hearing should be opened to the floor before the motion. Chairman Ryder-asked if anyone in the audience wished to speak in favor of this. Ther.e was no response. Chairman Ryder asked if anyone wished to speak in opposition 'to the parking lot variance request. There was no response. Before sitting down, Mr. Greco hoped no one took this as an affront or that they were arguing. He-expressed, !~ou-all have been just super - this Board, and you know you have to b.e care- ful, especially whenyouare dealing.with somebody large, that you don't treat them an.y ~diffe~nt~!y~than~anyone~ else.~~ We understan~ that, and certainly, we wouldn'~t argue the first point with any- body in this City because you have been~ great. We are looking forward to being your neighbor, and we just feel so strongly and know for a fact that this is the best thing. That's the only reason we are here~~'' Mr. Greco. told Members of the Board that Carmen Annunziato, City Planner, would fill them in on all of the other things they worked out. He said everyone would be shopping there in the next~ 18 months. For the record, Carmen Annunziato, City Planner, wished Mr. Greco to again refer to the double striped-parking stalt~ ~quirement ~and whether or not he was officially requesting that it be~withdrawn. Mr. Dick GrecO, Vice President, Edward J. DeBartolo Corporation, replied, ~iuWe officially request that the double striping be withdrawn." THE PUBLIC HEARING WAS CLOSED. Mr. Linkous moved %o grant the parking lot'variance and to delete the requirement that concrete curb stops be installed. V~ce Chairman Winter seconded the motion, and ~the.~motion carried 6-1, with Chairman Ryder~vo%ing against the motion. Chairman Ryder thought the entireCity staff should be complimented on the input they provided the Board with so~'that they.could make the proper judgments and recommendations! ~o the Council. He included the City Planner,~a~l~f~the~Membe~s of the Technical Review-'~Board, and the City Manager. - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 NEW BUSINESS SITE PLANS Project Name: Agent:' Owner: Location: Description: Boynton Beach Mall David S. Pressly, Esq. Boynton Beach, Inc. N. W. corner Old Boynton Road and C~ngress Avenue 1,249,428 sq. ft. Regional Shopping Mall Chairman Ryder had an occasion to-go ove~ the plans a number of times. He could see, as Mr.' Greco indicated, that they are in the habit of 'doing this. Chairman Ryder is a Civil Engineer and he was espee~ially pleased to see ~the plans~ for treating storm water and drainage.. He did-not have'to tell everyone that in the last week, you could not Walk through some of these malls. With the retentiOn basins and the pipes leading to them and the gradients that are establi~shed~, Chairman Ryder' did not think they woUld have these problems here. Chairman RYder was especially pleased with the protiferal parking and the fact that you can get~ around it and do not approach where you want to go by devious means or go'out of the way. He thought the drainage and circulation were admirable features. As. part of the input Members of the Board h~d before them, Chair- man Ryder called attention to the recommendations from the City Planner, a Development Agreement~ comments from various members of the Technical Review Board. Chairman Ryder said the Members also had an addendum to the Devel6pment Agreement. Carmen Annunziato, City Planner, acknowledged"'that Mr. Greco was accurate when he said they probably would ~ot have the opportunity to review another one million square foot mall>~in.'Boynton Beach, probably ~ot in Mr. Annunziato's life,mme. Mr. Annunziato said they have been involved With an intense review of thiS project, initially with the~annexation, for almost a year. Some of the milestones Were~a ~roadWay agreem~n~with'Palm~Beach County which provided for a potential for this property'to be annexed into the City of Boynton Beach. without an objection by the Board of County Commissioners. Mrs. Annunziato continued-by saying they then went into a stage where.there was a lot of discussion, not only.with DeBartolo but with ~out-parcel owners, which culminated into a request for annexation by First American Bank of Palm Beach County and First Federal of.Lake Worth. Now, as everyone knew, First American Bank of Palm Beach COunty did-annex, and First-Federal of Lake Worth is annexing their property consistent with the annexation of the DeBartolo property (the mall proper and the two out parcels). - 31- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH~ FLORIDA NOVEMBER 9, 1982 For the 'Board's edification; Mr. Annunziato said the Mall, which is ~he subject of this site plan~applicationi is located on the northwest corner of Congress Avenue (which was at the bottom of the overlay) and Old 'Boynton Road, with frontage on Old Boynton Road and three properties approXimately 100 feet each onto Congress. The properti'es.which are approximately 100 feet each form the entrance roads~which will be constructed as four-lane divided highways width turn lanes, Mr.. Annunziato continued. Historically, Mr. Annunziato thought it was important to digress a little bit to understand how long this has'been before the public ~and where they ~are with it now. This proposal'of the Boynton Beach~'Mall was initially~reviewed by the Board of County Commissioners, Mr. Annunziato informed Members-of the Board,~in the~early 1970s. ' it was one of the initial developments of~--reg~onal impact. -It was reviewed in connecti6n with the new State~plannin~ ~e~u'l~ations in 1973. Mr. Annunziato continued.by saying~'that the County, as a result Of Resolution'74-343, ~pproved~a development for this-, which approved the-BoyntonBeachMall in somewhat the configuration which the Members-saw there. One of the th~ngs which did not appear at that time was the~greaZ~retention pond area,-which they now see, as~a result of the aUt-horizi'ng of the South Florida Water Manage- ment District. That modified the land use requirement that the Members saw there. In 1981, Mr. Annunz[ato informed everyone, the developer, in connection with Pal~ Beach county, entered into an agreement for roadway improvements which turned the special, exception requzre- ments which-were imposed upon this projec~ on 1978 into a dollar amount. This agreement provided that Palm Beach County would accept 1.7 Million Dollar.s, which ~hey did] and then turned and used that money, as a match againSt State economic development funds to construct improvements on Congress, which the Board Members could see in place now. Mr.'Annunziato said the County was also responsible "for constructing the signalization at three entrance roads on Congress' (he believed ~t Entrance Road B and the intersection of a four lane divided right-of-way which will intersect w~th-New.Boynton Road approximately 1,000 feet west of Congress)~ Mr. Annunziato said those traffic signals will be constructed when warranted by the County Engineer. Referring to the site only~ Mr. Annmnziato said it-was demarcated by' the heavy black lines-, wraps a~ound, comes back down, and goes in. and.out; he pointed~out it is 108 acres. He said the project description would be-in two parts. Mr. Annunziato said there ms a Phase I, which 'is composed Of a building area of 1,134,428 square feet (five department stores and approximately 100 reta~.outl~tswithin~hebuilding)-and the construction of parking areas['~%he retention pond~ ~nd the road rights-of-way. ~ 32 - NOVEMBER 9, 1982 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA Mr. Annunziato continued by saying that Phase II provides for an addition of 115,000 square.feet, wh~c.h results in a sixth department sto~e and_-~the construct~on'of-a two~ level~grade-~park±ng plus a two level parking garage'whicb will be constructed over the grade parking. Mr. Annunziato pointed to the location. Mr.. Annunziato informed the. Board Members that the total number of square feet in Phase II is 1,249,428. Access to the site will.be from Congress by three four-lane divided highways, which will be signalized, .and, these turnouts were built as a part of the Congress Avenue construction, Mr. AnnUnziato further told the Board. As you drive Congress, he said the Members would see what those locations are~ Additionally, Mr. Annunziato said there will be two connections with Old Boynton ROad with the easternmost connection lining, up with a four-lane divided highway, which is proposed'to be constructed through Mr. Wincheste~'.s property, coming~out on Boynton Beach Boulevard. Mr. Annunziato said if the Members would look at the cons%ruction that'~waS~done~?~n~'~connection ~i%h~he~.Mall and Boynton Beach Boulevard; they could see-where that will occur. To~line a driveway up for the Board Members, Mr. Annunziato showed that the roadway exit's'William Winchester.'s property east of-and adjacent to the pumping station on-Old Boynton Road. He thought everyone knew where that was, and it would give the Members an indication of ~here this corner is. With respect to utilities, 'Mr. Annunziato advised that the developer' has proposed, ~nd the City has accepted, that the entire site be served' by gravity terminating into a'pubtic lift statmon which will be constructed' at the center road intersection with Congress. That pumping station will pump directly into the exist- ing 16 inch force main. Chairman Ryder wanted to make certain Mr. Annunziato was talking about sanitary sewer. Mr. Annunziato stated he was talking~ about sanitary sewer. Concerning a water delivery system-to the site, Mr. Annunziato informed the Board that there isa 16 inCh water line in Congress, which will serve the western leg of a ten~inch~a%~r sys~em'~that Will enter onto the property, loop the entire~development; and 'then the second leg will he constructed to tie into a proposed 20 inch water main, which will be constructed in Old Boynton Road adjacent to the property. Mr2 Annunziato advised this will be a cost shared program involving the City, and a 20 inch water main in Phase I will be cohst~ucted through Javert Road, tying in again to the 16 inch Water line which is at Congress and Old Boynton Road. Concerning storm drainagei' again as a .result of' South Florida Water Management District's criteria, Mr. Annunziato said the developer has retained a certain amount of storm water on site. - 33 - NOVEMBER 9, 1982 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEAGH, FLORIDA He stated that there is a storm, water collection-system, which is distributed to retention ponds', an~ th~s storm water retention system is desi.gned and will be-buil~ to accommodate the storm water runoff .from the fOur out 'parcels. ~After retention of a certain amount of rain, M~. Annunziato said there~ will be spill over_ i~to,~ce£ving canals, being the'B0ynton Canal, and~a melocated Lake Worth DistriCt drainage canal. Mr. Annunziato told the Board Members he .touched briefly on the roadway improvements whichare in place~as a result of the 1.7 Million Dollars Which'DeBartolo paid into Palm. BeaCh County, and that money was then"matched~against~.'the'~ity andCounty develop- ment, andlreSUlts in~the~i~provements tha.t we see~ in_ place now. However, still to be constructed by the developer are the road- ways from Boynton Beach Boulevard to 01d'Boynton~Road and turn lanes from.Old Boynton Road. at entrance ~oad'~ and entrance road B. Kdditionally, there will be a bike path along the frontage of the mall on Old Boynton Road. For the mall proper and for the out parcels, Mr. Annunziato further informed the Board Members~ there will be no additional road impact fees for improvements required'. This was a part of the agreement, that was struck with the County as a part of the 'December 19, 198I agreement. As he mentioned, Mr. Annunziato said the proposal is to construct six department stores~. One of the department ~Stores (Department Store B) i~ proposed to be'conStructed to a height'of approximately 65 feet. This is a three story facility, Mr.'Annu~ziato informed the Board, and theadditio~al height results from the requirement to construct.mechanical eq~ipment'between floors, Which totals 12'feet, plus an'additional 14 feet plus or minus for paraquet walls, mechanical equipment, pent-house mechanical equipment, building towers, towers, a~d elevator penthouses. Mr. Annunziato advised that'this will be an action that will have to be taken by the City Council in connection with height exceptions. It permits the installation of mechanical equipment, either within or on top of the building, and it permits the exemption of that height from the overali height requirement~~ ~f 45 feet. In other words, Chairman Ryder observed, the additional height is 'because-or-the spaces for. mechanical equipment between the floors and is not considered a~s occupancy space. Mr. Annunziato agreed that was right and further advised that the total occupancy space is 39 feet~ (three stories of 13 feet each). The remainder of the space is mechanicsl in structure. Mr. Linkous asked if that would be comparable to an extension for an elevator shaft, as an example, which the Board has had before. Mr. Annunziato replied, "Exactly. The penthouse for an elevator shaft obviously goes above the top sto~y, and you have to account for that height." Owing to the kinds of spacing that are involved in department stores, Mr. Annunziato Pointed out that you have - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 vast amounts of air moving around, and you have large H.U.A.C. systems and"sewer systems and water systems. He said it was Similar to the hospital requirements. Chairman Ryder noted this was just one"insqance, and .the others wilt have two stories and one story. Mr. 'Annunziato advised %hat the remainder of the.buildings are two-stories. Mr. Annunziato wanted Members of the Board to refer to'the memo that they had received' in'their' package. Unless the Board requested,. Mr. Annunziato did not think it was important that he go into every specific item~that, was arrived-at as a result of the plan review. He said they would never again have a plan submitted in such great detail~ as this was beCause'~of the kinds of capital outlays that will occur. Mr. Annunziato said there was a need to strike a-distinct understanding about a lot of issues which generally are.~not raised to the site plan in due process. Mr. Annunziato said this resulted in a submission by the developer of three kinds of documents, which formed the site plan package. (1) There was a -ra~her voluminous submission of plan documents. (2) The~City received a Development Agreement (which Members received in their packets) which stipulated certain under- standings about what Codes they were building under, how certain Codes were interpreted, and how they apply to the developer. (3) The City received a set of project specifications which, in fact, formed the fifth packet that the developer used in connec- tion with his project. Mr. Annunziato informed the Board that there was information in those specifications which applies to drainage, lot clearing, excavation, and fill,P and the like. Following the submission'of that information, the staff reviewed that information and prepared a memo, which came out under Mr~ Annunziato's signature, which the Board Members received, dated November 3, 1982. The developer received a copy of that memo, responded today with an answer to all of the questions and addi- tional changes and modifications to the Development Agreement, which Mr. Annunziato provided for the Board Members in an "Addendum to Memorandum to Board dated November 3rd, 1982" under his signature (dated November 9, 1982), and that 'was handed to the Board Members tonight. What this does, Mr. Annunziato'explained, is attempt to answer all of the questions and provide clarification in greater detail With respect to other issues and, in some instances, modify or delete sentences or words, as the case may be. Mr~ Annunziato pointed out one thing about the addendum. He said all of the Changes reviewed or proposed in this addendum have been reviewed by the individual staff members involved except for an operational paragraph which was provided by the developer in response to a question raised by the Public Works Director. That involves how the garbage is going to be collected on site, what kind of mechanical system they are going to have and who provides the service. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr. Annunziato said the second item which had not been reviewed by a particular staff member involved a comment from the City Forester with respect to massing a particular type of tree. Kevin Hallahan, Urban Forester, suggested that no one tree species receive 10 to 15% of the total tree species to be planted on site. The developer, in his landscaping scheme, advised the City that they are intending to use one type of tree to tie in the entire site, but that one type. Of tree will not exceed 30~ to 40~ of all of the trees to be planted, but Mr. Annunziato pointed out you may see a lot of that one kind. He did not think that caused a problem with the City Forester's comment, but stated that Mr. Hallahan is out of town and has not had an opportunity to react to this. Mr. Annunziato tried to explain that in his Memorandum dated November 9, 1982, on page 1. He said the staff members will have an opportunity to respond prior to the City Council Meeting. Chairman Ryder said the City Manager had some pertinent observa- tions to make with regard to the Development Agreement, and asked if this Addendum replied to those to City Manager Cheney's satisfaction. Mr. Annunziato replied, "Yes sir. Mr. Cheney was involved in several hours of meetings with their developer, as was Mr. Cessna (Perry A. Cessna, Director of Utilities), the Fire Department and whole staff." Chairman Ryder observed that the Development Agreement also refers to two issues, one which was resolved last night by the Board of Adjustment. Changes have to be made there, and Chairman Ryder believed one was resolved today with regard to the~concrete curb. Mr. Annunziato said that was right. Chairman Ryder noted it was spelled out, and not a' thing was required there. Mr. Annunziato pointed out that they do not appear in the Develop- ment Agreement; they were separate issues from the Development Agreement. As Chairman Ryder understood, they were included, but he said it did not matter. Since then, Chairman Ryder said both of these issues have been resolved by the ~arious Boards. Mr. Annunziato said this has been an exercise in const~ant refinement, of understanding, and has been going on for several years. vice Chairman~Winter asked what other buildings are 60 some feet high. He was'curious and asked if anything at the Palm Beach Mall was that high. Mr. Greco answered that the reason was that there may be a department store that would require the extra height. Vice Chairman Winter asked Mr. Greco if he was referring to Macy's. Mr. Greco was not at liberty to announce the department stores, as they do-it on their own. He said the only problem is there may be one interjected here that will require that height that is wot in the other mall. The only thing that bothered Vice Chairman Winter was the height exception there. - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr. Greco did not want to be ambiguous but said it basically was the only way .to handle it. He thought Members of the Board wOuld be pleased with the outcome. Mr. Annunziato wished to comment-concerning height. He said this was Something the Council would.have to address. From a technical viewpoint, if this turns out to be ~a three story building, Mr. Annunziato asked the Board-Members to look~at the building with proximity to property line. He did not think the~mass of the building~will suggest the height because at al scale of =-100 feet, Mr. Annunziato said they would find there are probably 1200 ~feet from Congress and 1500 feet to the western property line and a similar distance to the Boynton Canal and roughly 2500 feet to Old.B0ynton Road. Vice Chairman Winter just wondered if they would be establishing a precedent so~ that somebody else cou'ld do the same thing. Mr. Annunziato pointed out that 'the perceived height is going to be somewhat reduced by the fact that the building is sitting way ~back In. When the isSue'of height ~as addressedat~'referendum~ Mr. Annunziato informed, the Board that this land use was specifi- cally' provided for ini~hat~meChanical~equipmen%';ieither within or.above the building, could be exempted from the overall height restrictions based on the Council's approval of an exception, He emphasized that it was unoccupied space. Chairman Ryder asked Mr~ Greco if he had any idea of what kind of facility they were' going to have in the concoumse. Someone in the audience advised Mr. Greco it would be 12x12 terrazo pavers. As of now, Mr. Greco added, they are using some-ceramics. Chairman Ryder noted that they~have an irregular surface to begin with, and they have deeP joints. He was talking about the Town Center and said a lot of women find a problem negotiatino with it. David S. PresslF~, Attorney for the developer, said they would not have'.that type of floor in the concourse. He advised it w6uld be a smooth floor, similar to what they saw there. Attorney Pressly noted this was a terrazo floor here, and all those will be will be 12x12 tiles placed in there. There will not be deep 3oints, and it will be a smooth surface similar to this. Attorney Pressly advised that there.may be some feature areas in that where they change the form of material they are using, maybe using a carpet or some type of decorative tile or something like that, b~t the basic floor itself in the project will be a smooth surface s~mi~ar'~o~the one they saw here. Because this was going to be something Mr. Greco was sure every- one was looking forward to as-they helped bring ii'about, he informed them that their malls have improved over the years. Mr. Greco thought everyone was familiar with Palm Beach Mall, which is a real Winner for their company, and they are very proud of it. He said they added two new department stores-in the last year or ,so. Mr. Greco advised they just opened one in Melbourne, Florida and Miami Internation Airport in Miami. Those were the two not too far from Boynton Beach. - 37 - NOVEMBER 9, 1982 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA If Board Members were anywhere near that area, Mr.'Gre¢osuggested~he~ stOp in and take a look at those two and see the changes. He thought the One fn Melbourne was outstanding and the one at Miami International was alsO. It was just a little different configuration.- Mr. Greco said~%hey were the two newest that's[they just opened, and he thought they would get an idea of what this one would probably look like. Mr. Greco told~the'Members they would have people asking them questions, being on this Board, and he would like for them to see them. Mr, Greco reiterated that they were real proud of both Of those. In response to a question posed by Chairman Ryder, Mr. Greco said they had the best opening in Melbourne that he thought they ever had in the history of the company. He made further reference to the Mall in Melbourne and said the restaurant facilities are ail in one place, called the courtyard. There are about 14 or 15 places to eat in one particUlar area. Mr'. Greco said they have a lot of features; a lot of 'the materials are different; the exterior is somewhat different, and Mr. GreCo thought the Members would find t'hat thei!andscaping ~s much better,because of laws enacted within cities. Because the Members are on this Board., Mr. Greco thought they would be 'asked a l'ot.of questions. He said Councilman deLong just asked him how long it ~would take them t0.build. Mr. Greco advised that they hope to start the 17th Of this month and hope to ope~ about 18~months from that day. Mr. Greco stated that it really moves~ out after that. As most of the Members knoW) Mr. Greco. said.~%ha~.~they/demucked a lot of this property in advance, and it has been a long time coming, so they are going to hit the ground right. It took a little less than 18 months to build Melbourne. Chairman Ryder saw the plans and in some cases, they had to do a lot of demuck- lng. In other places, they are going to foundations. At first, Mr. Greco-said they will start mo~ing a lot of dirt and digging foundations, and it will look like nothing is happen- lng. Once that is done and the steel starts going up, Mr. Greco said it goes in a hurry. He repeated that they are anticipating .an opening date of some 18 months from ~he middle of this very month. Chairman Ryder understood they were consolidating some of the muck areas with an over burden to subsequent consolidation. Attorney Pressly answered, "Yes sir. That's right." Chairman Ryder addressed Mr. Greco and said the Board has the input from the City Planner, the Development Agreement, and they now have an Addendum which covers some of the stipulations la~d down by the Technical Review Board and some by City Manager Cheney. Chairman Ryder asked Mr[ Greco if he had any quarrel with ~this as it now stands. Mr. Greco answered, "No sir. We - 38 - MINUTES - PLANNING AND ZONING BOARD 'BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 don.!~t. We concur with all of it after so many months, as Carmen ~Carmen Annunziato, City Planner) pointed out, of putting this together.' Mr. Greco wished to say one more time how much they appreciated everybody's cooperation. Boynton Beach was certainly not the biggest city they 'ever operated in. Mr. Greco said they have a mall in Cleveland that had 9,000 parking spaces and is twice as big as the one they are talking about here. He said they have dealt with all kinds of Planners and Planning Boards and Commissions all over the United States. Mr. Greco wanted to say something and he was not saying it because he was in Boynton Beach, He said this was as professional a group of people all the way through that they have ever worked wit~. This was not only his consensus,-but many) many of their~people have been coming for the many months that they have been here. Mr. Greco thought the City was very .fortunate to have a man like Carmen Annunziato. Chairman Ryder commented that it did not come as news to Members of the Board, and that included the City Planner, ~because ~the Board works with him. so closely. He added~ that?~t~e'.v~rious department headS,'_ Perry Cessna~(~irector of utilities), the RecreationlDirec%or-(Charles~Frederick), ~and all of them know their b~Siness. Particularly since the magnitude of this is something they"do not ordinarily run into, Chairman Ryder was sure they expected there wOuld be some comments and additions to be added, which they have done. Chairman Ryder was sure Councilman Joe deLong is glad to hear that and the Mayor (Walter "Marty,~Trauger) and Vice Mayor (James R. Warnke) as well. Mr. Greco added that.they have done a great 3ob of looking after the City. He sai~ ~hey-.have been tough but fair. When you haze dumped something of this magnitude on a community that has not done this type of thing, Mr. Greco thought they had done as good or better job than any place they have ever been. Mr. Greco thought they should be recognized too and the City should recognize what it has with all its department heads. Mr. Greco advised that they sat around with t,he department heads just week after week after week. ~He thought, they had hammered out something that's in the interest of everyone. Mr. Greco was sure that from here on, atl~of them~would'be pleased,~with~the part they played in it. Chairman Ryder said it wa's~"~ery gratifying to hear. He was sure that all of the people in Boynton were looking forward to the consummation of this development. Chamrman Ryder suggested that the motion include the TechniCal ReView Board recommendations, City Planner's', Development Agree- ment, together with the changes in accordance with the Addendum dated November 9th. He thought they should sum up that in their motion in the recommendation to the Council. - 39 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Carmen Annunziato, City Planner, wished to paraphrase what Chair- man Ryder 'said. He said.three packages of material were submitted in connection with the site development plan - the site plan drawings, the Development Agreement, and the project specifications. Mr. Annunziato stated that there were two s~aff and developer responses to those packages, and'.those are incorporated in his memo to the Board of NoVember 3rd and in his memo'to the Board of November 9, so if there is a recommendation to approve this project, Mr. Annunzi~to said it should reference the site plans, the Development Agreement, and project "specs", as well as the memos from the City Planner to the Planning and Zoning Board of November 3 and November 9, 1982. Mr. Annunziato thought that would include all of the information that'the Board would want to forward to the City Council. (Copies are attached hereto and made a part of these Minutes.) Mr. Linkous made~a'~motion to app?rove the site Plan as presented with the material as outlined by Carmen Annunziato, City Planner, with specific reference to the memo dated November 3, 1982 and the addendum thereto dated November 9, 1982. The motion was seconded by Mr. Hester and carried 7-0. THE BOARD TOOK A TEN MINUTE BREAK AT 9:45 P. M. The meeting resumed at 9:55 P. M. SITE PLANS Project Name: Agent: Owner: Location: Description: Burger King Restaurant Modification Nancy Suau Burger King Corp. 1901 S. Federal Highway, BOyntOn Beach, Fla. Playground in front of existing restaurant Tim Cannon, Assistant City Planner, said.~this is a site plan modification that comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board. He advised there were no comments by the Technical Review Board. Mr. Cannon informed the Board Members that it was a site plan modification of a minor nature with the applicants requesting that they obtain approval for an additional play area in front of~ the restaurant, which is South Federal Highway. He indicated the location on the overlay. Mr~ Cannon said.'the play area would have a four foot high wall around i~ so that the children would not be able to play in the parking lot. The applicant would be removing_two parking spaces from in front of the restau- rant in order to put the playground area there. However, Mr. Cannon pointed out they would be restriping the parking spaces on the restaurant site from. ten foot down to nine foot. Consequently, they would not be altering the number of required parking spaces. - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Chairman Ryder asked how that interferes with>~he access presently .from the drive-in or the drive-out and t%e access to the highway. Mr. Cannon pointed out the area and where the parking.spaces exist. He designated the traffic area. Mrs. Bond asked how large a space that Would be. She Was talking about the play area. Chairman Ryder replied that Mr. Cannon said the parking spaces were about 9x18. Mr. Cannon added that they were just about 20 foot parking spaces on grade, so the Board Members could get an idea. He said it looked like 25x30 more or'less. Vice Chairman Winter added, "Just about 400 square feet (20x20)." Mr. Cannon said staff recommended that it be approved, and there were no comments. .Nancy Suau,~Site Engineer, Burger King Corp., 9300 South Dadeland BOulevard, 6.th Floor, Miami, Florida 33156 came before the Board. Chairman Ryder referred to the access as you turn mn from F~ederat and the very first curb cut. He asked if they still go in a~d out there, even.though that is an exit, and the sign was never moved because it is on the wrong side of the entrance. Chairman Ryder asked if it was as it was originally installed. Ms. Suaureplied, "Yes. We ~are not changing it." Chairman Ryder asked if they have cars going in and out, although it is just supposed to be an exiZ. Mm. Suau said they would like to prevent them. Councilman deLong adviSed those were the cars going into the bank. Ms~ Suau told the Board' that was a recommendation from the Planning and Zoning Board right along. Mr. Annunziato clarified that the configuration and degree of curvature there has not ' prevented people ~from using that one way exit only and using it as a two way drive.' Chairman Ryder commented that they had it happen right from the beginning, and he thought that the sign was on the wrong side of the entrance and people were not aware of the fact that it was an exit only. Ms~ Suau asked if the sign they were speaking about was in the -island. Mr. Annunziato replied that there is a !~One Way, Do Not Enter" sign there. Chairman Ryder asked if the one on Federal wasn't intended as an entr~ance only. Mr. Wandelt answered, "Yes.' Chairman Ryder noted that was also. used as an exit and stated that otherwise, it is working fine. Mr. Wandelt asked what the purpose of this was. MS. Suau replied it was to provide a convenience for their customers. Mr. Wandelt questioned whether it was a fast food- store. Ms. Suau answered, "Yes, it is." Mr. ~andelt questioned if whether it was for.dining, · so the kids can lounge around and anything like that. Ms. Suau informed him that they provide a dining area. Mr. Wandelt disagreed, saying that you do not dine at Burger King. Ms. Suau argued, "Sure they do. We have seating capacity and tables." ' Mr. Wandelt retorted, "You mean you're going Go sit there and dine for a half hour or so?" Ms. Suau determined he meant in the restaurant and replied, "Sure. Most of our customers drive in and spend 15 minutes in eating." Mr. Wandelt remarked, "That's - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 right, and then they are gone - and_the Rids don't have time to play," Mr WandeIt just could no% see~hep~rpose ~f it'. ~.~s. ~Suau asked, "Of the playground?" Mr. Wandelt answered, "Yes." Chairman Ryder noted there was one on Military Trail, opposite Richway. Ms. Suau replied that they have a lot of playgrounds. Chairman Ryder noqiced the one there and asked i'f it gets much use. Ms. Suau answered, "Sure. All of them do." Mr. Mauti asked if they had- a playground 'at another ©ne. arOund the area. Ms. Suau said the~other One is we~t of Boynton and does not have a playground. Mrs. Bond asked what they had in the playground. Ms. Suau said 'they had equipment such as an airplane. Chairman Ryder had seen them and asked how they keep the kids out whose parents are not'with them. At night time, Ms. Sua said they put the playground underneath the building. In that it had been reviewed by the various concerned Board, Mr. Linkous moved that the site plan.~modificat/onbeapproved, seconded by Mr. Mauti. The motion carried 5-2 with Mr. Wandelt and,Mrs. Bond voting against the motion. Chairman Ryder was sure that still would not get the proper entrances and exits working there. SUBDIVISIONS Preliminary Plat Project Name: Agent: Owner: Location: Description: Quail Lake West Jay G'. Foy, Engineer Great Universal - Fla., Inc. SW corner of S. W. 15th Ave. & Congress Avenue Preliminary Plat Carmen Annunzlato, City Planner, presented the preliminary plat of Quail Lake West and told Members of the Board that as they look at the overlay, west is to the bottom and north is to the left- hand side. He stated that it was the final portion of the Kirsner/Cogen Planned Unit Development that was approved approxi- mately five years ago in the City of Boynton Beach. A part of that was the Woolbriqht Plaza plat, which they now find office buildings being cohstruc~ed on, Mr, Annunzia~o continued. Mr. Annunziato said the second part of that, which is the Quail Lake plat, .ms the property at Congress and 23rd Avenue, which was recently filled to building grade. He informed the Members that this plat is consistent with the last master plan modification that the Board approved, and it provides~for the construction of 125 or 135 units (Mr. Annunziato did not recall the exact number, but the number was a part of the'master plan). - 42 - MINUTES - PLANNING AND 'ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9. 1982 What they were dealing with here, Mr. Annunziato told the Board Members, was the technical document which provides for the construc- tion of sewer, water, paving and drainage facilities. Chairman Ryder asked if this was west of a bank and fronts on Woolbright extended. Mr. Annunziato replied that it fronts on Woolbright extended and Golf Road, and.it is on ~the west side of the lake - between the lake andQuail Ridge. Through the site will be a roadway which will connect WOolbright Road with Golf Road. Mr. Cannon, Assistant City Planner, pointed it out on the overlay. Off of that drive, Mr. Annunziato said they have pods or tracts of development. Mr. Cannon pointed out the tracts. Mr. Annunziato also called attention to water retention areas. He said to 'be added to the plat ~'is the land .which will be dedicated to public purposes, which, is on the north side of Woolbright .Road extended, bordered.on the nort.h by Canal 26-(which Mr. Cannon pointed out on the overlay). Mr. Annunziato said the request ~was reviewed by the Technical Review Board and comes to the Planning and Zoning Board wi'th a positive recommendation, based upon ~he memo submitted to the City Planner from Bill Fl~Ushing, Deputy City Engineer, which Mr.. Annunziato read into ~e relcord. The,-~memo contained f,ive · Comments, as follows "t. The plat boundary on the north side shall be redrawn and described. The north line, east of Woolbright Plaza shall be the south right-of-way line of the LWDD Canal L-26. 2 .The area presently ~indicated as "not included" shall be given a tra_ct number (Tract 13) and dedicated to the public for recreational purposes. The Official Record Book and page number for the Woolbright Road right-of-way dedication shall be shown with wording indicating that this right-of-way is not part of the plat. 4. The title shall include. "and track, s one and two." 5. A date is required in the title area. As to paragraph 2, Mr. Annunziato said~it was consistent with the Master Plan approval. With reference to paragraph 4, Mr. Annunziato explained there is an additional page to this plat, which provides for the platting of two of those tracts. Mr. Annunziato informed the Board Members that the interstructure delivery system will consist of the following: There will be a gravity system on the west side of the lake~ for sewage purposes, which will then be pumped to a public lift station that will pump into a gravity system which exists-on Woolbright Road which will then continue to be pumped and then.{ie into a 36 inch force main which goes. to the sewer plant. - 43 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Concerning water, Mr. Annunziato advised that a 16 inch water line will be extended along WOotbright Road, and a 10 inch water line · will be extended along Golf Road; and then a water time of a size he could not reCall will be constructed~.in qhe north/south road; and.there will be loops up from that to serve the tracts. Concerning drainage, Mr. AnnUnziato informed.the Board that the water bodies will~.act ~for water retention purposes,~and~also~ the sand excavated will bring the property up to grade. With-respect to pavement,.Mr. Annunziato said this developer is required to pave Woolbright Road toga two lane section. the four-lanes swoop through the limits of his property. The developer is proposing'that in this phase that he construct Woolbright Road to his entrance road on the north side, -ban~_~ the remainder of it and of course construct"the north/south %spine and-the roads which will serve the tracts. In answer to a question posed by Vice Chairman Winter, Mr. Annunziato informed the Members that there is a one acre tract which is' not shown~on this plat. which ~as dedicated as a part of Woolbright Plaza on .wh~ch"they would find the million gallon water ground~storage. He said it was currently being constructed and'was dedicated by Mr, Cogen in the initial construction of Woolbright Plaza. Chairman Ryder asked .ff the rectangular area is where that new office building is going ~p. Mr. Annunziato replied, "Yes." Chairman~Ryder~ noted that the bank is there too. Vice'Chairman Winter asked if they had four or five lakes there. Chairman Ryder explained that they need it for sand. Mr. Annunzmato thought they finished removing sand from the site. Jay G~. Foy, Professional Engineer, ShalloWay Inc.~, Consulting Engineers, _932 North Dixie Highway, Lake Worth', Florida 33480, told the Board they have gone through the approval process and ~followed every step along the way. He Said they have talked with the City P~anner, with Perry Cessna, Utility Director, and have been~in~continuat..contact~ith ~om Clark, City Engineer. Mr. '~oy thought, to this point, they have satisfied all of the comments and are in conformance with the approved site plan. Mr. Foy pointed out that they are, mn fact, exceeding a lot of the requirements. For 'example, he called attention to the lake storage area, which for a 100 year storm in this area is said ' to be 12. He said their storage is a minimum of 14. Mr. Foy · emphasized that they have not just gone with"~m~nimum standards, and he thought the Board Members would be very pleased with the outCome .of the project. Mr. Foy also thought they had satis- fied all of the City Planner observations. With regard to the memo from Bill Flushing,:~ Deputy City Engineer, M~. Foy said there are no objections. They are just techniCal items that have to be taken care of with regard to the plat. - 44 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr. Wandelt moved, to approve the preliminary plet, .subject.to the memo of Bill Flushing, Deputy City Engineer, dated October 26, 1982 (the comments of which are set forth on page 43 of these Minutes). The m°~on was seconded by Mr. Linkous and carried 7LO. Discussion Item Revised Site Plan APproval Application Chairman Ryder remarked that he thought it was a great idea and would save a lot Of time on everybody's part, particularly staff. Mr. Annunziato said what they have attempted to do is to compile a proposed application which incorporates all of the questions the'developers ask and all of the questions the staff asks with respect to site plan approval. They attempted to provide for the proposed developer a list of all of the ordinances that he should be aware of, the decisions that he should follow, time tables involved, and the scheme of review %hat we have in Boynton Beach. Mr. Annunziato admitted this was a very detailed application but by filling out th'is application, he thought the proposed developers will know, to a great degree of certainty, where they stand with respect to our ordinances and our proposals. Chairman Ryder commented tha't the City will know that he really means it. Mr. Cannon, Assistant City Planner, had nothingl to add. Chair- man Ryder thought it was very comprehensive. Mr. Wandel~ noted it was very detailed'.~ Carmen Annunziato, City Planner, called attention to the check list they provided the developers with. He added that the Board Members would be.very surprised how a lot of the people who submit applications are not aware of the procedure, materials required, or the ordinances ~that they are responsible for. Mr. Annunziato said ~he intent here, obviously, is to present that information up front. ~Chairman Ryder referred to the end~Of the "Application" form where there was a page, "General InfOrmation for Site Plan Approval Applications,'. Technically., Mr. Annunziato said it was not a part of. the application.- Chairman Ryder said the page did not have a number and was 3rd from the end. ~hairman R~der told Mr. Annunziato they say site-Plans must be approved by the City Council for all projects other than single family or duplex residents where either the value of construction is greater than $100,000 or a site plan. It looked to Chairman Ryder like "other" was the wrong word. He asked Mr. Annunziato if he did not mean "including' smngle family. Mr.~."C~nnon answered, "No. Single family and duplex residences are excluded from site plan approval." - 45 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Mr. Annunziato clarified'that'these are individual,' free standing aingle family homes and duplexes, and it is not ~eq~r~d that those applications go.before .the City Council. Chairman Ryder questioned,~ "Regardless of cost?" Mr. Annunziato answered, "Regardless of cost." For .example, Mr. Annunziato explained, if he wanted to build ~a 1/2~Miltion<~Dol~ar single family home on a previously platted subdivi~i0h, he would not have to go before the Council. He could go to the Building Department and get a permit. Mr. Annunziato asked Tim Cannon, Assistant 'City Planner, if this was verbatim from the Ordinance. Mr. Cannon answered, "Yes." He did-notlknow if the wording was exact bUt said it was very similar~ in the Ordinance. '~bout the o~ly thing ~e have interpreted is Number 2 ~o~ the page., which- is our interpretation", Mr. Cannon told Chairman Ryder. Chairman Ryder thought~where he was co~fused was where _they said "other khan single family or duplex residenees, where either:", and they sort of tie them ~ogether. Chairman Ryder thought that was .the problem. He said~they were tying together single family or duplex residences with the cost of construction, and that is_not the intent. Mr~ Cannon agreed and said they could put except single family and duplex residences. Chairman Ryder thought they should say "except" Mr. Wandelt thought it was very good and moved to accept the Revised Site Plan AppliCation Form subject to the correction. Mr. Linkous seconded the motion. Chairman Ryder~asked about the~Cauncil. Mr. Annunziato said there,.was no procedure fOr the adoption of applications that he knew of'in Boynton Beach. He thought if t~he Board was satisfied that this was representative.of the Ordinance and since the-Board is supposed %o recommend applications for ~the Council, the Council Would also be satisfied. He .said if the Board Wishes, they could forward it to the~Coun'cil. Mr.~.Mauti asked'if it did not require Council action~ Mr. Annunziato did not think so. Mr. Cannon explained that i~ was something that pertained to the Board, and the Board is allowed to set up its Procedure. Mr~ Wandelt felt the application~was much better than what was used in'the past. He could not see where there would be any opposition to it from the Board, He pointed out that it was more comprehensive and spells things out more clearly than what' he could see in the other. A vote was taken on Mr. Wandelt's-motion, and the motion carried 7-0. - 46 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 Discussion - Rezonin~.and ~Spot Zoninq Vice Chairman Winter asked if/there was anyway they could revert back as he was thinking of Simon's property (where he requested ~rezoning about four or fi-ve years ago because ~he wanted to build a dental office). Now he changed his mind, Vice Chairman Winter infOrmed the Board Members, and' now he has a sign on it, "For Sale - Zoned for C-i". Vice Chairman Winter asked if there was not some way that a builder or a developer or a person who requests rezoning for a certain use Should.~do'it within a certain period of time or take out permits for['~that particular use in a certain period of time. Chairman Ryder recalled-that the Planning.and.Zoning Board denied it, the City Council denied it, and at the next meeting Chairman Ryder thought it was Dave Roberts who came bac~, went for it, and "that hurt." Chairman Ryder said it did not belong there and was a classic example of spot zonlngo He recalled that Simon was going to build a professional suite for himself and then he was going to build a suite for somebody else. Now he has done nothing. Vice Chairman Winter stated that he changed his mind, and now he has the zoning and a piece of commercial property. Mr. Mauti commented that goes with-spot zoning, and it is nothing but a windfall. Mr. Annunziato explained-what has happened. Every year, Mr. Simon comes in and asks the Council for an extension. Every year but last year, Mr. Annunziato recommended that-the Council not grant it or grant it-for a specific periOd' of time. Every year, Mr. Annunziato continued, Council grants the extension. This last year, Mr. Annunziato did not bother objecting. Mr. Simon submitted a site plan; the size pla~ expired, and Mr. Annunziato said they are now working on their second or third extension of site plans. He informed the Members that you can vest in your zoning by filing a site plan Within one Year, which Mr. Simon did, and you can ask Council to extend the limits of the approval on the site plan, which Mr. Simon does every year. Mr. Annunziato did ~not think they needed to say any more on this. Chairman Ryder said.they could ques%iOn, whether'~sQ~ething can be dohe ~o prevent anylsuch thing in the future. Every time he goes past that corner he cannot help but think of it. Mr. Wandelt asked where it was located. Chairman Ryder answered, "On the corner of Gulfstream Boulevard and Seacrest (36th Avenue, just above the Jehovah Hall, right at that point~" Mr. Linkous asked if they did not think that was an exception rather than the rule in instances like this. Vice Chairman Winter. wanted to bring it up on the Monahan appli- cation but felt he better not. Mr. Wandelt' pointed out that evidently, Mrs. Monahan has been operating in that house. Mrs. Bond advised that she is.- Mr. Wandelt asked if she was operating illegally. Mr. Annunziato was not sure, because if Mrs4 Monahan does - 47 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 9, 1982 not need a license~ and she does not have to advertise but is only occupying a certain portion of the building for that use, Mr. Annunziato said she can be consistent with the Code and get an occupa- tional license. Mr. Wandelt asked, !'Why the change to C-l?" Mr. Annunziato replied that Mrs. Monahan probably wants to lease out some space. Ch~l~ Ryder~ s~!ll had some qualms ab0u~_whether or not it is legal. Mr. Wandelt noted thatMrs. Monahancould "cc~edownhere,, and find outexactly whether it is legal or not,at any time. Community Redevelopment Aqency - Film As Members knew, Mr. Annunziato said the Council has-appointed a Community Redevelopment Agency to act within~ di. ffeDent sections of 163 in the~.LGCPA. He said there are specific requirements of theCOmmunityRedevelo~ment Agency and. specific authorities associated with it. Our Com/~unity Redevelopment Agency has been in power now for about· four or five months, and Hank Thompson is the Chairman. The members..are Donald combs' from Scobee-Combs, Dale Hatch, Sam Scheiner, and~ D0nald McKone. Mr. Annunziato told the Board the members are very active in trying to get this thing off of the ground. He thought; as much for the edification of the Council as well as the Community Redevelopment Agency, the p~esentation of the film was valuable. Mr. Annunziato thought, from the Planning and Zoning Board's point Of ~iew, it was mmportant for them to react to this as to what redevelopment-of downtown means within the context of the Comprehensive Plan because whatever ms proposed finally for the redevelopment of downtown will have to be consistent with the Comprehensive Plan. In effect, Mr.~ Annunziato said it becomes 'almost like the Neighborhood Strategy Area Plan, as far as there is another public agency involved in the preparation of the plan. Mr. Annunziato presented the film. ADJOURNMENT There being no further business to come before the meeting, the meeting was adjourned at 10:45 P. M. Respectfully submitted, Patricia Ramseyer //~ Recording Secretary ' (Three Tapes) - 48 - TO FROM MEMO'RANDUM 33-page attachment to minutes of 11/9/82 P&Z Board meeting (.~,e p,.-~g~ 40) Planning & Zoning Board Members Nov. 9, 1982 Carmen S. Annunziato City Planner FILE Addendum to Memorandum to Board dated November 3rd,1982. The purposes of this memorandum are twofold as follows: 1. to address the items raised in the November 3rd,1982 memo- randum from the City Planner to the Planning and Zoning Board; and, 2. to offer additions, deletions and/or modifications to the November 3rd, 1982 memorandum and to the site development plan submission. Each of the issues raised in the memorandum was answered by Boynton Beach, Inc. and with the exception of the Public Works Department and the City Forester,agreement was reached with staff consistent with the changes that will follow. The reason that the Public Works Director and the City Forester have not responded to the changes is that they were not available to review the proposed modifications; however, if they are in disagreement-with the answers provided, they may offer their comments prior to Council review. As in the pre- vious memorandum, the City Manager's comments are included in this review. follows: To that end, please be advised of additional comments as page LA,LD - Building Department Comments - Owner will appeal this interpretation to the Community Appearance Board. page LA - Memorandum from City Forester to City Planner dated Nov. 1, 1982, Paragraph 1 - Modify percentage to 30 to 40%. page M-3A - Memorandum from Utility Director to City Planner dated Oct. 27, 1982 - replace paragraph 4 and the three paragraphs that follow paragraph 4 with the following: 4. Concerning fire lines, the owner will comply with one of the following conditions: A. 1. modify the riser detail to show a cross, 2. hold the City harmless for the water lines from the cross into the building; and, 3. install an indicating valve inside the building with outside control; or - 1 - - 2 - B. 1. modify the riser detail to show an in- dicating valve assembly outside of the building. project specifications - Section 15010, Site Water ~A5), memorandum from Utility Director to City Planner dated October 29, 1982 - Clarification - meter installation detail will be as shown on page M-3A. Development Agreement - Energy Department comments, Section 7(A) (1) - add the following language to Section 7 (A) (1) - Illumination levels shall be between one-half (%) and three-quarter (3/4) foot candle average at grade. The shopping center parking lot lighting system shall be maintained-and operated by the individual property owners. Minimum on-Site security lighting will be maintained by Boynton Beach, Inc. in the event a department, store ceases to operate. Development Agreement - Public Works Department comments, Section 7(A) - add a paragraph 7(A) (6) as follows: All refuse from the center section small shop areas and theldepartment stores will be deposited in compactors which will be lo~ated in the mall and department store service areas. The-owner(s) will contract with a City of Boynton Beach authorized vendor for refuse removal and disposal. The proposed vendor is County Sanitation. Development Agreement - City Manager's comments, Section 3(c) - add the words dedicationlof the easements, such conveyances will not occur prior to the actual between the words actual and installation. Development Agreement - City Manager's comments, Section 3 (paragraph following d) - add the words unless parcels # 2 or 3 are divided into more than three (3) tracts between the numbers (6.54 ac.) and the word and. Development Agreement - City Manager's comments, Section 4 (paragraph following (b) (1) - replace the word their with the words the owner's. Development Agreement - City Manager's comments, Section 4, after paragraph 4(b) (2) - add paragraph 4(b) (3) as follows: The text of paragraph 4(b) (1) above does not apply to out-parcels #2 and 3. Development Agreement - City M~nager's comments, Section 6 (1) - add language-to this paragraph indicating that the infornTa%ion contained in l this paragraph will be included in the tenant's handbook,and that the tenants will be re- quired to sign a receipt for the handbook. Development Agreement - City Manager's comments, Sect~oh 7(B~ (1) (b) - add language to this paragraph indicating that the information contained in this paragraph will be included in the tenant's handbook, and that the tenants will be required to sign a receipt for the handbook. page M-3A - Fire Department's Comments, memorandum dated Oct. 27th, 1982, from David Crockett to the City Planner Issues raised by Mr. Crockett are addressed in re- vised paragraph 4 ~f Utility Director's comments. Development Agreement - Fire Department's comments, memorandum dated Nov. 3, 1982 from William Cavanaugh to the City Planner, Section (5) (c) - Issues raised by Mr. Cavanaugh in this section are addressed in revised paragraph 4 of Utility Director's comments. Section 7(B) (6) (H) - delete the words Negotiable on a case by case basis and add'the words as required -by Code. Section 7(B) (6) (J) - add the words as required by Code. Section 7(B) (6) (R) - add the words as required by Code after the word plans in the first statement. Section 7(B) (6) (R) - add the words as required by Code after the word plan in the second statement. Development Agreement - Owner's comments, Section 7(B) (6) (d) - modify sentence (d) to read as follows: Indicator valves will be used at or in the building in lieu ...... Section 4(b) (2) - add a sentence to 4(b) (2) as follows: The City shall install a 20" X 10" tee with a valve at the Location indicated on the owner's site water plan M-3. Section 5(c) (paragraph 8) - add the word minimum between the words pipe and class. Section 5(c) (paragraph 8) - add the words ductile iron pipe or between the words be and polyethelene. - 4 - Section 5(c)(paragraph 8) - add the words Materials per plumbing code prior to the word may. Section 7(A) (1) (a) - replace the word Standard with the word National prior to the ~word Electrical. Section 7(B) (6) (J) - add the word riser to the sentence after the word sprinkler. Section 7(B)(6)(o) - delte this section' Section 7(B)(2)(K) - delete ~he last sentence. Section 7(B)(4)(g) - add a sentence as follows: The food boutique area is to be served by a common grease trap. Section 7(B) (4) (l) - delete the word shall and replace with the word may. Section 7(B) (4) (N) - delete the first sentence and replace with the sentence which follows: Smoke detectors in return air stream and fire stats in air supply air stream must shut the H.V.A.C. units down. Section 7(B) (4) (p) - delete the word shall and replace with the word may. .The staff recommendation is' to append these comments to the City Planner's memorandum to the Board of November 3rd, 1982 and to recommend approval of the proposed mall site development plans based on these conditions. CSA:mpc CC: City Manager TRB Members Central File Carmen S. A~nziat0 City Planner MEMORANDUM TO Planning and Zoning Board Members Carmen S. Annunziato City Planner November 3, 1982 FILE suBJ~c~ Technical Review Board Recommendation/Boynton Beach Mall The purpose of this-memorandum is to forward to the Planning and Zoning Board a coordinated Technical Review (TRB) recommendation on the proposed Boynton Beach Mall site de- velopment plans. These plansreceived preliminary TRB review which resulted in the formal submission of the site develop- ment plan application which consists of a series of site de- ~ velopment drawings, project specifications and a formal de- velopment, agreement. For the purposes of this review, the City Manager's comments are included in the Staff recommendation. After review of the documents submitted, the Technical Review Board offers for Board and Council consideration comments as follows: Building Department page LA - modify tree specification to read - required trees shall have a minimum trunk diameter of two (2) inches when measured, four and one-half (4½) feet above grade and required trees shall be a minimum of eight (8) feet in overall height immediately after planting, pages LA, -LD -'where driveway abuts the Boynton Canal on the north property line, a hedge, eighteen (18) inches in height at time of planting is re- qu±red to be placed in a two and one-half (2½) foot planting strip, Development Agreement, Section 7B2d - insert the word sprinkled, between the words Type II and the comma; City Forester page LA - see memorandum dated November 1, 1982 from Kevin Hallahan to the City Planner (attached); Utility Department page M-3A- see memorandum dated Oct. 27, 1982 from Perry Cessna to the City Planner (attached); ~specifica~i~-s -'Se~tio-n 15010, Site W~ter (A5) - see ~memora~-dum_._ dated Oct. 29, 1982 .~f~r~m ?e~ry Cessna to the Cit_y Planner (attached); - 1 - MEMORANDUM Planning and Zoning Board Members Carmen S. Annunziato City Planner November 3, 1982 Technical Review Board Recommendation/Boynton Beach Mall - 2 - Energy Department Development Agreement - Section 7Al - expand Section 7Al to include designed illumination levels at grade and provide for the City information as to the party responsible for the continued operation of the parking lot lighting system; Public Works Development Agreement, Section 7A - add a paragraph 6 which addresses the proposed program for san- itation service to include method of pick up, type of containers and proposed vendor; City Planner General - all approvals granted by the Planning and Zoning Board and the City Council are to be made on the basis that the mall property will be successfully annexed and zoned, - approval of a height exception by the City Council for all proposed structures over forty- five (45) feet in height; City Manager Development Agreement - see list of City Manager's comments dated OCtober 31, 1982 (attached); Fire Department page M-3A - see memorandum dated October 27, 1982 from David Crockett to the City Planner (attached), Development Agreement - Sections 5 and 7 - see memorandum dated November 3, 1982 from William Cavanaugh to the City Planner (attached). MEMORANDUM. Planning and Zoning Board Members Carmen S. Annunziato City Planner November 3, 1982 Technical Review Board Recommendation/Boynton Beach Mall - 3 - The staff recommendation is to approve the proposed Boynton Beach Mall site development plans and attendant documents, submitted by Boynton Beach, Inc., which provide for the construction of a regional shopping mall subject to the staff comments included in or appended to this memorandum. CSA:mpc Attachs. CC: City Manager TRB Members Central File Carmen ~. 'Annun~iato -- City Planner MEMORANDUM Carmen S. Annunziato City Planner Kevin Haltahan Urban Forester ~^~ November 1, 1982 FILE sUejE¢~Proposed Plant Palette for DeBartolo Mall This memo is in reference to the proposed plant palette (species list of vegetation) for the DeBartolo Mall. I would like to make a few recommendations based on the list of materials the landscape architect has selected. 1. No one species of any "tree" comprise more than 10-15% of the total quantity used. (This is to prevent the entire landscape area comprised cf Black Olive and Mahogany, ie. 2. Recommend using native trees and vegetation in selection of materials. 3. Removal of "Senegal Date Palm" (Pheonix Reclinata) from list of Palm trees as it is susceptible to lethal yellowing disease. 4. Recommend replacement of "Tamarind" (Tamarindus indica) with "Tamarind" (Lysiloma latisiliquum), a native tree species. 5. Recommend use of "cocoplum" (Chrysobalanus icaco) and "Silver buttonwood" (Conocarpus erecta) as hedge material. These species are also native and will require less maintenance. KH:mpc ~vin Ha~l~han Urban Forester MEMORANDUM October 27, 1982 TO: Mr. Carmen Annunziato, city Planner RE: DeBartola Shopping Mall Please be advised that on drawing M-3A of this project ~678,job XXX, the following details need to be corrected to the city's satisfaction before the Utility Department can sign off. 1. On the detail of the sampling point, they should show a minimum cover of 30". 2. On the valve box detail, they should show a 24" square by 8" thick concrete pad around the collar at the top of the valve box. 3. Their typical water service detail is incorrect and I have attached a copy of our standard detail which should be used for the meter installation. 4. There are 8 fire lines going into the buildings. In each case, they show the typical detail as going inside the building and then capped. In our original discussions, it was agreed that the post indicator valve would be used and that these valves would be outside the building. There are two reasons for this. One, being that with the valve box outside the building, our responsibility would end at this point and we would have no responsibility if there was any water damage done inside of the building. Secondly, the way it is laid out, when they went to connect their sprinkler system, they would have contaminated an open system which serves domestic water and therefore, would have to re-chlorinate and re-sample. We are returning Section 02102 "Clearing,Grubbing, and Demol~ion" and the drawing. ~~_,_~ ~- ~ ~//Perry A~~. essn~ ~ //'_ _ Director of utilities apt CC: PAC File Attachment.s-: a/s above bJ -./g. =-.--j bJ ct- 0 rn 7-- .~ ~ ~II 0 ' I.,1_ 0 LdO 02 E~ /~ i~ -- ILl' n.. >- Z U uJ 0 n,- D td--I z -0 oo U OD F--j 0 .,j z,,~ 0 MEMORANDUM October 29, 1982 TO: Mr. Carmen Annunziato, City Planner DeBartola Parcel I am returning herewith Section 15010 "Site Water" specifications . Item 5 under "A" general - they refer to installing meter vaults in the finished floor of a customer's space. This is incorrect as all meters will be in the sidewalk outside of the buildings. Ail other items are marked in yellow, with comments, as to how to correct specifications. apt Attachment: a/s above Perry A. Cessna, Director of Utilities City Manager's Comments Development Agreement Boynton Beach Mall 10/31/82 Section 3 (c) - modify last sentence to complete the thought (d) - insert the word related between the words the and public. (paragraph following d) - modify to read that out- parcels 2 and 3 may require platting in future. Section 4 (paragraph following bl) replace the word their with the word developers. (add paragraph.following b2) - include language that Section 4(bl) does not apply to out-parcels 2 and 3. Section 5 (middle of page, Parcel ~1) - delete words in this clause: 100% of the cost of. Section 6 (1) - add language to this paragraph indicating that this paragraph will be included in all leases. Section 7 (lb) - add language to this paragraph indicating that this paragraph will be included in all leases or other similar documents. M E M O RA N D U M : DAVID L. CROCKETT EXECUTIVE OFFICER, OPERATIONS BOYNTON BEACH, FLOR%DA FIRE DEPARTMENT TO: Carmen Annunciato City Planner DATE: October 27, 1982 SUBJECT: DeBartolo Mall Plan review of submittance of 10/26/82 I noticed in a review~of the plans submitted to us yesterday, 10/26/82, that the 8" sprinkler supply mains have not been provided with post in- dicator valves as I was advised by Fire Inspector Cavanaugh These should be placed on the exterior of the building, where they are readily available to shut down the system after the fire to reduce fire losses. If there is anything noted as I further review the plans operationally be certain I'll let you know. D. L. Crockett, Exec. Off., Operations MEMORANDUM To CARMEN ANA/UNZIATO CitE Planner ~__ .... ~ William D. Ca~anaugh, Fire Inspector' DATE FILE Nov. 3rd, 1982. Comments on Development Agreement Boynton Beach Mall (dated Oct. 26th, 1982) Find listed below Fire Depa~.tments comments as per page, Section, item number as presented by the developer. Page 7, Section 5 (C) Ref. Memo to City Planner from Utilities Director dated 10-27-82. This office concurs with this memo. Balance of Section 5 (C) accepted as proposed. Page 10, Section 7 (B) 1-a accepted as proposed. Page 11, Section 7 (B) !-k accepted as proposed. NOTE: Please add any required , Automatic Fire Extinguishing system. Section 7 (B) 2-a accepted as proposed Section 7 (B) 2-C thru J accepted as proposed. Page 12, Section 7 4 B & L accepted as proposed Page 13, Section 7 4 N Section 7 5 A accepted as proposed accepted as proposed Page 15, Section 7 5 Section 7 6 Y & Z accepted as proposed A,B,C accepted as proposed D see comment on Page 7 Section 5 (C) E,F,G accepted as proposed H this dept. reserves the right to require sprinkler if a situation is deemed hazardous Negotiable on a case by case basis. I accepted as proposed J .... (The Mall, Concourse, tenant areas to be fed fro~ same riser.) ..... So long as separate annunciated, monitored and supervised per water flow to a particular area .... also .... so long as water supply meets code requirements for sprink- ler density that enough branch valves are available and accessible to shut off involved areas after extinguisherment page ! of 2 MEMORANDUM TO CARMEN ANA/UNZIATO City Planner William D. Cavanaugh, Fire Inspector DATE Nov. 3rd, 1982 Comments on Development Agreement Boynton Beach Mall (Dated Oct. 26th, 1982) Continued from page 1 .... Page 15 , Section 7 6 K,L,M,N O Page 16, Section 7 6 P Q accepted as proposed reserve the right to correct hazardous conditions as required Reserve the right to add/delete require- ments on individual tenant basis, based on recognized good practice accepted as proposed Please submit notification and alarm concepts philosophy and or plans .... alternates maybe acceptable. Addition... Please submit concourse smoke control concept, philosophy and or plans. PLANNING AND ZONING BOARD APPLICATION BOYNTON BEACH, FLORIDA Ail Board must be received and accepted by the Ci' (13) days prior to the regular meeting. The advised as to supplemental meetings necessary review. An application fee of two-hundred do payable to the City of Boynton Beach, is requi~ All applicants with approved site plans, which request a revision, will be processed in the s init~aI application subject to all Code requir the time the revision is requested. ~p~lications to be processed by the Plan~ing and Zoning Name of Applicant y Planner thirteen.. pplican%~wilt be for application [lars ($200.00), ~ed. at a later date · me manner as the ~ments effective at Robbrt'J.'S'c~reli~er~ Vi'ce Presi'dent BOYNTON BEACH~ INC. Applicant's Address76~0 Market St., Y0ungstown~ Ohio 445]2 Address of Site 80] North Congress Ave.~ Boynton Beach~ Florida Intended Use of Site Commer%ial - Regional Shopping Mall Legal Description of Site See attached Exhibit "A" The following data-must appear on all copies of the Site Plan: 1. Existing Zone C-3 2. Area of Site ]08.30,acres Total Number of Units Proposed e 4. 5. 6. 7. 8. 9. 10. 11. 12. Density Gross ___ Per Acre .... Phase I -795~23t Phase I - ]6.86 Building AresPhase ii_895~2~]-Sq. Ft.Phase II- ]8.98 Phase I-4~964 Phase I - 5,365 Parking Spaces: Req'dphaseII~5~539 Droposed Phase II- 5~560 Parking - Aisle Area Sq. Ft. Street Area. Sq. Ft. Phase I - 587~907 Phase I - ]2.46 Landscape AresPhaseiI. 396~80~q. Ft. Phase II .- 8.4] see bull di-ng H~ight 6f Building~ect-~Sp-~]F~et 3 Phase I' ' ~34~4~8 Total Floor ~-aeS~ II'---]~249,4~. Ft. Estimated Total Value of Construction % of Lot % of Lot % of Lot % of Lot Stories What is the applicant's interest in %he premises affected? Owner (Owner, Agent, Lessee, Etc.) (I) (We) understand that this Site approval becomes a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and the stat-ements or showings made in any paper or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be ac- owner of the property. cepted Un~ss ,si~n~/~by .the ignature ~f O~NER ROBERT J. SCHREIBER, VICE PRESIDENT BOYNTON BEACH, INC. The Owner has hereby designate~ the above signed person to act as his agent in regard to thi~ petition. (To be executed when Owner designates another to act on his behalf.) LOCATION MAP Boy. ton Beach Mall '0 -'Boynt°n Beach Mall Out Parcei~f~nd 3 First Federgl Savings and Loan Boyn%on Beach Mall PiD [ iVIOTOI:IOLA ] Out Parcel RIAA -Parcel 42 First Federal Savings Loan Association of Lake Worth RIA~ E t' BOYNTON BEACH MALL DEVELOPMENT AGREEMENT Boynton Beach, Inc. is the Owner of certain real property, hereinafter referred to as the "property", situated in the City of Boynton Beach Palm Beach County, Florida and shown on Exhibit "A" and more particularly described in Exhibit "A~l", attached hereto. Boynton Beach, Inc. (Owner) and the City of Boynton Beach (City) hereby agree that the property will be developed in basic conformance with the drawings, specifications, documents, etc., listed on Exhibit "B" and the following terms, conditions, requirements, ezc.: Section 1 Zoning C-3 (Community Commercial) will permit development of the regional mall - 10S.30 acres in accordance with the drawings, specifications, etc., set forth on Exhibit '"B" No variances, special exceptions, etc., will be required to permit the developmenz of the regional mall as shown on the drawings, specifications, etc., listed on Exhibit "B" with the exception of the following' Parking Lot Regulations Section 5-141(d) - ELimination of the required concrete curb stop. Section 5-141(k) - Eliminate the required double line painted strips. Zoning Regulations Section 4(L) - Eliminate required conszruction of a 6' masonry wall along west boundary between Old Boynton Road and the drainage canal. Section 2 Development of Regional Impact (DRI) The "property" will be developed in accordance with the Development Order, pursuant to Section 380.06 (14)(e), Florida Statutes, incorporating the provisions of Palm Beach County Resolution No. R-74-343, a copy of which is attached hereto as Exhibit "C" Section 3 Platting & Subdivision In accordance with the defintion of the term "subdivision" as con- tained in the City of Boynton Beach Code regulating subdivisions, the City agrees that the proposed division of land as set forth in the plan'attached hereto as Exhibit "D" will not be deemed a subdivision within the meaning of the City Code under the following conditions: Any division of the subject property will result in all parcels of land being more than five (5) acres in area. Division of the subject property will not, in and of itself, involve any changes in street lines or public easements of any kind. The development of the subject property as a regional mall will involve the dediction of new public easements. These easements will be dedicated to the City after the improvements have been installed and accepted by the City, with the easement dedications being based on as-built drawings. While conveyances of portions of the property to the department store tenants of the mall may occur prior to the actual installatiOn of the public utilities for which easements will be granted. · Section S Platting & Subdivision (cont'd) No certificate of occupancy will be issued flor any building connected with the mall prior to dedication of 'the public easements to the City. Based on the conditions set forth above, it is agreed that a sub- division plat will not be required for the regional mall tract (108.30 ac.) and for parcel #2 (7.87 ac.) and parcel #3 (6.54 ac.) and that the sale off (1) any and all parcels within the regional mall tract to the various department stores and (2) parcel #2 and #3 can be conveyed by metes and bounds description only. It is £urther agreed that given the condzions set forth above, the subdivision regulations o£ the City of Boynton Beach will not apply to this "property." Section 4 Off-Site Improvements Of£-site (beyond the boundary limits of the "property") improve- ments £or the development of the regional mall as shown on SP-1 and SP-2 and parcel #1, #2, #3 and #4 will be limited to the following: a. Highway & Access Connector road between New Boynton Road (SR 804) and Old Boynton Road (Boynton West Road), opposite mall entrance "B". The Owner under an agreemen~ with William Winchester, the Owner of the property between Old Boynton Road and New Boynton Road (SR 804) will construct a four (4) lane roadway with median and separate left turn lanes between mall entrance "B" on Old Boynton Road to an intersection with New Boynton Road (SR 804), approx- imately 1037 feet west o£ Congress Ave. This roadway will be constructed to Palm Beach County standards and will be dedicated to Palm Beach County upon completion and acceptance of construction. The con- struction will be limited to roadway (including striping, and signing) and drainage improvements only. Signalization at the intersection of the connector road and New Bovnzon Road (SR 804) and the connector road and Old Boynzon Rd. (Ent."B") will be installed by Palm Beach County per Section 5h)ii) and 5h)iii) of the "Agreement for roadway improvements" dated December 22, 1981 between Palm Beach County, Homart-Boynton Associates, and the Edward J. DeBartolo Corporation attached hereto as Exhibit "E" 2. Old Boynton Road (Boynton West Road) The "Owner" will construct the following improvements on Old Boynton Road in accordance with Section 2 b) and 2 c) of the "Agreement for Roadway Improvements" (Exhibit "E"). At the intersection of Old Boynton Road and Mall Access Road "B" i) Left turn lanes north and south approach ii) Left turn lane west approach. iii) Right turn lane east approach 2 Section 4 Off-Site Improvements At the intersection of Old Boynton Road and Mall Access Road "A" i) Left turn lane west approach ii) Two lane north approach iii) Right turn lane east approach The requirements and conditions for the Old Boynton Road improvemenzs will be as follows: i) The improvements will be constructed as a rural section with the possible exception of isolated and limited curb and gutters which shall only be required when curb and gutter is the only engineering solution that will cause the said roadway improvements to function properly. ii) The improvements will be constructed with open drainage and with only normal ditch section with the possible exception of isolated and limited enclosed storm sewers which shall only be required when enclosed storm sewers are the only engineering solution that will cause the said improvements to function properly. iii) An S' wide asphalt or 6' wide concrete bike path will be installed on the north side ~of Old Boynton Road along the property frontage only. iv) Overlay and add to existing pavement. v) No street lighting. vi) Storm sewer improvement limited to extension of existing culvert crossing. All other highway and access improvements required for the development of the 'property" has been or will be completed in accordance with the terms and conditions of the December 22, 1981 agreement between Palm Beach County, Homart- Boynton Associates and the Edward J. DeBartolo Corporation attached hereto as Exhibit "E" o The "Owner" and the "City" mutually agree that the faith- ful performance and completion by the Owner of 1) and 2) above shall relieve the Owner(s), his successors, assigns or transferees of any further obligations for highway and access improvements as a result or as a condition to the development of the "property" and outparcels #1, #2, #3 and #4. The "City" and the "Owner" also agree that the "property" and the outparcels (#1 through #4) will not be subject to any road impact fees,.assessments, or similar charges for off-site highways. b. Utilities 1. Cost participation in existing 16".sanitary force main and 16" water along the "property" frontage on Congress Avenue Owner shall pay the City their fair share of the cost of the 16" water line and the 16" sewer force main which will serve the "property". This share shall be paid prior to the accept- ance by the City of the on-site water and sewer systems. Owner'~ cost shall be $43,635.95 plus the increase in the ENR construction index between February 3, 1981 and the date that payment ~s made 'a~s ~'~d~c~ ~,b~o~e. Section 4 Off-Site Improvements-(cont'd) Cost participation in proposed 20" water main in Old Boynton Road The 20" water main to be constructed on Old Boynton Road shall be designed by the City's engineers and con- structed by the City under City supervision. The "Owner" shall participate in these costs as outlined in Chapter 26-34 of the City's code of ordinances. In this instance, the rates will be the carrying capacity of a 10" water line vs. a 20" water line. The City's engineers will prepare an estimate of the total cost and based upon this estimate, "Owner" will escrow their estimated share of the costs. After completion and accept'ance by the City, final costs will be compiled and the "Owners" share will be adjusted upward or downward accordingly with Owner either giving addltional funds to cover their share or the City returning to the "Owner" the excess from the escrow account. 4 _S. ect ion 5 On-Size Improvements On-site (within the boundary limites of the "property") improve- ments required for the development of the regional mall as shown on SP-1 and SP-2 and Parcel "2" and "S" will be as follows' a. Storm Water Management The storm water management system to serve the regional mall (108.30 ac.) n.nd Parcel #1, #2, #3, and #4 includes the construction of an enclosed storm sewer system as shown on Drawing No. M-l, four (4) metention ponds as shown on Dwg. No. 3, and connection to Lake Worth Drainage District's L-23 and Boynton Canal by control structures detailed on Dwg. No. M-lB. The storm water management system will be constructed operated, and maintained by the owner. The requirements and conditions governing the c'onszruction, operation, and maintenance of the storm sewer management system will be per the'applicable drawings and specifications listed on Exhibit "B" and the following report, correspondence, approvals and permits- 1. South Florida Water Management (SFWMD) permit material Water Management Permit Application report dated May, 1981 b, SFWMD Staff Report dated August 26, 1981 Co SFWMD Surface Water Management Permit No. 50-00860-S dated September 10, 1981 Letter from Charles A. Hall dated November 5 19S1 which describes the adequacy of the on-site storm water management facilities SFWMD permit modification letter and staff-report dated June 10, 1982 2. Florida Department of Environmental Regulation (DER) ao DER form letter dated August 3, 1981 requesting additional information for a permit requirement determination b o Letter from Gee & Jenson dated August 19, 1981 written to DER in response to their August 3, 1981 letter. Letter from DER dated August 26, 1981 outlining the adequacy of Gee & Jenson response letter dated August 19, 1981. Letter to C.A. Corroto dated February 17, 19S2 which explains the inter-relationship between SFWMD and DER permitting for this development Lake Worth Drainage District Letter from Lake Worth Drainage Dist-rict dated July 13, 1981 approving the Boynton Beach Mall connection to their facilities. b. Sanitary Sewer The "City" agrees that there is presently sewage treatment plant and line capacity available to accept the flows generated by the proposed d~velopment of the "property" and outparcels, and that there ms presently no sewer moratorium, etc. that would prohibit ...... p~pe.r.%~"' off .the antparcels_ 5 S~ction 5 On-Site Improvements (cont'd) The "Owner" will install the on,site gravity system, the Sanitary pumping Station, and the force main from the pumping station to the existing 16" F.M. along Congress Avenue in accordance with Drawing No. M-lA and M-2 and applicable specifications listed on Exhibit "B" and the pump station plans and specifications prepared by Gee & Jenson. It is agreed that these drawings and specifications have been prepared and are in conformance with the requirements and standards of the City of Boynton Beach. It is further agreed that upon completion of construction of the on-site gravity system shown on Drawing No. M-2 (excluding those portions of the system under the building-between manhole #6 and #7 and manhole #16 and #17) and the pump station and force main, in accordance with the City requirements, the City will accept dedication of the system for ownership, maintenance, and operation. Upon completion of construction and acceptance by the City, the Owner will' Grant to the City, a 10' wide (if depth or gravity line is 8' or less) or 15' wide (if over 8' i-n depth) easement over that portion of the gravity system to be maintained by the City and; Deed (warranty deed) a 30' x 30' (or a modified size and configuration to be mutually agreed upon by the Owner and the City) pump station site to the City. The City will require a TV inspection an'd a one (1) year main'- tenance bond as a condition of final acceptance. With regard to Outparcels #1 (owned by First Federal of Lake Worth) and #2 (owned by First American Bank), the Owner will agree to extend the on-site sanitary sewer system to the respective parcels subject to the following conditions: Parcel #1 - First Federal of Lake Worth must agree to pay' 100% of the cost of' The gravity system between manhole #29 and manhole #19, including stubs to their parcel, Pay 100% of the cost to oversize that portion of the system between manhole #19 and the pumping station if required to accomodate the sewage flow from parcel #1, o Pay pro rata share (based on gallonage) of the total cost of the pumping station and force main to the existing force main in Congress Ave. Parcel #4 - First American Bank must agree to: 1. Pay 100% of the cost of::the gravity system between Manhole #32 and Manhole #8, including stubs to their parcel, o Pay 100% of the cost to oversize that portion of the system between Manhole #8 and the pumping station ~if required to accomodate the sewage flow from Parcel #4. o Pay pro rata share (based on gallonage) of the total cost of the pumping station and force main to the existing force main on Congress Ave. 6 Section 5 On-Site Improvements (cOn't'd) II the Owner of Parcel #1 and #4 do not agree to pay prior to co~nencement of construction, all costs (engineering, construction, etc.) required to provide service to their parcel(s) via the extension and oversizing of the mall system, the Owner can delete those portions of the system. c. Water The "City" agrees that there is presently plant and line capacity available to.;satisfy the domestic and fire flow demand requirements for the proposed development of the "property" and outparcels #1, #2, #3 and #4, that this capacity will be reserved for the property and the out- parcels, and that there is presently no moratoriums, etc., that would prohibit or restrict the development of the "property" or the outparcels. The "Owner" will install the on-site water distribution system in accordance with Dwg. M-3, and M-3A and the site water specifications (Section 15010, 15050, and 15200). It is agreed that these drawings and specifications have been prepared and are in conformance with the requirements and standards of the City of Boynton Beach. It is further agreed that upon completion of construction of the on-site water distribution system shown on Dwg. No. M-3 in accordance with City requirements, the City will accept dedication of the system for their ownership, maintenance and operation. Upon completion of construction and acceptance by the City, the Owner will grant a 10' wide easement over that portion of the system to be maintained by the City. The City will accept the on-site water distribution system (including hydrants, and all appurtenances) from the public mains in Congress Ave. and Old Boynton Road (proposed) up to and including the water meters. The water laterals from the main loop will be combination fire and domestic lines. Fire hydrants and Fire Department connections shall be accessible, unobscured, and protected as necessary. Site water mains and laterals are to be ductile iron pipe class 50. Service lines from submains to water meters are to be polyethelene 3406 PVC, copper, et.c., may be used on the customer side of the water meters. Water main taps shall be cas~ iron split tee with valve. Section 6 Development Fees & Charges The development of the "property" will not be subject to any impact fees, capital improvement contributions, assessments, etc., with the exception of the following. Capital facilities charges for water and sanitary sewer service and appropriate meter installation charges will be the responsibility of each individual department store and small shop center section tenant. Fees will be cal- culated by the Building Department and payable by each individual store prior to the Building Department's issuance of building permits. This is in accordance with Chapter 26-34 of the code of ordinances. Cost participation by Owner in existing water and san- itary lines in Congress Ave. as described in Section 4b.1. o Cost participation by Owner in the proposed 20" water main in Old Boynton Road as described in Section 4b.2. Section 7 Development Conditions, Standards & Criteria, A. SITE Parking lot lighting ~ill be energy efficient, high intensity discharge metal halide lamps. 2. Signs The location of 'the shopping center identification and vehicle directional signs are shown on Drawing No. SP-1. These signs will be as detailed on Dwg. MS-1 and MS-2. Storm lines and retention basins shall be sized to include a/c condensate. 4. Landscaping Based on the site and building landscape plans (Drawing No. L-A, L-B, L-C, L-D, BP-I, BP-2, and BP=3), the require- ments of the landscape ordinance and any other ordinance pertaining to Landscape and open space requirements have been satisfied. The final landscape construction plans will be prepared and in conformance with the plans listed above. '5. Based on the existing vegetation on the property, a tree preservation permit is not required.' 9 ~ection 7 Development Conditions, Standards, & Criteria B. BUILDINGS 1. General Applicable Building Codes will apply: Boynton Beach - Code of Ordinances Standard Building Code - 1982 Edition Standard Mechanical Code - 1982 Edition Standard Plumbing Code - 1982 Edition Stanard Electrical Code - 1981 Edition 1978 Florida Model Energy Code w/1982 amendments (Climate Zone 8) NFPA 101 Life Safety Code - 1981 Edition Florida Handicap Code - 1978 Edition, 5th Printing NFPA 1982 Edition Building permit fees will be based on the local permit fee schedules. In arriving at the permit fee evaluations regarding the specialty shop/mall shell valuations, the specialty shop tenants will pay 60% and the mall will bay 40% of the permit fees. The mall's share of 40% shall represent the shell portion. An Engineer's seal is required on the structural drawings and specs. An Architect's seal and signature is acceptable on the balance of plans and specs. It is understood that when submitting plans for a building permit, the plans examination fee, which is 30% of the permit fee, shall be paid with the permit application. Owner will pay the complete fee 100% at the time of filing for application. Two (2) set of plans and specifications are required for a Building Permit. Three (3) sets of plans and specs will be required for a Food Service operation permit. The architect's and engineer's signature on the plans and specs must be over the embossed seal. g. The mall street and mailing address will be: Boynton Beach Mall 801 North Congress Ave. Boynton Beach, Florida 33435 Ail rooms receiving mail will be three (3) digit odd numbers. h o The Owner will review tenant plans on the basis of their meeting lease requirements. The Building Department will review tenant plans and issue building permits on the.basis of their meeting code requirements. No tenant may start construction without obtaining approvals from both. The Owner's agent will send a copy of the release correspondence to the Building Department for coordination and information only. ~The Owner will be the general contractor under the license of Mr. A.C. Rigas who is a "certified" general contractor in the State of Florida. The Owner shall furnish to the City a copy of Mr. Rigas' certification and a letter of authorization listin~ the names of persons authorized to make permit applications in his behalf. j. Each food operation must obtain Health Dept. plan approval. 10 ~B. BUILDINGS (cont'd) ko Four (4) sets each of mall sprinkler and sprinkler alarm drawings (hydraulics, if applicable) shall be submitted to the Building Dept, who will review and then turn over to the Fire Department for approval. Also, each tenant will have to furnish four (4) sets of drawings and hydraulics (if applicable) to the Building Department. Building a. Upon completion of the mall, certain spaces will remain unleased temporarily. These unleased spaces will be provided with temporary storefronts constructed of metal studs and drywall to a height of approximately 8'-0"+. The remaining opening of approximately 4" will be draped with visquene to prevent loss of mall air conditioning and also to prevent dust from entering the the mall area and adjacent specialty shops. This method has been determined acceptable since it is an unoccupied area. b. The mall roof structure will be designed based on the Standard Building Code 1982 Edition with the 20lbs/sq. ft. live load horizontal projection as .a minimum criteria. Further, the specific structural considerations for the roof design, in addition to the 20 psf live load, witl be proper analysis of allroof areas that ponding will occur, design of all relief scuppers and relief drains to handle overflow drainage and general design of all areas of the roof that 20 psf live load could exceed in accordance with the Standard Building Code and acceptable engineering practices in the State of Flor.ida. c. The mall center section type of construction will be Group M - Type IV, unprotected steel, unlimited area, single story. d. The multi-story department stores type of construction will be Group M - Type II, protected steel, unlimited area. e. Fire exit corridor walls will be 8" concrete block. No ceiling is required. Doors into the corridor from the mall will be B label doors at the rear of the tenant's spaces and will Swing 180 degrees in the direction of travel of the fire corridor. The corridors will be sprinklered. f. Tenant spaces shall be separated by 1 hour walls con- sisting of metal studs with 5/8" type X plasterboard on both sides tight to the underside of the roof deck. g. There shall be a separation above the .ceiling between the tenant's storefronts and the concourse area (no fire rating required). h. Maximum travel distance to an exit corridor in a sprinklered building is 200' Therefore, the fire exit corridors can be a maximum of 400' on center. i. Mall construction would consist, of masonry exterior walls, ~"H" columns, steel bar joists, poured gypsum or formboard or equal 20 year bonded roof, and thaz the building would be totally sprinklered. j, Multi-story buildings must have accessibility panels for Fire Department use. k. A soils report must be submitted along wit.h the foundation permit application. This report will include a split-spoon penetration test showing the blow county per foot and ~he type of soil encountered. These penetrations will be made at 50 foot intervals under all foundations. 11 BUILDINGS (cont'd) Kiosks are permitted provided they are constructed per the building code. 3. Signs Building wall signs will be interpreted as "flat" signs under the Sign Ordinance. On this basis, the signs may not exceed 10% of each face area and may also be illuminated. Storefront signs inside the mall do not require a permit from the City and must therefore meet only the.mall design/sign criteria. Exterior building wall signs are permitted and allowed to cover up to 10% of the exterior wall area of a mall center section store. Each major department store may also apply this 10% rule to each exterior elevation of their individual stores. 4. MechaniCal Water meters to be installed onlinss over 2" will require a bypass. Detector checks and meters are not required for neither mall nor department stores. Backflow preventers are not required on domestic services for general water service. c. Water meters are to be placed in pits in -the sidewalks. Ai~ conditioning condensate 'need not be piped to roof drains. Tenants will, however, be required to install a splash pan or similar material on the roof. Tenant rooftop units as well as mall rooftop units will be required to have a walkway material such as Carey Tred installed around the perimeter of each unit. Mall fountains and elevator or escalator pits shall be drained to the storm system. Interior sanitary sewer with stubs in each tenant space will be provided and which is acceptable to the City. 750 gallon minimum exterior grease interceptors shall be provided for large food operations and food boutique tenants. Trash compactors require a slab to be sloped to a floor drain which shall be connected to a separate grease trap or tied to one which services a restauran't. This grease _trap shall be connected to the sanitary system. i. Each food boutique tenant shall'have a toilet room. Stores with 10 or more employees shall have 2 toilet rooms. 9 or less, one toilet room (also applies to food boutique tenanzs). k. ~The mall maintenance garage floor drain shall .be either the sand and grease types or combination sand and grease type. PVC schedule 40 pipe shall be used for interior storm and sanitary lines except that it cannov penetraze or be used in a fire wall, floor or ceiling. Emergency roof drains for locked in roof areas can be tied into the same storm riser as the prime roof drain. 12 BUILDINGS (cont'd) Fire and smoke stats which must be shut units down, are required in all return air systems, Roof penetrations of supply and'return ducts will be handled on an indivldual basis as to the requirements of fire dampers. o. Ceilings may be used as return air plenums. p. Exhaust hoods shall have their own make up air systems. q.. Fiberglas duct is acceptable but must comply with app- licable codes. Toilet exhaust - Both conventional ceiling exhaust and ductless exhaust fans are acceptable although ceiling exhaust fans are strongly recommended. S o Rooftop units must be fastened to the structural steel. Method of installation is subject to Building Department approval. 5. Electrical ao Emergency lighting with either battery or generator back- up will be required throughout the mall and in the individual tenant stores in accordance with Section 5-9 of Life Safety Code 101; exit signs shall comply with Section 5-10 of Life Safety Code 101 and SBC Section 1124. b o Type "UF" wire is approved for exterio~r use under the parking lot and grassed areas provided it is installed 24" below grade. Conduit run below grade may be galvanized heavy wail steel or schedule "40" P.V.C. plastic. Schedule "80" P.V.C. should be used in Leu of schedule "40" where advserse conditions exist. Conduit run above grade may be galvan- ized heavy wall steel or E.M.T. conduit. P.V.C. conduit is approved. ~or use on the roof provided it is properly supported. All non-metallic conduit after the service entrance point must have a copper grounding conductor run in the conduit. e. The use of "BX" armored cable is prohibited. Sealtite or Liquidtite conduit cannot exceed 6' in length and must have a copper grounding conductor run either inside or outside the conduit. go Flexibile metallic conduit (standard greenfield) is approved in lengths of 6' at indoor dry locations for short connections to lighting fixtures, etc. Although not strictly required, it is recommended that asounding conductor be run in all flexible metallic conduit. h o A #12 A.W.G. is the minimum wire size permitted for branch circuits. Aluminum wire is permitted only in sizes #2 or larger. Use of all aluminum wire is restricted by exact require- ments and approvals (see uniform amendment to N.E.C. - county code). j o Fixture wire run past the ballast of fluorescent lighting fixtures must be rated at least 90 degrees C. .k. Individual fusing is not required for fluorescent fixtures with Class "P" ballast. 13 BUILDING (cont'd) 1. The meter points will be bus in trough protected by a main switch. The rule of six (6) main disconnects will apply to each meter point. Meter rooms are not required, meter points will be mounted on the exterior of the building. m. Individual disconnects at the meter points wilI be used for room services. A main disconnect in the tenant rooms is not required if an individual room disconnect is installed at the meter point, however, it is recommended that a main disconnect be installed in the tenant's panel. n. Direct feeding of individual rooms underground from the transformer vault will be permitted provided that a disconnect switch is installed at the point the service enters the room. o. Service entrance grounding is accomplished by means of a driven grounding electrode. The building's metallic water piping system must be effectively bonded to the grounding electrode conductor. It is recommended that the building steel also be bonded although it is not required. p. The use of double locknuts is recognized for ground con- tinuity on metallic conduit provided the equipment hole is punched to the proper size. Where concentric or eccentric knock outs are utilized, a bonding type busing with a jumper wire will be required. q. Circuit directories for panels must have permanent ident- ification markings (preferably type written). r. The proper color coding of wire is as follows' 208 volt system; "A" phase - black, "B" phase - red, "C" ph'ase- blue, "neutral" - white. 480 volt system; "A" phase - brown, "B" phase - orange, "C" phase - yellow, "neutral' - gray. Color coding may be accomplished by either taped or painted ends. · s. All HVAC units must comply with the manufacturer's name- plate rating for overcurrent protective devices. Where the nameplate markings specify a maximum fuse size for the unit, fuses only will be acceptable a~ the overcurrent protective device. t. All fuses and circuit breakers shall comply with Article 110~9 of the N.E.C. regarding the interrupting ratings of protective devices. For purposes of determining the available fault current which the protective devices must interrupt, the Inspection Department will use fault cu-rent information supplied to them by the Power Co. u. Individual meter point disconnects for the tenant rooms must be labeled to indicate the number of the room being served. Where more than one main switch is located at a meter point, each must be identified as a "main disconnect." Identification markings for meter point service disconnects ~must be a permanent type. Etched micarta nameplates are acceptable for this purpose. v. All air-conditioning and heating components installed on the roof must have a 120 volt a/c convenience outlet located convenient To the ~eneral equipment area. w. The metallic water piping system ground connection should be kept cu. ~ of the electric closets. The bonding jumper ground wire ms permitted 5o be run up to 8' outside of the electric closet to reach the water piping connector point. 5iechanical protection should be provided for the ground wire where it is subject-to ..physical damage. 14 BUILDING (cont'd) yo In accordance with Article 410-65(c) of the N.E.C., all recessed incandescent Iighti.ng fixtures shall have thermal protection and shall be so identified as thermally protected. In accordance with Article 410-66 of the N.E.C., thermal insulation, including insulated H.V/A.C. ductowrk, shall not be installed within three (3) inches of the recessed fixtures enclosure, wiring compartment, or ballast and shall not be so installed above the fixture as to entrap heat or prevent the free circulation of air unless the fixture is otherwise identified for installation within thermal insulation. Where recessed lighting fixtures are installed in a fire rated ceiling, (such as the lower level ceilings of a multi-level department store), the U.L. design standards as listed in the 1982 fire resistance directory will apply to the mounting, enclosing and support of the fixtures. Fire Protection Unleased areas need not be sprinklered. However, should any unleased area be used for storage of any sort, the interior metal stud divider walls must be 5/8" type X drywall applied from existing floor and sealed tight to the underside of roof deck. b o Fire extinguishers shall not be .required within the fire exit corridors.. C o The entire mall cenver section, specialty shops, and department stores will be totally sprinklered. do Wall post indicator valves will be used in lieu of yard post indicavor valves out in the parking lot. A siamese connection (Fire Dept. connection) shall be located at each riser. f. The mall is nov located in a fire districv. go h° The sprinkler system can be either schedule pipe or hy- draulically calculated system (Ordinary Gruop Hazard II). Sprinklers are not required in switchgear, telephone equipment, electrical meter and elevator equipment rooms, elevator shafts, walk-in coolers and freezers. i. Wall indicator va'lves may be chained. The mall, concourse and tenant areas are allowed to be fed from the same sprinkler. k. The Fire.Department utilizes National Standard Tread. 1. Fire hydrants are to have 4-1/2" steamer connections. 2-1/2" hose valves shall be located in all fire exit ~corridors, 6'-0?' back from door leading into concourse area. Hose valves are not required to be in cabinets. The 2-1/2" hose valves will be supplied off the sprinkler systems across mains. Unleased tenant areas are nov required to have a. sprinkler system. .15 BUILDING (cont'd) p. The Fire Department is requiring all tenants to have a 10 lb. multi-purpose fire extinquisher located at a maximum travel distance of 75' from any point in each room. Also 10 lb. multi-purpose fire extinguishers are required in telephone equipment, switchgegr and electrical meter rooms. q. A remote fire alarm panel shall be supervised by a remote monitoring station such as Honeywell, ADT, or Security Central. r. Alarm bells are not required throughout the mall. APPROVED AND ACCEPTED THIS OF October , 1982 by' 26th DAY ROBERT J. S~RE%BER, Vice President CITY OF BOYNTON BEACH, FLORIDA BY