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Minutes 01-13-81MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JANUARY 13, 1981 PRESENT Sidney Bernstein Lillian Bond Ronald Linkous Simon Ryder Robert Wandelt Garry Winter Simon Zive Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner Mr. Annunziato called the meeting to order at 7:30 P. M. He announced this is the first regular meeting of the Plan- .ning & Zoning Board scheduled for 1981. He welcomed the old members back and invited the new members to participate completely. ELECTION OF OFFICERS Mr. Bernstein made a motion for Simon Ryder to be Chairman of the Board, seconded by Mrs. Bond. Mr. Winter made a motion that nominations be closed. Mr. Annunziato announced that by acclamation, Mr. Ryder assumes the chairmanship. Mr. Bernstein nominated Mr. Garry Winter for Vice Chairman of the Board, seconded by Mr. Ryder. Mr. Bernstein made a motion to close nominations, seconded by Mr. Zive. Nomina- tion carried 7-0. Chairman Ryder commented that the members have made a fine choice in selecting Mr. Winter as Vice Chairman as he has been a member of the Board for many years. He feels it is a good choice to elect someone familiar with the operation. Chairman Ryder then welcomed everyone to the first meeting of the year and acknowledged the presence of Councilman Joe deLong and City Manager Peter Cheney. He welcomed the new Imembers and ±ntroduced the members of the Board and City Planner. Chairman Ryder referred to having a discussion with the City Planner and suggested that following the conclusion of the regular meeting, there will be a slight briefing for the new members. Letters of appointment have been sent and we will discuss the matter of attendance. The City Planner also sent a letter indicating the objectives of the Board which will be discussed. MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 ANNOUNCEMENTS Chairman Ryder referred to setting a date for the Local Planning Agency public meeting on the Neighborhood Strategy Area Report ~2 and explained that the members of the Plan- ning & Zoning Board form the Local Planning Agency. Previ- ously we had a public meeting on .the Neighborhood Strategy Area at which time the consultants introduced the problems involved and Report ~2 is now ready to be presented. Mr. Annunziato suggested that this public meeting be held on Thursday, January 22, at 7:30 P. M. in the Council Cham- bers. At that meeting, Report ~2 will be presented which is the consultants' definition of strategy for the Neighbor- hood Strategy Area. Prior to the meeting, the members will receive a copy of Report ~2. He would like the Local Plan- ning Agency to conduct this as a public meeting with listen- ing to the comments and information. On January 27, we will meet as the Local Planning Agency to discuss the comments made and decide whether to forward the report to the City Council. Chairman Ryder added that the first meeting covered the find- ings of the problems and indicated the results of some of the surveys. Apparently this report will include recommendations. Mr. Annunziato agr~eed that Report ~2 will include recommenda- tions and cost analysis based on reasonable funding levels. Chairman Ryder announced the meeting will be held on January 22 at 7:30 P. M. CITIZENS' AWARENESS PRESENTATION Chairman Ryder stated this was added last year with the objec- tive to bring the attention of our residents to some,of our important problems and the situations which we are faced with. He then requested Mr. Grabeel, the Assistant City Planner, to introduce our guest. Mr. Grabeel announced that tonight we have with us Mr. Irving Cure, Resident Manager of the Palm Beach County Transportation Authority. He then told about the City's efforts to cooperate with the County Transportation Auth- ority. Mr. Irving Cure referred to a greater dependency on public transportation and told about their plans for the bus system and mass transportation for the next ten years. He also told about accomplishments made by the bus system during the past two years. He also told about proposed plans for the Boynton Beach area and coordination with Broward and Dade Counties to provide complete tri-county ar~ transportation. -2- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Chairman Ryder clarified that they are finding that buses are being used more by the public and Mr. Cure agreed and added they have witnessed a 30% increase which they feel is a result of the quality of the fleet, reliability of service and the fares being reasonable. Chairman Ryder clarified that most of the movement is going north and south and Mr. Cure agreed and told about plans for express service on 1-95 for Dade, Broward and Palm Beach Counties. Mr. Annunziato referred to the City Council recently instruct- ing the staff to look into a trolley system similar to Lake Worth and asked if Mr. Cure cared to comment. Mr. Cure stated that Lolly the Trolley has been somewhat successful. He exPlained that the revenues are derived from advertising; however, he would not be surprised if a fare system is im- plemented. Their ridership overflows on some routes and they have asked the County Bus System to come to their aid, but they will not do this as long as it is a free system. Mr. Annunziato asked if it presented competition to them and Mr. Cure replied negatively and explained that it com- pliments their system. Mr. Wandelt asked if possibly Route 9 in Boynton Beach would become a two way route and Mr. Cure replied that it would if ridership increases and explained that he was not in favor of looped routes because of the time involved. Mr. Winter asked if they had thought of using the railroad tracks~ similar to a trolley system, running north and south and use the bus system for east and west? He added that the Atlantic Coast Line is only used about six times per day and explained how it would be almost perfect with no traffic problems, etc. Mr. Cure informed him this has been discussed on a couple occasions, but the railroad is not in agreement. Mr. Bernstein asked if bus schedules are available from his office and Mr. Cure replied affirmatively and also from City Hall. READING AND APPROVAL OF MINUTES Mr. Bernstein moved that the minutes of December 9 be ap- proved, seconded by Mrs. Bond. Motion carried 4-0 with the new members abstaining. NEW BUSINESS Preliminary Plats -3- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Applicant: Location: Project Description: F & R Builders (Santiago Malavasi, Agent) Bordered on the South by Boynton Lakes Plat %1, the East by the E-4 Canal, the North by LWDD 19 and the West by Congress Avenue 295 units on 59.8 acres, Boynton Lakes Plat %2 Chairman Ryder informed the members this is a development on the east side of Congress Avenue between North 22nd Avenue and Hypoluxo Road. Mr. Annunziato stated that this prelimi- nary plat is for Phase II of F & R Builders Boynton Lakes development. This was rezoned to PUD consisting of 1,050 units with approximately 90 single homes and the remainder attached townhouses. Plat %2 is the second phase of this development and provides for the construction of 295 units. Mr. Annunziato referred to this plat consisting of several sheets and explained that Page 1 contains the plat documen- tation. Page 2 shows the plat divided into many tracts, lots and blocks which signifies the property will be sold as a fee simple development. The remainder of land in Tract A is common land to be owned by the homeowners altogether. Boynton Lakes Boulevard is a public right-of-way to be dedi- cated to the City. The utilities will be constructed in this boulevard with two lanes of traffic plus a bike path and drainage. Page 3 is that portion of the plat which lies to the east of Boynton Lakes Boulevard and shows Tract I, which is the lake. This development is being built at the density of 4½ units per acre. By grouping the units, the result is savings in utilities and large open areas for recreational use and aesthetics. Mr. Wandelt asked if the lake is going to be dug and Mr. Annunziato replied affirmatively.and it will be dedicated to the homeowners association for maintenance. He ex- plained how the lake will serve three functions of drainage, aesthetics, and fill for the development. Mr. Annunziato continued that Page 4 goes further north from the last page to east of Boynton Lakes Boulevard where there is a 75 ft. easement for the LWDD L-19 Canal. The E-4 Canal is also dedicated on the east side of the plat. All these dedications have been coordinated with the Drainage District. Chairman Ryder asked if there are any stipulations from the Technical Review Board and Mr. Annunziato replied affirma- tively that the private streets are to be constructed to City standards, but will be owned by the homeowners. He pointed out that Mr. Cessna noted that Tract Y, which consti- tutes all the private states, should be dedicated as a uti- lity easement as we will have utilities in Tract Y. -4- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Bernstein referred to Boynton Lakes Boulevard exiting onto Congress Avenue and asked if this would be the only exit and Mr. Annunziato replied affirmatively and explained that it will terminate at Hypoluxo Road. He added there is another right-of-way planned separating the commercial tract from Boynton Lakes. There will only be two curb cuts onto Congress Avenue from this development for Boynton Lakes. Mr. Linkous asked if the main boulevard separates Phase I and II and Mr. Annunziato replied that part of Plat #1 lies to the north of Boynton Lakes Boulevard and pointed this out. Chairman Ryder advised that in considering Plat ~1, the ques- tion came up regarding a clubhouse and subsequently the development was approved on that basis with a clubhouse being added which will be available to both plats. Mrs. Bond referred to the widening of Congress Avenue and Mr. Annunziato informed her that at the time of rezoning to PUD, the applicant agreed to provide a one lane mile of Congress Avenue. It is the applicant's responsibility to construct Congress Avenue from Canal 18 to Canal 19 in a four~ lane section. At the time of zoning, the applicant agreed to provide surety at the time of approval to Palm Beach County which has been set in the amount of $225,502. The bond amount associated with this plat to the City is in the amount of $909,000 for construction of sewer, water, paving and drainage improvements. Mrs. Bond referred to the street exiting onto Hypoluxo Road and asked if there would be a problem of traffic there and Mr. Annunziato informed her that Hypoluxo Road is planned to be improved by Palm Beach County. He explained the impact associated with constructing the one lane mile of Congress Avenue was connected with the impact of this development. The developer will be responsible for turn lanes at Hypoluxo Road. Mr. Bernstein asked if the developer is going to build bridges over any.of these canals and Mr. Malavasi explained that they plan to provide culverts over any canal crossings. Mrs. Bond referred to canals becoming overgrown and asked if it would be the responsibility of the homeowners association to keep the canals clean and Mr. Malavasi replied negatively and explained these canals come under the Lake Worth Drainage District's responsibility. Chairman Ryder added that very often canals are not under the jurisdiction of the Drainage District, but these are clearly labeled and are definitely the responsibility of the Lake Worth Drainage District. -5- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Wandelt questioned why culverts were being put in opposed to bridges and Mr. Malavasi replied this was required by the Lake Worth Drainage District. Mr. Wandelt stated if these canals become navigable, it will restrict small boat traffic and Mr. Malavasi informed him that 80% of the system has cul- verts. Mr. Bernstein asked what other communities will be served by Boynton Lakes and Mr. Malavasi replied none. Mr. Bernstein questioned why the City should take over the responsibility of Boynton Lakes Boul'evard and Mr. Annunziato explained that it will be a local collector street. He added that generally speaking the major roads should be public, so the City can provide bus routes, bike paths, etc. Basically a road such as this serves more of a public function. Chairman Ryder asked if Mr. Malavasi was in agreement with Mr. Annunziato's memo and Mr. Malavasi replied affirmatively. Chairman Ryder asked if he was in agreement with the stipula- tions of the Technical Review Board and Mr. Malavasi replied affirmatively. Mrs. Bond made a motion that the preliminary plat for Boynton Lakes Plat #2 be approved with comments, seconded by Mr. Linkous. Motion carried 7-0. Applicant: Location: Project Description: Summit Associates, Ltd. (Conrad Schaefer, Agent) Coconut Lane at Summit Boulevard 176 units on 28.9 acres, Plat of Westgate at Hunters Run Chairman Ryder informed the members that thiS is an additional POD for Hunters Run. Mr. Annunziato gave the historical in- formation about the pattern of this development. He referred to various PODs being developed and distributed a status re- port covering the whole development. He advised this prelimi- nary plat picks up part of POD B, part of POD C and approxi- mately one half of Summit Plat ~2. This plat will provide for the construction of 176 units on 28.9 acres, which is below the density which this POD was approved at. The land is being developed somewhat different than the master plan and he explained the land configurations and added the number of units has been far less than approved. He explained the ad- joining areas. There are no lots designated since these are condominiums. The plat takes the aspect of a boundary plat with roads shown. These roads tie into additional roads which appear in the Plat of Stratford. Easements are shown covering sewer, water, paving and drainage facilities. Lakes have been set aside in tracts with the proper dedications made. A com- plete set of development plans also accompanies this plat docu- ment. -6- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Chairman Ryder asked if the Technical Review Board has given approval and Mr. Annunziato replied affirmatively and stated it was reviewed and forwarded with no comments. It conforms to specifications. Mr. Linkous made a motion that the plat be accepted as pre- sented, seconded by Mrs. Bond. Motion carried 7-0. Site Plan Approval Mr. Annunziato explained the site plan approval procedure for the new members' information. Applicant: Summit Associates, Ltd. (Charles Gilbert, Agent) Location: Coconut Lane at Summit Boulevard Project Description: 176 Units on 28.9 acres, clubhouse,pool and lakes Mr. Grabeel informed the members this is the Westgate section, essentially Tract C and the west tract of B. The zoning is PUD. The area is roughly 26 acres. The density is around 6.7 dwelling units per acre which is compatible with the adopted master plan. There are five unit types utilized in Hunters Run. Parking has been computed at 352 spaces based on two per unit. There is a community building in this area with a pool. He then referred to parking requirements for recreational buildings being recently adopted and explained the requirements. He advised the requirement is computed at 18 spaces for a total of 370 spaces required. Mr. Charles Gilbert, the architect, stated they have been planning this tract for quite awhile and now understand parking places are required for the community building. With approximately 80% of the residents at Hunters Run being snowbirds, there is always ample parking. When in- formed of this new ordinance requiring 18 additional spaces, they were surprised. Right behind this building, there is a wooded area which they don't~'.want to destroy as it is a beautiful stand of Pine Trees; however, in the section of the maintenance compound, there is a 32 car parking area which is right behind this building. It seems a shame to create approximately 6,000 square feet of black top when the 32 car parking site is setting there. He then submitted a drawing showing this location. Chairman Ryder asked if this building would be used primarily by the people in Westgate and Mr. Gilbert replied affirma- tively as each tract has one community building. -7- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Gilbert continued with pointing out that these 32 spaces are well located to be used for this building. To take out more trees and create more blacktop is a shame. Chairman Ryder asked if this maintenance compound is used for the storage of maintenance vehicles and Mr. Gilbert replied nega- tively and explained it is a parking area for people working there who won't be there in the evening. He suggests this would be a way to handle this situation. Mr. Annunziato stated that he thinks the solution being offered may eventually be a reasonable one, but is not one the Board can address. That parking was approved as part of the maintenance compound to provide parking for the workers. He believes there are four workers' units located there. Our zoning code prevents double counting parking, even if there is a time delay between one use and another. This application can be tabled or withdrawn and the appli- cant can seek modification to the maintenance area compound to the extent that parking be removed from that site plan. He could then come back with a new submission for Westgate showing those parking spaces as part of this plan. The way it stands now~ we cannot address improvements not part of what is before us and cannot borrow something which was previously approved. Chairman Ryder clarified that this proposed parking is across the road and Mr. Gilbert agreed but just 100 feet away. Mrs. Bond asked what would happen to the parking area for the work- ing people and Mr. Annunziato replied that the impact on the employees will not be known until a request for a modification is considered. He thinks those 32 parking ~spaces will be used by the workers needed for a large country club. We cannot act on this request right now. We can make a recom- mendation that 18 parking spaces be provided in close proxi- mity to the community building. The solution may be a good one, but we cannot address it at this time. Chairman Ryder stated that he doesn't think the solution is good because a road must be crossed for access to the building and Mr. Gilbert replied that crossing a road should not matter be- cause it is done at the large clubhouse. Mr. Gilbert stated they will get the additional 18 spaces. Mr. Annunziato clarified that Mr. Gilbert is removing from discussion the securing of parking spaces from the mainte- nance area. In approving subject to staff comments, it will bind the developer to find spaces in close proximity to the building. Mrs. Bond asked if plans will be submitted show- ing the location of the additional 18 spaces and Mr. Annunziato replied that the Board could require this. He is sure if it is approved subject to staff comments, those parking spaces will be there prior to the permit being issued. -8- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Grabeel referred to the staff comments and read the Engi- neering Department noted paving and drainage plan as per the preliminary ~plat development plans; the Public Works Depart- ment noted to cc ment; and the PI required for th~ approval subject ordinate dumpster locations with that depart- anning Department noted 18 parking spaces are community building. The recommendation is to staff comments. Mrs. Bond moved Tract B2 of Hunt ments, seconded by Mr. Bernstein. that Tract C and the western portion of ers Run be approved subject to staff com- Motion carried 7-0. 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 Mr. Grabeel inf¢ King and Centur} rently. If the not approved, Bt then explained questions about Mrs. Bond asked will there be st Mr. Grabeel rep] zone is C-3 and one acre. The k King proposed a spaces and for will be required by S. E. 18th A~ to Century Bank Burger King off Chairman Ryder Federal Highway rmed the Board that the plans for Burger Bank will have to be considered concur- relocation of the Century Bank par~ing is .rger King will have no place to go. He he location. He asked if there were any the relationship of these two parcels. if the site for Burger King is approved, .fficient parking spaces for the bank and ied affirmatively. He continued that the the area for Burger King is approximately uilding area is 3,359 square feet. Burger 93 seat restaurant which requires 31 parking he number of employees, 12 additional spaces- · He then pointed out there will be access 'enue not only into Burger King, but through There is also access from the west into the bank's drive-thru teller access lane. eferred to this additio'nal access onto presenting increased traffic problems and explained. condition of in¢ area. He %'ould not be in favor of changing to the reasing traffic hazards in this congested Mr. Annunziato denied and advis page 2 of the pi relocation of t~ eferred to a curb cut onto U. S. 1 being ed that the curb cut had been modified on ans. The applicant has informed him this ~e curb cut now meets favorably with D.O.T. and will be permitted, but it appears to him that this curb cut will be in close proximity to the new proposed entrance to Century Bank. Mr. Tom Clark, City Engineer,has addressed~ the traffic and will explain his viewpoint. Additionally, we have no feeling of the impact this change -9- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 in development will have on the intersection of 18th Avenue and U. S. 1. We have done some studies in the past whether a traffic signal would be helpful. This is a proposal to add a 93 seat restaurant with drive-thru facilities and the impact should be measured with the intersection. Mrs. Bond commented that there is an existing median and with moving the entrance, it would create a problem with traffic coming south. Mr. Ray Cue, Site Development Engineer with Burger King, came forward and stated he would like to give the background on this project. For sometime now, Burger King has been trying to acquire a piece of property especially in this area. The location is ideal. About six months ago, they went into nego- tiations with the bank for the property where their parking is existing. Because of the design of the bank building and the entry, a series of restrictions was posed on them to build. The building will be about 95 feet away from the property line. He talked to Mr. Annunziato about four to five months ago and was told there would be no problems and they went ahead with negotiations to acquire the property. He also talked to D.O.T. and they did not think there would be any problems. About two weeks ago, he was notified that D.O.T. denied their request. Their biggest objection was people coming out the opening would have the tendency to cut on an angle to go north on U. S. 1. They have been able to shift the opening about 35 to 40 feet south to meet their requirements. He told about the D.O.T. process for appro- val. Chairman Ryder clarified that originally the opening was 25 feet south of 18th Avenue and Mr. Cue agreed and added that it has been moved 35 to 40 feet. Also because of the dis- tance of the building from the property line, he doesn't think there will be a backup situation going into the site. He explained that people generally drive in and park as close to the building as possible. Mrs. Bond stated that for people going north, they will have to make a U-turn to get into the restaurant and Mr. Cue disagreed and pointed out they can make a left turn onto 18th Avenue and enter from 18th Avenue. Chairman Ryder commented that there was nothing stopping them from making a U-turn to gain access to the property. Mr. Cue stressed that the price of the property is very high, but the location is ideal. He explained that based on experience and what is required for business success, they will have to have an opening into the main thorough- fare. If it is closed to U. S. 1, they will lose 90% of transient traffic. Based on the price of the property and cost of development, it will be a success with an entrance onto U. S. 1. -10- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Chairman Ryder stated the valid concern of the City is safety, which we have now. If they could use 18th Avenue like the bank does, there would be no problem; but if they are going to institute curb cuts into Federal Highway, it will aggra- vate the problem. Mr. Cue replied that he doesn't think the problem is as bad as he makes it seem. Because of the layout of the restaurant, parking lot and length of the property, there will not be this problem. Chairman Ryder explained how tourists would stop along the highway to make their deci- sion about pulling into a restaurant. Mr. Cue stated it will be worse if there is no access from U. S. 1 and ex- plained how there would be a hazard with people driving past and trying to get back. Mr. Bernstein questioned if this would create more problems with the number of restaurants in this area with curb cuts and Chairman Ryder-replied that the frequency of curb cuts must be considered. It is proposed to have one for the restaurant and then have one ten feet away for the bank. Mr. Cue added that he thinks it is more than 10 feet away for the bank and they have obtained approval for that curb cut. Mr. Annunziato explained how the problems have been compiled ix this area and suggested hearing from the City Engineer. Mr. Tom Clark stated when the Technical Review Board reviewed these plans, there was a lot of concern and he submitted a memo concerning the proximity of this entrance to the exist- ing intersection of 18th Avenue. It would not make a lot of sense to have an entrance so close to an existing street intersection. He agrees there may be some thru traffic that would not think to turn at the intersection, but there will be a sign there and the peoplewill find them. He does not think it is up to this Board to determine how much business they are going to get. Primarily the traffic problem should be considered to the extent that we get some way to evaluate the impact. He doesn't think the City should make a traffic survey, but the applicant should have a survey done with a traffic impact study to verify what he proposes is critical as far as his operation and what the impact will be on thru, local and bank traffic. In connection with this, it might be productive to also review the necessity for a traffic signal with this new impact. It can be projected what will happen based on the estimated traffic to this facility. There is nothing unique about what is being proposed, as service stations do have turnouts next to intersections. With more people coming here and more restaurants being built, we will have more traffic. When there is an exist- ing intersection serving a facility, he thinks it should be considered. If it takes a traffic study for an objective analysis, then the Board can request it to be prepared. It is recognized as a prOblem to have turnouts close to intersections. -11- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Chairman Ryder clarified there was the problem here of adding two curb cuts within ten feet of each other. He agrees a study should not be made by the City, but by the applicant. He is concerned because the bank will want access off Federal Highway, which they have been happy to do without. He be- lieves the present access should serve Burger King as well. Mr. Linkous asked if it would be feasible to make a dual entrance and Mr. Clark replied affirmatively. Mr. Linkous continued that it could be 40 feet instead of 30 and 10 feet. Mr. Clark added that if they would be satisfied with access from 18th Avenue, it would be better. Mr. Cue clarified that there i~ presently existing an open- ing from U. S. 1 going into the bank and they have been per- mitted to relocate that farther south. Chairman Ryder stated that it is not apparent that this is being used for a driveway and Councilman deLong clarified that there is a cut in the curb but it does not run into the parking lot. There is an exit only onto U. S. 1 from the drive-in. Mr. Cue stated in regards to a traffic study, he will have no problem getting a traffic study prepared. It will in- volve some expense from $1,300 to $3,000 and he would hate to spend that and then be denied. Chairman Ryder informed him there could be no guarantee that approval will be given. Mr. Cue stated if consideration could be given if they have an outside consultant do a traffic study on this location, the project would have some kind of approval based on that and Chairman Ryder informed him this could be tabled, so he doesn't have to make a new application on the basis that a traffic study will be forthcoming. Mr. Annunziato clari- fied that Mr. CUe wants assurance that Burger King will be permitted to have a curb cut on U. S. 1 if they go to the expense of a traffic study and Mr. Cue agreed, if that is shown in the study. Chairman Ryder informed him that this recommendation could not be made. Mr. Zive stated that the bank has only had an entrance on 18th Avenue and the bank and Burger King should be able to continue with this same entrance. This should be worked out with the bank. Chairman Ryder informed him that we can act only on what is presented here. Mr. Robert Walters, representing Century Bank and the firm of Lawson & Wedding, stated they plan to lease property to Burger King. There has been reference to two curb cuts, but the one for the bank will only be an exit. He ex- plained how there will be the same amount of traffic with some people turning into each restaurant. -12- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Councilman deLong explained how the traffic was congested in this area from McDonald's and Wuv's and how the new office building would increase this when completed. Chairman Ryder added that visibility is poor with parking along the curb too. Mr. Cue stated that he thinks Mr. Clark has been arbitrary. If they go ahead and submit a traffic study proving the traffic situation will not be as bad as has been said, they would like to have a conservation based on that. He then told how Burger King cooperates with community activities. He stressed that they will not began impact on this area. If he proves there won't be a problem, at least they should have the consideration that they Will have a chance of being approved. He would like the feeling that it will not be an arbitrary decision. If the people cannot get into their property from U. S. 1, they will go down the street to another place. They are willing to work with the City, but want a 50/50 situation with some consideration given. Mr. Peter Cheney came forward and stated that he is glad the developer is willing to work with the City. Since he has been in Boynton Beach, the greatest amount of discussion on traffic has been ~n this area Of Federal Highway. We have worked with the State regarding no parking. The State and County have reviewed this intersection and still have not solved the problem with patterns and traffic. There is also a problem with uedestrians c~ossing with businesses and shopping centers in this areal He cannot imagine any developer proposing in initially with a Century Bank not maki has discussed with Ce fic signal. He suspe a traffic signal, thi pay for that signal. cil will be to have participate in it. performed studies on that the price they lot of traffic and Bu fic. If it iSn't don ally be problems. He should insist on atr we cannot give a guar building at this site without coming raffic analysis. He cannot imagine ng this suggestion. He knows the City ntury Bank the possibility of a traf- cts if it~is concluded there should be s developer pr the bank will probably His recommendation to the City Coun- traffic study done and the City will he Departmen~ of Transportation has this area. Mr. Cue has indicated re paying fo~ the land will demand a rger King usually has a lot of traf- e ahead of.time, there will continu- thinks this Board or the City Council submitted Obviously, affic study being antee of approval. Money must be spent as it is the price to do business. The City is not concerned about the price paid for the land. Some other developer may come along~and not generate this same amount of traffic on what is now a nice looking corker. -13- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Chairman Ryder clarified that the alternatives for both appli- cations is they be denied or tabled on the basis of a traffic study being done. Mr. Cue asked ~f the application is denied, do they still have the opportunity of going to the City Coun- cil and appealing the denial? Chairman Ryder replied affirma- tively as we are only a recommending body to the City Council. Mr. Cue stated as the City Manager pointed out, a traffic study should have been requested And if they had known, it would have been done. They went into a site evaluation report of this property and it could have been done at that time. Mr. Cue asked if the application is tabled, when would it be heard again and Chairman Ryder replied at the time when he comes back with a substantiating report. Mr. Cue requested the application to be tabled. Mr. Annunziato clarified that the way the ordinance is set up for site plan approval, the staff cannot require a traffic impact analysis for developments such as these, but the Plan- ning & Zoning Board can require it for their determination. In connection with a traffic impact analysis, he would like the City to be involved in the selection of a traffic, con- sultant to insure that the people know Palm Beach County, etc. Mr. Cue stated that they don't plan to buy someone out and Mr. Annunziato clarified ~at some traffic studies have been submitted which have been difficult to read and he explained. Mr. Grabeel then referred to the staff comments and read the following listed by the Deputy Building Official: 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 commence- ment of Burger King. This plan requires Board of Health approval, as well as Hotel and Restaurant approval. Parking is adequate for a 93 sea~ capacity, indi- cated on plan. Plan shows 37 approved parking spaces. -14- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 4. Restrooms do not meet the handicapped code. Plan does not indicate handicapped sign place- ments. Mr. Grabeel then read the following comments noted by the City Engineer: Impervious membrane is required over top of drain- field. e The turnout onto U. S. 1 just south of S. E. 18th Avenue is not desirable from a traffic control point of view since entering traffic would be backed up to the intersection. The amount of traffic anticipated here adds to the traffic problem and since access is available from S. E. 18%h Avenue, I recommend that the designers revise their plan to eliminate said turnout. I will be glad to discuss this with the Architect and Engineer concerned with the parking lot plan- ning. Mr. Grabeel stated that the Planning Department recommends the use of sodium vapor lamps and approval must be received from the Department of Transportation for a curb cut. Mr. Grabeel stated that the recommendation is approval sub- ject to staff comments. Mr. Linkous stated he just received his material for this meeting this morning and doesn't feel he is adequately apprised of it and will abstain from voting. Mrs. Bond made a motion to table this application for site plan approval for Burger King on S. E, 18th Avenue at U. S. 1. Mr. Winter seconded the motion. Motion carried 6-0 with Mr. Linkous abstaining. -15- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Applicant: Location: Project Description: Century Bank, Inc. (J. Daniel Stephens, Vice President, Agent) S. E. 18th Ave. at U. S. 1, southwest corner Relocation of pa~king lots to accomodate Burger King Development Mr. Grabeel referred to the staff comments and read the follow- ing listed by the Building Official: Handicapped parking areas shown on plan must be 12 feet wide. Plan denotes 1~ feet wide, with a 3 ft. walkway between them. 2. Back to back parking requires 65 feet. Plan shows 64 feet. 3. Single parking at 90° requires 45 feet. Plan denotes 35 feet. Mr. Grabeel continued that the Police Department noted sub- juct to parking lot liqhting, traffic control signs and di- rection arrows inthe45oParking lots. The Planning Department noted that one way parking is to be 35 feet and to extend the sidewalk through the drive to the exit. Approval is re- commended subject to comments. Mr. Winter made a motion that the site plan for Century Bank be tabled, seconded by Mr. Bernstein. Motion carried 7-0. At this time, Chairman Ryder declared a recess and then re- convened the meeting at 9:55 P. M. Applicant: Location: Project Description: High Ridge Country Club (Peter Paulson, Agent) Hypoluxo Road at the LWDD E-4 Canal Modification to approved clubhouse to allow addition of Pro Shop and Men's Lounge Mr. Grabeel referred to the Board having approved the club- house and various facilities and advised this is a slight modification to a previously approved site plan. The club- house is being modified to include the addition of a pro shop and men's lounge at the west side of the building. -16- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Grabeel continued that the initial application came through the Planning & Zoning Board and City Council and any modifications must go the same route. There were no comments from the staff. The recommendation is approval. Mr. Annunziato added this doesn't affect the parking re- quirements because the parking was based on the number of members and an excessive number was provided. Mr. Winter made a motion that the application for High Ridge Country Club for a modification to the clubhouse for a men's lounge and pro shop be approved. Mr. Wandelt seconded the motion. Motion carried 7-0. Applicant: Location: Project Description: Howison Group for Lake Vista Townhouses West (Terry Howison, Agent) Rider Road Three Townhouses and Docks Mr. Annunzia~o referred to the two applications being one application at one time showing a single family home also and explained the location of both developments. The project to the west was separated from the east because there were some particular problems. Both are three unit townhouse developments. The project to the west sits between two existing townhouse developments and provides for three town- houses with a dock on a finger canal. Mr. Annunziato referred to the staff comments and read the following listed by Mr. Clark: 1. Section A-A is reversed. 2. Six inches of shellrock is required instead of four inches as shown. 3. Pavement in swale to be raised at least one inch from indicated grade so water will not stand in pavement. Mr. Annunziato continued that the Police Department noted that security lighting is required. The Public Works De- partment noted that no underground garbage cans will be permitted. The plan meets setbacks and parking. The rear property line is actually in the center of the canal on both applications. Mr. Wandelt asked how far the buildings are from the edge of the canal and Mr. An~unziato replied approximately 21 feet. Mr. Wandelt referred to there being a single family dwelling and Mr. Annunziato advised it will be to the right of the next site plan. He asked them to subtract it from the appli- cation because it is on a platted lot and can be developed subject to R-1 specifications. If developed with this ~ -17- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 application, it would have to be developed according to R-3 and the lot would not be developable. All the architecture for this project and the single family home is similar. The elevations show the type of architecture proposed. Mr. Wandelt asked if there is an existing single family dwelling and Mr. Annunziato replied negatively and clari- fied this application is for a three unit townhouse and the same for the next one. Previously these two applica- tions plus the single family home were under one applica- tion. He had the applicant separate the single family home to make the lot buildable. Mr. Annunziato stated the recommendation is it be approved subject to staff comments. Mr. Terry Howison advised that they agree with all staff comments. Mr. Bernstein referred to the note that garbage cans are not permitted underground and Mr. Annunziato explained that the general way is to have garbage cans located inside an enclo- sure. Mr. Howison advised they have provided for enclosures on the rear patios which are accessible from the outside. Mrs. Bond asked if these are cond@miniums and Mr. Howison replied negatively and advised they will be fee simple. Mr. Bernstein questioned who will own the dock and Mr. Howison informed him in fee simple, everyone will have their own property line, so each individual unit will own the por- tion of the dock directly behind his unit. Each unit will maintain their own property and the people could get together if they desire. Mrs. Bond made a motion that the site plan for Lake Vista Townhouses West be approved subject to staff comments. Mr. Bernstein seconded the motion. Motion carried 7-0. 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 Mr. Annunziato informed the Board this application is a re- quest from the Howison Group to construct Lake Vista Town- houses East which constitutes three townhouses plus dock on a finger canal. He explained the location. These lots were platted as part of the Lake Worth Mariner Village plat and contemplated to be single family homes. However, the zoning was newer changed from R-3. This development is consistent with the zoning. The development of this three unit parcel comes down to whether or not the applicant can construct parking the way it is proposed. -18- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Annunziato referred to the staff comments and read that the Building Department noted subject to the City Planner's comments. The Police Department recommended energy efficient sodium vapor lighting. The City Planner noted that 45 feet is required for one way' 90° parking. He then referred to the last sheet and pointed out that the amount of pavement shown for parking spaces in a no~th/south direction is 38 feet. The policy for one way 90u parking is 45 feet be pro- vided. He advised the applicant of this, but it provided for a great hardship owing to the narrowness of the lots. The applicant asked what the procedure would be to modify the requirement. He researched the issue and this is not a zoning requirement; therefore, it has become the policy of the Board and Council that 45 feet be provided for 90° park- ing one way. His recommendation renders this application unbuildable without modifying the parking locations consis- tent with the Board policy. This is an issue the applicant wishes to discuss with the Board. Mr. Howison stated after some lengthy discussions with the engineers and planners, they looked at leaving the site as proposed, putting front and rear parking along the sides of the building or going to the expense of raising the build- ings and putting garages underneath. They did not like the front to back driveway situation on the sides from an aesthe- tic viewpoint. With each unit having a nice patio on the side, adding additional paving didn't appear to be the best use and the Building Official said he would not approve that. They looked at the situation of raising the units and putting garages underneath and felt in an area consist- ing predominantly of two story townhouses that to add a three story building going up to 35 to 40 feet would not be the best use of the property. Also, the townhouses immedi- ately to the west are smaller. They have 40 feet from the property line. Directly south of this property is a vacant lot covered with mangroves, but Mr. Annunziato indicated this would be unbuildable until the D.E.R. regulation is changed. Along with the energy situation and smaller cars, they have looked int¢ at the possibility of 9 x 18 feet. Mr. HOb possibly go this way. are requesting to be posed. Chairman Ryder commer anticipate backing o~ greed and pointed out other areas. Delray Beach is looking reducing their parking requirements to ~11 confirmed that Boynton Beach may With these thoughts in mind, they allowed to build this project as pro- ted that 9 x 18' spaces usually don't t in this manner and Mr. Howison disa- that the road is a private road to serve these three townhouses and single family home. Mrs. Bond commented that their hopes are that someone purchases these with small cars and Mr. Howison replied that they pro- bably will, but they feel there is sufficient room otherwise. -19 - MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Chairman Ryder referred to acquiring property to the south and Mr. Howison infOrmed him that the owner would not dis- cuss it. Chairman Ryder asked if it would be possible to get the de- sired setback by re-arranging the plan layout and Mr. Howison replied negatively and explained that the buildings are against the rear yard setback. Chairman Ryder referred to the width and Mr. Annunziato informed him the units are setback to setback on the side; there is no room to go north, south, east or west. Mr. Howison added this is the only sized building which can fit on this property. Chairman Ryder referred to reducing the area and Mr. HOwison stated it would be reduced by 840 square feet which would leave about 1,100 square feet per unit which is almost below the requirement. Chairman Ryder commented that we have to be careful about setting a precedent. Mr. Wandelt asked if these units are larger than others and Mr. Howison clarified that the other lots have more depth. Mr. Annunziato stated that he has discussed this with the applicant. Mr. Howison mentioned that sometime in the future the staff may look into recommendations to reduce the size of parking and that may be true, but it is not true now. The current policy is 45 feet for 90° parking. He cannot recommend that we modify our policy for one developer at this location. Chairman Ryder added that it is bad enough when variances are granted to the code, but he doesn't see how we can establish a precedent. Mr. Annunziato continued that he doesn't think there is any way the applicant can get 45 feet with the size of these units. It could be approved subject to staff comments and the ap- plicant will have to modify the size of the units. Mr. Linkous asked if a 1,100 square ft, unit would be pro- per and Mr. Howison replied negatively and explained they would be compared with the house next door. Mrs. Bond questioned the square footage per unit and Mr. Howison advised her it is 1,500 square feet. Mr. Zive questioned the price of the units and Mr. Howison informed him the proposed price would be $160,000 to $175,000 per unit. Chairman Ryder stated the Board must consider the stipula- tions by the staff and in this instance, the requirement is based on policy ~hich has been set. It can be approved in accordance with staff requirements, which means they will have to do something about getting 45 feet. -20- MINUTES - PLANNING & ZONING BOARD JANUARY 13, 1981 Mr. Howison questioned what the procedure would be if they decide to go with garages and Mr. Annunziato replied that the best procedure would be to table it. Recommendations for minor changes have been given, but this would be a major modification. Mr. Howison requested this application to be tabled. Mr. Zive moved to table, seconded by Mr. Linkous. carried 7-0. Motion Mr. Bernstein commented that in the future, so developers won't run into this again, 'the requirements should specifically provide for the size of parking. Mr. Annunziato concurred and advised that we are going to revise the zoning code and address issues like this. He agrees this should be in the code. ADJOURNMENT Mr. Bernstein made a motion to adjourn, seconded by Mr. Linkous. Motion carried 7-0 and the meeting was properly adjourned at 10:45 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Four Tapes) -21- A G E N D A PLANNING AND ZONING BOARD Regular Mceting DATE: January 13, 1981 7:30 P.M. PLACE: Council Chambers, city Hall 1. Acknowledgemen~ of Members and visitors 2o Reading and Approval of Minutes Announcements : set date for L-PA Public Meeting/NSA Report ~ 2 ° Communiqations citizen's Awareness Presentation: Irving Cure, Resident Manager, Authority. Old Business: Palm Beach County TranSportation New Business: A. Preliminary Plats: 1. Applicant: F&R Builders (Santiago Malavasi, Agent) Location: Bordered on the South by B0ynton Lakes Plat ~1, the East by the E-4 Canal, the North by LWDD 19 and the West by Congress Avenue Legal Description: See Plat Project Description: 295 Units on 59.8 acres., Boynton Lakes Plat ~ 2 2. Applicant: Summit Associates LTD. (Conrad Schaefer, Agent) Location:' Coconut Lane at Summit Boulevard Legal Description: See Plat Project Description: 176 Units on 28.9 acres, Plat of Westgate Bo Site Plan ~proval: 1. Applicant: Summit Associates Ltd. (Charles Gilbert, Agent) Location: Coconut Lane at Summit Boulevard Legal Description: See Plat Project Description: 176 Units on 28.9 Acres, Clubhouse, Pool and Lakes 2o Applicant: Burger King Corp. (Ramon Cue, Agent) Location: SoE. 18th. Ave. at US l, S.WoCorner Legal Description:See Survey Project Description: Restaurant and Drive-thru Facilities at Hunters & zoning Board ~ ~n~e*.~a P january 13 1981 royal Continued: licant: Century Bank, Inc., (j. Daniel Stephens, Vi~e ~resident, 18th. Avenue at US 1, S.W.Co~ner zion: S.E. Agent) on: See Survey ~ct ription: Rel0ca%ion of Parking Lots to 'Development accommodate Burger King .icant: High ~idge Country Club (Peter Paulson, Agent) ion: Hypoluxo Road at the LWDD E-4 Canal ion:See Plat ect ion:Modification to approved~ro ~ ClubhoUSeand Men'st°Loungeall°w the addition of a ~hop plicant: Howison Group for Lake Vista Townhouses West (Terry Howison, Agent) ~ion: Rider Rd. 'al ion: See~Survey' ect )tion: Three Townhouses and Docks ~ icant: Howison Group for Lake Vista Townhouses.East (Terry Howison~ Agent) cation: Rider Rd. at N~Eo7 St. ~al ~scription:See Survey ect scription: Three Townhouses and Docks