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Minutes 12-09-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, DECEMBER 9, 1980 PRESENT Arnold Thompson, Chairman Sidney Bernstein Lillian Bond Simon Ryder Garry Winter Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner ABSENT Fred DiSalle, Vice Chairman Wayne Drew Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner, Assistant City Planner and Recording Secretary. He recognized the presence in the audience of Councilman Joe deLong. APPROVAL OF MINUTES Minutes of Planning & Zoning Board of November 25, 1980 Mrs. Bond made a motion to accept the minutes of the Novem- ber 25 meeting, seconded by Mr. Ryder. Motion carried 5-0. Minutes of Local Planning Agency of October 15, 1980 Mr. Ryder moved to approve the minutes, seconded by Mr. Bernstein. Motion carried 4-0 with Mrs. Bond abstaining. Minutes of Local Planning Agency of November 25, 1980 Mr. Bernstein moved to accept the minutes of the Local Plan- ning Agency for November 25 as prepared, seconded by Mrs. Bond. Motion carried 5-0. ANNOUNCEMENTS Chairman Thompson referred to the next meeting and last meet- ing of the Planning & Zoning Board falling on December 23, two days before Christmas, and asked if there were any submittals for this meeting and Mr. Annunziato informed him there are no public hearings and tentatively there are two site plans, but he has informed the applicants that the Board generally does not meet during Christmas week. Chairman Thompson announced there will be no meeting of the Planning & Zoning Board on December 23 and ascertained there were no objections from the members. MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Ryder referred to the members' terms expiring at the end of this year and stated at one time, the terms were staggered giving continuity, but that was changed. He hopes that stag- gered terms would be considered again as he feels it is proper and more preferable. He hopes when the members for the Plan- ning & Zoning Board are appointed for next year that those appointed will give the Council some assurance they will honor the commitment and attend as many meetings as possible. Mr. Annunziato referred to distributing a list of N.S.A. im- provement needs and stated he hopes the members will digest this and address this later this evening or at a workshop meeting in the near future. There have been several meetings of the Local Planning Agency recently presenting problems and opportunities and this is the response by the consultants to the problems observed in the N.S.A. He has two copies of the draft document, which is rather lengthy, and what was distri- buted tonight is a summary. COMMUNICATIONS Chairman Thompson read a letter of resignation from Mr. Wayne Drew. CITIZENS' AWARENESS PRESENTATION Mr. Annunziato announced that Mr. Irving Cure called him this morning and cancelled the presentation for this evening citing a conflict. Mr. Grabeel added that Mr. Cure confirmed that he would be here the first'meeting in January. Mr. Annunziato recommended changing the order of business and proceeding to Site Plan Approval. Mr. Ryder so moved since we have to wait until 8:00 to conduct the public hear- ing, seconded by Mrs. Bond. Motion carried 5-0. NEW BUSINESS Site Plan Approval Applicant: John Pagliarulo Location: S.E. 3rd St. between S. E. 21st Avenue and S. E. 20th Avenue Legal Description: Lots 8 thru 13, Sunny Oaks Addition Project Description: Sunny Oaks Apartments - 8 two bedroom, two bath, two story apartments plus accessory building Mr. Grabeel informed the Board this project is located in the R-3 zone. He explained the location. Their proposal is for eight two bedroom, two bath apartments with accessory building. -2- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Grabeel continued that the apartment building will be two stories or 19% feet high. The density computes to about nine units per acre. Sixteen parking spaces are computed for park- ing and 17 are provided. Mr. John Pagliarulo, 3546 South Lake Drive, came before the Board and requested the staff comments to be read. Mr. Grabeel advised that the Building Department requires Board of Health Department approval. The Fire Department has noted that fire hydrants are subject to code requirements. The Engineering Department has noted that drainage and paving plans are required. The Utility Department has noted to loop the 6" water line on S. E. 3rd Street. The Police Department has noted that security lighting is required in the parking lot, traffic signs are required at the driveway, and agreement with the City Planner's memo. The Public Works Department noted no underground garbage cans. He then read the follow- ing comments listed by the City Planner: 1. That the developer utilize energy efficient lighting such as sodium vapor lamps for all required exterior lighting; 2. that the developer construct S. E. 3rd Street and S. E. 20th Court from where S. E. 20th Court termi- nates to S. E. 21st Avenue with 22' pavement and two 4 ft. swales; 3. that the developer dedicate a sidewalk easement to the City along the west side of S. E. 3rd Street and the north side of S. E. 20th Court and construct sidewalks in same. Sidewalk should also be constructed on S. E. 21st Avenue in front of this development; and 4. that the developer move his two parking lots 5' west- ward and connect the northern parking lot to S. E. 20th Court at S. E. 3rd Street. This will allow the developer to remove the north/south drive in front of his building and replace it with landscaping, Mr. Grabeel stated the overall recommendation is approval subject to comments. Mr. Pagliarulo stated he would like to go over each comment. He agrees with some items, but would like to make his com- ments. As far as the Building Department, naturally Health Department approval is required. In regards to the comment from the Fire Department, he believes in reading the code that he is in conformance with the code regarding the fire hydrants. As long as the property is within 300 feet to the center of the lot, they would be in conformance and there is a hydrant at the corner of the property by the entrance. -3- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Pagliarulo continued that he is in agreement with the engineering requirement and will provide positive drainage. In regards to the Utility Department's request, he does not know what the 6" looping as for. There is water served to the ~roperty on 21st· Avenue. He does not understand this cansrequirement.. He agrees to not having any underground garbage Mr. Pagliarulo then referred to the City Planner's memo and stated he is being considered as a developer. He clarified that he is the owner of the lots and not the developer. It is not a project where he is mass producing homes. He agrees with the first comment and has no objections as sodium vapor lamps are energy saving? His main objection is to construct S. E. 3rd Street and S. E. 20th Court. This is a major im- provement to the City. He is a taxpayer in the City. Accord- ing to the survey, his lots front on an unimproved street. He never realized the owner of a piece of land had to improve City streets to have access to the property. He pays taxes in this City. What does the City give back to the taxpayer when he wants to use his property? Does he have to pave the roads in order to get to his property? He cleared the pro- perty where unimproved roads are shown at his own expense. He has provided a positive ingress and egress to the property as shown on the site plan. He has a suitable means of getting cars in and out without any problem. Mr. Pagliarulo referred to item 3 and stated he believes this is a hardship on him as to improve the road would result in servicing the total area of apartments. He might be in favor to participate towards the sidewalk improvements, but does not feel it is his responsibility to improve the City right- of-way. This is a request to dedicate 5' of his property to the City. He might participate if a joint agreement could be worked out. He definitely will not go along with improving the unimproved roads as requested. Chairman Thompson questioned how much of S. E. 21st Avenue is paved and Mr. Pagliarulo informed him that it is paved up to the entrance of his property. He added the road extends another 60 to 70 feet and then dead ends at the railroad and there is partial paving. There are residents on the south side of 21st Avenue abutting the railroad and they use this road as a positive means to their property. Chairman Thompson questioned how much pavement was estimated and Mr. Annunziato replied it is approximately 300 feet total. Mr. Annunziato then explained that it makes a lot of sense for this requirement. These roads will increase the circula- tion in the area. Circulation in the area is bad which is noted by the Police Department's concurrence with his memo. -4- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Annunziato continued that this would connect to 20th Court instead of being a dead end street. This appears to be beneficial to the applicant as he will be able to remove paving from his property and have greater landscaping. The parking lot on the north could be connected to 20th Court. The street could be constructed in the 30 ft. right-of-way, so the City is not asking for additional land to be dedi- cated. In connection with the Comprehensive Plan, Traffic and Circulation Element, 3rd Street was addressed as needing to be constructed to enhance circulation in this area. This project is consistent in scope with the Comprehensive Plan. This requirement seems to make sense as it will benefit the City and developer. Chairman Thompson stated according to his calculations, 150 feet of paving on site will be replaced with approximately 300 feet of paving off site. Mr. Pagliarulo replied that he is in partial agreement, but would like to discuss parti- cipation with the City. There is a difference as in paving a normal parking area, a certain amount of base and covering is required; but when developing a road, the requirements are more excessive. There is a difference between the cost per sideration.Square foot for a parking area and road. This is a major con- Mr. Pagliarulo clarified that these lots are landlocked. He has no use of his property. He has been paying taxes on it and has not been able to use it. There is no way to use the property without having a right-of-way to it. He feels it is a big hardship to own this property and not be able to use it. Mr. Ryder stated this is not unusual and explained that in most cases in undevelOped areas, the developer must provide the access. These referenced streets are platted and are intended to be put in. If this is not required, how will it be done? It is not the City's policy to have all the taxpayers pay for it. The City's policy is where a developer comes in, he will bear the cost and not throw the burden on the people living here. He told about having difficulty himself finding this place because of the access. Apparently the circulation is needed. The only way to open it is to do what the City Planner suggests. A private enclave cannot be built by developers or there would be no City streets. Mr. Pagliarulo stated he doesn't consider himself a developer as this is not agriculture property and he is not changing the characteristics of the property. Mr. Ryder stated that he thinks something has to be done about putting the streets in. -5- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Ryder referred to the request to loop the water line and explained this allows an alternate line for the water, which is not an unusual requirement. Mr. Ryder referred to the fire hydrant requirement and ques- tioned where the distance of 300 feet is measured and Mr. Annunziato explained it is 300 feet to the building measured on pavement and the north building may be within 300 feet. Mr. Ryder asked if an additional hydrant was needed and Mr. Annunziato clarified that they do not have the knowledge of the hydrant locations when reviewing. Mr. Pagliarulo asked if looping the line was required for the fire hydrant and Mr. Ryder replied negatively, but it is done so there isn't a dead end. Mr. Pagliarulo stated that a line runs east and west and Mr. Ryder explained how there would be a problem if there was a break and the line dead ended at the railroad. He stated with looping, there is an alternate for providing service. Mr. Pagliarulo questioned his benefit from this and Mr. Annunziato replied that it enhances the water pres- sure in the area and would make his development safer for fire protection purposes. Chairman Thompson referred to the time being 8:00 P. M. and stated he thought this could be completed, but since it is not'we will have to proceed with the public hearing and con- tinue with this application afterwards. Public Hearing - 8:00 P. M. Comprehensive Plan Land Use Amendment Request Applicant: Location: Request: Nabil Hansen, Ph.D., P.E. (Agent) Congress Avenue between Congress Blvd. S.W. extended and L.W.D.D. Canal ~26 Land Use Amendment to Area 5 of Comprehensive Plan Future Land Use Element pertaining to securing vehicular access from Woolbright Road across L.W.D.D. #26 Mr. Annunziato informed the Board this application is of inter- est for several reasons. He explained how consideration was given to this in the preparation of the Comprehensive Plan. He explained how the developed policy of the Comprehensive Plan was to locate community commercial shopping centers at the intersections of major arterial roads. At that time, there were approximately 20 acres of commercially zoned land adjacent to Congress Avenue between %he middle school and Canal 26. The planning consultants recommended removing this strip commercial and concentrating it at the major inter- sections. It was recommended to shift this commercial south of Canal 26 at Woolbright Road. The owner of the land at that -6- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 time was Dave Reed and he objected to this proposal stating this was a proper location for commercial development. It was argued that it didn't meet the criteria of a major inter- section. Mr. Reed countered that the intersection could be created if access to Woolbright Road was provided prior to development of this property. The land use was then speci- fically addressed in this manner in the Land Use Element. A paragraph specifically addresses this tract of land. This applicant is now seeking an amendment to the Comprehensive Plan to remove that restriction. This application has been advertised consistent with State Statutes. BasicallY what the applicant is asking is for the City to abandon this policy for locating community commercial shopping centers to one which would locate shopping centers at arterial local streets. This would provide an enhanced value of the land. The appli- cant, being aware of the restriction, went to the property owner to the south and requested a right-of-way or easement across the canal to Woolbright Road. Mr. Cogan is under lease agreements where he cannot grant this easement. That is the basic history and a public hearing should be conducted. Chairman Thompson asked if anyone in the audience cared to speak in favor of this Comprehensive Land Use Amendment re- quest. Mr. Nabil Hansen, professional engineer and agent for the applicant, came forward. He advised that he is also the agent for High Point of Boynton Beach. Two months ago, he represented High Point before this Board when this plan was approved. This is basically part of High Point, which the High Point builders have elected to sell. He generally con- curs with Mr. Annunziato and has had intensive discussions with him. They have submitted studies to him and the City Council regarding High Point. When High Point bought the property one year ago, the whole frontage on Congress Avenue was zoned commercial. Then, it was changed by the Compre- hensive Plan. Instead of all commercial, it was limited to an eight acre tract and the request of High Point was denied. High Point is doing off-site improvements, gave several loops of water, and put in 16" lines along Congress Avenue. The City requested widening of Congress Avenue from Woolbright Road to the entrance of High Point, which is about 1,200 feet, and they agreed. This was zoned for C-3 and they have pre- pared a nice project. They plan to build a condominium office building and not a shopping center. They have hired an engi- neer, architect firm and attorney. They have spent a lot of money on the plan. They tried to get along with the Land Use Plan and tried to secure the access road. They wrote to and contacted Mr. Cogan, but he refused access. They have sub- mitted traffic studies to the City which show if this pro- perty is developed as commercial and if Congress Avenue is -7- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 widened to four lanes, traffic can be easily accommodated and this access road is not needed. Not only acquiring the access road presents a hardship, but also the widening of Congress Avenue has been committed to and negates the need for the access road. He then showed a map of the proposed entrance to High Point lying 1,200 to 1,500 feet north of Woolbright Road. Mr. Ryder stated that four lanes is not the entire solution. Mr. Hansen continued that the City made the request for the widening and they have committed to widen from Woolbright Road to the entrance. They have also added transition zones as shown. They want the project to be workable. Mr. Hansen stressed that according to the Land Use Plan, they have to put a road across the canal across other property, but the owner has denied allowing this. Congress Avenue will be widened and according to the traffic study is not needed. They do not intend to build a shopping center, but plan an office building. Mr. Ryder stated that Mr. Annunziato explained the policy where we are trying to get away from strip commercial zoning and have shopping centers located at main intersections. What they are proposing is to have a turning movement to Congress Boulevard. On the east side is Leisureville and on the west side will be High Point. There will be direct traffic to both these developments. Mr. Hansen explained that they have suggested another access on Congress Avenue. Mr. Ryder stated that the entrance will not be safe without a traffic light as turning movements are required. He does not see where this additional one will be helpful. Also, traffic will go through Leisureville to avoid the Woolbright Road intersection which will not be desirable. He thinks the access should be from the Woolbright Road intersection. He would have to find good cause to amend the Land Use Plan which has been recently adopted. He does not feel this is a good cause and finds it highly objectionable with this being near High Point and Leisureville. Mr. Charles McCurahan, architect and planner, stated what they are trying to do is create a harmonious blend with High Point and Congress Avenue and distributed renderings of the proposed project. Since the policy is the intersec- tion of arterials, how many feet from an intersection is being counted? Just how much commercial is allowed at an intersection? What is the normal average assumption of dis- tance from an intersection? If this is compared with other shopping areas in the City, there is not an excessive length fronting on Congress Avenue. -8- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. McCurahan explained how a landscaped buffer was planned along the rear of the property. They have also provided more than the minimum landscaping throughout the whole project and will buffer with mounding and large tree coverage along the front on Congress Avenue. These will be professional offices. There will not be a 7-11 or local dry cleaner. There will be doctors, lawyers, etc. This will be a positive element along Congress Avenue as opposed to the type of strip development which is being avoided. When taking the distance and size of the project in relationship to the arterial roads, it will be a nice blend to the surrounding properties. Mr. Ryder stated that he has no argument with what is proposed and thinks it would be desirable. Regardless how good it looks, there will be the matter of getting to it. Mr. McCurahan advised this type of usage is 1/8 the usage which a drug or grocery store would generate. The user trips from this type of development ~e less than the standard com- mercial developments. Mr. Annunziato concurred, but stated there is no guarantee this is what is going to be constructed. The application is to remove the access restriction. What would result, if removed, is an eight acre parcel of C-3 property. It would be limited to the uses proposed in C-3. For this plan to be guaranteed, the alternate is to apply for rezoning to C-1 and the spinoff effect would be having the traffic reduced by a factor of 7. That is not what is being asked for at this time. Mr. Hansen agreed and stated accord- ing to the traffic analysis, the ratio is about 6 to 1 or 7 to 1. An office building would reduce traffic about 1/7 com- pared to a shopping center. The City is in need of such a project. He agrees there is no guarantee that it would be built, but the planner will give a guarantee. Mr. Annunziato suggested that they withdraw this application and resubmit an application for C-1 and go through the proce- dure. Chairman Thompson added that this restriction only applies to C-3 zoning. Mr. Hansen asked if they agree to this, would the Board pass a motion recommending C-1 and Chairman Thompson replied this could not be done as this is a hearing specifically for this request. Mr. Ryder added that the limitations under C-1 would be less. Mr. Robert Reed, attorney, 630 East Ocean Avenue, advised that he is the applicant. He wants to emphasize the fact that he is not the David Reed mentioned earlier who was either a previous owner of the property or had some interest in it. Apparently he had some force in having the property rezoned to C-3 and as a condition, the requirement was im- posed to have this access road from Woolbright Road built. -9- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Reed continued that at the time this property was previ- ously zoned to commercial uses and this condition of the access road from Woolbright Road to the subjeCt property was imposed, the property was zoned C-3. He wants to emphasize the site plan presented is essentially for C-1 zoned property, a com- mercial condominium professional office building and not a strip commercial shopping center. The vehicular traffic is much less d~ense with C-1 than it is with C-3. This applica- tion was presented believing it would show good cause to eli- minate the amendment to the Comprehensive Plan. They felt they had a legitimate hardship. They recognized the condition of providing an access road to the property. They contacted the owner of the property through which the access road would go and he denied the use. This is an eight acre parcel zoned C-3. It will be bounded on the north by S. W. Congress Boulevard, which is not a major arterial road but is two lanes and is proposed to go west from Congress Avenue. Congress Avenue bounds the property to the east. It is felt these would pro- vide more than enough ingress and egress to C-1 type usage. It is felt they had a leg~imate hardship with not being able to obtain the property to build an access road. It is only 290 feet from the Woolbright Road intersection north to this property. He recognizes the fact that one of the major demands of the Comprehensive Master Plan is to provide for commercial developments at major arterial roadways, but Woolbright Road and Congress Avenue are the major arterial streets here. It should also be taken into consideration how far back from an intersection the property can be used commercially. 290 feet is not enough for shopping centers. If this was zoned from Woolbright Road north to S. W. Congress Boulevard as commercial, he would wager that it would be within the tenants of the Master Land Use Plan to be congregated around major intersections. There would be the same turning movements if the property is zoned uniformly. The impact of vehicular traffic would be far less with C-1 usage. Mr. Reed stated based on the recommendation of Mr. Annunziato, he requests the Board to allow him to withdraw this applica- tion and he will'be back with a more appropriate application in the future. Mr. Annunziato requested him to submit a letter to this effect. Chairman Thompson announced since this appli- cation has been withdrawn, there is no need to continue and declared the public hearing closed. Chairman Thompson then declared a five minute recess to give the applicant an opportunity to remove his plans and sketches. He reconvened the meeting at 8:40 P. M. Site Plan Approval (Continued) -10- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Application of John Paqliarulo Continued Chairman Thompson referred to discussing the streets and asked if Mr. Pagliarulo had any additional comments and Mr. Pagliarulo agreed that the street seems to be the major item. Mr. Bernstein asked if the Board ignored the request made in Item 2, would he have access to his property and Mr. Pagliarulo replied affirmatively. Chairman Thompson referred to the various department heads concurring with the street paving requirement and stated it has also been addressed in the Com- prehensive Land Use Plan. If any concessions are to be made, it should be by the City Council. He thinks we should con- sider it in the light of the Comprehensive Land Use Plan and from what he believes would be in the best interest of this owner in the construction of these units. Chairman Thompson then asked if these units are to be rented or sold and Mr. Pagliarulo replied that he had not decided yet. Chairman Thompson commented that to eliminate that large amount of pavement on-site could be to his benefit, but he agrees there is a cost difference in constructing a drive and a street. This can be discussed with the City Council and if the City is willing to participate, it would be up to them. Mr. Pagliarulo referred to a decision being made by this Board and Chairman Thompson informed him this Board only makes recommendations and the City Council makes the final decision. Mrs. Bond clarified that he has no objections to Item 3 re- garding sidewalks and Mr. Pagliarulo replied negatively. Mr. Ryder added that it is a normal requirement to provide side- walks. Mrs. Bond referred to this bordering on the railroad and asked if a barrier would be built and Mr. Pagliarulo replied affir- matively, that there will be a buffer. Mr. Ryder moved to recommend approval of this site plan of the Sunny Oaks Apartments consisting of eight two bedroom units located on S. E. 3rd Street between S. E. 21st Avenue and S. E. 20th Avenue, in accordance with all staff comments. Mrs. Bond seconded the motion. No discussion. Motion car- ried 5-0. Mr. Pagliarulo asked if this would be forwarded to the City Council in a certain form or as discussed tonight and Chairman Thompson informed him the minutes of this meeting will be for- warded to each Council member. Mr. Annunziato suggested that Mr. Pagliarulo bring up the item of participation with the City Council. -11- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Subdivision Master Plan Applicant: Location: Project Description: Planning Design, Inc. North end of West Industrial Avenue 25 acre Industrial Subdivision Mr. Annunziato informed the Board that this application is for a subdivision master plan, which is to be approved by the Board. The application provides for the subdivision of a 25 acre parcel into 14 lots. This is accessed by West Industrial Avenue from the south. The proposal calls for constructing West Industrial Avenue along the property line, wall to buffer the industrial from residential, and landscap- ing of West Industrial Avenue through the limits of the pro- perty with a cul-de-sac at the northern limits. There will be a private drainage system with easements on the lots. The application has been reviewed by the staff, County Engi- neer and South Florida Water Management District. Mr. Annunziato advised the applicant sat in on the Technical Review Board meeting and the technical aspects were discussed with him. The water transition system has been modified in the plans submitted. The water delivery system will commence at the water line and will loop the property and make an addi- tional loop westward to the 10" water line on 7th Court. He explained the gravity sewer system to be constructed. The fire protection system anticipates fire hydrants on West Industrial Avenue and if there is the potential for building not within 250 feet of a hydrant, there is the potential to construct a water line. The Fire Department noted in their comments that fire hydrants are required subject to code. Additional hydrants may be required based on the location of buildings. Mr. Annunziato then read the following comments listed by the City Engineer: 1. The traffic study appears to be adequate. I suggest a copy be sent to the County Traffic Engineer for com- ments with respect to the traffic impact on S. R. 804 which is maintained by the County. 2. Conceptional approval of the Water Management District is required. 3. Required retention is the first hour runoff from a three year storm which could be greater than the one inch indicated in the calculations depending on the relative amounts of pervious and impervious materials. 4. The sidewalks required should be shown in cross-sections. -12- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 5. Sheet number four of six erroneously shows the wall outside the City right-of-way. 6. The extent of the existing paving should be shown. 7. Sheet number three of six should show the proposed right-of-way in solid lines. 8. The roadway construction is required to have eight foot stabilized shoulders. The rock base should extend one foot beyond the asphalt. 9. Stabilization of shoulder and 12" subgrade to be 50 p.s.i.F.B.V. Mr. Annunziato then read the following comments listed by the County Traffic Engineer: 1. The north approach to the intersection of N. W. 2nd Avenue and West Industrial Avenue should have two lanes (a right turn lane and a left turn lane). 2. This development should pay a pro-rata share of the cost to install a traffic signal at this same inter- section, if and when warranted, as determined by the County Engineer. 3. In order to off-set this development's direct and identifiable impact on the public road system, a fee of $16,250 should be paid to Palm Beach County. Mr. Annunziato' continued that the Police Department noted that street lights are required. He noted that sidewalks are required on West Industrial Avenue or a 6' bike path may be substituted. The Forester noted the tree species should be varied. He then read a letter from the South Florida Water Management District and summarized that no water related problems appear to be associated with this proposed land use. The overall recommendation is this application be approved subject to comments. Mr. Ryder questioned the right-of-way width for the proposed street and Mr. Annunziato informed him it is 60 feet. Chairman Thompson referred to the swale area being for reten- tion of water and Mr. Annunziato agreed and showed a plan depicting this. Mr. Bernstein referred to the traffic study concluding at the time sufficient traffic flow is generated, then individ- ual property owners within the development should be required to pay their fair share of the cost of the traffic signal based on the area of the parcel and asked if this was referring just to these 14 property owners or all in that area and Mr. -13- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Annunziato replied that he doesn't think there is any way to go back and assess those uses which currently exist. This developer would have to pay a percentage of the cost of sig- nalization based on the amount of traffic from his develop- ment. The representative clarified that the particular pro- perty owners will be required, as part of the purchase agree- ment, to pay for a portion of this traffic signal in this industrial park. Chairman Thompson clarified that the only interested party at the moment is a truss manufacturing firm and the representative agreed this was correct. Chairman Thompson referred to the trees stopping at the cul- de-sac and asked if there would be an additional buffer and the representative informed him there is a 6' high wall along there. Mr. Ryder referred to residential construction taking place to the west and Chairman Thompson agreed and suggested continuation of the buffer. He asked if there was an ordi- nance restricting noise on evenings and weekends since this is an industrial area adjacent to a residential area and Mr. Annunziato replied there is a noise ordinance, but he doesn't know the specifics. The representative told about the buffer planned between the two zones. The representative stated they agree with all the conditions of the staff, but question the requirement of sidewalks and the suggestion to vary the trees. The Black Olive is a healthy traditional ~re~scape tree and they think it is good. They don't think it is necessary to vary them in this parti- cular situation. He wants to create an attractive street- scape with design Continuity. Mr. Annunziato replied that he thinks the Forester wants to get away from monocultures. Apparently diseases are spread by haVing too many of one tree in one area. The representative stated he didn't think this was a dramatic issue and he will work with the Forester. The representative referred to being involved with different industrial parks and stated he has yet to see any sidewalks. He questions the need for them. This area will not generate much pedestrian traffic. If these can be alleviated, it will be a savings. He would like a response regarding this. Mr. Annunziato replied there are several reasons for sidewalks or bike paths. As energy becomes scarce, more use of side- walks is anticipated. It is the policy in this City that sidewalks be constructed wherever possible. No apparent reason could be found to waive this requirement from the technical viewpoint in this development. It is anticipated that sidewalks will get a great deal of use in the future. They must be started somewhere. This is a starting point on West Industrial Avenue to tie in with 2nd Avenue. The repre- sentative commented that there are no sidewalks on Industrial Way and there would be an extremely large gap from 2nd Avenue to this parcel; it would be approximately 1,000 feet. -14- MINUTES - PLANNING & ZONING BOARD DECEMBER 9, 1980 Mr. Ryder stated that sidewalks are required with new con- struction. We must start somewhere. He finds we must put them in more and more for kids going to school, safety, etc. Mr. Ryder asked if he concurs with the County Engineer's recom- mendations and the representative replied affirmatively. Mr. Bernstein referred to there being a structure on this pro- perty and the representative informed him that it is Tele- prompter T.V. which is not on this property. Mr. Bernstein moved to approve this subdivision plan for Planning Design, Inc. at the north end of West Industrial Avenue for a 25 acre industrial subdivision subject to staff comments and the comments of the County Engineer and consid- eration of continuing the shrubbery to the end. Mr. Winter seconded the motion. No discussion. Motion carried 5-0. OTHER Chairman Thompson stated it has been a pleasure to serve on this Board for the past two years and in the capacity as Chairman. He has other things which he hopes to pursue and won't be able to serve next year. He appreciates the oppor- tunity he has had. Mr. Annunziato thanked the Board members for their service and stated they have had quite a substantial year. They have come forward in the subdivision aspect for plan review. They are making great headway. The situation has changed in four years. The Board has become knowledgeable in the issues. It has been a pleasure working with this Board. Hopefully some members will be present at the first meeting in January. ADJOURNMENT Mrs. Bond made a motion to adjourn, seconded by Mr. Ryder. Motion carried 5-0 and the meeting was properly adjourned at 9:15 P. M. Respectfully submitted, Recording Secretary (Two Tapes) -15- A G E N D A ]PLANNING AND ZONI~G BOARD Regular Meeting DATE: TIME: PLACE: December 9, 1980 7:30. P.M. Council Chambers, City Hall Acknowledgement of Members and Visitors Reading and Approval of Minutes Announcements Communications Citizen's AwLreness Presentation: Presentation by Irving Cure concerning the CoTran System and Boynton Beach Old Business: New Business: Public Hearings; 8:00 P.M. 1. Comprehensive Plan Land Use Amendment request Applicant: Location: Nabil Hansen~ Ph.D.~ P.E. (Agent) Congress Avenue between Congress Blvd. S.W. extended and L.W.D.D. ~26 Request: Land Use Amendment to Area 5 of Comprehensive Plan Future Land USe Element pertaining to securing vehicular access from Woolbright Road across L.W~D.D. ~26. Legal Description: See survey (acreage) Site Plan Approval: 1. Applicant: Location: John Pagliarulo S.E. 3rd St, between S.E. 21st Ave. and S.E. 20th Ave. Legal -Description: Lots 8 through 13~ Sunny Oaks Addition Project Description: Sunny Oaks Apts. - 8 two bedroom, two bath, two story apartments plus accessory building. Subdivision Master Plans: Applicant: Planning Design, Inc. (Agent) Location: North end of West Industrial Ave. Legal Descripticn: Acreage Project Description: 25-acre Industrial Subdivision