Loading...
Minutes 04-14-81MINUTES OF THE PLANNING & ZONING BOARD MEETING HELD AT CITY HALL; BOYNTON BEACH, FLORIDAr TUESDAY, APRIL 14, 1981 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Robert Wandelt Simon Zive Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner and ReCording Secretary. 'He recogn±zed the pre- sence in the audience of MaYor Edward Harmening, Councilman Joe deLong, Councilmember Pat Woolley, and City Manager Peter Cheney. MINUTES OF MARCH 24, 1981 Mrs. Bond made a motion to accept the minutes of the March 24. meeting, seconded by Mr. Linkous. Motion carried 7-0. ANNOUNCEMENTS Chairman Ryder announced that our Recording Secretary, Sue Kruse, probably will be officiating tonight for the last time. Her husband has been transferred to South CarOlina and she is joining him. A luncheon is being held tomorrow at 12:30 P. M. and those who can make it, please attend and see Mrs. Tereesa Padgett in the morning. Mr. Annunziato referred to there being no plans on the dais tonight and explained they are trying a new presentation with the plans being projected onto a screen and the discussion con~ ducted from that location. He does have copies of the plans if there are quest~ions for a more detailed analysis, This techni- que appears to have some real benefit with everyone in the chambers being able to be aware of what is be±ng discussed. Chairman Ryder added that he did see this in operation at the last Council meeting and believes it is helpful. PUBLIC HEARING Abandonment Request Project Name: Agent: Owner: Location: Description: Lake Vista Townhouses (East) Terry L. How±son How±son Group Rider Rd. & Intracoastal Waterway Abandonment of Special Purpose Easement MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 Chairman Ryder referred to when considering the development for Lake Vista Townhouses East, there is an existing water line within the limits of the proposed structure and in order to approve, it was necessary for the utility line to:be removed, a new easement created and the existing one abandoned. This is an application to consider this abandonment and dedication of a new easement. Mr. Annunziato added that the site plan was approved about one month ago. As a proviso, the applicant was to proceed through an abandonment request to abandon the special purpose easement serving for the water line and relocate the water line. The developer has submitted a new easement for the water line. The staff recommendation, based on the comments from the staff and utility companies, is this be approved subject to the appli- cant submitting and having recorded a new easement and replac- ing a new water line at his expense under the City's supervi- sion. Mr. Terry Howison came before the Board and stated that he agrees to all the stipulations and there is no problem. Chairman Ryder referred 'to this being a public hearing and asked if anybody, wished to address this application and re- ceived no response. He asked if there were any comments from the members of the Board and received no response, Mr. Linkous made a motion to accept this special purpose ease- ment subject to the points listed, seconded by Mrs. Bond. Chairman Ryder clarified that it is subject to abandonment of the old easement and dedication of a new easement. No discussion. Motion carried 7-0. Mr. Annunziato clarified that this is approved to the extent that the developer is to dediCate a new easement and relocate the water line at his expense under the supervision of the Utility Department. OLD BUSINESS Chairman Ryder referred to the long agenda and stated from the information the memberS'received, there was a great deal of work involved on the part of the City Planner, particularly with regard to the PUD items which have appeared before the Council, and this makes our job much eas±er. Site Plan ~pproval Applicant: Location: Project Description: Burger King Corp. (Tabled) Ramon Cue, Agent S. E. 18th Ave. at U.S, 1, SW Corner Restaurant and .Drive-thru Facilities -2- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 Chairman Ryder announced that this matter has been on the table for several meetings and apparently the applicant is now pre- pared ~to appear before us for consideration of this item. Mr. Hester moved to take this from the table, seconded by Mr. Wandelt. Motion carried 7-0. Chairman Ryder stated the previous submission contemplated additional curb cuts in an area of U. S. 1 between 15th and 23rd Avenues, which is a heavy area of business and residen- tial development. At that time, concern was expressed about the fact the applicant proposed two new curb cuts on Federal Highway and there was also concern expressed at this point which is already undergoing considerable movements by way of left turns intO MacDonald's from southbound traffic and Burger King in a reverse manner would create the same situation. Because of that and part of the recommendation from the City Engineer, it was felt the Board could not act until getting an idea of the traffic impact on the present area. The appli- cant agreed and the matter was tabled until he could appear before the Board with a traffic study and any other appropriate changes. In addition to having so many eating places, there are condominiums, long term truck parking, and this area has been the scene of a number of accidents. The concern is valid. Mr. Annunziato' explained the plan with pointing out the loca- tion and points of ingress~and egress including the orienta- tion o~f this to CentUry Bank. Mrs. Bond referred to the ingress into the bank being one way and asked if there is a division between the~.two properties~and Mr. Annunziato replied affirma- tively and explained the proposal is to have approximately 21 feet of green area between the exit for Burger King for south- bound on U. S. 1 and the entrance to Century Bank. Mr. Annunziato referred to the staff review and read the follow- ing listed by the Deputy Building Official: 1. Prior to approval of thiS plan, a submittal for the relocation of the parking area for the bank must be made and approved. This would require 22 Parking spaces and a Department of Transportation turn-out permit would be required. Completion of this parking lot would have to be completed prior to the commencement of Burger King. 2. This plan requires Board of Health approval, as well as Hotel and Restaurant approval. 3. Parking is adequate for a 93 seat capacity, indicated on the plan. Plan shows 37 approved parking spaces. 4. Restrooms do not meet the handicapped code. 5, Plan does not indicate handicapped sign placements, -3- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 Mr. Annunziato read the following memo from the City Engineer: above: "Reference is made to the following letters regarding the 1. Letter from' Charles Walker dated March 19, 1981 2. Letter from John Wilson, D.O.T. dated March 19, 1981 3. Letter from Paul White, D.O.T. dated March 31, 1981 "I discussed t'his project with John Wilson, the Traffic Engineer in the D.O.T. Permitting Section and he voiced the opinion that most of the southbound diners would go to Burger King by way of S.E. 18th Avenue rather than by the proposed ingress and egress on U. S. 1. "Based on the above information, Layout I, Figure 4, of the revised traffic study is acceptable although in my opinion not a requisite to serve the property. "I recommend that a commitment be made by Burger King and the bank to share on a pro-rata basis the cost for a traffic signal when warranted at U. S. 1 and S. E. 18th Avenue as deter- mined by D.O.T. "Paving and drainage plans are satisfactory," Mr. Annunziato stated the Planning Department noted that consis- tent with the code, the developer has to provide an off-street loading space on-site, 12' x 35' x 14' Mr. Zive asked if Burger King and the bank will install a traffic light at'this intersection? He told about his exper- ience at this intersection with having to wait ten minutes to go north from 18th Avenue because of the heavy traffic going into MacDonald's. Chairman Ryder suggested 'that the applicant proceed with the' presentation and then various details will be discussed. Mr. Winter referred to there being three entrances on 18th Ave. and stated that the curb cut on U. S. 1 also has traffic noted going in and out and Mr. Annunziato agreed and clarified there are four means of ingress and egress to the site. Mr. Hester asked if Figure 4 as proposed will not include egress from U.S.1 and Mr. Annunziato disagreed and explained they have increased the radius on the entrance and moved the curb cut southward several feet and provided a divider in the median of the drive- way. Chairman Ryder clarified that this present proposal is for ingress and egress from U. S. 1 with the proposed new cut into the bank being only 20 feet away and Mr. Annunziato agreed this is correct. -4- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 Mr. Linkous referred to it being suggested during the previous discussion that there be a curb cut for a dual purpose for the bank and Burger King and asked if this had been complied with and Chairman Ryder informed him that this has been addressed by the consultant. Chairman Ryder clarified that the modification to the plans are very slight with moving the access further to the south. In addition, a consultant has made a traffic impact study and the facts will be presented. Mr. Gene Moore, 639 East Ocean Avenue, Lawyer representing Burger King, came before the Board. He referred to the appli- cant having a traffic impact study done pursuant to the direc- tions of this Board and stated he shares the same concerns regarding the traffic input. This is properly zoned property for the requested use. They have ~retained an independent traffic engineer pursuant to the directions of the Board to present an alternate plan. He then called on Mr. Dan Murray, Traffic Consultant and Engineer, to explain the proposal. He added that this plan has been approved by D.O.T. and Palm Beach County. Mr. Dan Murray stated he was hired by Burger King to evaluate this particular site at S'. E.~ 18th Avenue and U. S. 1. He has met with the City and County staff members as well as State personnel. He has presented his traffic report to all. They are in agreement with the recommendations and proposals. One of the major concerns about any commercial facility is the driveway access design, ability to ingress and egress effectively and clearly, and to provide a reasonable amount of ability to get to and from the site. The location of Burger King on the southwest qUandrant of t8th Avenue and U. S. 1 does afford driveways on ~both particular roadways, which does enhance the ability to gain access and' leave the facility. The main pur- pose in his layout of the driveway access design on U. S. 1 was to provide a proper definition, to provide a reasonable turning radius for people entering and leaving in an easy manner. Additionally, he recommended a raised island to further enhance the flow in and out of the driveway. He then referred to the drive-thru facility and explained how the b±ggest problem is the storage capability. He continued that as far as designing an access driveway directly onto U. S. 1, there are two main purposes to facilitate traffic coming out of the site to go south on U. S. 1 and if that egress is not allowed, it would force all traffic to go back through the facility and introduce many conflicts with park- ing. -5- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1881 Chairman Ryder referred to cars coming out to go south into the deceleration lane going into the bank which is only 20 ft, away and stated he doesn't agree with this being more desir- able. Mr. Murray stated the amount of traffic which goes into the bank facility must be considered, He took a traffic count at the bank facility and the predominant traffic during the noon hours is to the drive-thru facility, which will be en- couraged to go up to 18th Avenue, Additionally, he is recom- mending that U. S. 1 be restriped to provide a continuous right turn lane for a number of driveways, He explained how this striping will encourage people going, into the bank to get into the right turn lane and a person coming out of Burger King has to wait and pick an acceptable gap. Chairman Ryder stated that he differs with this recommendation because of both points being close. Mr. Wandelt referred to having a common drive for the bank and Burger King''and Mr. Murray replied that he looked at a joint use driveway, but it cannot be dOne with the bank's operation of one way in. Chairman Ryder stated that he thinks this would work with having ingress only and egress going t'o 18th Avenue, Mr. Zive referred to the problem of going north from 18th Avenue and Chairman Ryder agreed that this is actually piling more problems onto a busy area. He explained how the present problems will be doubled with cars turning into both MacDonald's and Burger King. Mr. Murray stated that he recognizes what is being pointed out concerning MacDonald's and he did factualize traffic data with taking a count. The drive into MacDonald's is one way and Chairman Ryder disagreed and ad,vised that people go both ways. Mr. Murray continued that he took a sample of the count between twelve and one o"clock and there were five 'violations making a left turn and one making a right turn. He took a count from four to five o'clock and there were four left turn violations and five right turns. He agrees there is the potential for people to come out the driveway of MacDonald's with the way it is designed. Mr. Murray referred to a traffic signal and advised that he has had discussion with both the County and State, who have the main responsibility for authorizing traffic signals and have to deter- mine if they meet the eStablished warrants, and the amount of traffic generated if MacDonald's was turned into a two way driveway and with Burger King and 'the bank, did not come up to the established warrants. He understands the City petitioned the County previously on this matter and doesnt believe they were able to justify this signal. The second factor is there is a traffic l~ght approximately 700 feet away at a major inter- section, People believe that a traffic light will solve all problems, but that is not correct. The authorization of a -6- MINUTES - 'PLANNING & ZONING BOARD APRIL 14, 1981 traffic signal is serious business and they try to adhere to federal standards. As far as the concern about the left turn movement, there are other types of solutions with physically crossing certain medians, developing u-turn movements or re- stricting left turns in and not left turns out. Mr. Zive referred to having to wait ten minutes to make a left turn from 18th Avenue because of the traffic going into Mac- Donald's which was not during the busy period and Mr. Murray replied there are times when there are certain delays caused at various locations. Mr. Zive disagreed and stated he believes a traffic light is needed. Chairman Ryder referred to the report indicating that about 10% are left turns and stated he thinks this is a considerable amount and Mr. Murray replied that 150 vehicleS turning justify a green arrow; hoWever, as far as the traffic on Federal High- way', justification for a signal is based on the amount of traffic coming in and out of 18th Avenue. Chairman Ryder clarified that the amount of left turns accOrding to the report is significant. This will be compounding something which cur- rently poses a problem. He is not aware of the County's report or D.O.T.'s report. D.O.T. apparently approved Figure 4 with the entrance 20 feet away from the bank. The comment is made that most of the traffic from the north will go into Burger King from 18th Avenue, which may be true, and when they go out, they will go out the same way. He assumes there is a sound basis for this, but he feels the consultant is on the other side of the fence~ He believes there will be a problem if this is approved without a traffic light. He thinks it would be in order to apply to D.O.T. for a traffic light. He thinks the figures shown point out the fact there will be a problem. Mr. Zive asked if Burger King and the bank will be in agreement to install a light there? Chairman Ryder agreed there is a dual responsibility. We must approach the faCt that it is re- quired and when Burger King comes into operation, it must be there and not sometime in the future. Mr. Hester commented that he knows this is a dangerous inter- section, but putting another light there will compound the problem with the next light so close. Mr. Linkous added that there is a light 700 feet to the north and a light 875 feet to the south and he agrees another light will augment the trouble and confusion. Mr. Zive commented that the lights can be timed together. Chairman Ryder added that it cannot be a safe opera- tion without a light because of the left turn movements. Mr. Linkous disagreed and stated that he does not think it will mean safety with another~light. The traffic will be backed up with the three lights altogether. -7- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 Mr. Murray stated there are a number of traffic studies contin- ually done evaluating accidents before and after a traffic light is installed and generally, once a traffic light is in- stalled, accidents increase. One of the biggest problems is there are delays and people start running the traffic light. There are a lot of right angle aCcidents at signalized inter- sections. The people feel with traffic lights that once they get the green, they have the right-of-way. Also, there are a lot of rear end accidents. Chairman Ryder referred to the information noting there was an accident when the study was being made with a person making a left turn into 18th Avenue and Mr. Murray' replied that the in- formation from the Police Department is there were six acci- dents at this intersection. Accidents are caused by three factors with approximately 75% being caused by driver failure to execute properly and roadway conditions cause a certain amount. Obviously, any time there is a crossing conflict or merging conflict, there is accident potential. The key is to locate the turning traffic where it is best perceived by the motorists. Mr. Murray advised that he did evaluate the joint use driveway and their main concern was to provide reasonable access without causing some other internal type problems. If strictly one way traffic is proposed for both businesses, it will encourage the traffic from the Burger King drive-thru facility to have to go through the parking lot and additionally force that traffic to turn right in front ~of all the traffic coming in.~ He does not recommend a joint use driveway. He believes the driveway on U. S. 1 will serve a secondary purpose and also the driveway to the bank will be secondary. To encourage a high amount of bank traffic in that particular driveway may cause some problems for pedestrians going t° and from the bank facility. Mr. Murray clarified that he has made recommendations to facili- tate traffic movement - design of the driveway to have a good turning radii, striping along U. S. 1 to provide continuous right turn movement, and define traffic going into Burger King. Chairman Ryder agreed that striping is a good proposal for along U. S~ 1 if parking is eliminated and Mr. Murray replied that parking in many stretches has been eliminated and he has recom- mended eliminating areas where parking does exist. Mr. Murray pointed out that additionally, he suggested a left turn storage lane-on northbound U. S. 1 be increased to provide better storage. Right now, it is very short being approximately 50 feet. This would facilitate not only the traffic turning into 18th Avenue, but also there are about twenty vehic%es making u-tUrns there now by the residential people coming out of the area to the south. He also recommended two lane~ out of 18th Avenue to facilitate traffic turning right as well as -8- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 left. He did not recommend a traffic signal because what is being dealt with is a very limited time period. The volumes indicated in the report are what occurred during the peak hours. Additionally to put in a traffic light and interrupt the flow of traffic on U. S. 1 will encourage more problems. Mr. Linkous asked if there was enough room to have two lanes exiting from 18th Avenue and Mr. Murray replied affirmatively. Mr. Hester asked whose responsibility it would be to stripe the right hand lane and Mr. Murray replied that it could be done in various ways and explained that the State has a striping program and also has striping done under contract. Mr. Zive asked if t8th Avenue could be widened and Mr. Murray questioned why as it doesn't go anywhere. Mr. Zive stated that it would give the traffic the chance to move faster and Mr. Murray replied that it is not going far. Mr. Gene Moore stated that the purpose of this hearing is a continuation'of the previous hearing when they were requested to come in with an independent traffic analysis, which they have done. Mr. Murray has made an excellent presentation. D.O.T. has the-primary jurisdiction for this highway and has approved this plan along with Palm Beach County. This is the only feasible plan in which Burger King can install this faci- lity. Hundreds which have been installed are similar to this. There are curb cuts going in and out all along 'Federal Highway and it will be a mockery to not approve this. Others were not requested to have a traffic impact analysis done. They have met the requirements of ~the City. The MacDonald,s situation is existing. He feels .this plan should be approved. To deny this would be an arbitrary act against this land owner. He feels Burger King is needed in our City. It would not be fair to deny it on the basis mentioned. This is a D.O.T. problem. At 15th Avenue and U. S. 1, it is a terrible intersection and a light at this location would just back the traffic up. He respectfully requests this plan be approved as it is fair and reasonable under the circumstances. The staff has recommended approval. Mr. Moore then asked the City Planner'how he feels about this plan and Mr. Annunz±ato replied that the proposal is to con- struct a restaurant where the parking lot exists now. It is recognized that it is a dangerous situation and the plan pro- poses to amplify the problems which exist. Additionally, sometime in the future, the comprehensive plan calls for the extension of ~3rd Street and 18th Avenue w±ll be a right-of-way. The proposal acts to amplify the problems which currently exist. The s±gnalization needs to be addressed. As far as compounding the 15th Avenue problem, possibly it can be solved with the matter of sequencing, Concerning the continuous right turn movement, this is a temporary thing and the traffic counts will probably demand three thru lanes in the future. -9- MINUTES - PLANNING & ZONING BOARD APRIL 14, 1981 Mr. Moore asked if he recommended approval or rejection and Mr. ~nnunziato replied that he will give the staff recommenda- tion that it be approved subject to staff comments. The con- cerns are the traffic signalization and the curb cut on U. S. 1. The curb cut on U. S. 1 will be dangerous with it being within 20 feet of the entrance to the bank. Mr. Moore asked if it was the recommendation not to have ingress and egress to the site and Chairman Ryder replied that this Board takes the staff comments into consideration. He cannot accept the consultant's recommendation that signalization is not necessary. He would like to see cuts in Federal Highway for ingress only. He would suggest that the City Engineer be designated by the Council to present all the data we have in addition to the consultant's report to D.©.T. forl confirmation whether they feel a traffic signal should .or should not be in- stalled when Burger King comes into operation. Mr. Winter stated he thinks the whole problem is caused by too many entrances and exits along U. S. 1. In reference to ingress only from U. S. 1, basically he would be in favor of egress only as opposed to ingress because the cars waiting to get onto U. S. 1 would be safer. Chairman Ryder stated that he is concerned about coming out of there into the main stream of traffic; and believes egress would be more desirable onto the side street. Mr. Winter questioned why there has to be any on U. S. 1 as he would rather see them on 18th Avenue. Chair- man Ryder replied this was being considereid, but they want direct access to Federal Highway. Mrs. Bond stated that she disapproves of the plan. She feels the ingress into the bank and going into Burger King are too close. She explained how there would be problems with these entrances so close. She feels this is not a solution. There was a cut between Sunshine Square and Causeway Square and there were a lot of accidents and this will generate the same type of bad situation. Mr. Wandelt referred to there being a heavy traffic problem there now and stated by allowing more curb cuts, it will in- crease the problem. In reference to it being allowed in the past, this Board was not at fault. He does not see a reason to continue and have the problem multiply. Mr. Linkous clarified that this plan as su~bmitted was approved by D.O.T. and they do not recommend a traffic light. They went along with the curb cuts. He doesn't see how we can re- fuse it. Chairman Ryder replied that we Have to live with it here and D.O.T. doesn't. He suggests that we deal with them directly. Mr. Linkous referred to D.O.T. having approved the drawing and Chairman Ryder agreed, even with the bank entrance within 20 feet of Burger King's exit and he does not see how they could have approved that. -10- Mr. Raymond Cue, site development engineer with Burger King addressed the Board. He presented the project to the Board the last time it was heard. He noted that he had a copy of a letter from the D.O.T. indicating the comments that were made at the last meeting and he has seen a letter from the County Engineer's office where they noted no ob- jection to the proposal. Chairman Ryder acknowledged that the Board had copies of the letters. Mr. Cue requested the Board to recall that the last time he was there, they were going to be as subjectiVe as possible on this matter. So far he has seen Mr. Murray,a recognized professional,present his findings on the proposal and he has the letter from D.O.T. with no negative comments. He thinks that this discussion is not progressing, and that the Board is being arbitrary on this matter because the opinions of the experts are not being taken into consideration. He made this statement for the record. Mr. Ryder replied that D.O.T. and the others approve the construction of two curb cuts in close proximity with.con- flicting turning movements. Mr. Cue commented that the Board is failing to take into account the comments of D.O.T. and the professionals and that the Board was acting on personal opinions. Further discussions were held and the question was called. Mr. Zive made a motion to recommend that the site plan approval application submitted by Burger King be denied. The motion was seconded by Mr. Wandelt. The vote was 5-2 with Mr~-Linkous and Mr. Hester dissenting. Site Plan Approval Applicant: Century Bank,Inc. Tabled J.Daniel Stephens,V.P.Agent Location: S.E.18th Ave. at U.S.1,SW Corner Project Description:Relocation of Parking Lot to accommodate the Burger King Development Mr. Ryder announced that this had been on the table and asked the City Planner for the staff review. Mr. Annunziato presented the plans and noted access to the site, proposed driveways and the anticipated traffic pattern. Mr. Annunziato then read the staff comments into the record as follows: - 11 - Police Department: Subject to parking lot lighting and traffic control signs and directional arrows painted or posted in lot. Public Works Dept.: Contact Public Works when slab for dumpster is ready. Planning Dept.: -Extend sidewalk thru limits of developed property. Energy Coordinator: Recommend energy-efficient (Sodium vapor) Lighting. Mr. Annunziato continued that it was the staff recommendation that the plan be approved but given the fact that the Burger King plan was recommended to be denied, he questioned the purpose fOr review. Mr. Walters from the firm of Lawson and Wedding, Agents for Century Bank appeared before the Board. He reqUested that the site plan remain on the table, but he noted that the bank was in accord with staff comments. Mr. Annunziato clarified that. this application was not taken off the table so no action was required by the Board. Preliminary Plat Approval Applicant: High Point of Delray Bldrs.% 2 Nabil Hansen, Agent Location: Congress Avenue at Congress Blvd.~xtended Project Description:Preliminary Plat of Congress of High Point of Boynton Pla~t Mr. Ryder announced that this plan will go to Councii and then asked the City Planner for comments. Mr. Annunziato introduced the plat and indicated that the plat was reviewed by the Board at the master plan stage and that the name has changed by the addition of the word Congress in response to health safety concerns raised by the City Staff. The cover page was shown which indicated various requirements. The second page of the plat was shown and Mr. Annunziato indicated the location of roads, facilities land uses and lakes. He noted that access to the site was by way of S.W.Congress Blvd. extended which in the future would be extended to Knuth Road to~help alleviate traffic on existing streets. Additionally it was noted that additional right-of-way was to be dedicated for Congress Ave. Mr. Annunziato at this time reviewed the plat and plans in detail noting specific location of uses, easements, utility service locations and road construction. Mr. Annunziato then noted that the plan had been reviewed by the Technical Review Board and he offered comments for the Board consideration as follows: - 12 - Engineering Dept Planning Dept.: Recreation & Par~ See Memo of 4-7-81 Planning & Zoning Board to set land value for Parks & Recreation Ded- ication Purposes. Dept.: Fee in Lieu of Land City. range of $ 18,000 to low. He then suggest of the land to set th dicated that this wou He then read a defini of the subdivision re fair market value. M that owing to the fac was a year ago and th the applicant seek an for the Board's or Co Mr. Annunziato stated that the primary concern remaining was to set the land value for Parks & Recreation dedication purposes. He advised that the applicant had offered several suggestions and that he discussed land values with several people in the The land values proposed by the applicant were in the $ 20,000 per acre and that they seemed ~d that the applicant secure an appraisal ~ value per acre. Mr. Annunziato in- ld be fair to the City and to the applicant. tion of fair market value and the section ~ulation concerning the proCedure to set ~. Annunziato then made a recommendation t that the closing on the su~ect property ~t land values are changing so rapidly, that appraisal from a certified MAI appraiser lncil's use in setting the land value. Mr. Ryder then explained for the benefit of the Board the land dedication procedure ~nd the method of arriving at the dollar value'. He then invi~ ~d Mr. Hansen to address the Board. Mr. Hansen went thru ~he ~tems listed in Mr. Clark's memo leaving number two ur ~il last, and noted that he had no problem with the remaining st~ff recommendations. He stated further that the Water Manage]nent Permit had been previoUsly submitted. Mr. Hansen then addressed the Board with respect to setting the land value. He noted that it was up to the Board to set the land value and that h~ would like to reach an agreement now. He presented factual .nformation concerning land ivalues in the area. He acknowled¢ ~d that he would be willing ~to settle at a figure between $ 15 000 and $ 30,000 per acre. A lengthy discussion .~nsued concerning setting the land value and means of arriving at land values. Mr. Tate of High Poin' of Delray Builders 92 introduced him, self and advised the )oard that they have been i~ agreement with everything else and t!~at if the Board came up.with a reasonable figure it would be ac~eptable to him. - 13 - Mr. Zive then suggested that the Board offer the figure of $ 30,000. per acre. Mr. Annunziato then stated that if the preliminary plat were passed on to Council with a recommendation Of $ 30,000., they may still require an appraisal. Fur~ther discussion ensued concerning land values. Mr. Winter then made a motion that the preliminary plat of Congress High Point of Boynton Plat be approved subject to the land value being set at $ 30,000. per acre and in accordance with staff comments. The motion was seconded by Mr. Zive. The motion was approved 7-0. Master Plan ModificatiOn Project Name: Dos Lagos Planned Unit Development Agent: Owner: Location: Description: John W. Ewseychik,Jr. Satter Companies,Inc. Congress Avenue between LWDD Canals 20 & 21 on .east side. 423 units, recreational areas and lakes Chairman Ryder introduced this item and the following items as being similar requests. He announced that these applica- tions come to the Board after a finding by the City Council that the changes requested are not of a substantial nature. He requested that the Board refer to the memos provided by the City Planner for Council ~se in determining the degree of change as a means to understand the change requested ~and the history of the application. Mr. Ryder then asked the City Planner for comments. Mr. Annunziato by amplifying the Chairman's comments on the matter of the procedure involved info,his request. He noted that Council made a determination that no substantial change was requested. Mr. Annunziato then proceeded to paraphrase the memorandum from himself to the City Manager describing the procedure, location, change in unit mix,. recreation package offered, traffic and road considerations, Council imposed requirements and School Board He noted further that the Technical Review Board met on March 31st,1981 and recommended that Council make a finding of no substantial change and further the TRB recommends to the Board that the modifications to the master plan for the Dos Lagos PUD be approved ~ub~ect to staff comments as follows: - 14 - Utility Department: Subject to revised utility plans per meeting with developer's engineer on 3-30-81; Public Works Dept.: Subject to the approval of the dumpster locations. Planning Department: Subject to the developer dedicating the rights-of-way for Congress Avenue and Miner Road within sixty days of final action by the Planning & Zoning Board. Energy Coordinator: Recommend the use of energy efficient sodium-vapor lighting. Under discussion,Mrs. Bond inquired as to Board consideration in the past of the construction of Miner Road. Mr. Annunziato ~responded that this issue was deliberated by the Council at the time of rezoning ~and that the plan was approved without Miner Road having to be constructed. In lieu of the Miner Road construction, the developer was to pay to Palm Beach County $95,000 consistent with the Fair Share road impact ordinance. Chairman Ryder then recognized Mr. Ewseychik,Jr. of Planning ~esign,Inc. ~e representative for Salter Companies,Inc. Mr. Ewseychik, then agree-d~6- th% staff comments listed by the City Planner. Noting that there was no discussion on the matter, Mr. Ryder called for a motion. A motion to .approve the master plan modification subject to staff comments was made by Mr. Hester and seconded by Mr. Wandelt. The motion was approved 7-0. Master Plan Modification Project Name: Agent: Owner: Location: Description: Quail Lake, West John ~wseychik,Jr. Rowan Construction Company Golf Rd. at Congress Ave.N.W.Corner 315 Units, recreational areas and lakes. - 15 - Mr. Ryder introduced this application as being similar to the previous application and then asked for staff reuiew and comment. Mr. Annunziato then proceeded to paraphrase the memo from himself to the City'Manager which explained the evolving ownership pattern, the location of the PUD, the history of platting, the procedure for approval, the changes requested, traffic improve- ments and responsibilities and School Board agreements. Mr. Annunziato then advised the Board that the City Council made a finding of no substantial change and further that the TRB recommended that the Board approve the requested master plan modification subject to comments as follows: Utility Department; See attached memo Planning Department: (1) Subject to the developer (Rowan Construction) dedicating the right-of- way for Woolbright Road within sixty days of final action by the Planning & Zoning Board. (2) Recommend the use of energy efficient sodium-vapor lighting. Mr. John W. Ewseychik,Jr. appeared before the Board and announced that he was in agreement with all staff comments. He further commented that it is the developers request that he be able to construct one 3,000 sq.ft.central clubhouse as Hpposed to four 1,000 sq.ft.clubhouses with the remaining three clubhouses to become pool bath houses. He noted that the past thinking was to have several different condominiums but the size of the condomin- iums would be only approximately it is their desire to have only Further discussion ensued concerning the change in unit mix, building height, the location of the proposed 3000 sq.ft.club- house, addition of open space and the number of people that the 3000 sq.ft, clubhouse would hold. Chairman Ryder then called for a motion. The motion to approve the master plan modification subject to staff comments was made by Mr. Wandelt and seconded by Mr. Linkous. The motion was approved 7-0. Mr. Annunziato called for a clarification on the motion with respect to the clubhouse issue. It was determined that there would be one - 3,000 sq.ft, clubhouse and 3 additional bath houses of approximately 500 sq~!f~.ea~.hcon~i~7~reSt~om.s and storage. - 16 - Site Plan Approval Project Name: Salamon Warehouse Agent: Lazarus Salamon Owner: Lazarus Salamon Location: Description: Railroad Avenue at N.E.5th Avenue, S.W.Corner Warehouse Mr. Ryder introduced the application to the Board and requested comment from the City Planner. The City Planner explained the location of the proposal, the uses requested, access to the site and the locations of landscaping. He then noted that the Technical Review Board reviewed the application and read into the record staff comments as follows: Building Dept.: Police Dept.: Public Works Dept.: Energy Coordinator: Sidewalks required on N.E.5th. Avenue Security lighting required Coordinate with Public Works Dept. before pouring dumpster slabs Recommend energy efficient sodium- vapor lighting. Mr. Annunziato then advised that the Staff recommendation is that the application be approved subject to compliance with staff comments. Chairman-Ryder then recognized Mr. Salamon who agreed to comply with staff recommendations. Noting that the Board had no questions, the Chairman then called for a motion. A motion to recommend to the City Council that the site plan submitted by Mr. Salamon be approved subject to compliance with staff commen~s was offered by Mr. Linkous. Mr. Hester seconded the motion. The motion to recommend approval was passed 7-0. Site Plan Approval Project Name: Yachtman's Plaza Agent: John Pagliarulo Owner: Antonio Velardo Location: U.S. 1 at N.E. 15th Pl~ace, N.E.Corner Description: 18 Stores and 18 Offices - 17 - Chairman Ryder introduced the application to the Board members and then invited the City Planner to make a presentation and give comments. Mr. Annunziato~described the application by providing the location, proposed land uses, position of buildings proposed on the site, access to the site, utility service plan. Mr. Annunziato then read staff comments concerning ~the plan into the record as follows: Building Dept.: Fire Dept.: Engineering Dept.: Utility Dept.: Police Dept.: Elevator required. Subject to memo from Utility Dept. Subject to Memo Subject to Memo Subject to Memo Concerning the comments'made by Mr. Clark and. Captain Hillery,Jr. Mr. Annunziato explained that a mis-alignment exists betw.een N.E.15th Avenue and N.E. 15th Place and that the existing median was deSigned to accommodate traffic turning north/bound from N.E.i5thIAvenue. The result is that south/bound left turning traffic must stop in the thru lane in order to access the site. At this point Mr. Ryder recognized the applicant. Mr. John Pagliarulo appeared for the owner and pointed out that they were in agreement with staff comments, but he informed the Board that afire hydrant exists in close proximity to the southeast corner of the property. He acknowledged that the major conflict with the plan involved the medi~-cut. Mr. Pagliarulo advised the Board that he met with Mr. White of the Department of Transporation recently and that the existing configuration of the median is not in conformity with current standards. Mr. Pagliarulo continued~that the median could be modified to install a proper stacking lane for south bound traffic. This would permit the applicant to line up the median~ cut with the proposed entrance to the site and to provide proper storage on U.S. 1. He further commented that the applicant would make the change under the auspices of the Department of Transpor- tation. Mr. Ryder then asked for staff comments on Mr. Pagliarulo's proposal. Mr. Annunziato responded that it would be proper to recommend that the site plan be approved by the Board and that Mr. Pagliarulo provide plans for staff review prior to this application being heard by the City Council. Mr. Pagliarulo agreed to submit plans to the City for their review prior to Council action. - 18 - Mr. Ryder then asked for additional comments from the Board. Hearing none, he called for a motion. Mrs. Bond then made a motion to recommend approval of the site plan subject to staff comments. The motion was seconded by Mr. Hester and approved 7-0. Chairman Ryder then advised that the hour was getting late and he asked the Board what their pleasure was with respect to the Draft Neighborhood Strategy Area Final Report. He noted that he had a few comments to make. Mr. Annunziato requested that the Board move on this topic as budgets for Community Development funded improvements were being prepared at this time. With that in mind, the Chairman then determined to proceed with the dis- cussion of the N.S.A. report. Discussion: Neighborhood Strategy Area/Draft Final Report Mr. Ryder questioned who would monitor the implementation of the report locally? The City Planner advised that it would likely be himself. Mr. Ryder then referred to pages 22 and~ 23 concerning community facilities and services and particularly the function of C.E.T.A..noting that the plan was prepared prior to the budget cuts at the national level. Mr. Annunziato ad- vised that some of those services offered by C.E.T.A.would be assumed by different organizations. Mr. Ryder then noted that he had visited the South Technical Education Center and that he was advised that some of the students were being paid by C.E.T.A. Mr. Linkous then referred to page 29 and questioned why an outreach office was not located locally? Mr. Annunziato re- sponded that these offices were located pending funding; office space and staffing. Noting that there were no other comments, Mr, Ryder requested that the report be forwarded to the City Council with a positive recommendation from the Board. Mr. Hester then moved that the report be forwarded to Council with a positive recommendation. The motion was seconded by Mr. Linkous. The motion was approved 7-0. Adjournment Noting that there was no further action required of the Board, Mr. Linkous made a motion to adjou~nwhich was seconded by Mrs. Bond. The motion was unanimously approved. Respectful~ submitted City Planner (4 tapes) - 19 - s~OM: Re: :~'~ E M 0 R A ~,~ Mr. Carmen Annunsiaso, City ~ ~man~e~ City Sngineer High ' n= Poi_~_u of Boynton Forwarded h _ erew~uh are copies of the plans and ' ~ pre!mmmnary plat for the subject project. Also forwarded is a cos~ esummate~' for all the improvements along with a copy of a z~mer'~' ' from Dr. Hanson dated April 3, 1981. The T.R.B. reviewed the above and approval is recommended subject to the following conLments: i. Off-site plans for improvemenns to Congress and Wooibright Road are subject to County approval. 2. The land value will be determined by the Planning and Zoning Board for Parks and Recreation commitments. 3. To eliminate Confusion during emergencies the name of this project must be changed. A name preceding the High Point designation would be acceptable. 4. The Recreation Director will accept a payment in lieu of land dedication for Parks and Recreation. 5. The cost estimate for off-site road improvements must be approved by the County. The cost e' ~ es~!maae for on-site public and private streets is not i '' ' ' dens!fmeo and must be included. A copy of the Water Management District construction permit is requested. The City only has staff recom- mendations_ - at ~h~s~ time. A copy of a letter dated April 3.~ included herewith. TAC:mb Attach. 1981 to Perry n ~ - - _ ~e~sn~ is also Tom Clark cc: Perry Cessna MEMORANDUM Mr. Carmen A-~-nunziato City Planner Perry A. Cessna Director of Utilities March 31, 1981 Quail Lake West P.U.D. Please be advised timer in regard to the utilities for the above P.U.D. the engineer is required to do the following: i. Show calculations for flows from the P.U.D. 2. Show calculations that the existing pump station in the commercial property on Congress Avenue (constructed by Cogen) does have sufficient capacity to handle the sewage flows from all three (3) are~ as shown on the orlgmnal P U D 3. There are seven (7)cui de sacs with deadend 8" water lines. These will ~e required to be loooed back *~ mazn north-south lO" line with ~i' ductil~ iron pi;~. Fur th e r ] · ~ , these _lnes shall not be unQer paved areas as indicated on the plans The plans do not show the 16" water line being run to the west end of the property on S.W. 15th Avenue (Wool- bright Road). The water line on Golf Road is shown as 12",.whereas the existing line runm_ing westward on the south side of the road to just past the entrance into the Cranbrook Sub- division is !0". This line should be brought across at its present point of termination to the north side and be extended to the westerr~most edge of the property. ~nere should be a 10-foot separation between this line and the 20" sewer force main which is currently being installed on the same side of the road. One sewer collection line showing 340 feet ~ ~ w_mi be re~aired to be relocated so that it is in the road. PAC/db The developer is re~ired to enter into an agreement to fund the extension of ~e 16" water ~' ~ ~zn~ to the western edge of their property as mentioned in ~4 above, within six months. Perry A.~Cessna Director of Utilities- .... ? , ANDUh Hr. ca~en Annunziato City Planner Mark G. Law Utilities Systems Supervisor Ap_=~ 7, 1981 Yachtman's Plaza N.E. i5th Place As i indicated in the TRB meeting this morning, I do not feel it is necessary to have the 6" water main on the property as indicated in Mr. Martin's drawings. Allan Nyquist and I have agreed that the installation of a fire hydrant on the southeast corner of the property off N.E. !5th Place and a fire hydrant off the existing 8" main in U.S. ~1 will serve adequate fire protection for the shopping center. Mr. Martin should also be advised that sufficient domestic water can be served off either N.E. 15th Place or U.S. ~1, whichever is more convenient for his pl~mbing installation. Please advise. ReceiYed Time Mark G. Law Utilities Systems Supervisor MGL/db cc: Allan Nyquist Perry Cessna DF H E M 0 R A N ~ U ~"~ April 7, 1981 TO: FROM: Re: Carmen Annunziato Tom Clark Site Plan, Yachtman~s Plaza Comments are as follows: 1. Drainage calculations are required. A cross-section of the French drain should be added showing membrane over and around rock. The additional ingress and egress onto US-! is ,no~ desirable and will requ!re D.O.T. approval. A re-alignment of N.E. 15th Ave. would split the property but simplify the traffic control problem here. Having.an exit only at the north end of %he property would be a viable alternate. TAC:mb Tom Clark Carmen Annunzia~o April 7 ~Q8~ ,~aD ~a, n Hillery facn uman s Site Plan, I agree with the city Engineer, Mr. Tom Clark. I share in his suggesting an exit only at the north end of the property as a viable alternative to the one planned. Even if the exit/entrance were moved slightly south to allow southbound U.S. I traffic to make a -qeft~- turn into the entrance, there would be a hazard created as there is no stacking lane available. Captain Commander Road Patrol Boynton Beach Police Dept. EH:as A G E N D A PLANNING AND ZONING BOARD 'Regular Meeting DATE: April 14", 1981 TIME: 7:30 P.M. PLACE': Council Chambers C.i ty. Hall 1. Acknowledgement of Members and Visitors 2. Reading and Approval.of Minutes 3. Announcements 4. -Communications 5. Citizen's Awareness Presentation: None 6. Old Business: A. Si~e plan Approval: 1. Applicant: Location: Legal Description: Project 'Description: Applicant: Location: Legal Description: Pro'jer't Description: Burger King. Corp. (Tabled) (Ramon Cue,.Agent) S.E.18th.Ave. at US 1, S.W. Corner See Survey Restaurant and Drive-thru Facilities Century Bank,~ Inc,, (Tabled) (J.DaniE1 'Stephens, Vice Pred. ,Agent) S~E.18th.Ave, at US 1, SW Corner See Survey Relocation of Parking Lots to accommodate .Burcer King Development 7'. New Business A. PUBLIC HEARINGS: (7:30 P.M.) (1). Abandonment Request PROJECT NAME: AGENT: Lake Vista Townhouses (East.) Terry L. Howison OWNER: Howison Group LOCATION: DESCRIPTION: Ri~er Rd. & Intrac0astal Waterway Abandonment of SPecial Purpose EaSement - 1 - S~BDIVI S IONS: Preliminary Plat PROJECT NAME: AGENT :' OWNER: LOCATION: DESCRIPTION: A~G E N D A High Point of B0ynton Plat Nabil Hansen, Ph.D. High Point of Delray Builders # 2 Congress Avenue at S-W-Congress-Blvd.extended Multi-family residential~ development of 556 units, recreation area and lakes. C. PUD MASTER PLAN MODIFICATIONS: PROJECT.~NAME~i~ Dos Lagos AGENT: John W. Ewseychik, Jr. OWNER: LOCAT ION: DESCRIPTION - Satter Companies, Inc. Congress Avenue between LWDD Canals 20 & 21 on E.Side of Congress. 423 Units, recreational facilities and lakes'. PROJECT NAME: AGENT: O~ER: LOCATION: DESCRIPTION: Quail Lake West John W. Ewseychik, Jr. Rowan Construction Company ~Golf~ Rd. at Congress Avenue N.W. corner 315 Units, recreational areas and lakes. SITE PLAN APPROVALS: PROJECT NA~: AGENT: OWNER: LOCATION: DESCRIPTION: Salamon Warehouse Lazarus Salamon Lazarus Salamon Railroad Avenue and N.E.5th.Avenue, S.W.Corner Warehouse AGENT: OWNER: LOCATION: DESCRIPTION: PROJECT NAME: Yachtman's Plaza 'John Pagliarulo Antonio Velardo U.S~ 1 at N. E. Corner 18 Stores and 18 Offices Discussion: NeighborhOod Str~ategy Area/Draft Final.Report