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Minutes 07-13-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 13, 1982 PRESENT Simon Ryder, Chairman Garry Win~er, 'Vice Chairman Ronald Linkous Simon Zive Ezell Hester Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ABSENT Lillian Bond (Excused) Robert Wandelt (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. He introduced the Members of the Board and informed everyone that Robert Wandelt and Lillian Bond, Members, are on vacation. Chairman Ryder alSo introduced the City Planner, Assistant City Planner, and the Recording Secretary. He acknowledged the presence of Councilman Joe deLong and City Manager Peter Cheney in the audience. MINUTES OF JUNE 8, 1982 Mr. Zive moved, seconded by Mr. Linkous, that the minutes be approved as presented. Motion carried 5-0. ANNOUNCEMENTS Although there were no announcements, Chairman Ryder mentioned the workshops performed by Dr. Bartley, Professor of Urban and Regional Planning, University of Florida, which Members attended. Chairman Ryder attended the workshop meetings for both t he Planning and Zoning Board and the Board of Adjustment and found them very informative. He was glad to see Members of the Board present there. He thought thanks should be given to Dr. Bartley and also to both Carmen Annunziato, City Planner, and City Manager Peter Cheney for arranging the workshops. COMMUNICATIONS Chairman Ryder stated that he had some communications with regard to the'hospital matter, which was coming up. He said he would get to them in due time. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS: 7:30 P. M. MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Chairman Ryder announced that there 'are two items in the nature of public hearings. I'n these matters, public notices are put in the local newspapers, alerting people to the fact that there is going to be a public hearing. People in the immediate vicinity of the locations involved are directly apprised of the fact that there will be a public hearing, and their attention is brought to the fact that they can come and appear if they so wish. (1) Land Use Amendment & Rezoning Bethesda Memorial Hospital Par'king Lot Applicant: Request: Location: Proposed Use: Legal Description: Southeastern Palm Beach County Hospital District Land Use Amendment from Moderate Density Resi- dential to Public and Private Institutional, Governmental, and Rezoning from R-l-AA (Single Family Residential) to PU (Public Usage). Mango Court Hospital Parking Lot Lots 5-1'2, 20, 21, Benson Heights, in accordance with the Plat thereof on file in the Office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, as recorded in Plat Book 24, Page 151 Chairman Ryder advised that the procedure would be as follows: First there would be a report from the City Planning Department. This report will delineate the location, discuss the important phases and pertinent factors regarding the request, followed by recommendations to the Board. Following the report by the City Planning Department, Chairman Ryder said they would hear from the representatiHes of the hospital and from anybody else in the audience who wishes to appear either in favor or in opposition to the request. Assistant City Planner Tim Cannon informed the Members of the Board that the City Planning Department recommended against the request by the Southeastern Palm Beach County Hospital DiStrict. He said they were recommending against their request for rezoning of the property in question from R~i-AA (Single Family Residential~ to PU (Public Usage) and also recommending against approval of the future Land Use Plan Amendment for this property from Moderate Density Residential to Public and Private Institution and Govern- mental. Mr. Cannon explained that their reasoning against the rezoning and the Future Land Use Plan Amendment was actually the conflict with the Comprehensive Plan Policies for protecting the residential neighborhoods. He showed the lots covered by the rezoning request. Mr. Cannon said there are ten lots, and all of the lots are abutting Mango Court. Immediately to .the east are two single family and also five vacant lots existing in the Benson Heights Subdivision. He showed the lots on the plan. Mr. Cannon continued by saying that further to the east is - 2 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Westchester Heights Subdivision, which is largely built up with single family homes. Immediately to the south are 7 vacant lots which were included in a previous rezoning request by the hospital, and further to the south in the Public Usage District is the hospital itself. To the west is the Ridgewood Estates Subdivision, which is also built up with single family homes. Mr. Cannon advised that rezoning this property would create a intrusion into the R1AA District, which would be about 600 feet in length. The property, if rezoned, would be close to an existing Public Usage District; and the use of this property would be parking which, of course, is an accessory use to a hospital that could not practically be located elsewhere. Mr. Cannon continued by saying that the Comprehensive Plan policies that are relevant to this rezoning request are general policies concerning the preservation of residential neighborhoods. He quoted from the Comprehensive Plan as follows: "1. Provide a suitable living environment in all neighborhoods, 2. Eliminate existing and potential land use conflicts. Encourage the development of corm~rcial land uses where accessibility is greatest and where' impacts to residential uses are minimized. 4. Encourage the preservation of existing single family neighborhoods." Mr. Cannon stated that there were three major issues surrounding the rezoning: ~1 was whether the rezoning would have an adverse impact on the quality of life and property values on the adjoining residential neighborhoods. Their response was as follows: If the property in question were to be rezoned, it would create a major intrusion into the surrounding R1AA (Single Family Residential) District. Development of the property as a hospital parking lot or any other PU (Public Usage) permitted use would increase the level of noise, glare', and aesthetic detriment, and would impair the privacy and security of surrounding residential property. The .property which is proposed to be rezoned would directly impact eleven residential lots in the Ridgewood Estates and Benson Heights Subdivisions, which abut the property directly. The rezoning would also affect the development and affect the quality of the residential environment that is remaining in the undeveloped acreage along Golf Road. Furthermore, access to the proposed parking lot would most likely to be from either SW 24th Avenue .~or SW 25th Avenue. Mr. Cannon said this Should be contrasted to the hospital's previous zoning request in which access to the proposed parking could very easily be from the hospital. He said the Planning Department would feel that this would be the case if the property - 3 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 were rezoned. Mr. Cannon said the Planning Department believed rezoning would impede the development of the remaining vacant residential lots on Mango Court and would lower the property values in the area and, of course, lower the quality of the resi- dential environment. This would be a contradiction to the Comprehensive Plan ~olicies. Mr. Cannon. stated that it is also possible that the applicant, or some future property owner, could build a structure on the property up to 45 feet high and within 30 feet of adjoining residential property. Mr. Cannon called attention to the fact that this would have a more severe impact on the residential property than a parking lot. Mr. Cannon continued by saying the second major question concerned the availability of parking in the adjoining C-1 District. If the hospital were to acquire land in the adjoining C-1 District, they could develop it for parking without rezoning. Mr. Cannon informed Members of ~the Board that there is a stip of 7 lots along SeacreSt Boulevard, which is presently zoned C-1. Furthermore, there is a tract of vacant land, about 200 feet to the south of the hosPital, which is also zoned C-1. The combined acreage of these vacant parcels is about 4.3 acres, and this compares to the approximately 4.4 acres contained in the hospital's previous rezoning request. Mr. Cannon said there would be a big difference in the market value the hospital would have to pay for the property it wishes to have rezoned as compared to the already C-1 zoned parcels. The value of the C-1 zoned parcels is probably about a Million Dollars, more or less, and the hospital's coSt of acquiring this residential property would be about $270,000.00, which is about 3/4 of a Million DOllars difference. Mr. Cannon further informed everyone that the hospital also has the option of building a parking garage, which would cost about 5-1/2 Million Dollars, so it would be 5-1/2 Million Dollars for a parking garage, about One Million Dollars for the existing C-1 parcels, and about $270,000.00 for the lots that are presently zoned R-1AA. The third major issue concerns distribution of costs and benefits surrounding the rezoning, Mr. Cannon continued. He read the following question: "(3) Is the property in question more beneficial, frc~ a social standpoint, if developed for residential uses, or more bene- ficial if used for hospital parking?" Mr. Cannon pointed Out that the interests of the residents of the Southeastern Palm BeaCh County Hospital District would probably be better served if the property were to be rezoned. However, the general interests have-to be measured against the interests of the surrounding property owners. Mr. Cannon noted that it was sort of a qualitative judgment, but it w6uld be the interest of the Hospital District residents against the landowners. Mr. Cannon said the Planning Department really could not say which was the higher interest. They really could only say what the - 4 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Comprehensive Plan says concerning preservation of a single family neighborhood. On this basis, the Planning Department recommended against approval of the applicant's Rezoning and Land Use Amendment Request. Once again, Mr. Cannon emphasized that the Planning Depart- ment felt it would be in direct conflict with the Comprehensive Plan and, in that light, the Request for Rezoning and %he Land Use Amendment should be denied. Mr. Zive asked how far away the C-1 district was from the hospital. Vice Chairman Winter answered that it was 200 feet. Mr. Zive asked if that area would be allowable for a parking lot. Chairman Ryder replied that it would. Mr. Cannon pointed out the areas on the plan. Robert B. Hill, Assistant Administrator for Operations, Bethesda Memorial Hospital, 2815 South Seacrest Boulevard, Boynton Beach, Florida, representing the Southeastern Palm Beach County Hospital District and Bethesda Hospital, appeared before the Board. He said their need for additional parking is severe, and it is their intent with this application to try to provide the least possible costly alternative to providing additional parking that is required by all the residents of their district and the residents of Boyntonbeach. As has been very .well publicized, Mr. Hill said'it was their attempt to keep the cost of health care to its lowest level. Therefore, he asked for the Board's approval of the rezoning issue so that they could provide the parking that is sorely needed for the hospital. Chairman Ryder asked if anyone wished to speak on behalf of the hospital. There was no response. Chairman Ryder referred back to the hospital's previous request, which is now in the Courts. He noted that at that time the hospital went along with the idea of closing 2nd Street, which would be very helpful to the people in that area. No~, Chairman Ryder noted they were coming in with something which is a'further intrusion and also affecting a new area (Ridgewood Estates) and which requires access from 1st Street, Mango Court, 25th Avenue, and 2nd Street. Chairman Ryder questioned the sincerity and good faith in their making this application in the face of what they were prepared to accept before. Mr. Hill replied that it would be very easy, as he could still acCess the property from the hospital property if the Planning and Zoning Board and the City Council would reverse their decisions on his first application. He said he could still live up to that. Chairman Ryder asked, "Only if you got 13 and 147" Mr. Hill answered, "That's right." Chairman Ryder then asked, "And used the entrance on 4th Street?" Mr. Hill questioned using the entrance on 4th Street. Chairman Ryder informed him that he has an entrance on 4th Street and had a gate on 4th Street. Mr. Hill would not come from 4th Street. Chairman Ryer asked him - 5 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 how he would come, Mr. Hill replied he would come 26th Avenue, up to the hospital drive that runs along the north property line. Chairman Ryder requested Mr. Hill to show him on the map. Mr. Hill went to the map and said the main entrance to the hOspital now is up 26th Avenue, and there is a drive that goes all the way around the hospital. Their attempt was to come along there. 2nd Street was closed. Mr. Hill said they could access all of this property. Obviously, the drive goes all the way around, and if they had access there, they cOuld come and access all of that. Chairman Ryder pointed out that. he was getting into a cross- hatched area. Mr. Hill retorted that the crosshatChed-area could not be unless they were permitted somehow to do away with the plat of the road ba~k there. In other words, Chairman Ryder noted they.~were back to using the Westchester Heights. Mr. Hill asked, "With this little parcel?" Chairman Ryder meant all of it. He asked Mr. Hill how he would get to the crosshatched area from the hospital, and told him he did not have Lots 13 and 14. Mr. Hill remarked, "y~s!~hat~s'right ~you ~on'~_~" In other words, Chairman Ryder told him, "You don't get there, do you?" Mr. Hill replied, "Only if this Board and the ~City Council reconsider their previous decisions." Chairman Ryder commented, "Well, it's a good guess, isn't it?" Mr. Hill retorted, "That's right." Chairman Ryder informed Mr. Hill that he had options where he has areas that are properly zoned. Of course, obvioUsly there are reasons why Mr. Hill did not want to refer to them firsthand, Chairman Ryder continued. Mr. Hill advised that one was because the one on the lowHr level is not available, which makes a big diffsrence. Chairman Ryder no'ted'that Mr. Hill hoped to get re- zoning of areas that are residential; the surrounding area is residential, and Chairman Ryder felt the impact of this was even worse than the one in their original petition. As Mr. Cannon pointed out, Chairman Ryder Said you could get to ths lots south of 25th Avenue from the hospital, but you can't in this case. Chairman Ryder told Mr. Hill he was back to bringing traffic in, which comes up Golf Road or 23rd Avenue and tries to circumvent Seacrest by coming in through 1st Street. Chairman Ryder asked, beside having an advantage for the applicant, how it would be palatable to the residents, or didn't it make any difference. ~f they were talking about rezoning the existing parcel, Mr. Hill said Chairman Ryder was correct. There is no way to access the crosshatched area there except through the neighborhood. Mr. Hill was sure his Board of Directors would be willing to say nothing would be done to that property until access is available. He said that was easy enough to do but that would take a decision on the City's part, not the hospital's part. - 6 - MINUTES - PLANNING AND ZONING BOARD JULY 13r 1982 Chairman Ryder believed there was no question about the validity of the applicantls need. He noted, as an out patient a few weeks ago, that there is a problem, but Chairman Ryder also said a lot has happened in the interim. Chairman Ryder said they were committed to a plan which indicates residential development. Some of it remains to be developed; a good part of it is in, particularly in the new area of Ridgewood Estates and the area around Mango Court and 25th Avenue. In Chairman Ryder's point of view, the impact would be very serious, from the standpoint of the noise and the lights at night. In Chairman Ryder's opinion, the damage to the homeowners would be irreparable so when it comes to a matter of public interest or local interest, Chairman Ryder thought the local interest was the one of paramount importance. Chairman Ryder was puzzled as to the reason for this presentation following what has happened with the original one. He asked Mr. Hill how he could expect to get any favorable consideration in the light of what has happened to the previous request, which was not as damaging. Chairman Ryder imagined the City Council would come to the same thing. Mr. Hill Said that might be the case, but it was imperative that they make the effort. Mr. Zive referred to the property he just mentioned that is vacant and 1/4 a mile away, which he did not think was too far away to put a parking lot there. Mr. Zive said it would in no way be in anybody's way; the residents there would have no complaint, and he could not see why they could not make a parking lot in that area. Mr. Hill informed him there was only one problem with that. That one parcel alone will not provide enough parking spaces to prevent the hospital from some time in the future having to build a parking garage. Therefore, Mr. Hill said it was not worth wasting the hospital's money to buy that little piece of land when it is not going to do the ultimate needs of the hospital. He said they attempted~to get the proper amount of property rezoned to the north of the hospital. If that is not possible, Mr. Hill told the Board they will have to start constructing a parking garage, which will meet the.~entire needs of the hospital. Buying that parcel would be paying an exhorbitant amount of money for that parcel of land and it would not satisfy their needs, Mr. Hill informed the Board. Mr. Zive noted that there was another parcel below and asked Mr. Hill why they could not take both parcels and build a parking lot in both places. Mr. Hill answered that the one down below belongs to Boulevard Nursing Home, and they are looking at it for their own expansion purposes. It is also not for sale, as Mr. Hill said they talked to Boulevard Nursing Home. Mr. Linkous referred to the figures supplied by Mr. Hill of 274 additional spaces at a cost of $5,480,000.00 and asked him if he had time to review it since he submitted it a month ago. Mr. Hill answered that they did not. For the litigation, he said they are planning to redo the entire set of numbers. He advised that those are additional parking spaces because they would be _>building a - 7 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 three level garage on top of the existing parking lot with 400 spaces so they would only be gaining 274. That is why it is so expensive for additional parking. Mr, Linkous' reason ~fo~ asking that was if you figure 274 parking spaces~at $20,000.00 per, amount to about $118.00 a square foot. It seemed to Mr. Linkous with the simplicity of building a garage in lieu of a house, that those figures were a littl~ bit out of line. As he said, Mr. Hill repeated that they h~d not checked the figures but they would be going back. He.informed the Board that those figures were prepared by their architectur~.l firm. Mr. Linkous asked wh~Lt engineering firm they have, and Mr. Hill answered Henningson, Durham and Richardson. He advised that they are the fifth larges~ architectural firm in the nation and are based in Omaha, Nebr Lska. He said they have been the hospital's architect of record J~or the past six or seven years and have done all the expansion at the hospital and are the ones who provided him with the prelimil~ary design and an estimated cost. It seemed high to Mr. Linkous Lnd he wondered if it could be cut in half. Mr. Annunziato asked Mr. Hill if the hospital has the power of condemnation. To th~ best of Mr. Hill's knowledge, they do. Mr. Annunziato added~hat _t Was as a public entity, similar to the City. He noted that Mr. Hill mentioned the nonavailability of the property to the south. Takin~ the two vacant parcels together, Mr. Annunziato asked if there was el~ough land to provide parking for the hospital. Mr. Hill could not a]~swer the question, as he did not know. He said he had not laid out the parcel down below. Taking Mr. Cannon's figures of ~creage, M~. ~.{ill did not know. Mr. Annunziato infor]~ed him that they were approximately equal in size. Assuming that they would give the aPplicant the approxi- mate number of space~ that they have been looking for, Mr. Annunziato asked if ~he hospital has considered the power of comdemnation in resp ~ct to the parcel that may be available and the parcel that is n,)t available. Mr. Hill replied that they considered it but ha~ not acted. In doing that, Mr. Hill said they would be restricting the nursing home from their use, so they would satisfy one ne~d to sacrifice someone else's need in the future. Mr. Annunzi~to remarked that there are other places where nursing homes can go, but there is no other place for the hospital to go. Mr. Hill sai~ moving a nursing home was not terribly cheap either, but it could be do'ne, and they condemn. Mr. Hill commented, "I guess ~ou can condemn the whole neighborhood for that matter, but we are n~t out to do that." He said it was the only vacant available pro )erty immediately adjacent to the hospital property. That is w ~y the applicant is here requesting rezoning. Mr. Annunziato stated it was an interim position in terms of dollars between purchasing non-zoned property or building a parking garage. Chairman Ryder recognized the presence of Mayor Walter "Marty" Trauger in the audience. Chairman Ryder asked if anyone wished to speak in opposition to the Land Use Amendment and Request for Rezoning. - 8 - MINUTES - PLANNING AND ZONING' BOARD JULY 13, 1R82 Robert Foot, who with his wife, Ginny, lives at 2400 S. W. 1st Street, Boynton Beach, came before the Board, and stated that his home is adjacent to that vacant piece of property that was ~eferred to as one of the available pieces where parking could be placed. Mr. Foot noted that it had been a short time since he talked to the Board previously about the hospital's lack of planning and questionable credibility, their severe ~need ~for additional parking, and their reouest that the City governing authorities place the expense for their parking facilities on the neighborhood owners. Mr. Foot told Members of the Board he thought they had the question to face indeed, and he asked, "Who is responsible for the expense for parking for the hospital?" Mr. Foot recognized the presence of Mr. Hill, and stated 'that he may be the representative of the taxpayers and potential patients of the hospital, but as he recalled, Mr. Foot pointed out there was no one else here speaking in favor of the hospital's request. He called attention to the number of people present who are opposed to the request, and Mr. Foot hoped the Members of the Board would recognize the expense each of these people would face if this request were approved. Mr. Foot continued by saying the base for additional taxes that might pay for the alternative parking facilities is large, in the hundreds of thousands. He did not know if they have more than 200 people in the areas immediately adjacent to the lots. Mr. Foot said there was a very limited number of property owners where, indeed, the property values could drop readily $5,000 or $10,000; or, as in the case of one property on $. W. 24th~ Mr. Foot said the property has not been sold in the last year, They took their house off the market. Mr. Foot informed Members of the Board that the hospital was notified along with other public authorities in the area when the Comprehensive Land Use Plan was being considered years back, It was his understanding they did not respond, to protest the use of residential zoning on the adjacent pieces. Mr. Foot thought it could be that the Directors that are govern- ing the hospital's operations and planning now are more ~astute and recognize their needs. The severe needs are mentioned. On the other hand, the hospital spokesman tonight said they are going to commit the hospital to any restricted use of this additional piece of property, Mr. Foot continued. It has been mentioned that it could go 40 feet in the air and 40 feet from the adjacent property lines. Mr. Foot said they have seen apparent problems with the hospital's ability to follow through with commitments. Mr. Foot reminded Members of the Board that the hospital told them earlier that they would go along with the.closing of S. W. 2nd Street. Seemingly, the next day, after the City Council denied that, they withdrew that application. At the time they were asking for that earlier rezoning, the hospital assured - 9 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 everyone that they would have enough property there, Mr. Foot continued. He said the hospital did not have additional needs, and here they are only five or six months later telling us they have a severe need for additional parking. Mr. Foot noted that they did not reference this to the final fifty beds that they might want to provide throughout the hospital. Mr. Foot asked, "What's next?" Mr. Foot thought the Planning and Zoning Board had to recognize the commitment made by individuals in that area relying on the Members of the ~Board and the City Council and perhaps tell the hospital that they are going to have to pass the expense of park- ing on to the potential users. He referred tor~the~ad~aCent ~pieces available for parking, facing onto Seacrest, the parking garage which would provide sheltered parking for people who might enjoy getting out of the rain. Mr. Foot asked, "What has the hospital done at this point about staggering shifts so they don't have the peak needs that they have experienced in the past?" He noted that nothing has been said to this. Mr. Foot noted that the hospital spokesman made a nominal appearance tonight and it was indeed reasonable to question why they are asking for this at this time, recognizing the Board's authority at this time, but working in CoUrt against the Board's actions. Mr. Foot felt it was indeed a good question as to why the hospital was making a show of any sort here tonight. Mr. Foot hoped Members of the Board would turn the request down With an unanimous vote and that the City Council would do the same, and they would see the City proceed with the defense of the Board's earlier actions on the piece that was proposed earlier for rezoning. There was loud applause. Edward Thompson, 2616 S. W. 4th Street, Boynton Beach, Showed the Members of the Board the location of his property on the plan. He said he would be very brief as most of what needed to be said had been said. He wished to speak for a few minutes for the people of Ridgewood Estates. Mr. Thompson informed Members of the Board that it is a new area and he has lived there less than a year. Others have been there less time than that, Mr. Thompson retired from up north and moved to Florida, looking for his ideal retirement home, and settled on Ridgewood Estates. However, before they settled on the lot, when he looked behind his home and saw first the hospital and then a large vacant lot, the first thing he did was check with his builder and others to be sure what was to happen to that piece of land. Mr. Thompson was assured that it was zoned residential, that the Zoning Board had relatively recently gone over all this property and rezoned where it was necessary, and set up a zoning plan. Mr. Thompson was told it was zoned residential and certainly, it would stay residential.. On that basis, they bought their home. - 10 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Thompson told Members of the Board that if they should rezone this, it would be a very bad violation of faith for people such as him. He also pointed out that if the City made a zoning change here, where would it end? That was what bothered Mr. Thompson. Mr. Zive was very much in favor of what Mr. Thompson had to say. He referred to Broward General Medical Center in Fort Lauderdale, and said they built a parking lot 1./4 a mile away for the employees to park their cars~ He thought it was a Similar distance of the two parking areas that are ready. Also, Mr. Zive did not think the hospital was sincere about doing anything about parking. Mr. Zive was very much in favor of the people. There was very loud applause. Cecil R. Fultz, 147 S. W. 24th Avenue, Boynton Beach, has resided about ten years at this address with his wife. He pointed out his lot, and informed Members of the Board that his parents lived in Boynton Beach before he did; ~hey are from West Palm Beach. Mr. Fultz is a native of Florida, having been born in West Palm Beach. The reason Mr. Fulz lives here is because he likes the Boynton area very much. He stated he has been commuting to Stuart for the last five years. He works with the First National Bank in Stuart, Florida. Mr. Fultz stated he loves living in Boynton and that is why he was before the Board; he wants to keep what he has and does not want to see it put up for a public use for the purpose of parking. Mr. Fultz did not think the hospital or Mr. Hill really approached the subject of parking. Mr. Fultz recalled that Mr. Hill said they had a problem, and they had automobiles out there; but to Mr. Fultz, Mr. Hill had one solution - to take over land. Mr. Fultz thought there were other ways of solving parking problems. He thought the biggest problem they had over there was between shifts. At 2:30, they have two shifts coming in at one time. Mr. Fultz could see alternating some of the people coming in at different times - different shifts coming in at different times. Mr. Fultz stated that they might say it can't be done. He was sure anything could be done if they tried to do it. Mr. Fultz works with a large bank and people say they can't do things, but Mr. Fultz said his bank manages to do them for other people in the community. They work for the community. He felt the hospital should be working for the community too, and could not see where they are. All Mr. Fultz could see was today, the hospital is saying, "Well, if~you do this,' we'll OK the'other part." In other words, "Give us what we want, and we won't do any more with this." Essentially, Mr. Fultz said that was what Mr. Hill was here for tonight. Mr. Fultz alluded ~6 big 'companies that have parking places where they transport their people to the locations and other major hospitals who do the same thing. Mr. Fultz did not know who Mr. Hill has working for him, but said - 11 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 if he would like somebody on the staff, he might come over and help him out, because to Mr. Fultz, what Mr. Hill presented tonight was no good at all as far as he (Mr. Fultz} was concerned. Talking about the rezoning of this, Mr. Fultz called' attention to the fact that they still have the safety factor, the lighting factor, and a lot of reasons why they do not want it rezoned. Personally, Mr. Fultz did not trust the hospital. He had nothing against the hospital, as he had a baby born there. Mr. Fultz felt this was an act that he did not think was appropriate to come before the Board. He thought it should have been stopped before it came before the Board. Mr. Fultz did not appreciate the fact of what the hospital was trying to do. Mr. Fultz said he could say a lot more but he would wait until the City Council meeting and would be glad to come up at that time again. Mr. Fultz had a whole group with him and asked everybody to stand up. He informed the Members of the Board they were all from his area, and there are a lot of people on vacation, who did not show up. Mr. Fultz made phone calls to them, and they said they were against it. Chairman Ryder thought Mr. Ful%z and his group would make the City Council happy if they would show up in these numbers at their meetings. Mr, Fultz promised to be here and said they would probably have some more. Chair- man Ryder thought they would find it very informative. Going back, Mr. Fultz remarked that he hears Mr. Hill over and over saying, "Cars, cars, cars." Mr. Fultz has been over there during the summer months and did not think they had a problem. He said he has been over there several times, and there were plenty of spaces. Mr. Fultz said his employees at the bank do the same thing as the ones at the hospital. They~like to gather around the door. Mr. Fultz said the hospital's employees are parking al~ along the side of the vacant lot. He showed the lot on the plan and said, "You have these lots right here that are supposed to be chained in! Isn't that right, Mr. Hill? Is that correct." Mr. Hill replied, "No." Mr. Fultz retorted, "You can use this for parking?" Mr. Hill answered, "I didn't say that. You asked me if they're supposed to be chained in." Mr. Fultz thought they were requested to have it chained in. Mr. Hill said that was correct. Mr. Fultz noted that the hospital's people are still parking in there. Mr. Hill stated that it might be so. Mr. Fultz emphasized that it was so. Chairman Ryder confirmed that they were as of yesterday. Mr. Fultz stated that Mr. Hill, as an Administrator, could do something about it. Mr. Hill replied that he could request them not to park there but he could not go out there with a gun and force them not to park there. With the bank, if their people park where they tell them not to, Mr. Fultz said the bank tells them to leave. He said Mr. Hill could do the same thing, as he has the authority. There was very loud applause. - 12 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Chairman Ryder read a petition, as follows: "We, the undersigned property owners of Westchester Heights and Ridgewood Estates, are opposed to the rezoning of Lots ~5 thru #12, ~20 and ~21 of Benson Heights from residential R1AA to PU for the purpose of additional parking for Bethesda ~Memorial Hospital, Boynton Beach, Florida." Chairman Ryder informed everyone that there were 52 signatures. He also. read the following letter, dated June 27, 1982, from Richard and Noreen Engelland, 141 S. W. 25th Avenue, Boynton Beach, Florida: "Because of our vacation, we will be away at the time of your meeting.. This letter is to infonm you that, as residents approximately 150 feet away from the Bethesda Hospital requested parking lot, we are strongly opposed to this rezoning request. The noise, crime and traffic this parking lot would create would be a direct threat to my children which are both confined to wheel- chairs. The parking problem at Bethesda Hospital could be solved by a parking lot to the south of the hospital as there is a large tract of vacant land. We went through one rezoning request by the hospital which was denied. This attempt is, in my opinion, to put pressure on the city of Boynton Beach to settle the law- suit the hospital has filed against the city in their first request. We ask you please to preserve our residential neighborhood and deny this spot~rezoning~ request." There was more applause. THE PUBLIC HEARING WAS CLOSED.. Mr. Zive moved to 'deny the request of Southeastern Palm Beach County Hospital Dis-~ict for a Land Use Amendment from 'Moderate'~ Density Residential to Public~and-Private.'~Institutional, Governmental, and Rezoning from R-i-AA (Single Family Residential) to-PU (~Public~'Usage),'~loCat~d at-~Mango C0urt¥~f0~--a'~h~s~tat Parkin~ lot. The motion to deny was seconded by Mr. Hester, and the ~motion. was unanimously ~arried.to ~deny 5-0. Chairman Ryder recognized the presence of Councilman Samuel Lamar Wright in the audience. PUBLIC HEARING Proposed Ordinance 82-16 concerning modifying~ permitted uses in t'he M-1 zone - 13 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Chairman Ryder announced that this was another matter subject to a public hearing. He explained that M-1 was an industrial zone, and that this was brought to the attention by Councilman Joe deLong. As a result, City Planner Carmen Annunziato prepared the upcoming ordinance, and Chairman Ryder said the attempt was to annihilate the nuisances that were created to residential areas adjacent to M-1 areas where certain uses prevail such as lumber yards, mitlwork, boarding kennels, feed and grain manufacture, tires, etc. Tim Cannon, Assistant City Planner, informed Members of the Board that the Planning Department visited some of the uses referred to in the proposed ordinance. He said they visited the uses where they already exist in Palm Beach County and,. based on their observation and conversation with nearby property owners, they formulated some recommendations as to whether these uses should be -allowed to continue in the City. Mr. Cannon said the Planning and Zoning Board had received a copy of their findings and also their recommendations, which he would summarize. He informed Members of the Board that they also received a set of detailed zoning maps showing where the M-1 districts presently exist in the City and the type of zoning district that surrounds an M-1 district. Mr. Cannon showed a zoning map of the City of Boynton Beach. He said the M-1 districts were shown in red. Mr. Cannon informed Members of the Board that most of the M-1 areas in the City lie immediately west and adjacent to Interstate 95, and there are also two small M-1 districts on the west side of the railroad track in the older part of the City. Going through the Planning Department's Findings and Recommenda- tions, first of all, Mr. Cannon visited two boarding kennels in Palm Beach County. He advised that presently there are no board- ing kennels in the City limits. However, there is one in the Reserve Annexation Area, west of Military Trail. Mr. Cannon stated that mOst of the boarding kennels in Palm Beach County are in rural or semimrural areas. None of the homeowners that Mr. Cannon talked to (and he talked to about a half a dozen) had any complaints about kennels. Most of them lived at least 300 feet away, and Mr. Cannon found it really was not preceptible past 500 feet. Considerihg that this type of use seems to be located mainly in rural areas and that this is the preferred location by the oper- ators of this type of use, Mr. Cannon said the Planning Department did not see any harm in banning boarding kennels from the City. He said there would be an alternative of requiring a minimum distance of 500 feet between this use and any residential zoned property~ Seeing that the use is not very important to the City, Mr. Cannon advised that they did not see any problem with banning it from the M-1 District. - 14 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 As to feed and grain manufacture and processing, Mr. Cannon was un- able to locate any use Of this type either in Palm Beach County or Broward County. Apparently, this was an important industry at one time in this area. Mr. Cannon noted that there are still feed and grain stores but he was unable to find any operation of this type in the eastern or urbanized part of Palm Beach County. Considering that this does not seem to be a-desirable location for this type of industry, Mr. Cannon t01d the Board the Planning Department did not see any harm in banning the industry from the City. Coming down t6 Millwork and Lumber Yards, Mr. Cannon said they had a more detailed discussion about millwork and lumber yards since these are important industries to the local economy. Presently, Mr. Cannon said there is only one millwork operation in the City of Boynton Beach, and that is Gulf Stream Lumber. Gulf Stream Lumber is a pretty typical millwork operation, Mr. Cannon told Members of the Board, as they fabricate roof trusses, pre-hung doors and windows; they cut reinforcement rods and other metal products for the building trade, and also do lumber cutting to sell, and also sell hardware. Operations of this type are generally large, Mr. Cannon continued, and they occupy several acres. Usually, they have a large storage area for wood, have a lot of truck traffic, and tend to be unsightly. In his survey of homeowners, adjacent to Gulfst'ream Lumber or any of the Other millwork operations he visited in Palm Beach County, only one homeowner had a complaint about millwork operations. Mr. Cannon talked to about eighteen homeowners adjacent to this type of usage. Mr. Cannon's conclusion was that since these operations tend to close at 5:00, they do not bother anybody. Mr. Cannon talked to a couple of the operators, and they said there have been times they do put on a second shift. Mr. Cannon said it probably would not bother the people if they were not located right next to a millwork operation. As far as lumber yards go, Mr. Cannon inf0.rmed Members of the Board that there are~threeoperations presently located in the City which are classified as lumber yards. Those are Gulf Stream Lumber, %indsley .Lumber, and Boynton Builders Supply. Mr. Cannon told the Members of the Board that lumber yards and lumber stores generally do not do any fabrication on the premises; however, almost all lumber stores do some lumber cutting for their customers, so there is some noise from the saws during these hours of operation. Mr. Cannon stated that the Planning Department's recommendations with regard to the usage were as follows: He pointed out that it is importan~ to distinguishi.~between a lumber yard and a millwork operation. As far as millwork operations go, the Planning Department thinks that millwork operations should be allowed to continue in the M-1 District. However, they believe that a minimum distance of 500 feet should be required between the property line, the millwOrk operation, and the property line of any residential zoned property. - 15 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Cannon pointed out that this requirement would not affect any existing businesses in the City. He noted that Gulf Stream Lumber's fabrication and truss manufacturing operations are a non- conforming use in a Commercial District, so they are already non- conforming, and the 500 foot requirement would not be relevant. Chairman Ryder asked MH. Cannon if he said~the existing millwork operation in the northern section of the M'i District was at least 500 feet away from a residential area. Chairman Ryder referred to the one in Laurel Hill. s and asked if he had made a mistake, as he thought Mr. Cannon said there was nothing closer than 500 feet. Mr. Cannon was not aware that that kind of use existed there. He looked in the phone book under "Trusses, Mill- work and Roof Structures". Mr. Cannon thought it must be a very new operation. Chairman Ryder remarked that they could get the information later on. Mr. Cannon informed the Members of the Board that the Planning Department did not see any need for distance requirements for lumber yards. He stated that lUmber yards tend to be more innocuous than millwork operations. You don't have any metal cutting saws but do have the sound of power saws but, generally, that shuts down at 5:00 o'clock, Mr. Cannon continued. He did not feel that the level of noise created by lumber yards warranted any distance requirement. Mr. Cannon stated that they have included definitions which are recommended for inclusion in the "Definition" section of the Zoning Ordinance. He said they were on the page following the Recommendations. Mr. Cannon said the definitions distinguish between lumber stores, lumber yards, millwork, and, to avoid any confusion, there is an existing category in the Zoning Ordinance for furniture manufacturing which was not addressed by the ordinance. Mr. Cannon further informed Members of the Board that they also created a definition for furnitUre manufacturing so that there would not be any confusion between that category and the-~illwork category. The last zoning category affected is tire recapping, and Mr. Cannon advised that presently, there is only onerecapping-b~siness~ the City, which is located on West Industrial Avenue. He showed where Laurel Hills Subdivision is located. Mr. Cannon talked to several property owners whose houses are about 400 feet west of the operation and did not receive any actual complaints from the residents. Most of the residents reported thatthey could smell the rubber but they did not consider it unbearable. That is, they did not consider it a nuisance. Generally, Mr. Cannon said, this is not a Very common use. There is only one use of this sort in a city the size of Boynton Beach and probably only about half a dozen tire recapping places in the whole County, so Mr. Cannon advised that the Planning Depart- ment really did not see any problem with banning this type of use entirely from the City. It would leave only one non-conforming use. which is the existing recapping place on West Industrial Avenue. - 16 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Cannon continued by saying that there are ample places, if somebody wanted to operate this type of business. Mr. Annunziato wished to reiterate, for the Board, what the recommendations are and particularly discuss the difference in scope between millwork and lumber yards because he thought it was a very important concept. Mr. Annunziato said their recommenda- tions for boarding kennels, tire recapping, and feed and grain manufacture and processing are that they can be removed from the District. He did not think these are important or are going to be important to Boynton Beach as the City grows and develops into a more mature City. From the kinds of industries that Boynton Beach is drawing, Mr. Annunziato said it appears that the City's program is changing significantly from that kind of use to one which is more technical or scientific. Mr. Annunziato thought Mr. Cannon had tried to point out the difference between millwork and lumber yards. Since the report, Mr. Annunziato felt it was important to do as they always m~st.dO and define what the items are so that they can be classified and properly oriented. Mr. Annunziato stated that they wanted to remove furniture manufacturing from confusion and they used as a source for the definitions information which appears in~e Standard Industrial Classification Manual that is published by the Federal Government. Mr. Annunziato read the definitiOns as follows: "Furniture Manufacturing: Manufacturing of furniture, cabinets, ~ooden vanities, and custom production of household goods and ornaments from wood; also, furniture repair, refinishing, and reupholstering." Mr. Annunziato, City Planner, said this was the difference between a millworking and lumber yard operation and the Lindsley Lumber and Boynton Lumber type of operation where you can go and buy finished products. He read .the following definition:~ "LUmber Stores and Lumber 'yards: Sale of lumber and other building materials, including cutting of finished lumber products to length or size for sale on premises." Obviously, Mr. Annunziato pointed out, the orientation is more retail. Concerning millworking, he read the following: "Millwork: P~nufacturing of lumber, and wood ..patterns, stock, -and workings, including but not limited to manufacturing of wooden flooring, shingles, doors, windows, frames, trusses, stairs, and other fabricated structures, veneer, plywood, and particleboard, shutters, awnings, blinds, trim, moldings, fencing, railings, wood pallets and containers, wood. buildings, and turned or shaped wood products." Mr. Annunziato told Members of the Board that the Planning - 17 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Department felt it Was~impor%ant to define what it is they recommended with respect to distance requirements. On their recommendation, Mr. Annunziato advised that they.had said that owing to the kinds of noise that result from millworking, even though these are important uses to the City, they are more appropriately located in the M-1 Districts which are more dis- associated from Residential Districts than others which are more closely located. Therefore, Mr. Annunziato, City Planner, told the Board that they were asking that, as a part of this, there be a 500 foot minimum distance property line to property line from millworking operations to residential. Concerning lumber yards, lumber stores and lumber yards are based on the information they are able to ~come up with. They do not appear to be a great nuisance, so Mr. Annunziato advised that the Planning Department was recommending they be located without the distance requirement. On the Laurel Hills area, Chairman Ryder asked if there was any- thing within 500 feet at the present time that is a millwork operation. ArnotdThampson answered, '~No." Chairman Ryder added, "Not~presen~ly." ~ He asked if~this would-preclude any future development of that kind. Chairman Ryder was referring to the ordinance and getting closer than 500 feet. Arnold Thompson, 1307 N. W. 8th Court, Boynton Beach, came before the Board and stated that ~while Laurel Hills and Industrial Park, to the east, is unique in the City of Boynton, the Industrial Park was there in the City for many, many years and {he northern end of it was never developed or intended to be developed until just recently. It was only at this time that they understood there was a possibility that a firm which planned on manufacturing trusses planned on locating at the extreme northend of this, against the Boynton Canal, Mr. Thompson informed the Board Members. He said there are homes that would be adjacent to it on the west side of the Industrial Park. As shown on the map, Mr. Thompson pointed out that there are many other industrial parks in the City of Boynton Beach that have the land mass and the down- grading in zoning,~ generally known as your commercial and multim family down to-single family residentialr single family areas. Mr. Thompson continued by saying that Laurel Hills iS an established single family area, ~having this' Indus~ial~Pa~k~ ~ adjacent~t6 i%-and~.~e~r developed.~ ~. Thomps~n~stated that it just evolved to this point~ Mr. Thompson realized when he bought and built in this area that there was an indus%rial park to the east of them. They thought at the time it would be something they could live with. For the most part, what is there, they have no problem with now that Rinker is gone, etc. Mr. Thompson informed Members Of the Board they have no problem with the majority of those that are there. However, recapping was the only one the~eatpresent that might possibly create a problem if it was expanded. At i~s present size, Mr. Thompson has not heard any neighbors complain about it. - 18 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Thompson stated that if they were to build a truss manufactur- ing plant there,"which would encompass a five acre tract to the north, adjacent to the Boynton Canal (the nature of this type of plant being in the open space because they generally build.just a roof to cover it or a shed type thing), and as there is no buffer wall or whatever the case might be against the residential area, what his group intended by this, in~this one instance in this industrial park, was to remove this type of situation. Mr. Thompson assured Members of the Board that they were not banning it from the City of Boynton Beach. As the growth in Boynton is going to be to the north and to the west, Mr. Thompson suggested that it~ would probably be better served in the northern industrial park and .later on, when the western area develops, hopefully, that road will be extended on through, and there will be other avenues to serve the western area that will be developed in the future. Mr. Thompson did not feel that they were putting a hardship on anyone, especially since it has not been built previously, and at this point it is not under construction. He understood that no permit has been pulled, so he did not feel they were putting a hardship on anyone. Chairman Ryder asked if there was anyone else who~wished to speak in favor of this proposed ordinance. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the proposed ordinance. Thomas A. Sheehan, III, Esq., Moyle, Jones & Flanigan, 707 North Flagler Drive, West Palm Beach, Florida, Attorney for Material Fabricators, owner and.'.developer of the Boynton Industrial Park that Mr. Arnold Thompson spoke of, appeared tooppose that portion of this proposed ordinance dealing with millwork and lumber yards. Chairman Ryder asked Attorney Sheehan if he had seen a copy of the proposed ordinance. Attorney Sheehan had seen an early draft of the ordinance but not the final report. He had discussed with City Planner Carmen Annunziato and was aware of the proposal that was presented here tonight. To give a little background, Attorney Sheehan said it was clear, as Arnold Thompson indicate~ that the industrial park has been there and has been zoned for that use for some time. His client was aware of that, and Attorney Sheehan talked to his client this week. He informed Members of the Board that his client is in Philadelphia at the present time. Attorney Sheehan had talked about this to City officials. Attorney Sheehan told Members of the Board that the land was purchased, at least for that northern part of the industrial park, specifiCally for the purpose of build- ing a truss plant. Chairman Ryder asked, "A truss plant?" Attorney Sheehan stated that was right. He showed Chairman Ryder where it was located on the map, and said it was at the northern- most area. Attorney Sheehan advised that it was one plot of about 14 or 15 parcels in the industrial park. Based on the understanding that the type of truss plant that he wanted to build could be built under the zoning requirements, - 19 - MINUTES - PLANNING AND ZONINGBOARD JULY 13, 1982 Attorney Sheehan said they went ahead and purchased the land. He said they have gone to the County and obtained an inducement resolution for industrial revenue bonds to finance a truss-plant. At the present time it has not been built, primarily because of economic conditions. It simply, at this point,'doesn't.~make sense with the building the way it is down here to put in a truss plant,-Attorney Sheehan continued. He said they had, however, gone ahead with preliminary development. They platted the property and are in the process of putting the finishing touches that should be complete, hopefully this week, which Attorney Sheehan believed is a six foot cement wall on the western boundary of their property that was required as a buffer to protect the residential property to the west of the industrial park. Attorney Sheehan thought it was very clear that the purpose of this ordinance is to make sure they are not able to build a truss plant. He stated that it was unfairly signaling out his client, who relied on the zoning and certainly is going to be harmed if this goes through. Chairman Ryder asked if he was over to the westerly limit of the M-1 zoning. He wanted to pin it down, s~nce they have the sheets there, with regard to proximity to a~residential zoned area. City Planner Carmen Annunziato commented that this did not singularly apply to Attorney Sheehan's client's property, and it did not single out his client's property for any special treatment other than any other M-1 district in the City of Boynton Beach. Attorney Sheehan disagreed with that on its face. He pointed out that the result is to affect his client. From the indications they have had here, Attorney Sheehan said that was the purpose of it. Mr. Linkous asked if the property was contiguous to the canal. Attorney Sheehan replied that it was. Chairman Ryder was informed they were looking at Sheet 5. Mr. Annunziato explained that the subdivision did not show on the page that was provided for Members of the Board, but it would be approximately from where 1-95 bends in. He showed the location on the map and said Attorney Sheehan's client owns that rectangle of land bordered on the-right by the dashed line, the remainder being the railroad's property, as Mr. Annunziato recalled. Mr. Annunziato said there was a rectangle there extending westward. He in.formed the Board of the boundaries. Attorney Sheehan advised that the specific lot that is planned for the truss plant is the northernmost parcel of the park, which is directly contigous to the canal there and is bordered on the one side by the railroad property. Chairman Ryder asked where it was intended to be located. Attorney Sheehan did not know. Mr. Linkous remarked that it seemed to be 800 feet and questioned if they could not do it within the 500 foot limitation. - 20 - MINUTES - PLANNING AND ZONING BOARD JULY 13r 1982 As Attorney Sheehan understood, the proposed ordinance is 500 feet between property lines, and the westerly most property line is on the eastern most property line of.the-subdivision,~hich was theproblem. As indicated, Attorney Sheehan said they have put up the concrete ~ence that was required specifically for the purpose of buffering this residential property. Mr. Linkous asked Attorney Sheehan when they bought the property. Attorney Sheehan answered, "'~9 ~or ,80." Mr. Linkous askedr "With that specifically in mind?" Attorney Sheehan replied that was correct, and the dates for the County Resolution was November, 1980. Part of the problem was that if they had known ahead of time, this simply would not be acceptable, Attorney Sheehan said they could have done something - perhaps obtained other property° They have now gone fo~ard and bought the property and have pretty much done the Preliminary development wo'rk. Attorney Sheehan repeated that they had it'platted and put in the improve- ments and were very close to turning over the street near the northernmost extension of Industrial Avenue to'the City, and now somebody comes in and says, "Hey, we really don't want this." Attorney Sheehan thought they were kind in the positiOn of the- residents who were in here earlier opposing the hospital, and they bought their property in reliance of the fact that it was going to stay that way. His client has done the same thing, bought property with the understanding that he could put it up. Mr. Linkous asked how many they would employ. Attorney Sheehan said Mark Arovitch, the local Project Manager, was present. Mr. Arovitch answered that he thought it would be about 15 or 20 people. Chairman Ryder questioned whether the type of construction was generally just a shed to protect people from the elements, and asked if it was not right that it would just be-an open shed. Mark Arovitch, Project Manager for the Developer, 2100 N. E. 44th Street, Lighthouse Point, Florida 33064, told Members of the Board that the plans the developer planned to build for the truss plant was a four wall CBS concrete building with a roof - no shed type building. Mr. Arovitch stated that the developer used the same plan for all of his buildings that he has throughout the country. Mr. Arovitch has been in three of ~them and even took the plans to a local architect here to get them set up for site approval here, and they are at that stage. Mr. Arovitch informed the Members that the plans have not been presented. Mr. Annunziato thought the discussion was becoming site specific, whereas, the proposal is citywide. He advised that the impact of the proposal cannot only clearly be applied and discussed in relationship to one parcel, there may be thirty or forty parcels of land similarly situated which'are also negatively impacted which deserve or do not deserve as much discussion as this one. - 21 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Chairman Ryder suggested that maybe recognition should be given in that area. Normally, he commented, these operations are an open shed and, of course, with the saws going and the noise, Chairman Ryder felt the question was if it would make a difference if it was in a closed building. He asked if an exception could be made in that case. Mr. Annunziato knew that Assistant City Planner Tim Cannon had been in many of these~operations and asked if any of them were closed buildings. Mr. Cannon replied that it varied from one site to another. He informed Members of the Board that about half of the buildings were open with semi-open sheds, that is, with one wall mainly, and about half of the buildings were enclosed metal type sheds. Mr. Annunziatio asked if there was a significant difference in the noise level that he could deficit. Mr. Cannon answered that you can hear the saws in many operations, even if it is an e~c!ose~-bu±lding. Mr. Cannon said if you go down to Boynton Building Supply whS.n they are cutting lumber down there, you can hear the noise, even though that is an entirely enclosed building. He added that if there are saws and pneumatic tools, you can hear it. Attorney Sheehan pointed out that it did not appear from the report that they heard tonight that there is a significant problem if only one out of eighteen homeowners interviewed that are adjacent to these types of operations really has a problem. It did not seem sufficient to impose ~'this kind of hardship on his client and possibly on others, Attorney Sheehan told Members of the Board. He also was not quite sure why this type of operation is any more detrimental to residential areas than a plant that manufactures boats or that has furniture manufacturing.' Again, Attorney Sheehan thought they would involve some type of noise. Even the lumberyards that would be permitted immediately adjacent certainly have saw operations, Attorney Sheehan pointed out, and he thought that was the primary noise they would hear from a truss plant. He really did not see why this use was singled out particularly when there did not appear to be a problem. In view of that and in view of the hardship on his client, Attorney Sheehan asked Members of the Board to reject the recommendation with respect to millwork. Chairman Ryder advised that in this case you are going from an M-1 to R-1A-, which was quite a contrast. In the absence of any transition, going ~ another step inbetween, before you get to that, Chairman Ryder thought it was important to consider ways in which to possibly eliminate nuisances whether ~he adjacent areas are now occupied or not. Eventually, they probably will be. Chairman Ryder thought it was important in this one particular instance. He gave an example of M-1 in R-3 and pointed out that in this case, there really was no transition at all. Chairman Ryder~thought it would be cause for concern if it was not for that. Attorney Sheehan understood i~ was"a cause of concern. He thought it was a practical matter that the report they had from the City - 22 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Planner did not indicate that there was a real problem. He thought, also, that the fact that this has been that way and was set up this way when his client bOught the property meant that it was not really his client's responsibility to have transition zoning. Attorney Sheehan said that was the way his client found the property. He was told that he could indeed go ahead and build a truss plant and now, at the last minute, the rules appear to be changed. It just did not seem fair to kttorney Sheehan. If this was something new coming in, Attorney Sheehan could understand the concern. They ~ did-sa~ that.they knew it was an industrial park, Attorney Sheehan pointed out. He said if you 10ok at the classification uses, you could certainly see what could be in there. In spite of that, Attorney Sheehan commented that they bought their homes and now, when his client is ready to go forward, at the last minute,~they say, ,No." It just did not seem right to Attorney Sheehan. Chairman Ryder asked if anybody else wished to appear in opposition to the proposed'ordinanceo Arnold Thompson had one other comment regarding this. On the initial ordinance that was conSidered by the Planning and Zoning Board during the time the Comprehensive Land Use Plan was put into'effect into the City, Mr. Thompson believed that the wording on that was strictly woodworking, and it was not outlined as to the specifics of woodworking. While it is true that a truss plant is a woodworking facility, Mr. Thompson said there are others that would not be detrimental to a great degree, as was pointed out earlier, to this situation. Mr. Thompson stated there were a few that woUld be acceptable, but when you get into this type of woodworking, it is not that the people in that area we~ not aware of the fact that woodworking facilities could be placed in there, but it was When the truss building facility was being considered. Mr. Thompson advised that this was one of the main reasons they brought it up. He thought Members of the Board should consider not this one site in particular but throughout the City. There was one other thing that did affec~ the site and perhaps would affect other sites in the City. Chairman Thompson informed Members of the Board that was the traffic impact. This, being an old industrial park, has a very narrow access onto N. W. 2nd and comes right at the base of the western ramp to 1-95, and about 300 or 400 feet to the west~is the main access out of the residential area, Mr. Thompson continued. He said they also had to keep in ~mind large trucks entering the highway, which do now, but now you are going to add a significant number of large trucks. Again, Mr. Thompson thought this should be considered for the rest of the City and not just this plat. John Mather, 1324 N. W. 7th Street, Boynton Beach, said it would be going up in his backyard. Mr. Mather worked for a truss - 23 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 outfit for 3-1/2 years and when the wind is blowing just right~ you can hear the pounding of those nails in for threemiles away from the plant. Mr. Mather said they had three tractor trailers, three or four small truckS,- and now they have five ~r six tractor trailers° Mr. Mather predicted it would be noisy. He .said theY went in on double shifts. Mr. Mather just felt if those people get in there, once they get in there, they won't be able to drive them off'because they will be in. ~Chairman Ryder asked Mr. Mather his address again and asked what Avenue he was near. Mr. Mather answered "13th Avenue." Mr. Annunziato advised that he was almost at the northern end. Chair- man Ryder asked Mr. Mather if he was near the canal. Mr. Mather advised that he was the third house from the canal, on the east side of the road. Chairman Ryder noted that Mr. Mather backs up on this area. Fredric Fitzsimmons, 1318 N. W. 7th Street, Boynton Beach, lives right next door to John Mather. He wished to correct one thing Attorney Sheehan had to say. Mr. Fitzsimmons has been in his house for about 1-t/2 years. As soon as they found out they were putting a truss plant back there and they sold the land, Mr. Fitzsimmons said they did start acting on it. It just was not something that just came up, Mr. Fitzsimmons pointed out. He said it would be a nuisance back there. It seemed to Mr. Fitzsimmons that Attorney Sheehan was trying to say they had not been following up and paying attention to it but now, when~they are ready to go ahead and build, the residents are starting to squeal at the last minute. It seemed to Mro Fitzsimmons it was kind of hush hush. No one would give them any answer as to what was going on back there, and then they found out. In fact, Mr. Fitzsimmons asked the builder - the developer back there one day (he was back there working), and he said he did not know what was going on back there. Mr. Fitzsimmons did not know if that was to push him off but stated that they found out, and have been down here. Mr. Fitzsimmons sometimes works long hours and cannot make some meetings, but he hoped the ordinance did not go through. Mr. Linkous asked Mr. Fitzsimmons if he came to City Hall to determine what could or~ could not be used in M-1 zoning at the time he bought his 'house. Mr. Fitzsimmons did not, but he asked neighbors ar~ound the area. They told him that Rinker tried to get in there, and there was no problem because they would not allow that. Other than that, Mr. Fitzsim~ons did not come to City Hall. It was his first house, and Mr. Fitzsimmons really did not know about that. There were nice woods back there. The other end of the industrial park was no bother to him. Mr. Linkous determined that Mr. Fitzsimmons realized it was M-1 zoning but not specifically what M-1 zoning is. Mr. Mather said that was exactly right. He figured it had to deal with what was already there, and there is no manufacturing to speak of there. Mr. Mather said it was all like mini-storage that they made garages out of. - 24 - JULY 13, 1982 MINUTES - PLANNING AND ZONING BOARD THE PUBLIC HEARING WAS CLOSED. Mr. Linkous recalled that situations have come up like this on at least two occasions since he has been on the Board, He was in sympathy with the people, but he was also in sympathy with the developer. Mr. Linkous thought Members of the Board had a responsibility to both parties. He could not in good conscience vote for the ordinance in that the land was bought for a specific use. The use was set forth as to what they cOuld use it for, and now the developer is being deprived of that. As he said, Mr. Linkous called attention to the fact that it has come ~up on at least two occasions before. Mr. Hester asked if the buffer zone would satisfy the original zoning. Chairman Ryder'noted that they were faced with what the present zoning is and, as'Carmen Annunziato, City Planner, mentioned, they had to look at it from the overall picture. In some instances, like what they heard, there apparently is a problem, although it is not a problem presently, Chairman Ryder commented. He said it very well could be a problem. In Chairman Ryder's view, something like this would be helpful, particularly where they don~t have the proper transition, and look- ing at it from the standpoint of what they are trying to do on a Citywide basis. Mr. Hester~understood it was hslPful!.too~ He was all for it, but he noted that the people Purchased it with proper zoning in that area. Mr. Hes%er was for the new thing. He de~ermined..the property was purchased in i980,~and this came up since then, after it was found out that certain things were going into that area. Mr. Hester just could not see depriving them. Those people purchased the property with that'in mind - to build that particular facility and then, now, it is going to change. Mr. Hester was for changes as he thinks we need some but, as far as he was concerned, this is after the fact. That was the way Mr. Hester felt. That was the way Mr. Linkous felt too. Chairman Ryder said they were saying that they do not~favorcthis step and correcting possible objections that might come up in the future. In view of the discussions they just had and his comments, Mr. Linkous moved to deny Rroposed Ordinance 82-16 concerning modify- ing permitted use~ in the M-1 zone. The motion was seconded by Mr. Hester. At the request of Chairman Ryder, Mrs. Ramseyer~ Recording Secretary, took a roll call vote on the motion, as follows: Mr. Linkous .... Aye (Chairman Ryder pointed out that a vote of "Aye" meant Members were voting to deny the proposed Ordinance.) Chairman Ryder - No Mr. Zive - Aye Mr. Hester - Aye Vice Chairman Winter - Aye - 25 - MINUTES - PLANNING AND ZONING BOARD July 13, 1982 The motion to deny carried 4-1, with Chairman Ryder dissenting. Chairman Ryder said the recommendation to Ge City Council would be to not approve the ordinance. SUBDIVISIONS Preliminary Plat Project Name: Agent: Owner: Location: Description: Sky Lake Plat II Rossi & Malavasi, Engineers Inc. Hylib, Inc. Old Boynton Road @ E-4 Canal, N. E. Corner Phase II of Single Family Subdivision consisting of 82 family lots Mr. Cannon, Assistant City Planner, put on the overlay for every- one to see, but the light went out. Mr. Carmen Annunziato said this was Plat II of Sky Lake, and it encompasses approximately one-half of the proposed Sky Lake Sub- division. Sky Lake Plat I, for those who were not familiar, with the location, is located north of Old Boynton Road between the E-4 Canal and Laurel Hills, south of the Boynton Canal, Mr. Annunziato continued. He said Plat I consists of approximately fifty lots plus a recreation area. The fifty lots are now in and improved, although there are no houses buil~. Sewer, water and roads are in. Mr. Annunziato informed Chairman Ryder that it was adjacent to Old Boynton Road. Mr. Annunziato further stated that the applicant now is request- ing to go forward with Plat II. Mr. Cannon showed the overlay. Mr. Annunziato said the applicant was wishing preliminary plat for this phase. His next step will be to apply, if this step is recommended for approval and Council approves it, to the Council for an excavation and fill permit to excavate the lake, continue excavation of the lake, and bring the land up to grade, as well as any demucking which may remain. Mr. Annunziato told Members o'f the Board that it came to the Planning. and Zoning Board with .a positive recommendation from the Technical Review Board with the following comments: Utility Dept.: "Subject to correction of Detail Sheet to City standard. Also, Mr. Annunziato said the bond estimate was $624,244, which Tom Clark, City Engineer recommended as being sufficient to cover the cost of the public and other required improvements. The second aspect of preliminary plat approval is that the Board is required to recommend to the City Council an appropriate land value per acre for Recreation and Parks dedication purposes in cases in which the applicant is giving to the City money for - 26 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 the Recreation and Parks Trust Fund as opposed to dedicating land for public purposes. The applicant submitted to the City an appraisal report prepared by William Branch, wh~m the City has found acceptable in the past. Mr. Annunziato skid when you take what he says is current market per acre value less approximately $1,000 per lot to demuck and fill, what all of that means in terms of dollars per acre, based on Mr. Annunziato's calculations of $22,252.93 value-dollars per acre. Mr. Annunziato recommended that the Board accept that as the land value for Recreation and Parks dedication purposes and in connection with the recommenda- tion of the approval of the preliminary plat, include that number. Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers, Inc., Forum III - Suite 407, 1675 Palm Beach Lakes Boulevard, west Palm Beach, Florida 33401, Engineer on the project, said that basically, the plat that has been submitted as Plat II followed the original approved master plan that goes back some three or four years ago. What they are doing is actually a phase develop- ment of that originally approved master plan. Chairman Ryder asked Mr. Rossi if h~ had any comments about the staff requirements. Mr. Rossi made note that there were some co~nts from the Technical Review Board regarding certain details on water and sewer. Subsequent to those comments, the changes have been made and resubmitted to the Utility Department, Mr. Rossi informed the Members of the Board. Mr. Annunziato thought the application was "pretty straightforward." Mr. Linkous moved that the preliminary plat of Sky Lake Plat II be approved, subject to staff comments, and that the land value for Recreation and Parks dedication be placed at $22,252.93 per acre. Mr. Zive seconded the motion, and the motion carried 5-0. Site Plan Project Name: Agent: Owner: Location: Description: Bethesda Memorial Hospital - Project 13 Remodeling of 13 Ancillary Departments Southeastern Palm Beach County Hospital District, d/b/a Bethesda Memorial Hospital Southeastern Palm Beach County Hospital District,. d/b/a Bethesda Memorial Hospital 2815 So. Seacrest Blvd., Boynton Beach, Fl. Remodeling of 13 Ancillary Departments of Bethesda Memorial Hospital & Parking Lot Modification Tim Cannon, Assistant City Planner, said the site plan comes to the Planning and Zoning Board with the positive recommendation from the Technical Review Board, subject to staff comments. He said it was a site plan for the addition of approximately 11,000 square feet floor area to Bethesda Memorial Hospital and the remodeling and finishing of the existing floor area. Mr. - 27 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 informed the Board that the site plan also includes reconstructing of the parking lot in order to bring in conformance of the land- scaping and parking lot construction code. Mr. Cannon advised that the additional floor space to the hospital will be constructed mainly in the rear of the hospital. He showed the location on the overlay and said there would also be additions to the Utility Building in the far corner and there will be an underground addition on the south side of the hospital. Mr. Cannon told the Board that the floor space on the south side of the hospital will be underground and will be landscaped on top. He said there will also be a remodeling of the existing floor space, as he mentioned, and most of the remodeling will also be along the west side of the hospital. In the parking lot, additional landscaped areas with plantings will be provided to bring the parking lot up to the Landscape Code, Mr. Cannon continued. There will be additional lighting for the parking on the west side of the building and also the south side of the building. Drainage will be modified somewhat. Mr. Cannon said the drainage structure unit on the west side of the building will be removed because the existing unit will be covered up by the new construction. Mr. Cannon further informed Members of the Board that there will also be two new soakage areas added along Seacrest Boulevard. Staff comments with~espect to the site plan are-as follows: Building Dept.: "Sidewalk required on S. W. 26thAvenue." (Mr. Cannon said that would be on the South side of 26th Avenue.) Engineering Dept. (Tom Clark, City Engineer: "1. Soakage pits to be designed to contain all run off from the first hour of a three year storm, i.e., 2.65 inches. Calculations are wrong. 2. Top elevations of drainage structures are required. 3. A registered Florida Engineer is required to do the drainage design. Robert B. Hill', Assistant Administrator for Operations, Bethesda Memorial Hospital, 2815 South Seacrest Boulevard, Boynton Beach, had nothing to add but said he would be happy to answer any questions the Members had concerning basically remodeling a lot of the interior spaces. Chairman Ryder asked how it shaped up with the number of spaces with what the hospital was doing now with the landscaping. He asked if they would wind up with more or less. Mr. Hill answered that they would wind up with about fifty more, over what their original count was that they submitted to the City sometime ago. - 28 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 For the Board's edification, Mr. Annunziato added that the layout they saw and the additional parking stalls were the result of their new Parking Lot Construction Code. Mr. Annunziato said this was what can be done and skill meet the Code~ Mr. Hill remarked that if he spends a couple of hundred thousand dollars, he.could pick up fifty more parking spaces. Chairman Ryder asked if there was curbing or delineating of the travel ways - the way you~are supposed to go. Mr. Annunziato did not see curb stops in the drawing but said there was a blow up which accompanied the plans which showed the detail of each parking stall to be designed and constructed, and it would meet the Code. Only recently, when the original application was made, did Chair- man Ryder realize that 26th Avenue was a public street. He said it was not too apparent. He thought the sidewalk would identify it better. Mr. Annunziato asked Mr. Hill if the applicant intends to comply with the staff's comments. Mr.. Hill answered, "Yes sir." Mr. Linkous moved that the site plan of Bethesda Memorial Hospital - Project 13, Remodeling of 13 Ancillary Departments of Bethesda Memorial Hospital & Parking Lot Modification be approved, subject to staff comments. The motion was seconded by Mr. Hester and carried 5-0. Chairman Ryder asked Mr. Hill if the new emergency setup was complete. Mr. Hill answered that it was, and the additional upperlevels are complete. He added that they just built the new dietary facility. The largest portion is, as Mr. Cannon said, remodeling the space that has been vacant since they relocated their old dietary facility in February. Mr. Annunziato pointed out that the plans were originally submitted two or three months ago, and the staff had a considerable problem with them because of the scale and the complexity of what the hospital was proposing. The hospital came back, drew their plans at a smaller scale, and then took the Technical Staff to the hospital and showed the locations of the remodeling with respect to the plans. They were highly enlightened, and Mr. Annunziato said it made their jobs much easier. He thanked the hospital for their cooperation. Site Plan Project Name: Agent: Owner: Location: Description: Southern Bell Telephone & Telegraph Co. Blakely, Ward, Stuckey & Associates Southern Bell Telephone & Telegraph Co. 1400 Neptune Drive, Boynton Beach, Florida New Office and Storage Building, plus parking lot modifications Mr. Tim Cannon, Assistant City planner, presented the plan and said it came to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. - 29 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Cannon pointed to Neptune Drive on the plan and informed Members of the Board that the site is located in the M-l'District in the southern end of the city. Congress Avenue is about 600 feet to the west of the site plan. Mr. Cannon said the site plan is for 'the addition'of an asphalt paved cable storage area and the addition of two manufactured buildings and also the addition of employee parking along the northern part ~of the site. Mr~ Cannon showed all~ of the part-of the.si%~ presently developed and the existing buildings. "Chairman Ryder questioned whether the access road is paved. Mr. Cannon replied~ "Yes." He said the site plan would largely be in conformance with the Parking Lot Construction Code, and there are some comments to that effect. Mr. Cannon further advised that the site plan is in compliance with the City Landscape Code. Mr. Cannon read the staff comments with regard to the site plan, as follows: Building Dept. (Bert Jo Keehr, Deputy Building Official): "1. Water Management Approval will be required. 2. Sidewalk on Neptune Drive will be required. 3. Parking aisles do not meet the parking ordinance specifications. 4. Office building must meet handicap codes." With reference to ~3, Mr. Cannon said they found the applicant could get all of his parking that he desires in there, but he has to move some of his lines around a little bit. Engineering Dept. (Tom Clark, City Engineer): "1. Calculations for drainage should show that the runoff frcm the first hour of a three year storm can be contained on site. 2. ~he water table and results from percolation tests should be shown." Fire Department (Dave Crockett, Executive Officer): "1. Hydrants necessary two each: 1 each at each gate to the property. Mr. Cannon explained that the Fire Department wants two hydrants - one at each gate of the property. "2. Fire Extinguisher in temporary office structure requires 1 10 lb. portable ABC fire extinguisher. City Planner: Mr. Cannon stated that the City Planner had the same comments as the Building Department's comments. He added the following comment: "Dimension parking consistent with City Code." Mr. Rod MacKenzie, Associate Manager, Building Design and Construction, Margate, Florida, appeared as the representative for Southern Bell. Having heard the comments, Mr, MacKenzie said they saw no problem with What they asked for. He said they were in accord with getting with them (City Staff) and planning on'where they want the lines. Mr. MacKenzie informed Members olf the Board - 30- MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 that they wOuld shift the lines around~to ~suit them. Mr. Annunziato pointed outi.the necessity for the two fire hydrants. He told Members of the Board that there is a water line on the north side of Neptune and a fire hydrant approximately 175 feet to the east of their east property and he thought there was one 300 feet to the west of the west property line. Mr. Annunziato was recalling from the survey. The City's requirements for commercial industrial property are that no buildings shall be no more than 250 feet away from a fire hydrant. Mr. Annunziato informed the Members of the Board that the lot is large and is about 280 feet deep. He told them they could see that with a fence, they would have to have a fire hydrant at each'gate in order to reach a radius of 200 feet to pick up those buildings in the rear. Even then, Mr. Annunziato said it will Probably be a little short. Mr. MacKenzie asked Mr. Annunziato if he was saying that from one building to another~would be beY0n~that, depth, Mr. Annunziato explained that the extreme building on the east and the extreme building on the west would be beyond the fire hydrant located at the opposite entrance. Mr. MacKenzie replied, "OK. If that's the case. We'll read the Code. If that's the way it is, then we"ll certainly do it." Mr. Linkous asked if that Could be done without trouble. Mr. MacKenzie answered that itwili cost money, but Members of the Board will make them do it any way, and they are resigned to if that' is.what the Board wants, they will have to do it, because they have to move in. Mr. Linkous explained that it was not what the Board wants, it is the way the rules are written. Mr. MacKenzie understood. Mr. Hester moved to accept the site plan for Southern Bell Tele- pnone& Telegraph Co., subject to staff comments. The motion was seconded by Mr. Zive and carried 5-0. Site Plan Project Name: Agent: Owner: Location: Description: Executive Plaza Office Building Howard E. McCall Glenhurst Developments, Inc. Ocean Drive West/Leisure Plaza Phase I of 3 Building Office Complex consisting of 35,259 sq. ft. and 118 parking stalls. Total build-out of site provides for 71,100 sq. ft. of' office and 237 parking stalls As a participating broker in the transaction, Mr. Linkous felt it would be a conflict of interest and he should step down. Mr. Linkous was excused and sat in the audience. Chairman Ryder announced that there were four Members on the Board. Tim Cannon, Assistant City Planner, presented the site plan to Members of the Board and said it came with a positive recommendation from the Technical Review Board, subject to staff comments. - 31 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Cannon pointed out Congress Avenue, Ocean Drive, Leisure Plaza to the northwest, the bowling.alley, parking area, and up above the Leisureville condominiums to the east. He informed Members of the Board that the office complex would consist of three phases. He said he would outline the phases. Each one of them is approxi- mately the same building area. He pointed to the three phases and said they were separated; however, there are walkways at each level. Mr. Cannon showed the walkways. Chairman Ryder asked if that was for access between them. Mr. Cannon answered that it was and explained that they are four story buildings with one story of underbuilding parking and four stories of floor space. Mr. Cannon continued by saying the first phase will have 'about 35,000 square feet of building area for a total of about 71,000 square feet of floor area. He said the applicant will provide a six foot high masonry wall along the eastern border of the property. Chairman Ryder asked where the first phase will be. Mr. Cannon pointed to the locations on the plan. He read the following staff comments: Building Dept. (Bert J. Keehr, Deputy Build~ ng Official): "1. Water Management approval will be required. 2. Ail structures over forty-fiVe feet (.45') will need a height exception. 3. This depar~'~nt will require calculations on maximum land coverage. 4. West elevation shows openings to be in excess of that permitted by the Standard Code." Mr. Cannon advised that Comment 92 refers to the eleVator shaft, as the elevator shafts would go above 45 feet. It is allowable as a height exception under the Building Code. As to Comment ~3, Mr. Cannon informed Members of the Board that the Planning Department made calculations of the lo~ coverage to the site and found it to be approximately 43%. He said maximum lot coverage in this district is 40%. Engineering Dept. (T~m Clark ~ City Engineer): "1. Calculations should indicate that the first hour of runoff frc~ a three year storm is retained on site - not the first one inch of runoff. 2. A recent survey of the property by a registered land surveyor is required. 3. Elevations of adjacent property should be shown on site along with existing elevations on site (MSL ~dat~)." MSL datum means Mean Sea Level data. "4. Inlet structures for french drains should be further identified as type 'C' as modified or larger. 5. Pavement near th~ turnouts should have elevationS indicated to keep water on site." - 32 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 "6. The water table~ level is needed to verify'cOnfiguration of the french drain as noted in the calculations." Utilities Dept, (Mark G. Law, Utilities Systems Supervisor Acting Utilities Director): "It is the reconm~ndation of the Utilities-DeparhYent that the above project be served by a looped water system. One connection being on Ocean Drive. That connection will be into the 8" water 'main. The other connection ~would be at the sputhwest corner of Fairlanes Bowling Alley. This connexion would be to the existing 6" water main. ·. Fire Dept. (Dave Crockett, Executive Officer): Please advise if additional informaticn is needed." "Fire Dept. requirements are as follows- Water supply can be either independent'6" fire line or 8" combination fire & domestic water ~ain ....... please see Mark Law, Utility Dept, for specifications." PoliCe Dept.: "Subject to traffic control signs and lighting (Security & Lot)" City Planner: "Lot coverage not to exceed 40%~" Public Works (Richard S. Walke, Director of Public Works): "The proposed site plan does not allow proper access for sanitation vehicles to maneuver to trash cOntainers. Public Works Department should be. cOnsulted Prior to resutmtitting new plans." Mr. Cannon showed .where the existing dumpsters are located and advised that the Public Works' Director did not feel they were accessible to the City's garbage pick up vehicles. Howard E. McCall, Architect, McCall & Lynch, 311 East Palmetto Park Road, Boca Raton, came before the Board. Mr. Annunziato commented that the site plan did not really give the building the importance it deserves. He thought theywere very interestingly designed buildings. Mr. Annunziato t01d Members of the Board it was three stories of offices on top of one Story of parking, but it is not just a four story building. Going from east to west, it goes from two stories, to four.stories, to three stories with the bottom floor being parking. He informed the Members that there are a lot of roofs and a lot of elevations to look at which gives the building a very interesting profile. Mr. Annunziato said the dashed lines indicate what would be the building coverage of the lot. What Members of the Board were seeing in the center of the plan was underbuilding parking on the overlay. Another interesting feature Mr. Annunziato pointed out - 33 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 was that between the buildings there are these corridors which stick out or project that will be built with each building and serve more than one. He said these are your walkways, service and elevator corridors. Mr. Annunziato said it is your elevator shaft building, so to speak, for which the applicant is requesting a height excep- tion for mechanical and roof purposes. He advised that it should be very clear that it is a height exception not to exceed four feet above the district height regulation of 45 feet. Mr. Annunziato said that is within the guidelines that the Council has set in con- nection with these kinds of exceptions. Chairman Ryder saw the plans in Mr. Annunziato's office 'and said there is unusual treatment~ which is all to the 'go.od. He asked if there would be a street going through~ along the easterly line, to the shopping plaza from Ocean Drive. Chairman Ryder aske~where the entrance Was, going ~to' be. Mr. McCall distributed a landscape plan and asked for an easel so he could illustrate some site plans he had brought with him that had color on them. Mr. McCall showed his plans and said the red line was the property line. 'Chairman Ryder determined there was no road on the westerly side and nothing going through~to the plaza. He noted 'that the entrance was going through on the easterly side. Mr. McCall's second drawing shows that a littl'e better; this first draw- ing shows the first stage 'and how much property would be consumed for the parking~ for the first building. Chairman Ryder thought there might be some delay between that and the subsequent phases. Mr. McCall answered that it would get things started. Mr. McCall showed the same site plan and said the green line profiles all the parkin,g areas; the blue line profiles the buildings; and the red and orange lines are traffic indications of the flow of traffic. He showed Chairman Ryder a drive that went all the way along across the back. Chairman Ryder asked if there was a masonry wall above-that drive at the property line. Mr. McCall advised that there is a planting area and a six foot high wall and then a ten foot utility easement that they cannot do anything with. On the other side of the property line, there ms an existing row of Australian pines. Mr. McCall said a pretty good visual screen separates the two areas. Altogether, Chairman Ryder thought they were maybe 60 feet away from the Leisure- ville property line to their building. Mr. McCall answered that it was 60 feet and said there were two. entrances from West Ocean Drive into the property. Mr. McCall said they were negotiating with the adjacent property owners to connect a drive to the proposed parking area and driveways of the future development Of the shopping center. Then there would be traffic through there also. Mr. McCall said parking underneath the building will be secured with rolled down gates at each of the entrances and on-~the backside of the building. At this point, they will be rolling gates-that will' be secured at night. He showed stairways for pedestrians and two elevators between the buildings with covered walkways between them. - 34- MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 Mr. Annunziato pointed out where they discovered the six inCh water line. He said that apparently in the northwest corner of the property, at approximately.10 .feet north of the north property line, a somewhat very short distance to the west, there is a six inch water line which was built in connection with the shopping center, which terminates there. Mr. McCall noted that it terminated there and went north. Mr. Annunziato ~old~Mr. McCall that was the line they were saying he could connect to~ to cause his loop. Mr. McCall said that was for fire purposes, and that they would bring an eight' inch line in to the building and connect it in with a six inch line, which would be a perfect situation. Chairman Ryder pointed~oUtthereshould.be no intention of parking along the sidewalk, as everything should go into the development. He was referring to parking along the sidewalk on Ocean Drive. Mr. McCall said no. Mr. McCall referred to the landscape plans he distributed and said on the application form he submitted, items 5 and 7 were a little mixed up. He hoped after review that Assistant City Planner Tim Cannon would concur with him that with regard to the site coverage that there is 39.3% lot coverage for the building. Before he had 28-1/2%, which was, of course., wrong. Mr. Annunziato clarified for the Board that Mr. McCall was only now securing site plan approval for Phase I, which is the southern- most building plus the corridor, plus the walkways and the elevator shaft, and 181 parking places. Mr. McCall asked if they would not want approval for the entire project. Mr. Annunziato did not think his entire plan would work as he did not have the building elevations plus other problems which Mr. McCall and Mr. Annunziato talked about. Mr. Annunziato advised Mr. McCall that he did not have building coverage, building elevations, and there were no floor plans for the buildings, so at this point they could not comment on any- thing other than Phase I. Mr. McCall asked that it be considered in concept. Mr. Annunziato answered, "In concept, yes." He told Mr. McCall he was facing another Site Plan ApprOval procedure for building. Mr. McCall did not mind that. Mr. McCall presented a small sketch showing all the elevations from the east side. He showed it again at a larger scale. Chair- man Ryder asked what the outside finish would be. Mr. McCall answered that it would be textured finish stucco and that it would have a barrell tile roof. ~Chairman Ryder asked if they would have frame walls. Mr. McCall advised that the~e would be masonry block walls, concrete floors, and a brick pattern will be used for hand rails on the balconies between the elevators and the buildings, with b~ck areas around the parking on the first floor. Mr.. McCall said the Building Department detected the west elevation of wall coverage. He said the percentage of window openings in that wall really pertained to six windows he showed Members of the Board on the plan. Mr. McCall said those windows - 35- MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 were a little bigger than they should be, and they would reduce those to size. Chairman Ryder noted that the parking would be away from the sun. Mr. Annunziato further pointed-out that as you move from east to west, looking from north to south, -the first thing you would see is a two story building. That'would be the one that would be ~the closest to the. Leisureville COndominium. Then it jumps to a four story building, and then it drops to a three. Mr. Annunziato pointed out that the two story aspect of the. development is that it is close to a residential area. Mr. McCall said the develoPer referred to it as a Mizener or Mediterranean character with interesting detail. Mr. Zive asked what the structure was which appeared on top of the building. Mr. McCall said the elevator shaft is to the east and the structure on top of the building encloses the cooling towers. Mr. Annunziato asked how much higher than the elevator shaft it was, or how much higher above 45 feet. Mr. McCall answered that it is 5-1/2 feet above the 45 feet. Mr..Annunziato said four feet earlier but advised Mr. McCall 5-1/2 feet should be the limit of his height exception. Mr. McCall explained it was an enclosure around the air~conditioning Cooling towers.. He said it was a permitted structure. Mr. McCall brought .his last drawing to the meeting tonight for purposes of discussion. One thing that he wanted to do and couldn't because of building heights was to take a couple of sections of the roof and put a full roof on it rather than having a total mansard, Chairman Ryder liked the roof, in this case, with the gales and the sloping roof rather than a squared off box and for this particular location. Mr. McCall said it would be like you sawed the top off of it. He showed what he would like and said if they could do that sort of thing, they can make it a much more attractive group of buildings, if they can take a few of the roof sections to a peak. Mr. McCall asked if it was that sort of thing he could approach the Council on. ViCe Chairman Winter asked how close to the front end of the building is the 5-1/2 feet. Mr. McCall replied that it is 27 feet. Vice Chairman Winter,remarked that you would not even see it. Mr. McCall said you would see a little bit of it. Chairman Winter was thinking of St. Andrews' where the Widow's Walk hides all of the structure on top of .the buildings the~e. Mr. Annunziato did not think it Wou~ be a permitted exception. Mr. Annunziato told Mr. McCall he did not think so because the height includes primarily air-conditioning shafts, mechanical equipment, stairwells, elevator shafts, and cooling equipment. Mr. Mcall reiterated that it would help the appearance. Their purpose for bringing it up now was that if there was some way to let it happen, everyone could benefit from it, Mr. McCall told Members of the Board. Mr. Annunziato asked if the applicant agr.eed to comply with the - 36 - MINUTES - PLANNING AND ZONING BOARD JULY 13, 1982 staff comments. Mr. McCall replied, "Yes. heard, we can comply with." Each of them that I Mr. Hester moved to approve the site plan, subject to staff comments~ with a recommendation that the City Council favorably consider integrating the 5-1/2 foot height exception. The motion was seconded by Mr. Zive and carried 4-0. ADJOURNMENT Mr. Zive moved, seconded~ by Mr% Linkous, to adjourn. no further business to come properly adjourned at 9:50 Respectfully submitted, (Three Tapes) u There being up before the Board', the meeting was P. M. - 37 -