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Minutes 10-12-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 12, 1982 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous 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 and called attention to the empty seat. Chairman Ryder said the spot was empty because the Board had received a letter of resignation from Simon Zive. He advised that the Board would proceed with its present complement until such time as the Council comes up with a replacement. Chairman Ryder further introduced the City Planner, Assistant City Planner, and Recording Secretary. He also acknowledged the presence of Councilman Joe DeLong, Vice Mayor James R. Warnke, and City Manager Peter Cheney. MINUTES OF SEPTEMBER 14, 1982 Patricia Ramseyer, Recording Secretary, wished to make a correction. As Simon Zive was still a Member of the Board on September 14, his name should have appeared under ~ABSENT", as "Excused". Vice Chairman Winter recalled that Mr. Zive did call him and ask to be excused. Mrs. Bond moved that the minutes be approved as co~scted. ~r. Hester seconded the motion, and the motion carried 6-0. ANNOUNCEMENTS The only announcement Chairman Ryder had to make was about Mr. Zive's resignation, and he had already made that. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS': '7:30 P. M. PA~fING LOT VARIANCE REQUEST MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Project Name: Agent: Owner: Location: Description: Gentleman Jim's Restaurant Henry J. Solomon Gentleman Jim's, Inc. 2404 So. Federal Highway Relief from requirements of Article X "Parking Lots" Chapter 5, Section 5-141 (E) of Ordinance #82-8, which would require storm water cOntainment capacity to be designed for a minimum of 3" of rainfall in one hour Carmen Annunziato, City Planner, informed Members of the Board that the request is in connection with the construction of a 400 square foot addition to the lounge and restaurant area of Gentle- man Jim's restaurant. The applicant is proposing to reconstruct his parking lot. Chairman Ryder asked Tim Cannon, Assistant City Planne~ to help in pointing out the lOcations. Mr. Annunziato continued by saying that the proposed construction is located just to the west of the existing building, just to the south of the entrance. The way the Parking Lot Ordinance is written, any addition to the square footage would require that the applicant bring his parking lot up into a manner which is consistent With our parking lot construction codes. Mr. Annunziato said the applicant has brought his parking lot up to be consistent with current Codes save for the requirement of having to contain storm water run-off on site. He thought the reason was obvious, and that is~to change the grades and add on site retention or on site drainage for his parking lot~ Would probably exceed what would be~ a reasonable cost ~r what would be expected for an improvement of~this size. .~ To that end, Mr. Annunziato stated that the Technical Review Board forwards to the Planning and Zoning Board a recommendation consistent with Section 5-144 (c~ (4} of the Code of Ordinances. What the Technical Review Board recommends is that the request for Variance be approved only to the size and scope of the new project as it relates to the total capital improvement which exists on site~ Mr. Annunziato added that it is a rather marginal improvement in terms of dollars. Mr. Annunziato advised that the applicant has made an effort to make design changes to his parking lot to bring it up to Code in terms of back up space, parking stall size, parking striping, and signing. In the final sentence of his memo to the Board, which comes from the Technical Review Board, Mr. Annunziato asked the Board Members to note that the applicant noted that he was going to add mercury vapor lighting to the site. Mr. Annunziato advised that-this is inconsistent with the current COdes. In fact, Mr. Annunziato continued, the existing lighting and the new lighting have to be an energy efficient type such as metal halide or sodium vapor. Chairman Ryder asked if the Technical Review Board was in - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 possession of anything which would indicate existing seepage basins or profiles or any grading that exist at the present time. Mr. Annunziato replied, "No sir. The Technical Review Board did not have available any kind of technical documents to indicate the flow and volume of drainage." Chairman Ryder asked if the parking area that they see substantiates the one that exists now. Mr. AnnUnziato replied, "Yes sir." Henry J. Solomon, owner of Gentleman Jim's, 2404 South Federal Highway, Boynton Beach, did not have a copy of what they submitted to the Board as far as the variances are concerned but said it was prepared by Mr. John Grant, who is an engineer that they brought on the site and who took elevations showing that no water is being presently put out onto U. S. 1. All the water is carried back towards the rear of the property and eventually into the Intra- coastal. Mr. Solomon stated that they are like 1-1/2 to 2 inches lower at their building level than U. S. 1. Mr. Solomon said they drop off to a period of about six inches to the back end of their lot, so it is just about a practical impossibility that they would ever drop water towards the west because all of their drainage is going towards the east. Elevations were taken of those areas and confirmed by Mr. Grant in the application Mr. Solomon submitted. Mr. Wandelt asked if the additions were to the east of the build- ing. Mr. Annunziato replied, "Yes." Mr. Solomon informed Mr. Wandelt that it was right on the front lawn area, coming west. Chairman Ryder questioned whether it was at the side of the present entrance. Mr. Solomon replied, "Yes. As you come right down the walk way ~s you see that walk way) in other words, you will be taking a left coming into the foyer where the hostess would be standing. You will have another door which the Fire Department is very happy-about because we are going to have another door going into the lounge area, so we will actually have two doors going into that area. We are basically talking about 400 square feet, which will comprise a dance floor area and a few additional tables. We are making it a little bit more comfortable for people we are jamming in there right now. As I said, the addition is really not that large when you start talking about a 7,000 square foot building versus 400 square feet." Mr. Solomon addressed Mr. Annunziato's last paragraph. He had a lighting engineer come up and take a look at the property and he (the engineer) recommended three additional lights across the back and one on the corner of the building. Mr. Solomon said he and Mr. Bob Parnett, Florida Power and Light Company, were out looking at the parking lot, and Mr. Parnett recommended that they had existing lighting of 20,000 rlumens there, and he said, "What I would do if I were you would be to go to 50~000 on the existing poles that you have, and you are probably more than surpass what you are required to have." That, basically, was what Mr. Solomon submitted. With the sodium vapor that they are recommending at the present time, Mr. Solomon said they would have adequate light- ing and should meet all: of the requirements of the Code, which they would be very happy to do. Another fellow came up this afternoon - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 and he said he thought they would even exceed it, Mr. Solomon reported. Mr. Solomon did not feel that they could get enough light- ing back in the back end of that property because a lot of elderly people do come to their restaurant. He estimated their average age is probably anywhere from 55 to 75. Mr. Solomon informed the Members of the Board that they are going to do some resurfacing on the lot; they are not changing gradings; they are going to seal coat the lot, double stripe it according to the ordinance; and, hopefully, even make it a better place to come than it is now. Chairman Ryder commented, "And of course the striping which you are lacking right now." Mr. Solomon informed him that they have striping now but it is single striping. He repeated that they have striping and said they are basically laying out the lot to make it a little mor.e convenient with the dOuble striping but resurfacing an area that is a little rough and seal coating it after they resurface that area. Mr. Solomon said they are not changing any grade lines at all. They are using the same base and going right over existing black top. Mr. Linkous moved to grant the relief from Article X "Parking Lots", Chapter 5, Section 5-141 ~} of Ordinance ~82-8. The motion was seconded by Mrs-. Bond and carried 6-0. Presentation ~ ~iny NewbOld, Flo'rida PoWer& Li'ght Company Carmen Annunziato, City Planner, said Craig Grabeel, Energy Coordinator, suggested to him that Florida Power & Light Company finds this presentation that Mr. Newbold is to make benefiCial and enlightening with respect to the kinds of activities that Florida Power & Light Company proposes for the City of Boynton Beach. Mr. Annunziato said some of the Members may have noted that several of our main arterials have had the lighting changed from the mercury vapor lights to sodium vapor, and Mr. Newbold is hereto discuss with the Board some of the plans that Florida Power & Light has. Mr. Newbotd brought with him a demonstration as to different kinds of lights. Mr. Annunziato thought perhaps he could give some information as to what it means in terms of savings for similarly sized light fixtures. Mr. Annunziato introduced Mr. Newbold to the Board. He said that Craig Grabeel was not present tonight, but he knows all about this Mr. Newbold informed %he Board that they were seeing tremendous changes in the area o~ street lighting in our communities. He added that they are seeing changes in their street lighting systems throughout the state. It started in 1980, and it came to fruition in 1981. Mr. Newbold said they were given mandates from the Public Service Commission of Florida and also the Department of Energy to reduce the overall energy consumption for not only their residential customers but also their commercial and industrial type customers within their service territory (meaning Florida - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 & Light). Since that date, Mr. Newbold said they have a~ggressive!y pursued ways wherein they can reduce the total energy of consump- tion by their customers. One of those things which they have implemented is that of street lights. In 1981, when they first performed their study, Mr. Newbold said they had in their service area approximately 214,000 Florida Power & Light Company owned lights that were being rented to their customers. In addition to that, they had approximat.ely 50,000 lights that were owned and operated solely by their customers. In looking at street light conversions (that of taking out the in- efficient fixtures which they have in the fiels), Mr. Newbold said they have opted to purchase more energy efficient street lighting luminaries to offer to their customers. Mr. Newbold had two of the typical type of installations with him which he said the Members were apt to see as they go to and fro on the public streets. The fixture to his immediate left was a sodium vapor, typical of the type they are placing in the field. The fixture to his right was a mercury vapor system, which is the old inefficient type which now exists in most of the communities. The one to the right (mercury vapor) uses approximately 140 watts of electricity to operate. The one to the left (sodium vapor) uses 70 watts of electricity to operate. In terms of total output, the light on the right produces 4500 lumens of light (_a terminology of measurement~of the light source for FP&L); and the one to the left produces 5800. In terms of total efficiency, Mr. Newbold said you could see that would increase the efficiency of the two fixtures roughly 50%. In addition, the cost of those two units are now not~.in equity Mr.~ Newbold informed the Board. He said the one to the right presently surpasses that to the left by approximately 27%, total operating cost. Therefore, when you look at the total impact that street lighting systems can have on municipalities the size of Boynton Beach, Mr. Newbold said it does equate to a sizeable amount of dollars, which goes toward lighting public right-of-ways. With the help of Craig Grabeel, Energy Coordinator (he and Mr. Newbold did a study of Boynton Beach the early part of 1981_and, in doing so, took into account the total number of lights which the City was paying for as of July, 1981), Mr. Newbold stated that as of July, 1981 there were 2,175 lights in existence in the City. He said the total energy consumption of-those lights totaled roughly 158,377 killowatt hours of electricity per month. In terms of real dollars, Mr. Newbold believed it came out in the neighborhood of $20,000 per month that the City pays for its street lighting system. In effect, what we 'have now done through energy conservation, Mr. Newbold continued, is now we have increased the total lighting out- put for the City. At the same time, they are holding the operating costs at about the same $20,000. In essence, Mr. Newbold said they perceive that as the City's street 'lighting system grows, ~hat they - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 will h~ able to add lights to %he.system and ~s%ill maintain that cost factor. The big plus for the 'conversion fat this point relate~ to %he ~fach.~.-~tQ3at they~re using less killowatt hours per month; therefore, the fuel adjustment charge and energy 'conservation charge assessed to the City for the oper- ation of those lights would be reduced roughly 50%. In essence, what they are doing in working with the City of Boynton and other cities throughout their service territory is that they are allowing their customers to choose between two' light sources. (Mr. Newbold explained it was not as an option but it is a mandate.) Mr. Newbold added that the light on the right has been discontinued from their inventory. They are no longer offering their customers mercury vapor lighting as a lighting source. All of their lighting systems will be comprised.solely'of the sodium vapor type.~. Chairman Ryder assumed that was what the City is getting in the new City park and County park on Congress Avenue. Mr. Newbold said that was a little different. He heard Mr. Annunziato mention earlier metal halide. He said metal halide was a form of mercury vapor lighting. At the City park, Mr.' Newbotd said they are getting sodium vapor for the parking lots. For the County park through- out, they-~are installing their own lighting system, which is metal hallide Sa white light source). Mr. Newbold gave a little history on sodium by saying sodium basically is a yellow glow and most of us who have been around Florida for some time and have seen the first generation of sodium vapor lights have lOoked at sodium and have been told that sodium is basically a crime deterrent kind of light. It has been given a bad name in the past but, because of the changes in the industry, now no longer can' any of us comfortably say that lighting is a deterrent to crime, nor is sodium vapor an 'indication that the location of those lights would give one the feeling of being in the high crime area, That is not the fact, Mr. Newbold stated. In essence, what we now have is a more efficient light source in place, Mr. Newbold told the Board. In terms of the total yearly savings which they, at Florida Power & Light have projected for their system, Mr. Newbold said they are looking in terms of Six Million Dollars in 1981 as the typical savings that they would experience in a given year. Mr. Newbold believed that savings for the City of Boynton ~each comes down,_in terms of the' number of barrells of oil'they would displace (he did not have' his figures but said if they diSplace ~oughly 1551 barrels of oil per month in_ the total energy usage.here in the City of Boynton Beach), at $32.00 per barrel, a quick calculation would show that is a sizeable savings which is passed directly back to their customers in the form of fuel adjustments and concentration adjustments which would be lowered. In recap, Mr. Newbold said what we are now seeing throughout our communities, this community is aggr~ESi~etypUFsu~ng energy conserva- tion as its goal. They, at Florida Power & Light, are offering the communities that they service as much assistance as they can in - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 lowering the total operating expenses. Vice Chairman Winter determined that the fuel adjustment costs was were the savings were because one was 140 watt and the other was a 70 watt. He asked how they could both get the same oper- ational costs. Mr. Newbold answered that they were looking, basically, at a brand new system. He said when they went to the Public Service Commission to approve the rates, as he mentioned before, there was close to 17% difference in the operation of those two fixtures but when you look at the capital expenditures which are being made, Mr. Newbold said they are presently spending about 8 Million Dollars to pursue this conversion program, not all in the City of Boynton Beach but throughout their system. In order for them to show that there is a net savings in this system, Mr. Newbold said they had to first of all start at a point where they had equity, and that was with the existing rate structures. The rate structures that we have now take into consideration not only burn time but also the capital expenses for those facilities in the field. Therefore, the two rates are fairly close. Mr. Newbold said what they will see in the future is a widening of the gap between the two. As this one becomes obsolete, any uses that they have in the field woul.d become highly exaggerated, Mr. Newbold advised. Therefore, the customers would be paying for a totally inefficient system. Chairman Ryder thought everyone was aware that the City's Energy Coordinator, Craig Grabeel, is a Member of the Technical Review Board. When the Planning and Zoning Board is asked to consider some of these larger developments, Mr. Grabeel usually comas forward with the recommendation, that sodium~vapor lighting be in, Chairman Ryder informed Mr. Newbold. -- In October of 1981 (roughly, a year ago), Mr. Newbold said they are no longer offering* to their patrons the mercury vapor light so effective with that date, every installation which they place in the field would be sodium. The new developments which are coming into the City whenever lighting is an aspect, be it created by the City through a letter of authorization from the City Manager's office or be it from the developer directly, Mr. Newbold said their offerings will be of sodium vapor. He stated they are trying to do two things for their customers. One is to provide adequate lighting, ~not only for the area but also for the road surface. Most of their designs are based on that criteria (putting the light where it does the most go~od~. If they classify it as street lighting, then Mr. Newbold said they would like to see the light on the street more so than "key hole lighting" (FP&L terminology meaning affording the customer the means of walking to his door and putting the key in the hole at the City's expense) with the same services available to the private property owner. More so, Mr. Newbold added, their focus is on the City and lowering the City's oPerating costs. Mr. Linkous asked if they are replacing the mercury vapor now with sodium vapor. Mr. Newbold answered "Yes" and said they have a - 7 - *corrected per 11/9/8~ minutes MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 light for light replacement. Every place in the field where they have the type on his right existing, the one on his left is its replacement, Mr. Newbold informed the Board that the lighting lumen there or lighting quality comes in different sizes. This being the smaller of the size, Mr. Newbold said they can go up as high as 50,000, which he heard mentioned earlier tonight. Depending on what is in the field, Mr. Newbold repeated that they do have a light for light replacement. Mr. Newbold added that in working with Craig Grabeel, they have done something totally different in the City of Boynton than .they have done in any other City. That is that they have reduced the total number of fixtures which they had on public right-of-ways (U. S. 1, being more specific) to about 40% of what was there. If those who have traveled U. S. i would recall, almost every pole that they had on that highway had a light on it. Through their conversion program, Mr. Newbold said they have come and removed roughly 40% of the lights which were there. At the same time, through sodium vapor lighting, they were able to maintain the same or greater lighting level than existed. Chairman Ryder asked if the poles were also removed. Mr. Newbold replied that the poles are still there. Hopefully, in time, Mr. Newbotd thought they would be able to remove the poles totally but at this time, he said they simply do not have the time or the mechanism wherein they can totally remove those. In effect, they have reduced the number of lights on Federal Highway~but they have increased the amount of light on the roadway surfaces itself, which Mr. Newbold thought was a 'big plus for Craig Grabeel and other people in the City who are concerned about energy conserva- tion. He said it became such a success that they are no longer allowing their customers to do that. SUBDIVISION MaSter Plan Project Name: Agent: Owner: Location: Description: Palm Beach Commerce Center Wendell F. Orr, Jr. Iraj Amir Motazedi SW corner Woolbright Rd. and Interstate 95 Changes in utility and street plans; changes in number of lots and buffering from approved Master .Plan for Boynton Central Park, Planned Industrial Development Chairman Ryder said the Members may recall that this was actually the first PID or Planned Industrial Development or industrial park that the City of Boynton Beach was asked to consider, which they did. However, a lot of~time passed and Chairman Ryder understood a lot of owners have passed along, and the Board now has a request for modification. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 In accordance with the City's requirements, Chairman Ryder said the City Council is required to consider this first from the standpoint of whether the proposed changes in the master plan constitute a major modification. In the event it is considered a major modifi- cation, then they start from scratch. The matter did come before the City Council last week, Chairman Ryder advised, and the City Council did not consider it a major modification. Therefore, in the normal course of events, it passes on to the Planning and Zoning Board for the same consideration. Chairman Ryder asked Carmen Annunziato, City Planner, to have the plans on hand that were considered previously (in.fact, some go ~back to 1978~ in case they are needed. Mr. Annunziato said the request was for a modification to a master plan. He apologized for the quality of the overlay. When you are on Woolbright, approaching 1-95, on the righthand side, just past the E-4 canal is the undeveloped area they are talking about and where this industrial park will be located, Chairman Ryder told Members of the Board. Mr. Annu~ziato said there is an existing median cut in Woolbright just west of the Interstate. That would be the entrance to~ this proposed development. Mr. Annunziato advised that the property was zoned in the late 70's for a Planned Industrial Development based on a master plan which provided for 19 lots plus a large drainage and landscaping tract on the west side of the property. Not included in this PID mas~er plan modification are the two parcels located on Woolbright Road. They are owned by the same property owner but they are zoned commercial and are not a part of this application, Mr. Annunziato clarified. Mr. Cannon pointed them out on the map, Mr. Annunziato continUed by saying that access to the Planned Industrial Development will be via an 80 foot right-of-way which connects to Woolbright Road and then reduces, in this instance, to a 50 foot right-of-way with curb_~and gutter culminating in a cul-de- sac somewhat 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. Mrs. Bond asked if this was not the property that they were supposed to give the City some land for wells to be built in there. Mr. Annunziato replied, "Yes." He said he would address the well in just a second. To lay out the point of'view from which the Technical Review Board reviewed this master plan modification, in terms of the services that the City provides and the impact on City infrastructure systems, the Technical Review Board found that there was literally no difference between the existing approved master plan and this modification, Mr. Annunziato advised. He added that the develop- ment concept is somewhat different in that you do not have 19 one acre lots. You have seven lots, which are large~ in size, and more integrated in terms of development style and potential. Also, - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Mr. Annunziato said they had some definitive statements which are being made about what degree~-of opaquenessis on thewestern green belt, which separates this property at the E-4 Canal from Leisure- ville, Mr. Annunziato advised that we now have some very firm information as to what that means in terms of our development ordinances. Service to the site, waterwise, will be from an existing 16 inch water main w~ich was installed approximately a year ago. The parts of the water main will have to be removed and contructed in place in order to provide for the curb which now appears in the road. The initial plan called for two 90° turns, Mr. Annunziato continued (_a 90° to the west and a 90° to the south). He said the applicant was proposing to take the 90° out of the roadway and replace with an "$" curve. Mr. AnnUnziato advised %hat this will result in removing and relocating the 16 inch water main. Internally, the water to serve fire protection and domestic flow will be provided off of this 16 inch water line which wi~l.~be, looped consistent with the Fire Department requirements, Mr. Annunziato continued. Also, fire hydrants will be located at proper locations. Sewerwise, Mr. Annunziato said there is one lift station which will still serve all three parcels in connection with an existing force main which is located approximately an equal distance from their property on Woolbright Road. Mr. Annunziato made an attempt to list some of the changes for the Board and the Council on page 2 of his memo. He stated that he noted under "Utilities" that they wi!~l take the bends out of the 16 inch water main. Concerning the streets, Mr. Annunziato said they go from a public mode to a private mode. The entrance road ~as initially approved to be a 60 foot road right-of-way with swales. The applicant is pro- posing to construct a 50 foot right-of-way with curbs and gutters. Mr. Annunziato noted the two 90 degree turns and said now, concern- ing the full access to 1-95 right-of-way provided through the Seaboard Airline Railroad right-of-way, which would have been to the west or to the east on the existing plan, Mr~ Annunziato advised that on this plan access to 1-95 is to b~ pr~ovided~from S'.W._ 23rd Avenue. He said there is real access; it is marginal, but it is probably the only access that could ~ver exist if ~O.T, ~ver~e~inq~is~hes that property for public use or for non-DOT (Department of Trans- portation~ use. Under land use, Mr. Annunziato said they have 7 lots as opposed to 19 lots. They have 76 feet of landscaping, parking and subterranean drainage as opposed to 50 of landscaping and open drainage area to the west of the entrance road, and they have 75% minimum landscape screen to be provided in the required 40 foot buffer at the west property line, whereas, it was just a general note, "Trees to be added to required 40' buffer at west property line." - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Mr. Annunziato said he would go into the explanation concerning the surplus right-of-way and access to the lands to the east of the eastern Seaboard. The Chairman did not think it_was that necessary. Concerning staff comments, Mr. Annunziato advised that there are some and they are really basic on what Mrs. Bond brought up, and that is access to our water wells. Mr. Annunziato said there are two water-wells that the City has constructed which exist on this propert~ on the easterly property line, within the green belt. Mrs. Bond asked if there wasn't a discussion at the time where the people wanted to use'~the side of the property on the canal for recreational purposes at that time. Mr. Annunziato informed the Members that discussion came up approximately a year ago. Because of the concept that is proposed here and because that property would have required that the City maintain their drainage ditch, Mr. Annunziato said the concept of that point of view from the staff's position is that is no longer a reasonable thing to request or even to accept. Concerning the water well situation, Mr. Annunziato stated that this property is planned to take eight water wells to feed the expansion of the existing water plant. Two have already been constructed. Basically, they will lie on the eastern property line and on the western property line in a green belt easement. Mr. Annunziato advised that each water well will have surrounding it a 100 foot radius hazard easement. This was a Health Department requirement placed on the City. Mr. Annunziato continued by say- ing that the current owners'have agreed to dedicate these easements to the City. However, the prior owner of the property has not agreed to relinquish easements to the City and has not signed. Mr. Annunziato explained that he carries a mortgage and apparently has the ability to hold back the approval of these easements. He said the City has taken steps to condemn the necessary easements for wells and access to wells. Mr. Annunziato added that this is an on-going process, concurrent to what we are doing now, and it really is not the fault of the existing property owner. That is the position the City has taken. Mr. Annunziato read the staff comments, as follows: Utility Department: "(1) that the developer provide temporary and permanent access to the proposed water wells." Mr. Annunziato explained, "Temporary access if, in fact, easements have not been .recorde~d or roads have not been constructed to where we can get to our water wells and permanent access once the develop- ment is platted." He further read: "(2) that the developer provide unobstructed access to the existing or proposed water wells." - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Mr. Annunziato told the Board this is to .say that there will be no parking of cars in front of our.water wells or placing an obstruc- tion which will make it impossible for us to get to our water wells. Planning Dept.: "(1) tb~t the developer provide turn lanes at the intersection of the entrance road with Woolbright Road, as noted in the traffic impact statement;" From the south approach, on the new road which will be constructed, Mr. Annunziato said there is a requirement for a left turn lane and a right turn lane. "(2)_ that the developer provide signalization at the in%er- section of the entrance road with Woolbright Road if and when warranted.by the County Engineer and bond same; and (3) that the developer dedicate well site eas~ents and all easements required to serve the proposed water wells." Mr. Annunziato advised that the staff recommendation is that the master plan modification be approved, subject to comments. Chairman Ryder pointed out that at the inception of this, there was some feeling on the part of the people across the canal (.Section 10 in Leisureville). He said they didn't know just what was going to happen. Subsequently, they were reassured that in no way would they be hurt. Chairman Ryder said what was originally approved still prevails. There is a 40 foot green belt; there are rows of trees; beyond that, there is a wide road so that there are several hundred feet intervening between the west side of the canal and where any of the activity or buildings would be. Chairman Ryder referred to a section which shows the comparative locations of the canal and a new development. In that regard, he said'there has been no change. Chairman Ryder pointed that out because at that time, this was the subject of much controversy and discussion but eventually, every- body felt that they were satisfied. That, ~f course, is still being maintained, Chairman Ryder confirmed with Mr. Annunziato. There were two more things Mr. Annunziato failed to mention that came up. These items came up under discussion at the Council meet- ing. One concerned a review of all plans by the Community Appearance Board - that that become a .requirement on this applicant, and that is something which the applicant will have to conform with. The second is that the Council strongly recommended to the property owner that the name reflect a Boynton Beach location as opposed to a Palm Beach location. To that end, Mr. Annunziato read a letter which he received from a representative of the owner (Martin Hackman, Martin Hackman & Assoc. Inc., Lic. Real Estate Broker, 891 East Palmetto Park Road, Boca Raton, Florida 33432), dated October 12, 1982: - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 "In reference to your letter of October 7, 1982, to Mr. Wendell Orr, advising us that the city council has approved our request for master plan modification for our industrial park located at Wool- bright, west of 1-95. This letter will serve as notification that we will change the name from Palm Beach Con~erce Park to Boynton Beach ~ce Park as per the request of city council." Wendell Orr, 4921 Oleander Avenue, Fort Pierce, Florida 33450 came before the Board and stated that Mr. Annunziato had fairly well outlined all of the concepts pertaining to this particular develop- ment. He simply wanted to recap the fact that the owner's feeling on their design concept from the very inception was to try and simplify the plan as .to lots, size of the blocks, road circulation for traffic problems, etc. To this end, also, Mr. Orr said they have talked to James Rhoden, Fire Chief, and tried to coordinate with him ~as te What his requirements would be in case of fire. They-al'so spoke withl Chief Rhoden in'terms of location of fire lines and fire hydrants to service the property. Chairman Ryder asked him if he found no problems with-any of the conditions laid down by the Technical Review Board. Mr. Orr said the conditions laid down by the Technical Review Board would be adhered to. He spoke to the owner, and he has no objections to these requirements. Mr. Linkous had a question which he believed Mr. Orr clarified when he said the owner had no objections to the right-of-way access to the wells. Mr. Orr replied that the owner had not indicated to him that he would' object in any way, shape or form to access to the wells. Mr. Wandelt asked, "What about the former owner or the one who holds the mortgage - the one that has not agreed to it? You men- tioned that Carmen. The one that holds the mortgage on the property," That was what Mr. Linkous was alluding to. As Mr. Hackman was in the audience, Mr. Carmen Annunziato, City Planner, wished the Board to direct their questions to him. He said it would be more appropriate for Mr. Hackman to speak. Martin Hackman, 801 DeSota Road, Boca Raton, Florida 33432, one of the owners, came forward. Mr. Wandelt said, "As I understand, you do not agree to the right-of-way for the wells." Mr. Hackman said he did agree. He said they had some difficulty with Mr. Jarvis and Mr. Shultz, who were the previous owners. To give the Board some background, when they bought the property, Mr. Hackman said they had Mr. Jarvis and Mr. Shultz take back some of the financing. When this issue came up, Mr. Hackman said they asked Mr. Jarvis and Mr. Shultz to give the easements to the City free of charge. He said they got a lot of static. Mr. Hackman did not know what happened in the past and was not really concerned. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Since Mr. Jarvis and Mr. Shultz sold it to them, Mr. Hackman said they told their people that they owed Mr. Jarvis and Mr.- .Shultz money and they were not going to pay anything on the mortgage unless they get the easements, so it was a stand off. What they did was they signed the easements, put the easements up in escrow with the attorney, and when the plan is approved, Mr. Hackman said the .easements will be delivered to the City free of charge and the City can void its condemnation sUit. Mr. Hackman added that he has been in constant touch with City Attorney Vance and they have been working together on a day to day basis. Mrs. Bond determined that the City will have no problems main~ taining the wells and will have access. Mr. Hackman replied, "That's right. It will be free to the City." Chairman Ryder asked if Mr. Hackman said City Attorney Vance feels there are no problems in that regard. M'r. Hackman answered, "That's right." Mrs. Bond moved that the master .plan modification for Boynton Beach Commerce Park PID be approved, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 5-0. SITE PLANS Project Name: Agent: Owner: Location: Description: Palm Beach Leisureville Modification James G. Torbit Palm Beach Leisureville Community Association 1007 West Ocean Dr., Lake Terrace State Rd. 804 1820 West Ocean Drive Aluminum cover over Barbeque Pit Decorative Walls & Pillars Outdoor Barbeque at Golf Pro Shop Tim Cannon, Assistant City Planner, said the site plan modifica- tion comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board. He told the Board there were no comments. As apparent from the application, Mr. Cannon said these are three minor modification to the Palm Beach Leisureville site plan. The applicant is asking for approval, first of all, of an aluminum shelter over the barbeque and a recreation bUilding on Ocean Drive, The second proposed improvement is an additional barbeque a% the pro shop. Finally, the third proposed improvement would be a three foot high decorative wall along with pillars on both sides of the entrance on Lake Terrace and State Road 804. Mr. Cannon said the only real question concerning this application is whether the Condominium Associations on whose property~these walls would be located, have authorized their construction. He Said authorization by the owner of the property is required on the site plan application, so the Planning and Zoning Board may wish to clarify this problem before approving the site plan modification. To amplify what Mr. Cannon just said, Mr. Annunziato added that they - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 looked at the plat of this~ section of Leisureville, and Lake Terrace Drive is a private road right-of-way. He said there is a condo- minium on the east of it and a condominium on the west of it. Their property lines go to what is the center line of this private roadway easement. In effect, Mr. Annunziato informed the Board, this road is private property, and this wall would be put not on Palm Beach Leisureville Association property but on the property of Condominium C and Condominium D in Leisureville. The point Mr. Annunziato was trying to make is there is a ques- tion as to whether the Association, which is a maintenance associ- ation, can construct a wall on these properties without having first secured the approval of Condominium Associations C and D; as well as the fact that these are roadway and utility easements on which they are proposing to construct these walls, which poses an additional problem. Chairman Ryder informed Members of the Board that as usual, he comes to the City Planner's office on the day of the meeting to prepare himself for the Agenda. He was shown Plat #4. Chairman Ryder advised the Board that he is a member of this Leisureville development. He had not seen the plat and understands that the Association does not have any of the plats which cover their Leisureville area, which he thought was something that was highly to be desired. Chairman Ryder said they can be obtained. Chairman Ryder stated~that they do have this wall and pillar on Second Avenue and Leisureville Boulevard, which constitute the main entrance. At that point, there are single family homes on either side. Proceeding westward, Chairman Ryder said you come to another entrance on the same side of Second Avenue, and there you come into the condominium area. For those who are not aware, Chairman Ryder informed them that the Association as such does not own any of the property. The only ones that own property are the single family unit'.owners. They own their home, their plot, and they are part of the properly pri~a%e streets. Chairman Ryder continued by saying that the recreation areas and the common areas are leased from the developer. However, in the case of the condominiums, each building is a separate condominium. First of all, Chairman Ryder wanted to make it clear (and this has been a subject of controversy) that the Palm Beach Leisureville Community Association is not a condominium. It so happens that it is comprised of a mixture of some 1500 single family homes and 500 apartments. He said those are the condominiums. By loOking at Plat 4, Chairman Ryder said it was apparent that even though at the present time the entrance (_from what he gathered by looking at itl has two roadWays separated by an island. Altogether with the island and two roadways, Chairman Ryder did not think it was much more than 30 or 35 feet, but the plat shows a width of 54 feet; and it is labeled "road and utility easement." - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER~iZ, 1982 Chairman Ryder thought everyone knew that it is not permissive to construct anything in an easement area. He said this entrance separates parcel C and parcel D, which are shown on the plat, and that happens to represent a designation of the buildings. Chair- man Ryder pointed out that no longer is there a problem of not being able to build on an easement but that this easement area, as well as any area if you go off the roadway easement area, would be in condominium property. He said the question appears to be now a question of ownership. The Community Association does not own that property. Chairman Ryder thought the Board had a problem and before asking the representative to appear, he said there was no problem with the cover over the barbeque because they do have that in other areas. Chairman Ryder informed the Members of the Board that they have three recreation areas and clubhouses. They have the out door barbeque pits-, golf pro shop, and there is no problem there at all. Chairman Ryder did not think there was any problem with regard to the decorative wall and identifying pillar until he saw Plat 4 and saw there was a questi'on that this particular area is encumbered by what they call t~e road and utility easements. Chairman Ryder imagined Leisure~ille would be interested in moving with the two matters that are not controversial and possibly table the other one until an answer is found for that, or they could table them all. James G. Torbit, 2399 S. W. llth Avenug, Leisureville, told Members of the Board that the easement problem on the decorative wall was one thing he .did not know was a situation. As far as the approval of the condominium is concerned, Mr. Torbit said they have written approval of both of the condominiums - one on each side. Chair- man Ryder questioned whether they had been informed of this. As far as Mr. Torbit knew, they did not know about the easement either. Mr. Torbit informed the Board that they had copies. Both condo- miniums had copies of drawings. He had signed agreements from both condominiums and a set of drawings that he gave them. Mr. Torbit did not bring them with him tonight. Chairman Ryder pointed out that it might be that the City might require a specific indication of ownership. What he wanted to point out was if the condominium buildings, both C and D, acknowledge ownership, there are two other problems that may be involved: 1. Would that substantially enhance the assessed valuation of their properties to the extent that they might be concerned about it. 2. If this is on the property of the condominium buildings, can you rightfully assess everybody else in the development, including the single family home owners, for its cost. Chairman Ryder knew the cost was not staggering but said it is going to cost. He thought those two points should be clarified. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Mr. Torbit suggested they table that one and proceed with the others. At the time Mr. Torbit had mentioned it to Chairman Ryder, he was puzzled and wondered where the basic map was and what they were looking at. He never did see one. Mr. Torbit had the only plat that the lady at the Building Department could find for him, and the drawing he had did not show the easement or anything like that. Chairman Ryder thought the Board of Directors should consider getting copies of all of the plats that are encumbered with regard to Leisureville. He advised that this plat was Plat 4, and Mr. Annunziato had it in his office. Mr. Annunziato informed Mr. Torbit that there are almost a dozen plats of Leisureville, and they are available through the Clerk of the Circuit Court, Palm Beach County. He thought they coUld pick them up in Delray Beach but they would have to order them in West Palm. Mr. Annunziato said there were copies of them in the Engineering office of the City. Mr. Wandelt moved to table the decorative wall and pillars and that they approve the aluminum cover over the barbeque and the outdoor barbeque at the pro shop providing that it meets with all of the requirements of the Building Department. The motion was seconded by Mr. Linkous and carried 6~0. Project Name: Agent: Owner: Location: Description: Yachtman's South John Pagliarulo Paggey Investors, Inc. U. S. 1 between N. E. 15th Place & Ocean Inlet Drive 15,800 Sq, Ft. Strip Retail Center Chairman Ryder said the Members may recall that they did have a project with a similar name appear before them at one time. That is now in existence, and this development is on'the same side Qf Federal Highway (~on the east side} and one block to the south of the new, existing Yachtman's Plaza. Tim Cannon, Assistant City Planner, informed the Members that the site plan comes to the Planning and Zoning Board with~he poSitive recommendation from the Technical Review Board subject to staff comments. He said the proposal basically was for a 15,800 square foot retail shopping center. Mr. Cannon indicated the two build~ ings, Federal Highway to the west, N.E. 15th Place, the northern boundary, and Ocean Inlet Drive along the southeastern and southern boundaries. As was mentioned, Mr. Cannon said there was an existing develop~ ment to the north, which is Yachtman's Plaza, and this retail center wOuld be similar to the existing Yachtman's Plaza as far as the architecture and the layout. There would be two entrances, both of them two way. There would be one on the south at Ocean Inlet Drive and one on the north on N. E. 15th Place. Mr. Cannon said the applicant has agreed to eliminate an entrance on Federal Highway since, according to the City's Parking Lot - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Construction Codec the driveway would be too close above the other right-of-way intersections. Mr. Cannon said there would be a driveway also along the back. He showed a one way drive, and said there was some concern about the extent which the trees that~presently line Ocean Inlet Drive Would have to be removed. Unlike the existing Yachtman's Plaza, Mr. Cannon said there is also a fire lane which the City now requires in front of it. These are all two way aisles and Mr. Cannon showed the 22 foot fire lane along the front of the building. Mr. Cannon read the staff comments, as follows: Building Dept. (Edwin Winch ~ Chief Inspectorl "Bosrd of Health. permit will be required. Department of Transportation ~p~rmit will be required." Mr. Cannon added that they will have to put the sidewalk on North Federal Highway. Engineering Dept. (Tc~ Clark, City Engineer ) See Memo attached, as page 19. With reference to ~6 of Mr. ~Clark's Memorandum, Mr. Cannon said staff is requiring that the applicant install a 4 foot wide side- walk inside the right-of-way line, that is, in the right-of-way. He said the sidewalk would be a raised 'sidewalk and would be directly abutting up against the pavement. However, staff does require the sidewalk all the way around the curb. Utility Dept.: See Memorandum attached as page 20. Planning Dept.: (Timothy P. Cannon, Asst. City Planner) "1. Exact location of existing trees along Ocean Inlet Drive to be established~by survey, including diameter of trunks. Driveway in rear to be located so as to preserve trees as much as possible. 2. 6 ft. wall to extend along curved section of Ocean Inlet Drive. Coordinate exact location with Building Official. 3. Sidewalk to follow property line along south and southeast." With reference to item 1, Mr. Cannon advised that the applicant has provided the City with a ~survey that shows the exact location of trees. As to item 2,. Mr. Cannon informed the Board that this 6 foot wall is required by the Zoning Code. In addition, according to the Landscape Code, a five foot landscaping strip would be required immediately inside of that wall. He said they think it might be possible to shift this driveway ~in the rear so as to be able to save several of these trees. However, Mr. Cannon said they might have to encroach on the required landscaping strip. Since the wall is required there anyway, Mr. Cannon said it was recommended that this be left up to the Community Appearance Board as far as what they want to do about saving the trees. - 18- MEMORANDUM October 1, 1982 TO: FROM: Re: Mr. Carmen Annunziato, City Planner Tom Clark, City Engineer Site Plan ~ Yachtmants South Retail Center Comments: Drainage Calculations are wrong. Percolation rates will be required to be determined in connection with drainage calculations. Construction details for drainage structures and drain fields should be shown on plans. Type "C" inlets are recommended. A cross-section of the drainfield is required. e Ail paving elevations should be shown with respect to M.S.L. Ail elevations for the finish pavement required for construction should be shown. Consideration for a raised sidewalk cut into road- way pavement'at southeast corner is recommended. Existing elevations of N.E. 15th Place should be shown. TAC:mb Tom Clark - 19 - MEMORANDUM Mr. Carmen Annunziato, City Manager Yachtman's Retail Sho~p~'n~ Center October 5, 1982 Please be advised that there is adequate water and sewer . to serve this development. It should be called to the developer's attention that in their plannings on Federal Highway and at their east property line, that there are lines in these two areas. Along Federal Highway there is an 8" water line and a 4" sewer force main in the area where they propose to put a~ sidewalk and plantings. In ~he area at the east side of their property line, in an easement within their property, there is an 8" gravit~ sewer line. These lines were not shown in their site plan and should be shown so that contractors and sub-contractors are aware of the exact location of these lines. apt P~'rry~~A ~essn~, Director of Utilities - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Chairman Ryder asked Mr. Annunziato if the applicant was aware of the last one about sidewalks on the southeast side. that Mr. Annunziato had mentioned to him about. Mr. Annunziato explained that the comment Chairman Ryder was referring to concerns the construction of a sidewalk on the south of his property in the southeast corner and then as you go in a northeast direction along Ocean Inlet Drive. He said our pavement on the south is within three feet of the property line and the southeast corner of the property encroaches on the applicant's property. Mr. Annunziato said this was done 20 or 25 years ago. In order ~o install a sidewalk, Mr. Annunziato ~advised they are going to have to have the applicant cut into the pavement and raise the curb and construct the sidewalk behind the curb. Trafficwise and operationally, they addressed the issue with the Police Department. Mr. Annunziato said it does not cause a problem, owing to the fact that Ocean Inlet Drive is one way out at this location, and there exists currently 19 feet of pavement for this one way traffic. Taking away a foot and a half of asphalt would not impair traffic, Mr. Annunziato continued. He said they discussed this proposal with the applicant at great length, and he understands what it means and how it applies to his site plan. He has found no problem with it, and Mr. Annunziato said it seems to be a reasonable way to construct a sidewalk given the condition that exists. He added that it is somewhat a little different than what we normally do. Chairman Ryder commented that this was the site where Duff's was going to come at one time. John Pagliarulo, 3546 South Lake Drive, Boynton Beach 33435, listened to the staff comments that were made, and he had a few items which he wanted to introduce for the record so that it could be entered a% a later d. ate. Mr. Pagliarulo noted it was mentioned that he waivered the entrance off of Federal Highway since it was in non-conformance with the new Parking Lot Ordinance that is in effect at the moment in the City of Boynton Beach. Rather than confuse the situation at the moment and apply for variances, as Mr. Pagliarulo understood it would be required, for the record, if this is approved, Mr. Pagliarulo said he would like to have a reservation at a~later date to apply for that same variance. Whether it would be approved or not, Mr. Pagliarulo did not know. One of the reasons why Mr. Pagliarulo felt it was important was that the new ordinance requires a fire lane. Although they have not had any comment by the Fire Department in reference to this, Mr. Pagliarulo said they do feel that their entrance does line up directly off of U. S. 1 as a means of ingress or egress for a fire lane. Whether or not it is a consideration that the Fire Department may have overlooked or not, Mr. Pagliarulo did not know at this time, but he thought it should be considered. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Getting to the sidewalk situation, Mr. Pagliarulo said Mr. Annunziato had mentioned there are areas where the new proposed sidewalk which, in effect, ~feet within pavement. Mr. Pagliarulo in~ are required under ordinance to put a fol off of their property line. Technically along Ocean Inlet Drive with their sidew~ right abutting the roadway. Mr. Pagliarl taking pavement away from the road. He ~ 19 foot road. Chairman Ryder pointed ou~ traffic though. Mr. Pagliarulo admitted you are able to have to have two cars si( road. One could be heading north, makinc could be crossing over and heading in a U. S. 1, With the sidewalk there now, Mr. Pagliarl[lo said t possibly they were not going to have the situation you can. have two cars. If you have, ,ou are go~ park one behind the other, and it is g.oi~g to crea' )avement comes close to their )n the-survey indicates three ~ormed the Board that they ir foot sidewalk one foot . they are going to be all ilk with no swale area ilo said they are actually ldvised th.~t it is only a ~ that it ~as one way it was 19 feet but said ~e by side in a 19 foot ~ a right 2urn, and one ~outherly ~irection on ~ey felt any longer where =ng to have to 2e a congestion. He said you get three or four cars lined up and al[~eady you have one of their entrances blocked. Chairma~ Ryder di~ not see that happening in 19 feet and'said you. have t( give the pedestrian safe access. You cannot push him out into th~ roadway. Chairman Ryder could not see the problem in 19 fe~t. He sa~d we have many of our roadways that have 19 or 20 ~eet with ~wo way traffic all of the time. Chairman Ryder reiterated that he could not see any problem there with that, and they were encroaci~ing by a foot. Mr. Pagliarulo said they would actually t away, so they might add up with about 17 the things the City is very concerned abc Chairman Ryder said they cannot do anythJ ments, but new developments, give the pe~ walk, which is a sidewalk, not a roadway. that they should provide an adequate sid( expense of a roadway. ~e taking feet of p ~ut and un~ .ng about .estrian Chairma ~walk. if'i~ tbout two feet ~vement. One of !ortunately, ~xisting develop~ safe place to Ryder emphasized means at the Mr. Pagliarulo's objection was in no_ wa} the sidewalk. That was not what he sugg~ added, "Or reducing it in size." Mr. Pa¢ no! What I am trying to bring about is ~ the sidewalk, we feet it is required to ~ However, what I was referring to is that feel it is going to be a congested area ~ means of ingress and egress to the site ~ cut." Chairman Ryder felt it was a much and egress than Federal Highway. He said tendency here when you are coming from t~ viding access on Federal Highway of proba going the wrong way. Chairman Ryder tho~ you can, to provide this means of access on Federal Highway because you have a prc cn Federal Highway as it is. referencing eliminating sted. Chgirman Ryder liarulo e~claimed, Oh ~ith the i~_stallation of ut that sidewalk in. at a late~ date, since I .o have an additional 'ia U. S. % with a curb safer method of ingress there might be a e north and you are pro- bly winding up with some ght it was safer, where on side roads rather than blem of getting in and out This seemed like a safer situation. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 Vice Chairman Winter asked if those were all parking stalls on the east side. Mr. Pagliarulo replied, "That is correct." Mr. Winter asked how you get into them, from N. E. 15th Avenue. Mr. Pagliarulo answered that you have to go in through the southerly entrance. Vice Chairman Winter questioned, "To get into the east side parking stalls? Do you have enough room to bypass the build- ing and sidewalk down below?" Vice Chairman Winter was referring to the southeast corner of that southerly building there. Mr. Pagliarulo said there was a notation on the plan where all those lines and trees indicated which says, "Trees to be removed," which will allow approximately a 20 foot drive in the rear of the property that would suffice as far as the traffic flOw to get into those parking areas. Vi'ce Chairman Winter asked if the 20 foot would be fenced on the southeast corner of the southerly line and the sidewalk. Mr. Pagliarulo answered~ "Right." Mrs. Bond noted that these are stores and they are going to get supplies and things like that. She asked how a truck would get in there. Mr. Pagliarulo answered that they have a similar situation at the present time with the shopping center to the north. He said they have 17 foot to the paving area, and' they have no problems getting trucks to service, in the rear of the property. Chairman Ryder asked that it be pointed out. Mr. Pagliarulo pointed to where they have 20 feet and said it gets wider up in this area, in answer to Chairman Ryder's question about how about as you proceed along. What they are proposing (and Mr. Pagliarulo said they made appli- cation to the Community Appearance Board, in reference to the side- walk with that wall coming through the rear over there,, is Ho gain relief of that five foot buffer of green area which would actually increase that area there now for traffic through the rear and consequently save a couple of those big, beautiful ficus trees that are there. They have application at the momen~ to the Community Appearance Board for relief of that, as Mr. Cannon had explained, Mr-~P&~liarulo~-told the Board. He said it was to allow them to move their pavement ont~the green~area, as shown 'on their site plan. Mr. Pagliarulo thought~t Was--a-go0~suggsstion to save those trees. Mr. Annunziato had no comments. Vice Chairman Winter was curious as to what they thought about the southeast corner of the southerly building. Mr. Annunziato advised that it was a one way driveway that meets the requirements of the Parking Lot Ordinance for a one way driveway. In order to make it a two way driveway, he said the applicant would have had to redesign those buildings by chopping out some square footage. Mr. Annunziato said that was something the Board may not wish to address. Concerning the request for variances at the Community Appearance Board, Mr. Annunziato's opinion, if it was properly warranted, was that given the fact that the buffer wall would be there and by - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 moving the pavement southeastward, they ~can move the landscaping behind the buildings eastward also. He thought the overall aesthetic improvement will be greater if they have a five foot landscaping buffer on the inside of the wall that people on East Ocean Drive will not be able to see at all. This way they would have a tree canopy which probably will cover that entire area. Mr. Annunziato reminded Members of the Board that the Police and Fire have reviewed this layout and these businesses and dimensions and feel that this property can be served sufficiently. Vice Chairman Winter. commented, "As long as it is maintained one way." Mr. Annunziato-replied, "AbsOlutely. It does not meet the requirements for two way traffic." Vice Chairman Winter was visualizing people using two way anyhow. Mr. Annunziato thought you would find some people probably will. He explained that if it can be done, it will happen. If it does not happen on a regular basis, Mr. Annunziato said it is probably OK. Mr. Pagliarulo advised that they do have signs indicated on the site plan, "One Way Traffic. Do Not Enter" there. It appeared to Chairman Ryder that they had'to go with the recommendation of the Technical Review Board. As far as what Mr. Pagliarulo planned to do in the future, Chairman RHder said they coUld always try. (He referred to Mr. Pagliarulo"say~ng he would come in with a request for variance and said he could always try.) Mr. Pagliarulo repeated that they have no objections on anything. Mr. Hester moved to approve the site plans for Yachtman's South, sUbject to staff comments' The motion was seconded by Mr. Linkous and carried 6-0. Discussion Vice Chairman Winter called attention to'the fact that at the last meeting they just about had enough Members for a quorum. Had the Board not had four people, Vice Chairman Winter pointed out it would have been quite an expense for the City. He noticed that the Community Appearance Board also has Alternate Members, and Vice Chairman winter stated he would like to get the Council's idea of whether the Planning and Zoning Board might not out keep in reserve Alternate Members just in case that did come up. Chairman Ryder recalled that there have been other instances when they waited until the last minute to get four~ It has not happened too often. In fact, for the record, Chairman'Ryder thought the attendance here on the part of the Board has been exemplary. He said it has really been great. Chairman Ryder also called atten- tion to the fact that Simon Zive too has attended the meetings, and he thought the City was indebted to all of the people here for showing up at the meetings. Vice Chairman Winter was looking, and the Community Appearance Board had the same situation where they did not have a quorum. Luckily, the Chairman had the option of being able to call some- - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 body to come at the last minute to show up just so they could have a quorum. Chairman Ryder thought they should think about it a little more. He agreed that it almost did happen and he would have hated to see it happen then because that was important. To delay it would have been bad, Mr. Annunziato called attention to the fact that the City had several thousand dollars in advertising. Chairman Ryder said it was something to think about. He pointed out that very often the Alternates feel they are not needed, and they do not show up. Chairman ~Ryder said there was a tendency in the past that if the regular Members were present and the Alternates showed up, they were told they could take off. Chair- man Ryder did not like that when he served on the Board of Adjust- ment because he felt he had done his homework and he felt he ought at least be permitted to take part in discussion, even though he could not vote, because naturally you are not going to have more than seven voting. He told the Members of the Board they should keep that in mind. If you do have Alternates, Chairman Ryder said they have to get the Agenda and they should be prepared to appear but it means that much more paper work. Councilman deLong brought that up, about having Alternates, because he realized the situation Vice Chairman Winter was speaking about. Then someone brought up about this Board being set up under the City Charter and.whether or not they could do it and if they would have to have a referendum, and Councilman deLong said they never got an~ final word on it. He added that it was worth pursuing. Chairman Ryder wondered if there was some other way of the present Members temporarily appointing a Chairman or something like that rather than going though an Alternate thing. Councilman de was adopted e This was what said there we 1020) that yo these six thi explained, bu He thought th deLong never it but he sai Council Meeti Long informed the Board that the Home Rule Act that Xcludes certain things on certain appointed Boards. Councilman deLong thought the hesitation was. He re six things underneath that Home Rule (House Bill u cannot do. Everything in the Charter outside of ngs can be done by Ordinance, Councilman deLong t these six things require a referendum of the people. ere was a little question on that, and Councilman did get the answer from James Vance, City Attorney, on ~ he was going to ask him about it at the next Chairman Ryde~ certainly~thought it should .be followed up. He complimented Darry Winter. He heard he carried the meeting well. Vice Chairman Winter and~Mr. Wandelt referred to Chairman Ryder saying it may be some time before they get a ~h member. Chairman Ryder clarifi .d that was not what he meant. He said they would operate with six Members until such time as the Council designates a replacement. Councilman deLong was quite sure an appointment would be made at the next Council Meeting (October 19, 1982)~ He said he was going to check with Jim Vance, City Attorney, again - 25- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 12, 1982 about the Alternates. ADJOURNMENT Mr. Wandelt moved to adjourn, and the meeting was properly adjourned at 9:05 P. M. Respectfully submitted Patricia Ramseyer Recording Secretary (Two Tapes) - 26 -