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Minutes 09-14-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 14, 1982 PRESENT Garry Winter, Vice Chairman Lillian Bond Ezell Hester Robert Wandelt Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ABSENT Simon Ryder, Chairman (Excused) Ronald Linkous (.Excused) Vice Chairman Winter called the meeting to order at 7:30 P. M. He introduced the Members of the Board, the City Planner, and Assistant City Planner. Vice Chairman Winter also recognized the presence of Mayor Walter "Marty" Trauger, Vice Mayor James R. Warnke, Councilman Joe deLong, Councilmember Woolley, and Council- man Wright in the audience. MINUTES OF AUGUST 10, 1982 Mr. Wandelt moved, seconded by Mrs. Bond, to approve the minutes as presented. Motion carried 4-0. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS: 7:30 P. M. (1) ANNEXATION Applicant: Request: Location: Legal Description: Homart-Boynton Associates (a Florida General partnership) Annexation of a 108~3 acre tract of land The west side of North Congress Avenue between the Boynton Canal and Old Boynton Road Acreage, land in Section 19, Township 45 South, Range 43 East MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Carmen Annunziato, City Planner, informed the Members that the request before them was ~a request for annexation of a 108.3 acre tract of land. As noted by Vice Chairman Winter, Mr. Annunziato said the land is located west of Congress Avenue, north of Old Boynton Road, and south of the Boynton Canal. Just a few months ago, Mr. Annunziato reminded the Board that they acted on an application for the First American Bank of Palm Beach County. Tim Cannon, Assistant City Planner, pointed out for the audience wher.e the First American Bank of Palm Beach County tr~act is. Mr. Annunziato informed the Members of the Board that was one of the out parcels which was created by the DeBartolo corporation in connection with the dividing up of the property. As he mentioned, Mr. Annunziato said the area in question is divided into five parcels of land, four of which are out parcels, and the Boynton Beach Mall parcel proper. .Three'of the four out p~rcels located on Congress are also subject to public hearings tonight, Mr. Annunziato advised. Mr. Annunziato stated that the discussions for out parcel 2 and out parcel 3 and the First Federal of Lake Worth applications for annexation would be made at this point, and then when they would get to the proper zoning and land use classification they would discuss the four parcels again as one because the issues are so closely related. Concerning our procedures for annexation, as Mr. Annunziato pointed out in his memo, there are six sets of codes and ordinances and statutes which the City is concerned with in connection with annexation to Boynton Beach. Mr. Annunziato advised that the texts for annexation that must be accomplished are a comparison of the applications with the policies which exist in the Comprehensive Land Use which are concerned with annexation. Those three policies are: "Policy 1. Annex only property Which is reasonably contiguoUs to present municipal boundaries. Policy 2. Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing services. Policy 3. Annex only properties which are of a sufficient size to provide efficient service and on which urban develop- ment is anticipated." What Mr. Annunziato wanted to~do was to take each policy and then address the Homart-Boynton applications, which are the Mall proper Out Parcel 2 and Out Parcel 3, and then separate with the First Federal tract as it applies to each of the policy requirements. As to Policy 1, Mr. Annunziato said they know that the Homart- Boynton tracts are contiguous to the corporate limits of the City - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 for approximately 2,300 linear feet, and when taking into account annexation applications currently in process, the contiguity increases to approximately 4,670 linear feet plus or minus, which is almost a mile. Of course, Mr. Annunziato noted that would be Congress Lakes'application to the north, First American B~nk recently annexed contiguity along Congress~ and First Federal Savings and Loan Association's tract. Concerning the First Federal tract, Mr. Annunzia~o said it is contiguous with the corPorate limits of the City for'approximately 600 feet if it were to Stand alone. That would ~e adjacent to Congress. HoWever, taking into account the Boyn~on Beach Mall parcel, that is an application which is currently in process, Mr. Annunziato informed the Board that the degree of contiguity increases to 2,100 feet. Concerning Policy 2 (quoted on page 2), Mr. AnnuDziato prepared for the Board a Cost/Benefit Analysis which accompanied the Members' Agenda packets. He said the basis for the Cost/Benefit Analysis was twofold. It was reviewed by the department heads concerning impact on their departments.. Secondly, preparation of presumed assessed value and the current cash rat over that presumed assessed value does give you kind of returns and what kind of costs and servi the City, Mr. Annunziato continued. Most of the reported that there would be no additions to sta capital required. However, Mr. Annunziato calle the fact that the City has several departments w increased costs but, presumably, these increased passed out in the form of users fees (for exampl where presumably the sanitation fee would account for any inc~eases~ in staff ~ increases in capital). e as it is applied an idea of what ces there are for CitY staff ff or additions to ~ attention to hich would have costs would be e: Public Works, Of course, Mr. AnnUnziato added, the City has th~ Building Depart- ment which would be targeted staffWise with the numbers of permits and fees received. Mr. Annunziato called attention to an interestin~ note that came from the Fire Department, wherein they say that the DeBartolo parcel and all four parcels togeth $235,361 per year.based on statistics which were current numbers of calls~ which are based on par numbers of people that~would enter the building. said they could arrive at that figure from the p expect to visit the Mall in a day. The number o additions to capital which would be required now there is a certain degree of flexibility in the ?ire Department's budget and staff in which they could absorb that cost now but at some time in the future, as that balance dwindles to zero, Mr. Annunziato told Members of the Board that they can expect this cost on a yearly basis. the cost to serve ~r amounts to derived from their king spaces and Mr. Annunziato ~ople they would f current staff or is zero because - 3 - MINUTES - PLANNING AND ZONING BOARD BO~NTON BEACH, FLORIDA SEPTEMBER 14, 1982 Concerning taxation and assessed value (and Mr. Annunziato thought they were conservative figures) he said the City is assuming that at minimum they can expect (when all of the parcels are developed) some $58,000,000 in real estate, that being land and buildings, and consistent with last year's millage, Mr. Annunziato said (the 1981 millage) that amounts to some $387,771 per year. As he mentioned, Mr. Annunziato thought these figures were relatively low. What they tried to do was to use information concerning the Palm Beach Mall and arrive at some sort of statistics based on square footage and anticipated build out. With respect to Policy 3 (quoted on page 2), Mr. Annunziato said it was clear from the overlay and his note that the combined acre- age of the Homart-Boynton and First Federal Tracts is 135 acres, and they are in very close proximity to existing corporate boundaries. Also, the availability of public utilities (they are there and they exist on Congress), Mr. Annunziato pointed out, and added that of course, DeBarH©lo did contribute approximately Two Million Dollars to the construction of Congress in connection with the matching money that was put up by the State in connection with Motorola. The road improvements are in place to serve these properties. Based on the findings that the City notes in the discussion of the policies, Mr. Annunziato said they find that these r~equests are consistent with the Comprehensive Plan policies which are concerned with annexation. Vice Chairman Winter asked to hear from the applicants now. He assumed they were in favor of the annexation procedure. Vice Chairman Winter asked the applicants who wished to speak in favor of the proposed annexation to please step forward. Dick Greco, Vice President, Edward J. DeBartolo corporation, told Members of the Board that they had a number of people with them tonight representing both DeBartolo and the First Federal Savings and Loan Association of Lake Worth. Mr. Greco thought everything had been adequately outlined and that most of the Members were quite familiar with the project and the area. He said he would be very happy to answer any questions they had. Mr. Greco stated that they have been receiving ex.cellent cooperation from all of the departments in the City. They have done a great deal of work; they have had a number of meetings; and they anticipate many, many more before this is over. By the way, Mr. Greco expressed Chat it was done in a very professional manner, and they appreciated that. He said they do the same thing all over this country and this is as good as anyone has ever done anywhere at a professional level. Mr. Greco stated that they appreciated that very much. Mr. Wandelt asked what was going in these tracts. Mr. Annunziato asked if he meant the out parcels, and Mr. Wandelt replied, "Yes." Mr. Annunziato told him, "Primarily offices." Mr. Wandelt assumed that - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 nothing had really been planned as to what it is. Mr. Annunziato did not know what is going in the First American Bank parcel, and said that is primarily offices. In connection with the purchase contract for First Federal Savings and Loan Association, Mr. Annunziato informed Members of the Board that there is a restriction which provides for only 20,000 square feet of retail commercial, the remainder being offices and restau- rants. Mr. Annunziato thought Members of the Board could assume that primarily they would find offices in all'of the out parcels developments and restaurants, so they would be ancillary uses to the Mall. He told Mr. Wandelt he might want to ask the applicant concerning that parcel too. Mr. Wandelt said he would like to know what is actually planned for that. For out parcels 2 and 3, Vice Chairman Winters as]ted Mr. Greco if he could tell the Board what has been planned for them. Mr. Greco did not think they had anything particularly planned for them at this particular time. However, he said they would be used for something. In Florida, Mr. Greco informed the Board, they try to buy up more land than they use for several reasons: The obvious'reason is ~hat it is worth a great deal of money once they build the Mall, then, by the same token, they can control to some degree what goes on around them so there will not be anYthing that would be detrimental or not be in the interest of the whole project, being that they are going to .have a great deal invested in the total piece of property. Mr. Greco asked "David" if he had any idea of what would be on those two parcels. "David" replied, ,Commercial or offices." Mr. Wandelt asked if it would be similar to West Palm Beach, where they have the Mall bank, a savings Mr. Greco replied, "Yes, nature." He added that offices that specificall who should be there. Mr. Greco wished to give First Federal Savings'an like. Mr. Annunziato sh Avenue and Old Boynton R appears just to the nort and loan on the east side, and that type. 'or maybe some offices or something of that they have been building big commercial ~ ~ want there, but it had not been decided Members of the Board a glance at what ~ Loan Association of Lake Worth would look Dwed the plan. He pointed out Congress ~ad. He indicated the Mall access road which h and said it starts to form above the First Federal Savings and Loan Association tract. Mr. Annunziato said that what is proposed is for t45,800 square feet of offices, 20,000 square feet of retail, 18,500 square feet of restaurants, and 5,000 square feet of bank, Mr. Annunziato further told everyone that this is in four buildings, two of which are four story, and two of which ar~ one story. Mr. Wandel% imagined that "A" and "B" are four story. Mr. Annunziato said they were the four story, opening up to an acre in the center, sort of like a stage - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 amphitheater type of public space. Mr. Greco thought it would be great. He said it would be used for little concerts and that kind of thing. Mr, Greco thought it was' an excellent plan and would compliment the whole project. Mr. Wandelt commented that it was ver. y nice looking. In concept, Mr. Annunziato thought Member.s of the Board could anticipate similar types of development on the other out Parcels. Vice Chairman Winter asked if anyone else wished to speak in favor of the proposed annexation. There was no response. He asked if anyone wished to speak against the proposed annexation. There was no response. Vice Chairman Winter asked Mr. Annunziato, City Planner, how he wished to address the rest of these and if he wanted to vote on each of them individually. Mr. Annunziato thought they should vote on each of them individually. However, with respect to a presentation on the part of the staff, it would be redundant to go over the same presentation he just gave the Board concerning the annexation for each of the three. Mr. Annunziato thought the Board~should conduct a public hearing for each and make separate recommendations, noting the various aspects of the application as they exist in the packets of the Board Members. Concerning the Mall parcel, Mr. Annunziato recommended that the Board recommend to Council that Council act favorably on the appli- cation and note the requirements of the applicant and on the applicant as they exist in the Petition for Voluntary Annexation. Mr. Wandelt asked if they could vote on all of them at one time, or if they should break them down. Mr. Annunziato reiterated that he thought it was best to address eaCh individually. Mrs. Bond moved that the Homart-Boynton Associates request for annexation of a 108.3 acre tract of land be approved, seconded by Mr. Hester, noting the agreement stipulated to in the Petition~ for Voluntary AnneXation. A vote was taken on the motion, and the motion carried 4-0. (.2) FUTURE LAND USE ELEMENT AMENDMENT AND REZONING Applicant: Homart-Boynton Associates (a Florida General partnership) Request: Amendment to future land use element of the Comprehensive Plan to show property as local retail, and a request for zoning property C-3 (Community Commercial) Location: The west side of North Congress Avenue between the ~Boynton Canal and Old Boynton Road - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Proposed Use: Legal Description: Regional shopping mall plus commercial use Acreage, land in Section 19, Township 45 South, Range 43 East Mr. Carmen Annunziato, City Planner, had a couple of comments to make concerning the proper land'use and zoning classification as it applies to these tracts of land. Again, Mr. Annunziato reminded the Members of the Board that he has taken all of the parcels into consideration at once. Mr. Annunziato referred to the second page of his memorandum and stated that what he intended to do was outline for the Members what the surrounding land uses are to determine whether or not the proposed use for this property would cause a land use conflict. Mr. Annunziato pointed~out one typographical error on the chart. He changed the first line to read as follows: "DIRECTION JURISDICTION ZONING LAND USE NORI~ Palm Beach County RS/SE Trailer Park The zoning had been RS/RG and Mr.'Annunziato changed it to RS/SE (as shown above). He said it was a Special Exception and the old Sand and Sea Trailer Park. To paraphrase, Mr. Annunziato stated that the land surrounding the Mall on the out parcels is either developing in a high intensity mode or is underdeveloped or un- developed. For example, Mr. Annunziato told the Members they know that the Congress Lakes (which is multi-family dwellings just to the north) is progressing and that the First American tract will be consistent in terms of development trends. He said the trailer park is a high intensity development land use. Of course, Mr. Annunziato added, the Motorola plant is well underway. The property to the east of these parcels is as yet undeveloped and unplanned. However, he said it appears to have the capacity of approximately 7 units to the acre. Mr. Annunziato continued by saying that the property to the south- east is zoned commercial and the property to the south is basically undeveloped. What is developed, he would say is underdeyeloped. Mr. Annunziato said it stands a strong chance of being~eloped at. a much higher intensity of land use. Probably the only land use conflict which would exist woUld be to the west, and that is the West Boynton Beach subdivision, Mr. Annunziato believed it was called. He said two things happened.with respect to that as this went through the DRI process some ten years ago. When the City was still with the South Florida Regional Planning Counsel, this was reviewed by Palm Beach County. Mr. Tim Cannon, Assistant City Planner, showed the overlay. Mr. Annunziato said the western limit of the striped property (the straight line), if that line is extended.northward to the Boynton Canal, those are the limits of the Homart-Boynton property. That tract which sort of comes out and lies to the west of the re- located canal is, as a result 'of the DRI apPlication for - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 development approval, required to remain in a natural state. He said the developer raised an objection. Mr. Annunziato informed Members of the Board that there is a span of pine there, and the canal (which has been relocated) is in part designed to buffer that area from the natural area. The straight line, as it exists, is Javert Road, and the applicant has had to dedicate an additional right-of-way for Javert. Mr. Annunziato said the City's ordinances, at the time of plat approval, require that a wall be built adjacent to Javert. Mr. Annunziato told the Board that staff sees no land use or zoning conflicts as they apply to this tract and the out parcels. He said the City feels that the proper land use category is for retail, and the proper zoning is C-3 (that beingtheclOsest commercial zoning that the City has in its zoning regulations to accommodate this kind .of use. Vice Chairman Winter asked if that was the parcel owned by Jefferson's or Montgomery Ward. Mr. Annunziato asked if he meant to the Southeast. Mr. Winter replied, "Yes." Mr. Annunziato informed him that it was. Vice Chairman Winter asked if anyone wished to speak in favor of the Future Land Use Element Amendment and Rezoning request. There was no response. He asked if anyone wished to speak in opposition to the Future Land Use Element Amendment and Rezoning request. There was no response. Mr. Hester moved to approve the request for an amendment to the Future Land Use Element of the Comprehensive Plan to show property as local retail and the request for zoning property~C-3. (Community Commercial) of Homart-Boynton Associates. The motion was seconded by Mr. Wandelt and carried 4-0. 2.~3I_~ANNEXATION Applicant: Request: Location: Legal Description: Homart-Boynton Associates (a Florida General partnership} Annexation of two (2) tracts of land, parcel 2 = 7.87 acres, parcel 3 = 6.54 acres The west side of North Congress Avenue between the Boynton Canal and Old Boynton Road Acreage, land in Section 19, Township 45 South, Range 43 East Carmen Annunziato, City Planner, had no additional comments concerning this annexation. The comments he made with respect to the Mall ("(1) ANNEXATION~ Applicant: Homart-Boynton Associates beginning on page 1 of these Minutes) were relatively the same. Vice Chairman Winter asked if anyone wished to speak in favor of the proposed annexation. There was no response. He asked if any- one wished to speak in opposition to the proposed annexation. There was no response. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Mrs. Bond moved that the annexation of the two (2) tracts of land, parcel 2 = 7.87 acres, parcel 3 = 6.54 acres, be approved. The motion was seconded by Mr. Hester, and the motion carried 4-0. Location: Proposed Use: Legal Description: (4) FUTURE LAND USE ELEMENT AMENDMENT AND REZONING Applicant: Homart-Boynton Associates Request: Amendment to future land use element of the Comprehensive Plan to show property as local retail, and a request for zoning property C-3 (Community Commercial) The west side of North CongressAvenue between the Boynton Canal and Old Boynton Road Commercial uses to include retail, restaurant, financial offices, etc., etc. Acreage. Land in Section 19, Township 45 South, Range 43 East Vice Chairman Winter asked if anyone wished to speak in favor of the request. There was no response. He asked if anyone wished to speak in opposition to the request. There was no response, Mr. Wandelt moved to approve the request, seconded by Mr. Hester. A vote was taken on the motion, and the motion carried 4-0. (.5) ANNEXATION Applicant: Rsquest: Location: Legal Description: First Federal Savings and Loan Association of Lake Worth Annexation of a ~12.3 acre tract of land The northwest corner of North Congress Avenue and Old Boynton Road Acreage, land in Section 19, Township 45 South, Range 43 East Vice Chairman Winter asked if anyone wished to speak in favor of the request. There was no response. He asked if anyone wished to speak in opposition to the request. There was no response. Mr. Wandelt moved to approve the request for annexation of a 12.3 acre tract of land, noting the agreement stipulated to in the Petition for Voluntary Annexation. Mrs. Bond seconded the motion, and the motion carried 4-0. (6) FUTURE LAND USE ELEMENT AMENDMENT AND REZONING Applicant: First Federal Savings and Loan Association of Lake Worth Request: Amendment to future land use element of the Comprehensive Plan to show property as local retail, and a request for rezoning property to C-3 (Community Commercial) Location: The northwest corner of North Congress Avenue and Old Boynton Road Proposed use: Development of a professional office complex with ancillary commercial and restaurant uses - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Legal Description: Acreage, land in Section 19, Township 45 South, Range 43 East Vice Chairman Winter asked if anyone wished to speak in favor of the request. There was no response. He aSked if anyone wished to speak in opposition to the request. There was no response. Mr. Wandelt moved, seconded by Mr. Hester, to approve the request. The motion carried 4-0. Vice Chairman Winter commented that for about 7 years he ~has been hearing nothing but DeBartolo coming into Boynton Beach. He was pleased that he was finally sitting on a Board where he is seeing it come into the City. Mr. Greco said they were pleased to be here. Vice Chairman Winter again expressed that he was happy, especially with some of the stores that are coming in. He saw that.1984 was the projected plans for the Mall. PUBLIC HEARINGS (Continued) {7) PARKING~OT VARIANCE RE.QUEST Project Name: Boynton Terrace Apartments Applicant: Owner: Location: Description: Request: Boynton Associates, Ltd. c/o Jeff Auslander Palm Beach County North Seacrest Boulevard at N. E. 7th Avenue and at N. W. 8th Avenue Variance from Section 5-141 (g) Driveways which states that no driveway may be constructed closer than thirty (30) feet from the intersection of the rights-ofT way lines along local streets and one hundred eighty (180) feet along streets of a higher classification To construct driveways on Seacrest Boulevard as follows: 1. 162 feet from N.W. 8th Avenue 2. 124 feet from N. E. 6th Avenue 3. 55 feet from N. E. 7th Avenue As a matter of introduction to the application, Carmen Annunziato, City Planner, said the Board Members may recall that several years ago a plan was approved by the City Council for the development of Boynton TerraCe Apartments. He said this is Section 8, New Construction, Rent Subsidy, Private Ownership. Mr. Annunziato said the applicant, owing to primarily financial things, did not go through with it. Now the applicant has decided to go through with the projects. In the interim, Mr. Annunziato told the Board, several of the City's land development ordinances changed (of course, the Parking Lot Ordinance requiring variances to several sections and one section of the Parking Lot Ordinance which is concerned with driveways). Mr. Annunziato said the staff's recommendations would be picked up by Tim Cannon, Assistant - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 City Planner, as he goes through his analysis of the application. Mr. Cannon .said he proposed to discuss the site plan aspect and the parking lot variances in one diScussion, as the parking lot variance is part of the site plan. First of all, Mr. Cannon said the site plan for the Boynton Terrace Apartments comes to the Planning and Zoning Board with a positive recommendation from the Technical Review' Board subject to Staff comments. Mr. Cannon said he would go over the details of the site plan before going into the detail of the Parking Lot Ordinance. He hoped to show both sides of SeacreSt on. one overlay but did not think that was going to work. Mr. Cannon said the proposed site plan consists o~f 83 apartment units. They are one and two story apartments on the north side of Seacrest Boulevard. The site occupies 7.8 acres of vacant land on both sides of Seacrest Boulevard and lies between 6th and 7th Avenues north. Mr. Cannon said they would be two and three bed- room apartments where the rent, like Mr. Annunziato said, would be subsidized under the Housing Urban Development Section 8 Housing Program. Mr. Cannon stated that this was a site plan for the east side of Seacrest. He showed N. E. 1st Street. To the east he pointed out the partially built N. E. 7th Avenue. Mr. Cannon said N. E. 7th Avenue is built out to a point he indicated, which is to accommodate a church. It was, however, paved all the way to Seacrest at one time. 125 feet to the south is N. E. 6th Avenue, Mr. Cannon continued. Immediately above the buildings he designated on the plan, Mr. Cannon said there was a play area located in the middle of the apartments. The developer has revised the water from what was originally shown on the site plan, Mr. Cannon informed the ~Board. On this site plan, water mains were shown going through the middle of the apartment complex. At the request of the Utilities Director, Mr. Cannon said the water~.-mains and the 12 foot easement have been relocated to.the south side of the property, which will allow for easier maintenance. However, Mr. Cannon told Members of the Board that the sewers still run through the center of the project. Mr. Cannon showed where parking lots are located. He also showed where the drives which go onto the street were located on Sea- crest and also on N. E. 1st. Going to the site plan on the west side of Seacrest Boulevard, Mr. Cannon said it was almost opposite the first part he had shown the Members of the Board. He showed Seacrest Boulevard, N. W. 8th Avenue, the one and two story apartment buildings with %he parking lot all down the center of the buildings, and a driveway on Seacrest and a driveway on N. W. 1st Street. Mr. Cannon said the staff comments were as follows: - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Building Dept. "1. Sidewalks will be required where private property abut~rig ~h~'~-of-ways'." ~r. Ca~non said the applicant did mot show sidewalks along some of the right-of-ways and will.have to construct sidewalks where they do not presently exist. "24 Parking lot designs require double striping. Mr. Cannon said there were some cross outs because of the revised site plan sheets which show the requirements. 3 was crossed out. "4. Board of Health permit will be required. 5. County turn-out pennits will be required." Planning Dept. "Subject to driveway variance." Mr. Cannon said this was a subject under the public hearing. He referred to the applicant's application for his specific request. Mr. Cannon told Members of the Board that the applicant is request- ing a variance from Section 5-14 (~g) (3), Parking Lot Construction Code, which states that: "No parking lot driveway may be constructed closer than thirty (30) feet frc~ the intersection of the right-of-way line on local streets and 180 feet along, streets of a higher classification." Seacrest Boulevard ~is a collector street and, consequently, any driveway would have to be 180 feet frOm that intersection for traffic safety purposes, Mr. Cannon informed the Board. Mr. Cannon said the applicant is requesting three variances. First of all, the distance from a right-of-way intersection, which Mr. Cannon pointed to, to a drivewaY he indicated is 162 feet. He went back to the site plan, and said (2) the applicant is requesting permission to construct a driveway 124 feet frc~mN. E. 6th Avenue, which is the edge of ~he highway. Mr. Cannon showed the location of 6th AvenUe and said there is a break in the -site plan sheet. (3) the applicant is requesting permission to build this driveway within 55 feet from what he claims is a non- existent N. E. 7th Avenue. Mr. Cannon quoted the reasons for requesting the variances from the applicant's application as follows: "These entrance driveways were planned over 18-months ago, before the Parking Code was passed.~ County Road Opening Permit No. 118- 1080 dated October 16, 1980 was obtained. This HUD project (HUD~ F1 29-0053-049) was held up due to lack of financing. Financing now available provided all approvals are obtained by Sept. 30, 1982, Entrance No. 1 (onto N. W. 8th Ave.) is only 10% under the present requirement and could not be revised ~without major revision of the development concept. Entrances 2 and 3 serve serve t2 and 11 dwelling units respectively. N. E. 7th Avenue is non-existent - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 and probably never will-be be built." Mr. Cannon referred to the Memorandum dated September 7, 1982, prepared by Carmen S. Annunziato, City Planner, stating 'the Technical Review Board's response to this variance request. He read the recommendations as follows: "On Tuesday, September 7, 1982, tb~ TRB met to review plans and to formulate a recu,u~ndati~n with respect, to the requested variances. After review and discussion, ~the. TRB re~ds that the variances be approved in p~t and denied in part. More specifically, the TRB re~ds the following: (1) that the variance requested for the southernmost driveway into the applicant's property on the east side of Seacrest Boulevard be approved; (Mr. ~annon pointed out the driveway. ) (2) that the variance requested for the northernmost driveway into the applicant's prOperty on the east side of Seacrest Boulevard be denied; and" (Mr~ Cannon pointed to'this driveway again and Said the d. riveway i~. 55 feet frOm N. E. 7th Avenue.) "(3) that the variance requested for the driveway into the applicant's property on the west side of Seacrest Boulevard be approved." Mr. Cannon said the memo went on to say: "With respect to (~.)~ above it is further recc~nended that the site plan be modified to show the driveway be relocated to N. E. 7th Avenue at least 30 feet east of the intersection of the rights-of-way lines. This will rem~e ~he necessity for ~a variance, but it will require that the applicant construct a portion, of N. E. 7th Avenue." Mr. Cannon advised that they were recommending, that the driveway, instead of going'out on Seacrest directly, that as an alternate, a driveway ~e put oh N. E. 7th Avenue and that N. E. 7th Avenue be paved for a sufficient distance t° accommodate that driveway Mr. Cannon furthe~ read: "The basis for these recc~nendations is that these plans we~ previously approved by the c~ty council; however,~ the applicant's contention that N. E. 7th Avenue will not be built is incorrect." Vice Chairman Winte~ asked if anyone wished to speak in favor of the request. / ' Jeff Auslander, partnerj in Boynton AssOciates, Ltd.,. 258 Fairview Road, Palm Beach, Florida. Mr. Auslander believed he was here approximately two y~ars ago. Essentially, Mr. Auslander said they were able to obtain financing for this project on the basis that the Federal Government agreed to assist them in the issuance of a bond to be sold through the Palm Beach County Housing Authority. He reminded the Members that they were active in the area for some time. Mr. Auslander said Palm Beach County has also worked with them to obtain the land and, in a number of ways, - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 reconstitute the project insofar as the various improvements are concerned. The issue here is that they have a driveway that was planned two years ago that now will not conform with the City's regulations in this case. Mr. Auslander could not argue hardship on this matter other than the fact that you have to put in about 75 feet of new roadway that would exit into Seacrest. Mr. Auslander did not really think it was going to accomplish very much and certainly, it was going to piece out a part of the street that they really do not know the profiles on and the future plans for it. It did not seem to be a definite time frame for that street to be completed, Mr. Auslander advised the Board. He thought it was going to be a situation where they have a dead end just off Seacrest that Can create problems for traffic and maybe some other areas with problems there. Mr. Auslander just did not think it was going to serve any worthwhile purpose, aside from the fact it would probably cost them $5,000 by the time they put in improvements. Mr. Auslander said they have two weeks to complete th~ project and get it under construction, to finalize all of the plans, pull their per- mits, and get under way where everything is finishedl He said the government has appropriated funds and they are all finished. There is a September 30 year end for the Federal Government, and that is as long as the funds are being reserved, Mr. Auslander pointed out. He said the Members might ask whY they. a~e c c ming in just two weekS before the deadline. Mr. Auslander explained that the funds were only made available about three weeks ago. He said it was all done in an effort to clean out the "pipe line" of those projects that could start immediately and are inca position to start. Mr. Auslander said they .are in a position where they can start they have all their permitting from DER, water and sewer services, the updated permits from the County for the street cutting, etc. Mr. Auslander said they would be executing the land clearing permits that they have been working with with the Fire Department. He said they have 11 additional sheets to their construction plans now to feature all of the sidewalks that were asked for and all of the underground redesigned utilities to meet the sugges- tions of the Boynton Beach Utilities Department. In every way possible, Mr. Auslander said they try.to adjust for updated regulations. In this one instance, Mr. Auslander said it was conceivable they did not catch it until it got by, and they were unable to pick it up. Mr. Auslander said there may be some implications there of trying to build a piece of a road or street that may just get mixed up in the quickness and the-timing of this~ He d~d not think it amounted to anything else but that, really. Mrs. Bond asked Mr. Auslander if he was going to comply with the requests of the Planning and Zoning Board. If that is the - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 feeling of this body that they will support the denial of their request, Mr. Auslander said they will have to try to amend those documents and plans to conform, of course, but it may be very difficult. He said he could show the Board what it would look like. Mr. Annunziato explained that it was not the staff's intention to slow down or stop the project. In fact, a great deal of considera- ation was given to the recommendations, particularly on the part of the Police Department and the City opinion that N. E. 7th Avenue will in fact be built and it will in fact carry traffic at some time in the future. Mr. ~Annunziato said it was the City's intention to support the applicant by going to the Community Development to ask for assistance to construct N. E. 7th Avenue. As Mr. Cannon pointed out, Mr. Annunziato said it exiSts for 150 or 200 feet coming west from N. E. 1st Street and was built as a part of the church that was constructed there. Mr. Annunziato said the City feels that N. E. 7th Avenue will exist and, when it does, it will cause a traffic problem to add a driveway ~so closely located to N. E. 7th Avenue. As staff, Mr. Annunziato called attention to the fact that this involves Police, Fire, and the City's emergency system. He said they talked about the problems which these parking lot variances called for. Mr. AnnUnziato stated that a lot of effort went into that Ordinance at the time it was drafted. Mr. Annunziato said the staff felt that there was really no way they could solve the problem of the southernmost driveway on this part of the site plan without totally redesigning the project. With respect to the driveway on Seacrest, Mr. Annunziato advised that they found that it met the intent of the Code in that the separation of pavements was approximately 170 feet or so of park- ing space. They felt it was a situation where there really was not much ability to solve a future problem. Here, Mr. Annunziato informed the Board, they felt the impact on the appli- cant was somewhat minimal. A driveway has to be constructed whether it is constructed onto Seacrest or onto 7tho It really does not make a lot of difference in the whole scope of the project, Mr. Annunziato continued. Mr. Annunziato reiterated that it.was not their intention, as staff, to hold up the development of this project until final construction for N. E. 7th Avenue. Mr. Annunziato had several conversations with Mr. Auslander and his engineer concerning fast tracking this project. Mr. Annunziato said, for the public record, that it was important ~o staff that this project get off the ground. They did not want to see it left behind or fall to the side because no permits were received by September 30. Mr.. Annunziato recommended to Mr, Auslander that he secure a lot clearing permit to show a commencement of construction. He said that could have been done last week or the week before. Mr. Auslander said that was not a problem and they would have i% by the end of the week. - 15 - MINUTES - PLANNING AND ZONING BOAR~ BOYNTQN BEACH~ FLORIDA SEPTEMBER 14, 1982 Mr. Annunziato stated that then they would make it the end of September, as it would not be an issue Gas Mr. Auslander explained it to him). Mr. Auslander disagreed, saying the end of September is very vague on the part of the Federal Government and what.will satisfy them. Mr. Auslander said they hope that a land clearing permit and physical work on the sites will suffice. His attorneys and backers now tell him it might take more than that. Mr. Auslander informed Member. s of the Board that they might have to pour some footage, file a notice of commencement, and record a mortgage to qualify it for the sake of the government. He emphasized that it is a very uncertain situation and said they were going to go ahead with %he land clearing permit, hoping that that is enough. As far as staff is concerned, Mr. Annunziato~ said they would work with Mr. Auslander to the best of' their ability to make sure that this project does not die. Mr. Auslander was not suggesting that this would contribute to it earlier or it will not. He said it just leaves them in a position where, if they incorporate a change of plans, it may not be the kind of total concept that they want if they want to build a street. Mr. Auslander forgot the names, but informed the Board that they arebuilding four streets and said he had the plans there. He mentioned 6th and 7th on the other side perhaps. Fir. Auslander added that they are building several streets, hundreds of feet of streets, but in this instance they have not planned it. They do not have'a profile for it and are not really sure how they are going to tie it into Seacrest. Physically speaking, Mr. Auslander said they have to have these plans stamped and cleared~ for permits' within a matter of two or three weeks. He did not know if they were going to do justice to this and said he would almost rather just give the City $5,000 in escrow and meet the ~City's requirements. Ks he mentioned, Mr. Annunziato reiterated that the staff would work with Mr. Auslander whichever way they can concerning how 7th Avenue will be developed. He said what will have to happen by the end of the month for Mr. Auslander to secure permits, Mr. Annunziato was sure staff would work with Mr. Auslander whichever way they can. Mr. Auslander pointed out that it was up to his engineer who is going to have to go in and draw those details to tie it in. What~.iM'r~ Annunziato was saying was that they would probably accept a cOncept cross section or something like that to be sure that the project is not held up, and then work out the finer details. Mr. Auslander told Mr. Annunziato, "It's the surrounding that you really want." Mr. Annunziato replied, "When you say me, it's just we. It's the~staff recommendations, and the Police Department felt aWfully strong about this." Mr. Hester said'i~ was probably that~Mr. Auslander's part of the road meet with the other part of the road. He asked what the difference was between the two. Mr. Annunziato replied that it - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 would be in the nature of 400 feet. Mr. Hester asked if that was between the two, where it would run into the church. Mr. Auslander showed a drawing of what that detail would look like. He said when you come out of that top parking lot, it is about 75 feet. Jerome T. Ulatowski, Engineer, Henderson & Bodwell, Consulting Engineers, Orlando, Florida, came before the Board. Less than two years ago, When this project was moving, Mr. Ulatowski was in Boca Raton. As they could see by the sketch, Mr. Ulatowski said it could be done. He wished to-point out that before he realized that this would be denied, he reactivated the COunty road opening permit. Mr. Ulatowski emphasized that he had that and he guessed he could get it revised. ' The one thing that makes it possible to do this and not lose any parking spaces is that Mr. Ulatowski would have to take another advantage of the City's Parking Ordinance which says 9 foot park- ing spaces. At the moment, Mr. Ulatowski has ten. If he goes down to nines, Mr. Ulatowski said he could rearrange it as shown there and he would not lose any parking. Mr. Ulatowski said he. would have to put in about 370 square yards-of pavement in there. Mr. Auslander said whoever would construct that parking lot with respect to the automobiles would be parking there.with changes to the ingress and egress. He stated that it has some effect on the building. Mr. Ulatowski wished to state that the Land Planners of the City have given them tremendous cooperation. Mr. Hester asked if they would agree to work with Carmen Annunziato, City Planner. Mr. Auslander replied, "Absolutely." He added that the bonds are sold, financing is in place, everything is done, and they just have to arrive at a point where they can pull the building permits in a reasonable amount of time and meet the Federal Government require- ments. Vice Chairman Winter asked if anyone else wished to speak in favor to the request. There was no response. He asked if anyone wished to speak in opposition to the request. There was no responSe. Mr. Hester moved to approve the parking lot variance request, subject to staff comments, seconded by Mrs. Bond The motion carried 4-0. ' SITE DEVEL©PMENT PLANS Project Name: Applicant: Owner: Location: Description: Boynton Terrace Apartments modified site plans Boynton Associates, Ltd. c/o Jeff Auslander Palm Beach County North' Seacrest Boulevard at NE/NW 8th Avenue Construction of 83 multi-family, 2 story, section 8 assisted housing units for families plus recreation facilities - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 ~H. Annunziato informed Members of the Board that staff recommended approval, subject to the comments that Mr. Cannon read into the record under the "Parking Lot Variance Request" above. Vice Chairman Winter asked if anyone wished to speak in favor of the plans. There was no response. He asked if anyone wished to speak in opposition to the plans. There was no response. Mrs. Bond moved to approve the plans, subject to staff~'comments. The motion was seconded by Mr. Wandelt and carried 4-0. Vice Chairman Winter announced that the Board was going to "skip" down to "D. DISCUSSION". D. DISCU~SSION (!) Request by Community Redevelopment Agency to increase the geographical area Of the community Redevelopment area Carmen Annunziato, City Planner, told Members of the Board that they received in their Agenda packet a memorandum from him that basically reiterates some of the comments that were made by Hank Thompson, Chairman of the Community Redevelopment Agency, request- ing that the Planning and Zoning Board consider as a part of their Comprehensive Plan activity a review of their request to expand the limits of their previously defined Community Redevelopment area. Mr. Annunziato advised that the extension is in actually two parts, one on either side of the FEC Railroad, primarily bordering North Federal Highway to the Boynton Canal and second, the area to the northwest of the previously Community Redevelopment area boardered' on the west by N. E. 3rd Street north to N. E. 10th Avenue. Mr. Annunziato said they are now commencing an analysis of the remainder of the areas for the Community Redevelopment Agency for use in their review. As he noted in their analysis and in their recommendation, Mr. Annunziato said they recommend favorably on the request by the Community Redevelopment Agency, noting that the Comprehensive Plan generally is located in an area for the downtown procedure study, and these add-on areas meet this general definition. Also, Mr. Annunziato said these add-on areas meet the technical definition of blight which is listed in the statutes. Mr. Annunziato informed the Board that the definition of "blight" is far reaching and it can involve anything from under utilization of land to interstructure inferiority with things such as poor roads, poor sewers, and poor water delivery systems. Another aspect of blight which Mr. Annunziato said they thought would be apparent to the City's downtown area is a property ownership pattern, which inhibits the redevelopment of land. Hank Thompson, Chairman of the Community Redevelopment Agency, came forward and gave his address (6060 North Ocean Boulevard, Ocean Ridge, Florida). He thanked Mr. Annunziato for his presentation - 18 - MINUTES - PLANNING'AND ZONING BOARD BOYNTON BEACH, FLORIDA SPETEMBER 14, 1982 and said he was speaking in favor of it. Mr. Thompson introduced Samuel Scheiner, Vice Chairman of the Community Redevelopment Agency, and Dale Hatch, a Member of the Agency. He stated that the two other Members of the Agency, who were not present tonight (Don Combs · and Donald McKone) voted for this. To make his comments brief, Mr. Thompson informed the Board that in their beginning study, the Agency wished to have a composite picture to begin with rather than one they have to change later. Mr. Annunziato thought that they could certainly make a finding that this request is consistent with the intent of the Comprehensive Plan and then it becomes something of a technical matter for the Community Redevelopment Agency to deal with. Mrs. Bond moved that the request by the Community Redevelopment Agency to increase the geographical area of the Community Redevelop- ment area be approved, seconded by Mr. Wandelt. The motion carried 4-0. SITE DEVELOPMENT PLANS ~2~ Project Name Applicant: Owner: Location: Description: Stratford at Hunter's Run modified site plans Stratford at Hunter's Run Condominium Associ- ation, Oscar Ross, President Same as above Stratford at Hunter's Run Thatched chicees at pool areas Mr. Annunziato informed the Board Members that this comes to the Board because of the type of zoning that exists at Hunter's Run, that being a Planned Unit Development, which requires plat approval of structures other than single family detached homes. He said staff had no comments and recommended approval. Mr. Annunziato added that it was primarily an internal matter involving shade at the swimming pools. Vice Chairman Winter asked if anyone wished to speak in favor of the proposed plans. There was no response. He asked if anyone wished to speak in opposition to the proposed plans. There was no response. Mr. Wandelt moved to approve the planS, seconded by Mr. Hester. Motion carried 4-0. (3} Project Name: Applicant: Owner: Location: Description: Boynton Beach Shopping Center Rex Nichols, Architect William Haslam 2923 S. Federal Highway 12,326 sq. fti. commercial building Tim Cannon, Assistant City Planner, told Members of the Board - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 that this comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon continued by saying the proposal is for a 12,326 square foot retail shopping center on approximately a 61,000 square foot parcel of land located on South Federal Highway. Mr. Cannon showed Old Dixie Highway, which forks off South~Federal Highway approximately 200 feet to the north of the site on the west side of Federal Highway. He also pointed to an outline of the build- ing and to the locations of the two buildings (one being along the southern edge of the property). Mr. Cannon informed~the'Board that the're-were two two way entrance driveways, and he showed where they were located on Old Dixie Highway. He also said there were two entrance driveways on South Federal Highway, one located at a point on the map designated by Mr. Cannon (which goes into the parking lot) and another on the southern edge of the property which goes around the back of the shopping center. Mr. Cannon told Members of the Board there will be a wall located on the west side'of the property, which is required in the Zoning Code to buffer development~from adjoining residential areas. The staff comments with respect to the site plan were as follows, and Mr. Cannon read: Fire Dept. (James M. Rhoden, Sr. Fire Chief) "The cnly serious consideration we have on this plan review is that the hydrant need is not addressed. It will be a requirement that the center have two [2) hydrants located on the property, one (1) at each entrance. These hydrants should be placed South of the West entrance and North of the East entrance." (Mr. Cannon indicate~d where the hydrants should be placed.) "Thank you for your concern and cooperation." Utility Dept.: (Perry A. Cessna Director of Utilities) See Memo attached hereto, .as page 21. Police Dept. "Install security lighting at rear-of building, every 50 feet, wall mounted." Planning Dept. "(!) Curb landscape islands (2) Dedicate 10' of right'Of-way for Old Dixie to Palm Beach County (v3)~ Construct sidewalk on Old Dixie to Palm Beach County specifications" - 20 - M E M O R A N D U M September 7,1982 TO: 5~r. Carmen Annunziato, City Planner Proposed Shopping Center by - Mr. Haslam Please be advised that the developer will be required to wet tap, under our supervision, the 8" line on the south side of Dixie Hwy. and run a 6" line around the west and south perimeter of his property with two fire hydrants located as required by the Fire Department. At the southeast corner of their property, at U. S. $1, they shall be required to install an .8" line northward to the intersection of Old Dixie Hwy. and U. S. $1 to complete a loop for fire protection. The developer is requested to advise if this center is going to be serviced by one meter for all of the units or by separate meters. We are returning their plans. apt Attachment - plans Director of Utilities MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Mr. Hester asked if this was near where the filling station was - in that area. Mr. Annunziato replied that it was right behind it. He said it was directly to the. south, and it wraps around it. Vice Chairman Winter said there was a Texaco station down there. Mr. Annunziato noted, for the Board.~s edification, that there was a site plan under $100,000 which did not come for the Board's review that was for the gas station. They are rebuilding as a self service facility, and Mr. Annunziato said that.it wilI~-be greatly improved in terms of landscaping, access, etc. He said the entire corner will be redeveloped consistent with the current Codes. Vice Chairman Winter asked the applicant to come forward. Rex Nichols, Architect, 4201 North Federal Highway, Lighthouse Point, stated that basically, the project is designed to be a very clean contemporary and maintenance free shopping center to upgrade the area. H.e noted that Mr. Annunziato just said that the filling station is going to improve the area situation. Mr. Nichols said they are pr6vi~ing at least the landscaping that the City is requiring and Tore. He further stated that they have spent enough time on the designs. Vice Chairman Winter was curious as to what kind of shopping center they were going to have there. Mr. Nichols replied that they would be small boutiques. As there would not be any large ones, there would be quite a variety of smaller boutiques. He said there would not be any department stores. Vice Chairman Winter asked if there would be any convenience stores like 7-11 or that type. Mr. Nichols replied, "No." He said they would be mostly 1,000 square foot boutiques, but there is one that is about 1500 or 1600 square feet. Mr. Annunziato noted that Mr. Nichols heard the staff comments and asked him if he had any comments with respect to the staff review. Mr. Nichols a~swered, "No. The comments are good, and we certainly will abide by those. We certainly will see that the fire hydrants are added, and we had intended to provide the curbing. We want all of this to be very nice, as well." Vice Chairman Winter commented, landscape, curbing, and the islands, and security lighting. Mr. Nichols replied, "Right. That provides a much neater landscape. We certainly intend to do those things." Vice Chairman Winter asked if anyone wished to speak against the plans. There was no response. Mr. Hester moved to approve the plans, subject to.staff comments. The motion was seconded by Mrs. Bond and carried 4-0. Mr. Hester noted the name "Boynton Beach Shopping Center". Mr. Annunziato suspected that the name-would have to be changed. He thought the City already had one. Vice Chairman Winter remarked that was right. We have one in the center of town, Mr. Annunziato said the applicant, in his cover memos and identification sheet~ identified it as the Boynton Beach Shopping Center. He thought there was probably a registered name of some sort and said it would - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 have to be adjusted. (4) Project Name: Applicant: Owner: Location: Description: Quail Ridge Professional Center Dutch Bliss Joe Cogen Woolbright Road west of Congress Avenue 12,320 sq. ft. office building Tim Cannon, Assistant City Planner, informed the Board that the site plan came to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon said the proposed site plan is for a 12,320 square foot professional office building to be located on a .98 acre parcel of land located approximately 200 feet west of Congress Avenue. He indicated North Congress Avenue, the direction you would go 200 feet, and Woolbright Road (which runs along the southern boundary of the property}. Mr. Cannon showed the outlines of the building, which was an "L" shaped building, the parking lot, and the land- scaped islands. Immediately~to~the~-~e~-~for~o~nta~i~n~ Mr. Cannon said there presently is a Mobil gas station. Mr. Cannon read the staff comments, as follows: Utility Dept.: (perry A. Cessna, Director of Utilities) "My only ccxm~nt is that the developer should advise the utilities Department whether the professional center is going to be individual m~ters or one master meter." Police Dept.: "Install security lighting every 50' in rear of bUilding shining downward. Planning Dept.: "(1) Curb median to Palm Beach County specifications. (2) Curb landscape islands consistent with Code. (3) Double stripe parking lot. Carmen Annunziato, City Planner, noted that the location map sent to Members of the Board should be just north of Woolbright road, in the same direction. Vice Chairman Winter heard Mr. Cannon say it was directly east to the Mobil station. Mr, Wandelt asked if it would be inbetween the water tank and the Mobil station. Mr. Annunziato answered, "Exactly". Dutch Bliss, Stinson & Head Construction Corp., 1201 East Hills- borough Boulevard, Deerfield Beach, had nothing to add except that Robert G. Currie, Architect, is in the process of doing a render- ing, which is a lot nicer to look at than the site plan makes it out to be. Mrs. Bond asked how many stories the building has. Mr. Bliss replied that it had just one. Mr. Annunziato noted that Mr. BliSs heard the staff comments as they apply to the site plan and asked if he was willing to comply with the staff comments. Mr. - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Bliss answered, "Oh yeah. There's no problem there." Mr. Annunziato questioned whether Mr. BliSs was in concurrence with them. Mr. Bliss replied, "Uh huh." Mr. Wandelt observed that it did not state how many offices would be there and asked Mr. Bliss if that was open to be expanded. Mr. Bliss answered that it was based on eight right now. He thought it would probably be less than that. Mr. Bliss stated that they are based on 1,000 or 1500 feet. Mr. Wandelt asked if it was flexible. Mr. Bliss said it could go either way. For status right now, Mr. Bliss informed the Board that they have eight sets of ~n~rance. Mr. Wandelt asked if it could exceed eight. Mr. Bliss did not think it could because the space would be too small and it would prohibit any kind of business activity. Vice Chairman Winter asked if anyone wished to speak in opposition to the site development plans. There was no response. Mr. Wandelt moved to approve the site development plans, subject to staff comments. Mrs. Bond seconded the motion, and the motion carried 4-0. (52 Project Name: Applicant: Owner: Location: Description: Greer Warehouse and office building Culverhouse Construction Barry E. Greer 1401 Neptune Drive 2 buildings totaling 25,236 sq. ft. to be used for warehousing with ancillary offices Tim Cannon, Assistant City Planner, told Members of the Board this site plan comes to them with a positive recommendation from the Technical Review Board, subject to staff comments. He said the proposed site plan would consist of 23,220 square feet of warehouse space, contain two buildings (which Mr. Cannon showed on the over- lay) and, in addition, there would be 4,032 square feet of office space that would be an accessory use to the warehouse. Mr. Cannon informed the Members that this site is located on Neptune Drive which runs along the South b~der ~ of the property.~ He said it was located in the industrial area on the southend of the City between 1-95 and Congress Avenue. Mro Cannon said Congress Avenue is several hundred feet west of the parcel. He stated that the lot runs north and south, and he pointed oUt the two buildings. The buildings would consist of high ceiling ware- houses. They would be one story. However, they would be 21 foot high. Mr. Cannon read the staff comments with respect to the site plan as follows: Fire Dept. See Memo attached~ as page 25. Mr. Cannon indicated the location for the hydrant, the water main, and where the hose runs to the back building. - 24 - M E M O RA N D U M : JAMES M. RHODEN, FIRE CHIEF BOYNTON BEACH, FLORIDA FIRE DEPARTMENT TO: Carmen S. Annunziato City Planner DATE: September 7, 1982 SUBJECT: Greer Warehouse - Neptune Drive The Greet Warehouse has been evaluated from the fire protection aspects as they relate to the propOsed plan. The following list indicates problem areas and our recommendation for satisfactory compliance: 1. The distance for hose runs to the back building are beyond the range for satisfactory "time to water" averages. la.' provide a hydrant at the South West corner of the back building~on the property line. 2. No water line to supply the above ref. hydrant. 2a. Provide an 8" water main to supply the hydrant. Thank you for your concern and help. Chief MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Engineering Dept. "1. (Tcm Clark, City Engineer) Drainage calculations should be revised to indicate that that the first hour of a three year storm is contained on site. Scme considerations should be given for percolation to show that the construction proposed is O.K. 2. Please note that the lighting plan is not included. A note on sheet one indicates shop drawings for lighting will be submitted." (Mr. Cannon advised that the Technical Review Board felt that this note was suffiCient. ) Mr. Cannon said' the TeChnical Review Board made a finding with regard to the second comment on the lighting. Mr. Annunziato asked if Mr. Cannon recalled what it was. Mr. Cannon believed they found that they could indicate it on the drawing. Mr. Annunziato stated that the applicant was to submit shop drawings to the Building Department without a permit to give the City an indication of what his lighting plan for his parking lot was going to be. Mrs. Ramseyer, Recording Secretary asked if the applicant did or was going to submit drawings. Mr. Annunziato said the applicant indicated that the shop drawings will be submitted on the blue prints. Mr. Cannon continued reading the staff comments: "Police Dept. "Install security lighting on buildings." "Public Works Department: "Contact Public Works prior to building dumster slab for location and orientation." Planning Dept.: "(!} Curb landscaping. (2) Construct sidewalk thru driveway. ,' (Mr. Cannon indicated the location on the plan.) Utility Dept.: (Perry A..Cessna Director of Utilities) "Per our discussions at the TRB meeting this date, please advise the developer to show location of water line on Neptune Drive and the proposed location and size of a water line in a 10' easement, at least 10' from any building, with calculations for fire flow and fire hydrant, as required by the Fire Department." Barry E. Greer, owner of the project, 4324 South Ocean, Highland Beach, Florida, had one comment about, the hydrant. He thought under the Code he should have water back there (according to the Fire Department) because of the number of feet back to the back property. In the Code, Mr. Greer said it calls for a six inch main (BOynton Beach Code, Article 1016, Section 16 "Fire Hydrants", page 21461. Mr. Annun~iato corrected Mr. Greer by pointing out that it did not say "six inch, it said "no less than six (6)" in the Code. Vice Chairman Winter noted they were requesting eight. Mr. Greer told the Members of the Board that they also have an eight inch main along the street. - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Mr. Greer informed Members of the Board that he has been a fire- fighter for 14 years (five years in Columbus, Ohio and nine years in Pompano Beach). He said the Fire Department does agree with his comments but they said according to the COde, they still need a hydrant back there. Mr. Greer pointed out that you could not fight the fire with a'hydrant next to a burning building. He said you were not going to jeopardize the lives of the firemen-, or a $200,000 fire pumper next to a burning building. Mr. Greer advised that the Code was designed for a shopping center type of thing. He happened to fall into a situation where, because of the number of feet, they have to give the comment that they gave. Mr. Greer said the hydrant would virtually be non-use for his piece of property as a fire fighting tool. Also, it would be a $15,000 item for him. Mr. Greer thought it was a ~fairly expensive item that is a non-functional thing, yet it falls under the Boynton Code. The Federal Code, which is the Underwriter's, Mr. Greer said he is well within that. He also had the Federal Code there and said Boynton Beach has the 200 foot minimum, which was in 1978. Mr. Annunziato said this was a "subdivision regulation" concerning uses such as this. He read: ".. °fire hydrants shall be. spaced no greater %hah three hundred (300) feet apart and the remotest part of any structure shall not be more than two hundred .(200) feet frc~ the hydrant and shall be connected to mai~ no less than six (6) inches in diameter." A relatively standard comment on the part of the Fire Department is where you have a building that they cannot protect, the Fire Department feels that it should be protected with the fire lines and the fire hydrant, Mr. Annunziato told the Board. To give Members of the Board an idea of how long north/south that lot is, _it was more than 400 feet, as Mr. Annunziato recalled~:~ G~r'said, "It i.s 430 feet, but is 220 feet -" He walked to the overlay, Mr. Greer showed his property line and said he was 135':fee~ from a hydrant and 160 feet .another hydrant sets this way. Mr. Annunziato said it was just apparent then that the southern part of Mr. Greer's southernmost building would just fall into that 200 foot category. Mr. Greer agreed that was right, but Mr. Annunziato pointed out that it just makes it. In effect, Mr. Annunziato added, the building to the north would be unprotected, and that is the basis for the Fire Department's comment. Concerning the'8 inch water line, because they were going to have approximately a 280 foot deadend water line, Mr. Annunziato said the Fire Department felt that th~ 8 inch water line would give them the required flow they needed to protect these buildings in case of emergency. He said those were the kind of conversations that were held at the time of plan review. Mr. Greer's only comment to it was, "Yeah, I agree. It's fine to have water there but you..also, to make a Code that can"t be used just doesn't make sense. The Fire Department agrees with it but - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 yet they had to tell me I need a hydrant." Mr. Annunziato was interested to see why the Fire Department said that Code cannot be used. Presumably, if the back building is on fire, Mr. Annunziato said the front building may not be on fire. In that case-you~can get to the fire hydrant, connect to it, and still fight the fire ~n back, Mr. Annunziato argued. Mr. Greer pointed out that in the same Code it also said that the hydrant should not be placed within 40 feet of any buildings. He said it cannot go on his property with that 40 foot of the building anywhere. Mr. Annunziato called attention to the fact that Mr. Greer's west property line is more than 40 feet from the building. He thought it would work. Mr. Annunziato thought the Fire Department's comment is pertinent and that it would work. Although Mr. Annunziato could not give Mr. Greer the Fire Codes in a national gender, Mr. Annunziato thought the intent of the Fire Department's comments was very clear - the need of protecting the building° He said they cannot protect it in the situation that exists now, which is what our Code says, and that is it. Mr. Wandelt did not think the Planning and Zoning Board had any jurisdiction over that. He said they do not understand the fire- fighting tactics. Mr. Greer understood that, and that was the only reason he brought it up. That was why Mr. Greer brought it up - firefighting tactics. Sure, Mr. Greer noted, you need water back there naturally. That is why you have pumpers and you have 1500 foot of hose on each pumper. Mr. Greer talked to the captain that is on duty right now and he said %hat woutd.be what they call a reverse lay. He said the truck would back up and lay the hose right to the hydrant. They would never use the hydrant because if smoke was showing, Mr. Greer said the comment was they could use that for a mop up if they had a big fire'and needed .to mop up. Then there would be water to that back property. It seemed very expensive to Mr. Greet. Mr. Greer stated that the hydrant would be much more beneficial to the property next to him. If that property was ever developed, Mr. Greer said the hydrant would be V~ry essential to fight his fire, but Mr. Greet did not feel he should pay for his protection. That was what he was trying to get through to the Board. Mr. Wandelt noted that Mr. Greer just happened to get there first. The sad thing is Mr. Greer has to pay to get the sewer taken across the street that he thought was on the wrong side of the street. Mr. Greer's only comment was that the Fire Department said, "Yes, there should be water back there according to the Code." He just talked to the Executive Chief a'half hour before meeting here and said the Fire Department also admits or does say you could not use it actively to fight the fire. He reiterated that the Code said it has to be back there. Mr. Wandelt asked Mr. Greer, "Wha~ if there is a fire in the north- east corner of the building? Would you not make the cost over a period of years in savings on your fire insurance. Mr. Greer - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 even checked that out. He advised they do not recognize this Boynton Beach Code .... Under the National Code he falls under, and that is what they write the insurance on, Mr. Greer said it was 500 foot. The Boynton Beach Code, which they just mapped in 1977, was 200 feet, which is quite a bit different that what the National Code is Mr. Greer further said. The building is going to have a concrete roof, Mr. Greer continued. Right now, the plans call for ~a metal type roof, all cement block concrete. Mr. Greer was even going to put a concrete roof on now because 'he found out it is a little cheaper too. He got the best fire rating he could get except if he sprinkled the building. Mr. Greer fell under the square footage quite a bit, and said it was 20,000 square feet. As he said, Mr. Greer was not trying to fight for $15,.000. Vice Chairman Winter advised that the Board had no control of that. Mr. Greer thought that the Planning and Zoning Board could recommend. Vice Chairman Winter reiterated that this, the Board had no control over. .This was that the Fire Department has to follow the City's Codes. Vice Chairman Winter asked if anyone wished to speak in opposition to the plans. There was no response. Mrs. Bond moved that the plans for the Greer Warehouse and office building be approved, subject to staff comments. The motion was seconded bY Mr. Wandelt and carried 4-0. SUBDIVISIONS PRELIMINARY PLAT Project Name: Applicant: Owner: Location: Description: Boynton Isles Plat No. 2 Denis Potiris Murphy Construction Company Between Greenbriar Drive and Sterling Village Condominium Seven (7) lot single family subdivision Tim Cannon, Assistant City Planner, informed Members of the Board that the preliminary plat comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board subject to staff comments. He said the request was for approval of the preliminary plati of Boynton Isles Plat No. 2, which consists of seven (7) single family lots abutting the canal which comes off the Intracoasital Waterway and immediately to the south of Sterling Village Condominium. Mr. Cannon read a letter addressed to Carmen Annunziato, City Planner, from Tom Clark, City Engineer, dated August 12, 1982, attached hereto as page 30. Attached to Mr. Clark's letter was a copy of his letter to Mr. Denis Potiris, Robert E. Owen and Assoc. Inc., dated July 29, 1982, stating his comments regarding the preliminary plat. Said letter is attached hereto as pages 31 and 32. - 29 - MEMORANDUM August 12, 1982 TO: FROM: Re: Mr. Carmen Annunziato, City Planner Tom Clark, City Engineer Boynton Isles, Plat 2 Preliminary Plat The T.R.B. has reviewed the subject preliminary plat and approval is recommended subject to corrections being made according to my. letter of July 29, 1982 to the Design Engineer, a copy of which is attached hereto. The appraisal for the property was forwarded to your office with my memo of August 6, 1982. The Design Engineer's representatives stated that the poor prints of the plat was because they had not yet made the photo-mylar which would become the plat document and from which good prints could be made. Forwarded herewith is one set of plans and five prints of the plat. TAC:mb Tom Clark - 30 - CITY of .'BOYNTON BEACH P. O. BOX 310 120 N.E. 2ND AVENUE BOYNTON BEACH, FLORIDA 33435 Office of the 'City. Eng.±neer Mr., Denis Pot!r~S Robert E, Owen and ASsoc, I'nc, 2300 Florida Mango Rd. P,O, Box 3331 West Palm Beach.,'-~1, 33409 July 29, 1982 Re: Boynton Isles, Plat No, 2 (Preliminary Flat) Dear Den~s~ Reference ~S made to your i~tter of July 19, 1982. A preliminary review has been. made and comments are as follows: Pl.at 1, 2. Change $76°06~05" E to N76°06~05. Change 'S..E. 9th Ave, to Greenbriar Drive ~ leave S.E. 9th Ave. ~n parenthesis. 3, Add acreage to description, 4. Add symbols under notes. 5. 0nly the Mayor, City Clerk and City Engineer sign the plat. 6. The name of draftsperson who prepared the pla% is required along with the name and address as per SS 177. 7. W.ere original p..P%M's located? 8. Add "Date" under title. 9.. Why is the "A" required for lot identification? 10. Add P.O.B. 11. Note in the dedication that canals will be maintained by the homeowners. 12. The typed parts added show up too dark on the prints. 13. "City of Boynton Beach" should be added to the plat to the. ieft'of "Palm Beach County." - 31- Mr. Denis Potiris Re: Boynton Isles, Plat 2 July 29, 1982 Page 2 Development Plans 1.' The sidewalks on the dedicated right of way to be.shown.and included in the cost estimate. Additional comments may be.forthcoming with further review of the plans. A recent appraisal or bill of sale will be required prior to presentation to the Planning and Zoning Board (for recreation impact fee). Please advise if you have any questions concerning the above. Very truly yours, TAC:mb CITY~ BOYNTON BEACH Thomas A. Clark, P.E. City Engineer cc: Carmen AnnunziatQ Perry Cessna MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 14, 1982 Mr. Cannon advised the Board that the City Planner made a calculation, based on the appraisal, with regard to setting the value of the land for parks and recreation dedication purposes. It came out to $64,903.85 per acre. Mr. Cannon said the Planning and Zoning Board would have to make some kind of finding with regard to this appraised value. Mr. Martin MurPhy, owner of the project, Murphy Construction Company, 1630 Clare Avenue, West Palm Beach, Florida, came forward to answer any questions. He explained that Denis Potiris was sick and unable to come. Vice Chairman Winter asked Mr. Annunziato how he figured the land value. Mr. Annunziato answered that the applicant submitted an MAI appraisal of the land. What they did was take the value of the land and divide it by the number of acres and came up with the land value per acre. It was close to $65,000 per acre, and Mr. Annunziato said they felt it was responsive to the subdivision regUlation, was obviously current, and they recommended that the Board find that that is consistent and meets the parks and recreation criteria for land Value. Vice Chairman Winter asked Mr. Annunziato if there was anything he wanted to add to it. Mr. Annunziato replied, "Just a memo from Tom Clark with a lot of technical applications which need to be addressed. Mr. Murphy understood that this had to be done. Vice Chairman Winter asked if anyone wished to speak in opposition to the preliminary plat. There was no response. Mr. Hester moved to accept the preliminary plat, subject to staff comments, and to find that the land value based on the recent appraisal should be forwarded to the City CoUncil. The motion was seconded by Mr. Wandelt and carried 4-0. DISCUSSI'ON Consideration of meetin9 schedule dates for Plannin9 and Zoning 'Board As the Board would recall, Mr. Annunziato reminded them that in early summer it was brought to the Board's attention that it appeared that one meeting a month would be appropriate for the Board's scheduling. Since it was now ~he en~ of the summer, Mr. Annunziato felt it should be brought back to!the Planning and Zoning Board to determine what their feelings are with respect to meeting dates. Apparently, the work load is not such that the Board cannot handle it in one meeting a month, Vice Chairman Winter felt. He said he would just play it by ear unless he found that it gets to the point where it would be a necessity to haTM more than one meeting per month. Right now, he still could not see it. Mr. Wandelt wondered if it was holding back any projects. Mr. Annunziato did not think anybody had been damaged by the one meet- ing per month schedule. What was interesting was there were a lot of items on tonight's agenda, but those first six public hearings - 33- MINUTES - PLANNING AND ZONING BOARD BOyNTON BEACH, FLORIDA SEPTEMBER 14, 1982 would have been at any one meeting, Mr. Annunziato explained, because that is the way the applicant structured it. The applicant wanted to make sure all of the items were processed coincidentally. Mr. Annunziato noted that it looked like a long agenda, but he felt it was clear tonight that most of the information was straight? forward. He did not see it picking up to the point where the work is such that it is holding people back. Mr. Annunziato wanted it to be very clear that the decision rested with the Board. He said the staff would comply with whatever the Board desires. If this had been a meeting tonight that would have taken until Mid- night, Vice Chairman Winter thought they would have had to entertain the idea of going back to two meetings. Mr. Wandelt agreed. Mr. Annunziato asked if they should stay on a one per month meeting basis until further notice or they find a problem that they report to the Board. Members of the Board agreed. Vice Chairman Winter said that was by consensus of a 4-0 vote. ADJ©URNMENT There being no further business to come before the Board, the meeting adjourned at 9:18 ~. M. Respectfully submitted, - 34 -