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Minutes 01-27-81MINUTES OF THE PLANNING & ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 27, 1981 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ronald Linkous Robert Wandelt Simon Zive Carmen Annunziato, City Planner ABSENT Sidney Bernstein (Excused) Chairman Ryder welcomed everyone and called the meeting to order a% 7:30 P. M. He introduced the members of the Board, City Planner and Recording Secretary. He acknowledged the presence of the City Manager, Mr. Peter Cheney. MINUTES OF JANUARY 13, 1981 Mr. Zive moved that the minutes be accepted as sent, seconded by Mrs. Bond. No discussion. Motion carried 6-0. ANNOUNCEMENTS Chairman Ryder stated on the agenda there is an important facility being unveiled tonight which appears at the end of the agenda. He would like to call the interest of those pre- sent to the matter of the new 55 acre County park, which will be great for the City and County. OLD BUSINESS Site Plan Approval Applicant: Location: Project Description: Burger King Corp. (Ramon Cue, Agent) S. E. 18th Ave. at U. S. 1, Southwest corner Restaurant and drive-thru facilities Chairman Ryder stated this application appeared before the Board at the last meeting and it raised several important questions. The proposed installation would appear on the westerly side of U. S. 1 and S. E. 18th Avenue directly oppo- site McDonald's and Wuv's. It would entaiI acquliring some 'of the property of Century Bank, which is largely their parking area now. Access to the bank is from S. E. 18th Avenue with no direct access from Federal Highway. This proposed develop- ment contemplated two additional curb cuts on Federal Highway and both are in close proximity to each other. In lieu of the MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 fact that we have something now which is apparently safe, this appeared to pose serious problems from the standpoint of the future. After discussion, it was decided it might be expedi- tious for the applicant to have a traffic impact study made. It was'the consensus of the Board that this was a serious thing to be considered and there should be some kind of pro- fessional backup. The applicant decided to ask that the matter be tabled, apparently on the basis that he will pro- ceed with having an impact study made. He asked if there was any change since the last meeting and Mr. Annunziato replied that all the items under Old Business should remain on the table. AppliCant: Location: Project Description: Century Bank, Inc. (J. Daniel Stephens, Vice President, Agent) S. E. 18th Avenue at U. S. 1, southwest corner Relocation of parking lOts to accommodate Burger King Development Chairman Ryder announced this was tabled because it relates to what happens with the Burger King application. Applicant: Location: Project Description: Howison Group for Lake Vista Townhouses East (Terry Howison, Agent) Rider Road at N. E. 7th Street Three Townhouses and Docks Chairman Ryder announced the applicant requested this to be tabled because of the fact he did not have the proper front setback requirements-and wanted to explore ~he matter further. Mr. Wandelt moved that all three items remain on the table, seconded by Mr. Zive. Motion carried 6-0. NEW BUSINESS Preliminary Plats Applicant: Location: Project Description: Santiago Malavasi S. W. 30th Ave. at Congress Ave. 14 Industrial Lots on 21.7 acres - Plat ~1, LawSon Industrial Park SUbdivision Mr. Annunziato informed the Board that this preliminary plat is for Lawson Industrial Park, an~industrial subdivision, lo- cated on South COngress Avenue at S. W. 30th Avenue. It was presented to the Board previously with a different configura- tion, but six months haw elapsed and the applicant had to re- apply and has a different configuration of the lots. He ex- plained the location and pointed out the buildings in the area. -2- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Annunziato stated this application was reviewed by the staff and 'the following memos were offered for the Board's consideration and comments. Mr. Clark listed the following comments: 1. Sidewalks are required on all streets. 2. A commitment must be made for direct traffic impact on Congress as per requirements of the County Traffic Engineer (see attached letter). 3. A commitment must also be made for the assessment made by the County Traffic Engineer for indirect traffic impact. 4. Street lights are required on the side streets. Mr. Annunziato continued that the Utility Department noted to stub out from Manhole #1 southward into the existing property and he explained that this suggestion is that a lateral be provided to'serve the property. Also, APC markers and clean- outs per City standards. The Police Department noted signal- ization on Congress Avenue when warranted and traffic signs. The Planning Department noted 7' Avenue to be d the cost of a Mr. Annunziato the County Tra a lot of issue following: "After rev following are 1. The de right-. 60 foo 2. The de share. S. W. warran office 3. The de' meetin~ traffi Fair Si nance of right-of-way on Congress edicated and the developer is to participate in traffic signal and bond the proportionate share. continued that he just received a letter from ffic Engineer, Mr. Charles Walker, which addresses mentioned by the staff. He then read the Jew of the preliminary plat and plans~ the ~ecommended: ~eloper dedicate an additional seven feet of Df-way along Congress Avenue, providing for a ~ half right-of-way, as appropriate. ~eloper shall be responsible for a pro rata Df the cost to install a traffic signal at 30th Avenue and Congress Avenue if and when ~ed as determined by the County Engineer's 'eloper shall contribute toward the cost of this project's direct and identifiable impact in accordance with Palm Beach County are Contribution fOr Road Improvements Ordi- 4o. 79-7. Following a review of Sheet 4 of 6, Paving and Drain- age Plan, the following are recommended: -3- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Se The construction of S. W. 14th Place to the south of S. W. 30th Avenue should align with existing S. W. 14th Place to the north. be Pavement marking configuration has been red-lined on the plan to show conformance with Palm Beach County Typical Drawing No. 7-75-037T (copy en- closed).'' Chairman Ryder questioned to what exten~ along Congress Avenue is the additional right-of-way to be dedicated and Mr. Annunziato replied from Canal 28 southward approximately 2,000 feet to accommodate the proposed bike path. Mr. Annunziato stated the overall staff recommendation is this preliminary plat be approved subject to the comments submitted. Mr. Santiago Malavasi, the engineer representing the owner, stated that he basically agrees with all the comments. The only one which he thinks is just a comment is the alignment of S. W. 14th Place. The reason they have a 15 ft. offset is to help Lot ~5 to give more frontage. They have made a detailed dra4ng of the intersection and have shown all traf- fic turns could be accommodated with the 15 ft. offset. Chairman Ryder clarified that he was not too happy about being requested to line up both sides and Mr. Malavasi agreed as it would create a handicap. Chairman Ryder clarified that it would cut down the frontage on 30th Avenue and Mr. Malavasi agreed., Chairman Ryder clarified that it would wind up with a dog leg. He understands that 14th Place is to be a City dedicated street and this is probably the reason for the con- cern on the part of the City. Mr. Malavasi stated in looking at the construction drawings, they will find it is a four lane street and not a standard intersection. Chairman Ryder stated if continuing straight on an easterly line of 14th Place, it would be below the center line of 14th Place on the other side. Mr. Malavasi agreed there would be a 15 ft. off- set. Mrs. Bond referred to there being a dividing median and Mr. Malavasi agreed and added that he did submit a blow-up detail showing all the traffic movements would work. He questioned the extent of the County Engineer's authority on City roads and Chairman Ryder replied that they can advise and we can consent. Mr. Linkous asked if Mr. Clark had ap- proved this and Mr. Annunziato replied that Mr. Clark has not had the benefit of reviewing this letter yet. Mr. Annunziato added %here is some direction in the subdivision regulations regarding design requirements for streets and he read the section pertaining to an intersection being as near as possible to right angles. Mr. Malavasi stated that an off- set is allowed to a certain extent and he thinks they have -4- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 shown in the drawings that a 15 ft. offset is not detrimental. Mr. Annunziato replied that he is not technically equipped to talk about an offset and suggests deferring this to Mr. Clark for a recommendation to be heard by the City Council. It is minor at this point. Mr. Malawasi stated he will be glad to comply with the other recommendations. Mr. Linkous questioned if the cul-de-sac having a radius of 150 feet would be adequate for large trucks and Mr. Malavasi replied affirmatively as the normal right-of-way is 100 feet and they want to be sure it is large enough for big trucks. Mr. Annunziato asked if the applicant concurs with the staff comments and Mr. Malavasi replied affirmatively. Mrs. Bond made a motion that the preliminary plat for the Lawson Industrial Park Subdivision at S. W. 30th Avenue and Congress Avenue be recommended with staff comments and Mr. Walker's letter. Mr. Annunziato added that in connection with staff comments, he recommends that Mr. Walker's letter be commented on by the staff. Mr. Linkous seconded the mo- tion. No discussion. Motion carried 6-0. Site Plan Approval Applicant: Location: Project Description: V. S. H. Realty (Cumberland Farms) N. W. 2nd Avenue at Fairlanes Bowling Complex Convenience Store & two rental stores Chairman Ryder~stated that he understands there are several people here from Leisureville which is immediately adjacent to this location which is actually in front of the bowling complex just east of Lund's Bakery and bounded on the east by Leisureville. Because of the interest that is shown here with regard to this, he would suggest that we get the feeling from the people who might want to address the Board on this matter. Mr. Annunziato informed the Board this application is to con- struct a commercial building just to the north of Fairlanes Bowling Alley. The major tenant would be Cumberland Farms. The building requires 17 parking spaces which are provided. This has gone through several changes and accommodations have been~made to staff consistent with the zoning regula- tions. The developer proposed to have curb cuts onto N. W. 2nd Avenue and circulation from 2nd Avenue onto the site. In his staff comment, he noted it is necessary to make connection from the driveway south of the building~ into the north/south driveway of the bowling alley to provide circulation for delivery trucks and trash collection trucks. It is shown as two private drives subject to an easement one way. This plan cannot work physically without this connection. -5- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Bill Selig, construction supervisor for Cumberland Farms, stated he has been going Over this for three months with Mr. Annunziato. They propose to cut a driveway from the back of the land to the bowling alley, which is subject to an ease- ment they are in the process of obtaining from the bowling alley. Chairman Ryder questioned why they don't have this facility at the present time and Mr. Annunziato replied that he is not familiar with the zoning code which preceeded 1975, but the new code requires an area for truck deliveries. Chairman Ryder clarified that they will discharge onto a pri- vate road which is the entrance to the bowling alley. Mr. Annunziato stated the fact they are purchasing property from the bowling alley people leads him to believe they can secure easements from these people. If they cannot make connections, this plan is not worth anything. Chairman Ryder stated that this is a permissive use in this zone. However, the use by this particular enterprise is a concern to him and the people in the immediate vicinity. Cumberland Farms, whether rightfully or not, seem to be re- lated to littering and loitering. There is one on the other end of Leisureville at Woolbright Road and 18th Street. When the bowling alley came in, it was quite a serious thing to the people in-the immediate vicinity and he understands it is still a serious thing because of the comings and goings at all hours. Cumberland Farms also has long hours. In the interest of the community, it is great where they are now. This is also on the way to school and kids will stop there for snacks and drinks and sometimes they get out of hand. He is not too happy with the exit because it will become a public street. Two curb cuts are proposed and presently across the street, there is only one. These two curb cuts will be in close proximity to an existing curb cut to the east of Lund's Bakery. These are serious movements with cars going in and out. At the bottom of the plan, there is an entrance from 2nd Avenue to the bowling alley which is set back. He ex- plained how the parking was laid out so the customers would park even closer to the residents. It would seem that a curb should be put up on that entrance so it is not used for park- ing for the full length of the store. Mr. Annunziato referred to there being curbing shown on the westerly side of the landscaping and Chairman Ryder clarified that it is talking about a Curb going.eastward to the fence. He explained how it appeared it would be easier for people to park in this certain area rather than in the parking area for Cumberland Farms. Mr. Selig disagreed and stated he does not think people would park in the bowling alley when they can park in front of the store. -6- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Zive referred to many big trucks using the road coming into Cumberland Farms to make deliveries and asked if they will build a strong enough road so it won't have to be fixed every month? Mr. Selig asked if he was talking about the road or the parking lot and Mr. Zive replied the road leading to Cumberland Farms. Chairman Ryder clarified that this is the present approach to the bowling alley. Mr. Zive stated that trucks coming and going into Cumberland Farms have a tendency to ruin the roads. Mr. Selig informed him that the State guidelines are followed on approach construction. Mr. Zive stated that his interest is that a strong road be built, so it will not have to be fixed every month or so. Chairman Ryder pointed out that there will be four curb cuts within 200 feet and Mr. Annunziato informed him that the Police Department suggested eliminating the westerly drive- way. Mr. Selig added that when he discussed this with Mr. Annunziato, they discussed closing one and moving the other one to the center not to interfere with the driveway from the bOwling alley. Mr. Annunziato informed him that the Police Department had not commented at that time. They feel a driveway should be located as far east as reasonable, so the people would not be willing to make a U turn. Chairman Ryder remarked that the people will make a U turn because there is an opening in the median. Mr. Selig informed him that the median is about at the end of the property line. Mr. Linkous asked if it would be feasible to shift it to the west and delete one and Mr. Annunziato replied affirmatively. Mr. Linkous suggested enlarging the other and Mr. Selig agreed and stated this is what he discussed with Mr. Annunziato.. Mr. Linkous clarified that this would settle the issue and Mr. Selig agreed. Chairman Ryder asked if the exit could go the other way to the west and Mr. Annunziato replied that they have no connection with the property owner to the west. The plan would have to be redesigned. That would require improv- ing property the owner is not involved with. MrJ Selig added that there are also power poles in that area. Chairman Ryder questioned the location of the dumpsters and Mr. Selig informed him they would be in the fenced area. Mr. Linkous clarified that one driveway could be eliminated to the west and 34' would remain for the other driveway and Mr. Selig agreed this would be adequate. Mr. Annunziato recommended that the driveway not be more than 30' wide and Mr. Selig agreed that 30' would be sufficient. Mr. Annunziato clarified the Police Department's recommendation was to eli- minate one driveway with the remaining driveway being 30' -7- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Annunziato referred to the staff comments and read the following listed by the Building Department: Small overhang in back two corners of building over- hang into the setback. e The parking requirement is 17 spaces, if two stores marked "rental" are used for general business, and not a meat market. The restrooms in Cumberland Farms' layout do not meet the handicap code requirements. 4. The ~plans do .not locate the handicap parking sign. The signs indicated on the mansard are too large a size. Permitted use would be 26 square feet,.per rental store and 46 square feet for Cumberland Farms. 6. Department of Transportation turn-out permits required. 7. Board of Health approval required. Mr. Annunziato continued that the Utility Department noted there is an existing manhole and lateral in the southwest corner and that is in an existing easement and there should be a sewer cleanout. The Police Department noted to eliminate the west drive. The Planning Department noted subject to connecting the south drive to the north/south drive in the bowling alley and sodium vapor lamps are recommended for parking lighting. The overall recommendation is approval subject to comments. Mr. Wandelt questioned the area to the west which indicates 56 feet and in that 56 feet, there is 35 feet for parking spaces and Mr. Annunziato clarified that this is 20 feet leaving 25 feet for maneuvering. Mr. Wandelt asked where the trucks will park to unl~d and Mr. Annunziato replied in the rear of the building. Mr. Wandelt stated that he has been located next to a Cumberland Farms and the trucks unloaded in the front and cars could not get into the shopping center. He does not believe there is enough room. Mr. Selig stated that sometimes trucks do pull in and make a fast delivery and they are not there that long. They have talked about moving the doOr from the side to the back, so there would be no occasion to park in the front. The door would be in the rear.- Mr. Wandelt stated they should load and unload in the .rear of the building, but the one he is familiar with, they never did. Mr. Selig stated that he cannot control what the truck drivers do. -8- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Selig continued that he will recommend to the Sales Department to put up signs and tell the truCkers to unload in the rear. That is all they can do. They cannot control the outside vendors. Chairman Ryder referred to not ordinarily having an alley and stated they will use this for a means of exit. What they are trying to do is make it appear it is on a corner. Chairman Ryder announced at this time, he will entertain hearing any comments from anybody in the audience. Mr. George Thomas, President of Building F, stated that he lives in the building bordering the property in question to the east. At present, they are now bothered by the bowling alley, which is giving them considerable problems. One of the diffiCult things about enterprises under C-3 zoning is that fast food and convenience stores are permitted which attract the type of enterprise subject to littering, noise, loitering and general downgradiRg of the neighbors next to it. They have begun to see this developing month after month in 'the bowling alley area. The bowling alley has a limited supply of food and drink for their patrons and it is not on the scale which they 'would see with Cumberland Farms. Even it has given rise to littering of their pro- perty to the east to the extent that they have people taking away bags of bottles and cups left at regular intervals. The fenCe has been destroyed between them. They have every reason to expect much of the same element which now patron- izes the bowling alley will also be patronizing Cumberland Farms. He is talking about young people and children who will stop in to satisfy a quick hunger and throw papers on that property as well as on their property. In talking about trucks, they will deliver in the wee hours when the people in Leisureville Will just be getting to sleep after having difficulty getting to sleep from the noise at the bowling alley. This type of enterprise can be seen in any blighted area of urban centers of the country where there is no concern for the neighbors, which is characteristic of this type of enterprise. It disheartens the businesses nearby. The other businesses tend to leave and go to other areas not burdened with this type of problem. It is said this will be the center of Boynton Beach in years to come and he can only foresee the growing blight which will have a negative effect, which started out to be a credit with the construction of Leisureville. It is already becoming a black mark at that end of town with the bowling alley. If these properties were taken by professional people with decent hours, it would not be so bad. This will take up Cumberland Farms and two rental stores and might turn out'to be an enterprise even worse. -9- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Thomas continued th~ they have some rights as solid citi- zens of Boynton BeaCh. They have supported the town and have brought many benefits. It seems letting this enterprise among them will further increase the difficulties they are now suf- fering and it is unfair. It seems they should have better protection in a situation of this type than they are permitted to have because of the existence of a zoning law. If it must come, they would like to ask this Board to influence the enforcing of strict controls as well as minimizing the nega- tive aspects of this enterprise. He is talking about strict cOntrol on noise, complete policing of property to prevent litter, strict monitoring of loitering, and doing all which can be done~to buffer well the effects from the residential community. He represents many of the residents and is sure others will echo the same general objection. They very much object to the permitting of this enterprise. Mr. Ben Adelman stated that he lives in F Building and seconds everything which Mr. Thomas has said, because it is exactly the way they feel. He went across the street to check the Cumberland Farms Store. He saw at least 1,000 beer can tabs pressed into the asphalt parking area with candy wrappers laying on the parking area. In the rear of the building, it was worse than a pig sty. The people in his building would be looking at that situation all the time. They don't keep the outside of the store clean. He thinks this same situation is found at any of these type of stores. He would hate to live overlooking that situation. They have lost value on their homes because of the bowling alley and this wOuld have the same result. Mr. Wandelt stated we cannot dictate what can be built. Chairman Ryder commented that the chances of policing are remote. Attempts at other Cumberland Farms have not been too successful. It is true that stores are permitted under the present zoning, but it is unfortunate there isn't a better transition between C-3 and the residential category to the east. This enterprise is not a 9 to 5 business. The hours are long. It is a matter of policing and clean- ing. It would appear to him, in the interest of the com- munity, that we have to give some consideration to this fact. Regardless whether it is a permitted use, it is a unique use because of the attendant problems it brings. He is concerned about the parking. Spaces are now delineated toeing into the present fence on the easterly side. He thinks it would be too easy for too many people to go in there which puts them in Closer proximity to the develop- ment. It would appear that should be corrected. He sug- gested possibly curbing it for the depth of this property, -10- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 so there is no provision made there for parking. He is not too happy with the exit because it brings activity closer to the housing development. We are faced with a problem where apparently there are no legal objections, but there are other objections'which he thinks are very realistic. The bowling alley has posed a problem and will continue to do so. The concern is the problem will be aggravated by the addition of Cumberland Farms, which he thinks is a realistic prospect. Mr. Annunziato referred to the suggestion of curbs on the bowling alley property and stated we cannot require this developer to install those. Mr. Selig agreed they cannot go on another property. They will have adequate parking on their property. Mr. Selig then clarified that deliveries are not made at night. The hours are from 7 to 10. People do not go into the store once it is closed for the night and make deliver- ies. Beer trucks come in once a week to ten days to make deliveries and are not in and out like flies. As far as cleaning the property, he has 65 stores in the Orlando area and none look like a pig pen. The store across the street from this property is rented and they are not liable for the outside of the building. They have no occasion to go out in back of the store. If there is a dumpster, that is where the rubbish is put. There is usually a problem with neigh- bors coming in and putting their trash in the dumpsters. Their stores are not dirty. Kids will throw papers and grownups wii1 throw bottles and cans. There are thoughtless people at any store. There is no way to control that. They cannot control people's actions. No matter what kind of store, it can be cleaned up and a little while later, it is littered again. Chairman Ryder stated'this proposal is something which will be a disturbing aspect on the immediate community. It is not here now. Across the street, they are separated from it. Coming with this kind of operation immediately next to the residences poses a problem. Mr. Selig told about a lot of their rental stores being rented by doctors, lawyers, beauty parlors, etc. They are particular who they rent to and must abide by the zoning uses permitted. The City must issue occupation licenses. He does not see anything wrong with a convenience store. A convenience store is for the convenience of the people. This is not an eating establishment. It is a grocery store. Beer is there for the convenience of the customers who want it. It is up to the public to take care of the outside and keep it clean. MOst of the stores only allow two students at a time and have signs against loitering. Chairman Ryder remarked that they are setting the stage for these things to happen. -11- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Annunziato asked the applicant if he concurs with the staff comments and Mr. Selig replied that he will go along with them. Chairman Ryder referred to the curb cut and Mr. Selig stated that he approved that and will go along with one curb cut to the east and the driveway coming to the street. Chairman Ryder asked if anything could be done about the parking and Mr, Selig replied that he has nothing to do with the parking in the bowling alley. Chairman Ryder commented that the people will still park at the bowling alley and Mr. Selig asked why anybody would walk 10D feet from the other side of the driveway when they can park in front of the store? They cannot control parking on the bowling alley property. The driveway will be used for~truck access. Mr. Thomas stated these convenience stores are of very little interest to the residents of Leisureville, as they have ample time to figure out their shopping requirements and take care of it during the day. If it is a benefit to Leisureville, it is too dear a price to pay. If any significant number of Leisureville residents patronize this store, he will be sur- prised, especially with the blight it will bring. Mr. Winter stated that inasmuch as it falls legally into the C-3 category, he moves that the site plan for V. S. H. Realty for Cumberland Farms and two rental stores be approved sub- ject to staff comments. Mr. Linkous seconded the motion. Mr. Annunziato clarified this was with the understanding the easterly driveway can be up to 30 feet in width and Mr. Linkous replied that he presumed this was meant with the staff comments. The driveway to the west will be deleted. Under discussion, Mr. Linkous stated that he agrees with Mr. Adelman and Mr. Thomas. He has one such store and has had complaints. They have hired a fellow to clean once a week and have put out trash cans. Mr. Selig stated that they do hire men to clean the stores, but told about difficulty keeping them. He is not too familiar with this area, but will guarantee they won't see any stores in the Orlando area like those commented on tonight. A rental store is something else with a landlord taking care of the outside. Chairman Ryder asked if they own the store across the street from City Hall and Mr. Selig re- plied affirmatively. He assures the people that these com- ments will get back to the main office tomorrow. Mr. Adelman added that he has no reason to doubt Mr. Selig's remarks. He remembers four years ago when the representatives for the bowling alley made all kinds of promises. Everything they told the people has been violated by their actions. How do they know Mr. Selig's comments will be observed? He would like to see some restrictions put on the approval. To be a convenience to a lot of people should not be an inconvenience to the residents. -12- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Chairman Ryder stated he is finding it hard to reconcile the overwhelming concern of these people. He knows what happened with the bowling alley. He finds it difficult to go along with something like this knowing what will happen. He does not.think this is the right place for this kind of operation. He thinks we have to think very carefully about the effect on the people who have been living here for many years. He Would hate to inflict something like this upon them. Chairman Ryder then requested Mrs. Kruse to take a roll call vote on the motion: Mr. Linkous - Yes Mrs. Bond - Yes Mr. Winter - Yes Mr. Zive - Yes Mr. Wandelt - Yes Mr. Ryder - No Motion carried 5-1. At this time, Chairman Ryder welcomed Councilman and Mrs. deLong, Councilwoman Woolley and Mayor Harmening. Applicant: Location: Project Description: H. L. Kahlert for the Board of County Comm. Between 1-95 and South Tech, South of LWDD Canal 28 Boynton Beach Regional Park Mr. Annunziato stated for several years, we have been waiting for a development plan for this ~55 acre park. He then went briefly over the history of this acreage. This plan answers a lot of active recreation concerns expressed, but this park will not serve only Boynton Beach. It will be open to County residents. He then oriented the location of this site and pointed out the locations of the various facilities. Mrs. Bond referred to four baseball fields with concession stand and asked where the parking would be for these four complexes and Mr. Annunziato pointed out the area for park- ing and also overflow parking. Mr. Annunziato then read the part of his memo covering the proposed usages: "On January 14, 1981, an application for site plan appro- val for the above mentioned regional facility was submitted by H. L. Kahlert, County Engineer for the Palm Beach County Commission. The application provides for the construction of: -13- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 A baseball diamond complex which includes two soft- ball fields, one little league field, one major league field and one concession stand with a press box on the second story. A court complex k~ich includes four tennis courts, sixteen back-to-back racquet ball courts, four basket- ball courts and a clubhouse/pro shop. 3. One 20 station heart course. An improved bike trail system with a pedestrian bridge connecting the park to S.W. llth Street. 5. A picnic area with shelters. A four acre lake with no boating connection to Lake Worth Drainage District Canal #28. "Access to the site is via S. W. 30~h Avenue thru the South Technical Education Center and S. W. 35th Avenue. Parking for the facility will be of three types - paved, overflow field parking and isolated picnic table parking." Mr. Annunziato asked if the applicant's representative, Mr. Wilshire, had any comments. Mr. Wilshire first introduced three members of the consulting firm who prepared the plan. He stated in Mr. Annunziato's comments, he left out the athle- tic fields. He also mentioned shelters, but actually there will be one ~shelter as most of the picnicing will be in the pine area. The one shelter overlooks the lake. Mr. Wilshire referred to the staff comments and stated basic- ally, he has no problems with them. In reference to the first comment regarding annexation into the City, with the approval of this project, he will go back and present it to the Board and they will be seeking the parcel to be annexed into the City. The Board is waiting for approval of the plan. Mr. Winter referred to parking for the tennis courts and Mr· Wilshire replied that it is included. Mr. Winter questioned if there would be arrangements for additional tennis courts? He added that he thinks the original plan called for about twelve courts. Mr. Wilshire informed him that the City has a park across the street where they have proposed a tennis center. They do not want to overlap facilities. He thinks Mr. Frederick is trying to promote a tennis club atmosphere and they don't want to interfere. Mr. Annunziato added that these facilities have been planned in response to the City's concerns. These proposals are to compliment the City's park. He then pointed out the location of the 30 acre proposed City park. The City's intent is that the County not provide facilities conflicting with our proposals. -14- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mrs. Bond asked who would maintain this park and Mr. Wilshire replied that the County will. Mr. Linkous asked if this is the same tract of land alluded to a year or two ago for the ball park and Mr. Annunziato replied affirmatively. Mr. Winter comment-ed that he saw plans for this tract of land about seven years ago. Mr. Annunziato continued with reading his memo in reference to staff comments: "On Tuesday, January 20, 1981, the Technical Review Board met to review this application and via this memo submits their comments in unison .through the City Planner. The comments are as follows: 1. In order to adequately serve this project, the staff strongly recommends that the south 7+ acres be an- nexed into the City. This recommendation is consis- tent with the Palm Beach County Comprehensive Plan Intergovernmental Coordination Element - Goal 1, Objective 4, as follows: 'Palm Beach County shall cooperate and encourage the annexation of unincorporated enclaves consis- tent with planning principles and the require- ments of Chapter 171.042 and 171.043 Florida Statutes.'; 2. It-is recommended that high pressure sodium vapor lamps be utilized for roadway and parking lot light- ing as opposed to mercury vapor lamps; 3. It is recommended that security lighting be provided on the bike path in the northern section of the pro- posed park to include the pedestrian bridge; 4. A permit from the South Florida Water Management Dis- trict is required for on-site drainage purposes; 5. Collection of trash and garbage will not be performed by the City as the County Parks Department provides this service; 6. Easements are required for on-site water lines which are 6" or greater in diameter to include the fire hydrants; 7. Calculations for fire flow and domestic use are re- quired; 8. All on-site sewer systems up to the force main tie-in are to be considered plumbing and maintenance of these facilities will be by Palm Beach County; -15- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 9. No parking criteria exists in the Zoning Ordinance for uses of this type. In instances such as thisr parking requirements shall be determined by the City Council after review and recommendation by the Plan- ning and Zoning Board. The applicant has submitted a detailed use-oriented parking allocation schedule which provides for 447 paved and 401 overflow parking spaces. It is staff's recommendation to the Board that the schedule submitted be accepted and recom- mended to the Council for required parking purposes; and, 10. It is recommended that Palm Beach County study the need and timing for signalization on Congress Avenue at both entrances to the park. It is further recom- mended that this study be submitted to the City for analysis and review prior to the issuance of permits. "The overall staff recommendation is that this application be approved subject to the comments listed above." Mr. Wilshire stated they have no problem with everything on here. In reference to Item 3, their feeling on security lighting is to not light an area not being used and the pic- nic area will be shut off. They have no problem with this and will install security lighting as requested. Mr. Wilshire advised that a permit from the South Florida Water Management District is in the process right now, but they need a letter from the City addressing that the City can provide water and sewer. Mr. Wilshire continued that they have no problems with Items 5 and 6. They have provided a letter to Mr. Cessna calculat- ing the flow. Mr. Wilshire then referred back to Item 2 concerning sodium vapor lamps and stated they are providing security lighting in the park. The lighting on the ball fields will be done with natural light. Their feeling of mixing two lights is that the result is harsh.and will be detrimental. People come to a park to get away from the things they find in neighborhoods. They are providing subdued lighting. They think the type of lighting provided by sodium vapor is ob- .trusive. They understand the City is promoting sodium vapor lighting to save money. Their consultants agree that the installation would be considerably less, but have found the actual cost of running the light will be more. It will be $1,000 to $1,200 more per year. It is self-defeating the energy conserving purpose. He explained how the architects have done a landscape plan for a park rather than for a sub- division. They think this item will take away from the aes- thetics of the park. To bring sodium vapor into a park is not needed. He associates them with crime lights. -16- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Annunziato agreed there has possibly been a certain stigma that sodium vapor lights~ connotate crime. He thinks there will be massive plans with Florida Power & Light Co. to change from mercury vapor to sodium vapor. Up until right now, he has been led to believe that sodium vapor were more efficient. However, if Mr. Wilshire has some evidence which renders that incorrect, he would cer- tainly be willing to listen. He believes it is contrary to what Florida Power & Light Co. is reporting. Mr. Wilshire clarified that whether it is a $1,000 saving or not, he feels it is objectionable towards the aesthetics on this site. He does not feel it will look right with having white material on the ballfields and having yellow lights in the parking lots. Chairman Ryder stated since the County is going to pay for it and maintain it, he thinks we must put some weight on this fact. Also, possibly they do not save energy. He doesn't think this is a matter which will break or make this park. Mr. Winter suggested..this be eliminated from the staff com- ments and Mr. Annunziato stated that he preferred to have Mr. Wilshire submit evidence and show the lighting proposed will be less E~xpensive. Mr. Wilsh~re stated that the aesthetics must als~ be considered. Mr. Annunziato commented that the aestheti¢:s may be over-emphasized. He would like to have this deferred~ It can be' forwarded to the Council with the recom- mendatioi to address at that time. Mr. Wilstire clarified that they agree with additional light- ing. It has been their philosophy not to light an area they don't us~ at night and that area will be cut off. The courts and athl,!tic complexes will be lit at night. When lighting the picn.c area, there may be complaints from Golfview Harbour. Mr. Annu~Lziato questioned how the picnic area would be cut-off and Mr. rilshire explained that it will be cut off to vehicular traffic ~nly. Mr. Annunziato stated that the bike paths will remain o~,en. Mr. Wilshire pointed out that they have tried to buffe~~ Golfview Harbour with putting the active area on the other si~.e and they hope the City will back them up if there are comp].aints about the lighting in this area by Golfview Harbour. Mr. Linkcus asked if there are going to be restrictions as to time and in the future, will there be fencing and Mr. Wilshire replied that there will be a chain link fence along the South Tech border, there are canals to the north and south, there will be timber fencing along the west portion and the railroad has fence along it. Also, some berming and landscaping will be added. -17- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Wilshire referred to the hours and explained that the normal park hours will be extended in the evening until about 10 or 11 o'clock to accommodate the ball games. He doesn't think there will be objections to the night use since it is located by the school and industrial area. Chairman Ryder questioned the status of taking bids, funding and estimated cost and Mr. Wilshire informed him that the budget set aside was approximately $2,000,000. The consul- tants are tightening down the drawing right now. They hope to have everything together and get out for bid by March. They estimate the bidding process will take a month or so. It will require about nine to twelve months in construction. Chairman Ryder asked if the design consultants will handle the construction and Mr. Wilshire explained that it is nor- mally handled by the County Engineering Department, but this has not been decided yet. Mr. Winter asked if this area will be policed and Mr. Wilshire replied' affirmatively, by park rangers. He added this parti- cular park will be different than other parks with having the court complex. Chairman Ryder asked if this would be similar to John Prince Park and Mr. Witshire replied that John Prince Park is over 1,000 acres. This is almost a regional park and they envi- sion that it will serve Boynton Beach and areas of West Delray Beach. They think this will take the burden off Boynton Beach and the unincorporated areas. Mr. Winter commented that he still doesn't think there will be enough tennis courts and Mr. Wilshire told about addi- tional being installed at Lake Ida and stated they don't want to conflict with the City's plans. A gentleman in the audience asked if the baseball diamonds would only be single purpose fields and not used for soccer or other sports and Mr. Wilshire explained that the athletic fields are for football and soccer. The gentleman referred to over 1,100 kids being active in soccer in Boca Raton and commented that he hates to see baseball fields sitting idle. Mr. Witshire explained that the softball fields will be used daily, but the little league and major league fields will have seasonal use which is preferred to give the fields a rest. He added that a soccer field will be provided in Lake Ida. -18- MINUTES - PLANNING & ZONING BOARD JANUARY 27, 1981 Mr. Winter made a motion that the site plan for the Boynton Beach Regional Park proposed by the County located between 1-95 and South Tech, south of L.W.D.D. Canal 28, be approved subject to staff comments with the exception of #2 which is debatable for the lighting. Mrs. Bond seconded the motion. No discussion. Motion carried 6-0. ADJOURNMENT Mr. Winter made a motion to adjourn, seconded by Mr. Wandelt. Motion carried 6-0 and the meeting was properly adjourned at 9:20 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -19- DATE': January 27, 1981 7:30 P.M. PLACE: Council C?~ambers, City Hall PLANNING AND ZOblI~JG }.IOARD Regular t,~eeting 1. Acknowtedge]nent of ?~embers and Visitors 2. Reading. and Approval of ~,~inutes 3. Announcements ~ o Co~unica tions ~. Citizen's Awareness Presentation: None e Old Business: B. Site Plan Approval: 1o Applicant: Location: Legal Description: Project Description: 2. Applicant: Location: Legal Description: Project Description: 3. Applicant- Location: Legal Description: Project Description: '7. New Business Burger King Corp. (Rnmon Cue, Agent) S..E.18th. Ave.at US 1,SoW.Corner See Survey Restaurant and Drive-t. hru Facilities Century Bank, Inc., (JoDaniel Stephens, Vice'President,Agent) S.E. 18th. Avenue at US 1, S.W.Corner See ~urvey Relocation of Parking Lots to accon~odate Burger King Development Howison Group for Lake Vista Townhouses East (Terry }{owison, Agent) Rider. Rd. ~t N.Eo 7th. St., See Survey Three Townhouses and Docks A__ Preliminary Plats: 1. Applicant: Santiago Malavasi Location: SW 30th. Ave. at Congress Ave. Legal Description:See Plat Project Description:!4 Industrial Lots on 21.7 acre~ - Plat # I Lawson Industrial Parksub_division' PLANNING AND ZONING BOARD Regular ~.,ce t.zng 7'. New Business B. Site Plan Approval 1. Applicant: " Location: Legal Description: Project Description: 2. Applicant :. Location: Legal Description: Project Description: (Page 2) V.S.H.Realty (Cumberland Farms} " N.W.2nd. Avenue at Fairlanes Bowling Complex Acreage '- Convenience.Store & two renkal stores M.L.Kahlert for the Board of County Commissioners Between 1-95 and South Tech.,South of LWDD Canal 28. .. Acreage Boynton Be'ach Regional Park 8, Local Planning Agengy Meeting to review Neighborhood Strategy Area Report