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LEGAL APPROVAL MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 w NEW BUSINESS A. PUBLIC HEARINGS All LAND USE ELEMENT AMENDMENT AND REZONING 1. PROJECT NAME: Cross Creek Centre AGENT: Kevin McGinley __f OWNER: Steven Rhodes, Trustee ': LOCATION: North side of West Boynton Beach Boulevard, east of Congress Avenue. DESCRIPTION: Request for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density Residential to LocaL Retail Commercial and rezoning from R-3 MUlti-Family Residential to PCD (Planned Commercial Development District> for the purpose of allowing construction of a mixed use office/commercial development consisting of a 20,000 square foot commercial building and a 15,000 square foot office building. "'" Mr. Golden stated this request is being submitted by Kevin McGinley, Agent for Steven Rhodes, Applicant and Trustee. In regard to the surrounding land use for this project, Mr. Golden noted to the west is the Villager Shopping Center which is zoned C-3, Community Commercial. To the northwest are two large single family lots about 1.88 acres, zoned R-IAA, Single Family Residential, and is the subject of the second rezoning, request on the Agenda. Immediately to the north, across a 120 foot right-of-way for the L-24 Canal, is Venetian Isle subdivision, consisting of single family homes, and is zoned R-1AA. To the east is the E-4 Canal. Farther to the east, across the canal, is a vacant parcel, which is -- ... - 2 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 -. zoned R-3, and is approximately sixteen acres. To the south, across Boynton Beach Boulevard, is Leisureville Lake Condominiums, which is zoned R-3, Multi-Family Residential. \.1 '.fity Mr. Golden advised the present R-3 zoning would allow for the development of 42 multi-family dwelling units, including apartments, condominiums, townhouses, and their attended recreational facilities. In addition,-he reported this zoning also includes all uses permitted in the single family and duplex R-2 zoning districts, subject to the applicable building and site regulations. Additioral uses permitted in the R-3 zoning are subject to conditional use approval, and include private clubs, lodges and fraternal organizations, golf courses, swimming and tennis clubs, and similar recreational facilities, as well as rooming and boarding houses. M Mr. Golden reported the Master Plan, submitted by the appli- cant, proposes two buildings consisting of 35,000 square feet of floor area. The breakdown for the two buildings is as follows: The building to the west is a 20,000 square commercial which would essentially permit the range of uses allowed under the C-3 zoning district. 'X:~~ The building to the east is a 15,000 square office building. Mr. Golden advised both buildings are proposed to be one story structures. Around the perimeter of the site, the applicant has provided the greenbelt required by the PCD Zoning Regulations. He stated there is a 25 foot greenbelt along the north, and a 25 foot greenbelt along the east. This is required since those two boundaries abut residen- tially zoned property. ~ Additional requirements, along those two boundaries, include a six foot high. concrete block wall which would be part of a site plan approval, if rezoning is approved. To the south and to the west, a ten foot greenbelt is pro- vided in conformance with the PCD zoning regulations. '-' - 3 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .. ~,~., The PCD zoning district permits commercial buildings up to four stories high, and would permit any use allowed under the C-3 Community Commercial Zoning District regulations, as well as any other conditions approved by the Planning and Zoning Board. Therefore~ the 15,000 square foot structure, labeled as offices on the Master Plan, could conceivably allow any use permitted under the C-3 zoning regulations, unless the Planning and Zoning Board and_the City Council were to limit the use of the structure to those permitted under the C-I office/professional zoning district regula- tions. If this condition is placed on the office building and rezoning is approved, as submitted by the City Council, the applicant should b~ required to submit a revised Master Plan document which would indicate the uses allowed for the office building would be limited to those permitted under the C-I Office/Professional Zoning District Regulations. Ii The applicant should also indicate on the Master Plan that the proposed development will have a height limitation of one story. Mr. Golden noted that the one story height limi- tation is inferred but not specifically spelled out. Mr. Golden stated there are a number of Comprehensive policies which are relevant to this rezoning request. will be addressed in more detail during discussion of issues, and the list is provided in the report. Plan Those the Planned Commercial Development Standards Mr. Golden advised the following is a list of three stan- dards listing the PCD regulations which effect the location ability to service from a planning prospective: 1. Relation to major transportation facilities. 2. Roadway improvements and utility extensions. 3. Physical character of the site. Mr. Golden noted the proposed PCD will conform to all these standards. In regard to Number Two, Roadway Improvements, the applicant will be required, if approved, to dedicate an additional seven feet of right-of-way along Boynton Beach Boulevard. - 4 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .. .... The County Thoroughfare Plan called for a 120 foot right-of- way from Boynton Beach Boulevard adjacent to this property. The applicant will be required to dedicate 60 feet from cen- terline for the ultimate. right-of-way for Boynton Beach Boulevard. ~ Currently, the surrounding roadway system has a sufficient capacity to handle the traffic generate~by this project, with the exception of one lane, which is the link between Congress Avenue and Military Trail on Boynton Beach Boulevard. The County's Thoroughfare plans for this year call for the six laning of that link between those iwo north-south corridors., If this project is approved by the time this Certificate of Occupancy is issued, there would be sufficient capacity to handle the traffic generated from this project. Economic Standards Mr. Golden stated, in connection with the Planned Commercial District Regulations, two types of economic documents are required: 1. Market Study 2. Employment projections tv.ol<" with respect to the market study, the study concludes that the proposed development is economically feasible, according to the conclusions and guidelines listed in the report and referenced in Exhibit F of the memorandum to the Planning and Zoning Board. According to the employment projections submitted by the applicant, it is indicated that the pro- posed project will employ 138 persons at buildout. Of this total, 38 employees will be required for the retail portion of this development, while 100 employees are expected to occupy the office portion of this development. INFRASTRUCTURE ." water Service, S~wer Service, Topography, Vegetation, and Soils, Drainage, Roadway Capacity Analysis Mr. Golden stated the infrastructure proposed for this pro- ject, both existing and proposed, appears adequate to meet the requirements of the city and pther regulatory agencies. '- - 5 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 '- ISSUES AND DISCUSSION '-' Adverse Impact on Surrounding Residential properties Mr. Golden referenced the first issue to be discussed - whether development of this property for commercial uses will have an adverse impact on surrounding residential properties. He stated it is anticipated the project wiLl have an adverse impact on neighboring residential uses, particularly to the Venetian Isle subdivision and to the property owners in the Leisureville Lake Condominimum development. Activities, which would be incompatible with nearby residential'uses, would include noise from trucks, noise from loading and unloading activities, noise due to unloading of dumpsters, odors from dumpsters, glare from parking lot lighting, trash and litter accumulation, and the unpleasant aesthetics that are typical for the rear of a project containing retail uses. It should also be noted that these impacts would be minimized if the uses, permitted in the proposed PCD, were limited to those allowed under the C-l (Office/professional) Zoning District regulations. Mr. Golden stated commercial zoning of this parcel would also set a precedent for commercial zoning of the vacant R-3 zoned parcel located across the E-4 Canal to the east. This would further exacerbate the impacts to surrounding resi- dential properties, particularly in the vicinity of Old Boynton Road. - Adequate Supply of Existing Commerciall~oned property ~ The next item referenced by Mr. Golden was whether there is an adequate supply of existing commercially zoned property in the vicinity. He stated existing C-3 zoned property in the vicinity includes 59 acres of C-3 zoned property at the intersection of West Boynton Beach Boulevard and Congress Avenue, and 139 acres in the vicinity of the Boynton Beach Mall, including the out parcels. . Based on this date, Mr. Golden stated it can be assumed that there is currently an adequate supply of land for both retail and office development within the vicinity of the proposed PCD. - - 6 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .. ., In the future, it can be anticipated that there will be a greater number of residents within a one-mile radius of the subject property than at the present time. It can be assumed, therefore, there will be an increased demand for commercial floor space in the vicinity. As previously noted, ,the applicant has submitted a market study which indicates that the proposed PCD could be supported by the surrounding market area. w Physically and Economically Developable Under the Existing Zoni~ The next issue concerned whether the property in question is physically and economically developable under the existing zoning. Mr. Golden stated, as outlined in the section entitled "Present Zoning" in the report, the property could be developed for 42 multi-family units under the existing R-3 zoning. He stated the R-3 zoning district also permits single-family homes, duplexes, and those uses listed as Conditional Uses under the R-3 zoning district regulations. Therefore, it can be concluded the property is developable for a range of residential and recreational uses under the exisitng R-3 zoning regulations. Consistency with Comprehensive Plan Policies for Location of Commercial Uses ~ The next issue concerned whether commercial zoning of this property would be consistent with Comprehensive Plan policies for the location of commercial uses. Mr. Golden stated that commercial zoning of the subject parcel would be inconsistent with the Comprehensive plan Policies for loca- tion of commercial land uses. The Comprehensive Plan encourages the development of clustered neighborhoods and community commercial centers, and discourages strip commer- cial development. The proposed rezoning, if approved by the City Council, will result in the creation of a strip commer- cial development. Commercial rezoning of the subject par- cel will also be inconsistent, in part, with the policy of encouraging development of commercial land uses where the impacts on residential land uses are minimized. ..., Mr. Golden stated the question with respect to this par- ticular Comprehensive Plan Policy is whether or not the '- - 7 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .., impacts on residential land uses can be minimized. In this context, there are a number of Comprehensive Plan Policies that are relevant. Mr. Golden read the following relevant policies: "'" 1. 2 . .- 3. 4. 5. To provide, a suitable living environment in all neighborhoods. To preserve the present stock of sound dwellings and neighborhoods. To eliminate existing and potential landu~e conflicts. ~ To encourage'the development of complimen- tary land uses. To encourage the development of commercial land uses where the impacts on residential land uses are minimized. 6. To discourage the expansion of strip com- mercial development. Furthermore, Mr. Golden reported it could be argued that the rezonings, if approved, would result in a grant of special privilege to an individual property owner, as contrasted with the protection of the public welfare, and would have an adverse impact on property values in the surrounding resi- dential enclave. CONCLUSIONS/RECOMMENDATIONS I 'W.i; Mr. Golden stated that commercial zoning of the subject pro- perty would be inconsistent with respect to Comprehensive Plan policies for the location of comm~rcial uses. Rezoning would result in a significant change in the character of the neighborhood and would have a negative impact on abutting residential uses, particularly in the Venetian Isle sub- division. Rezoning this property would also set a precedent for commercial zoning of the R-3 zoned parcel which lies across the E-3 Canal to the east, bordered by West Boynton Beach Boulevard to the south and Old Boynton Road to the north. This would result in a further change in the I/I1II ., - 8 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .. character of the neighborhood, particularly in the vicinity of Old Boynton Road. .. Whether the change in character is desirable is the underlying issue in this rezoning petition. It is the Planning Department's conclusion that changing the character of the ;neighborhood from residential to commercial is not desirable, and that the property is developable under the current residential zoning. Therefore~ it is the Planning Department's recommendation that commmercialization of this parcel not be allowed, and that the application for amending the Future Land Use Element of the Comprehensive ~lan to "Local Retail" and rezoning to C-3, "Community Commercial" should be denied. However, if the Board decides to approve this request, in part or in whole, as outlined under the heading "project Approval", it is recommended that any approval be contingent upon staff comments, as listed. .. For the Board's information, Mr. Cannon denoted on the screen where Hoadley Road intersects. Mr. Golden explained that Hoadley Road comes down from Old Boynton Road and dead ends, and to the left of that road is property owned by Montgomery Ward, which is zoned C-3. Mr. Cannon stated the C-3 zoned parcel owned by Montgomery Ward is 15.22 acres, and the R-1AA is 1.8 acres in size. '~ Mr. Schultz noted the canal in that area is 60 foot wide. He questioned the 120 foot on the other canal and the O'Brien, Suiter and O'Brien survey. Mr. Cannon confirmed the canal shown on the survey is approximately 60 feet wide. The actual right-of-way from the canal is about 120 feet, and the 25 foot is an addition to the midway of 60 foot. Between the real property lines for the homes in the Venetian Isle subdivision and the property boundary for the PCD, there would be 120 feet plus 25 to the building, considering the building setback to be 40 feet. Therefore, it would 160 feet. Mr. Cannon noted to the south across the highway is the two story Leisureville Lake Condominums, and the Villager Shopping Center is located to the west. ...., - - 9 - MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .. Applicant's presentation '4It Kevin McGinley 1628 16th Way West Palm Beach, Florida Mr. McGinley introduced the members of his consultant team - Mr. Eugene Lawrence, Architect, Mr. Ken Rogers, Civil and Traffic Engineer, and Jim Fleischman and Richard Stocker, Market Analysts. " He showed on the map the physical area of the property. Mr. McGinley advised ~he property has over a 1080 foot fron- tage along Boynton Beach Boulevard, and a depth of 160 feet before getting to the L-24 Canal. To the east, there is a 180 foot right-of-way before getting to the vacant residen- tial parcel. Abutting the property on the west side is the Villager Shopping Center. He noted Mr. Golden had covered most of the issues to be discussed. - Mr. McGinley stated they have met the intent of the PCD ordinance and have demonstrated a strong market in the area for their specific use. Water, sewer and utilities are available and accessible. Environmental factors are favorable to this type development. Drainage can be easily provided, and roadway capacity would be in by the time the project is completed. Mr. McGinley stated he would review the market study for this project, and discuss the development feasibility on the existing zoning. At this point, Mr. McGinley introduced Mr. Jim Fleischman, Market Analyst. Jim Fleischmann Land Research Management, Inc. 1280 North Congress Avenue Suite 208 West Palm Beach, Florida Mr. Fleischman stated he prepared the market study for the project. He pointed out he would summarize the major points of the market analysis and supplement the information pre- sented in the market analysis in order for him to address - 10 - ,. L MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 w Number Two and Three, on page 7 of the Staff Comments. He would be addressing Issue Number Three first. ., Mr. Fleischman advised Question Number Three concerns whether the property in question is physically and economi- cally developable unde~ the existing zoning. He noted that the staff's position is the subject property is developable for residential and recreational us~s under the existing R-3 zoning regulations. This conclusion, in his opinion, seems to be based on the fact the zoning district will allow resi- dential and not whether its uses are feasible in terms of whether they will fit on the site, whether ther~ is market for potential residential uses, or what the prices of these units would be. ~ *" Mr. Fleischman pointed out there are several other factors in addition to zoning, such as the size and shape, con- figuration, and location of the property, and the market and development costs. It is his opinion that in the zoning ordinance, there are only two potentially feasible residen- tial sites for this property. He noted one would be rental apartments, and the other would be condominiums. In conversations with several major rental apartment develop- ers in Palm Beach County, it was learned in order for ren- tal apartments to be economically feasibly developed, the unit cost has to be between $35,000 and $40,000 per unit. In order for rental apartment projects to be feasible in the market place in Palm Beach County today, the development costs must fall within a range of $35,000 to $40,000 per unit. ~ with this in mind, Mr. Fleischman prepared an economic analysis of the site in terms of whpther or not it was feasible to develop a 42 rental apartment unit on site, and reviewed land costs. He noted he did not use the land costs that were being asked for the property at the present time. He used what they believed was a reasonable land cost for this property, and used a land cost which was much below asking price for rental apartment property. He noted, in Boynton Beach, residential multi-family land is generally selling between $7500 to $10,000 per unit. He used a land cost of $4,000 a unit, prepared a Profit and Loss Analysis for 42 residential rental property, with land cost of - '. - 11 - ----------------- ------- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 . $4,000. It is his conclusion it will cost at least $45,000 a unit to develop rental apartments on this site. .. As stated earlier, Mr. Fleischman advised most rental apart- ments developers believe the unit costs must range between $35,000 to $40,000 per unit. Abiding by that conclusion, Mr. Fleischman stated rental apartments cannot be economi- cally built on this site., '. Mr. Fleischman mentioned the second alternative was con- dominium apartments. He stated he completed a similar analysis in terms of trying to estimate the selling price for condominiums on this property, if they were built at a land cost ranging from $7,500 - $10,000 per unit, which is reasonable in the Boynton Beach multi-family residential market. He did a "bare bones" estimate of cost, that is, he took a look at the site and came to the conclusion that he could build 42 units on the site. He ran a cost analysis to determine the minimum cost, eliminating the options of a swimming pool, tennis courts, and other recreational facili- ties of that nature. Their conclusion was that condominiums would have to sell between $65,000 to $75,000 under the con- ditions of the land cost reviewed, the cost of construction, and overhead administrative costs. ~ Assuming that condominums be built on this site for $65,000 to $75,000, the developer would have to compete in the resi- dential market currently in the vicinity. Mr. Fleischman noted if you drive on Congress Avenue, north of Boynton Beach Boulevard, you will find many projects, including Waterview, Sandlewood, and Mahogany Bay. He noted they are selling in the price range of $65,000 or less, and offering project amenities, such as landscaping, garages, etc. On that basis, Mr. Fleischmann did not believe these units could be observed into the current conditions of the market. AS a result, the developer has come to the conclusion that condominiums should not be marketed on this site. Mr. Fleischman believed the two possible residential alterna- tives on this site were rental apartments and condominiums. Based on the feasibility studies, the translation of those studies into rents or selling costs, ann careful review of the market, Mr. Fleischman did not believe this site has the potential of being able to market any type of residen- tial units. - 12 - ------ ---- ----------_.------~--'~ MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 ~ . . with that in mind, once the developer came to the conclusion that residential units were not feasible, they took a look at the commercial market in the vicinity, and came to the conclusion that the convenience and neighborhood retail ser- vice markets are extremely small in this area at the present time. Mr. Fleischman noted the Boynton Beach Mall is a special case. It is a regional mall, and the, rents are extremely high, being much higher than the developer would anticipate charging the businesses on his site. He eliminated the Boynton Beach Mall and the Boynton Beach Promenade. . Mr. Fleischman noted when you take those two shopping cen- ters out of the market, most of the remaining facilities are either convenience type or neighborhood shopping facilities. Mr. Fleischman had inventoried the vacancy rates and the absorption rates, and came to the conclusion that the small office service/retail market in the area is very strong. It was estimated the overall vacancy rate in these type facili- ties in the vicinity is only 7% with half of that being located at the shopping center on Military Trail and Boynton Beach Boulevard, where the old Grand Union was located. If that facility is taken out, the vacancy estimate for local space is about 3%. Mr. Fleischmann reviewed the Gateway Center and the Forum Shoppes to determine how fast they were renting their spaces. He noted they were doing 3,000 to 6,000 square feet a month which means they should be able to lease their spaces within six to nine months, which is substantial for a local retail center. ..""" Mr. Fleischman's second conclusion was the market for local retail service space was extremely strong. """ In answer to Question Number Two of the staff comments, the main question the staff was required to answer was whether there is an adequate supply of existing commercially zoned property at the intersection of Boynton Beach Boulevard and Congress Avenue. The staff commented it is assumed there is an adequate supply of property zoned for retail and office development. Mr. Fleischman remarked there did not seem to be any basis in the staff comments for this assumption. 'tI(/I - 13 - ------ MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 - In Mr. Fleischman's opinion, that assumption can only be derived after analyzing the following variables in the vi- cinity: ,41 1. Market fo~ a specific development concept. 2. The size, location, and configuration of the existing zoned parcels. .. 3. The economic feasibility of developing a concept similar to the developers on other pieces of property in the vicinity. I Mr. Fleischman noted the staff has commented there is an adequate supply. After his analysis of the intersection, Mr. Fleischman has come to the conclusion there are no other parcels of C-3 zoned land in that vicinity that has the capability or potential to provide the type center being proposed. The development concept being proposed consists of providing small local merchants and businesses reasonably priced spaces for marketing of convenience goods and ser- vices. This means the market bears the fact there are many small businesses and professional office type tenants using 1,000 to 2,000 square feet. He believed there is a market available to provide spaces for small users and is very cost sensitive in terms of rents. \:'iI Mr. Fleischman stated if you analyze the selling price of most of the commercial land at that intersection, you will discover the prices range from about $10.23 and up per square foot for the land. In order to make a project feasible at $10.23 per square foot land cost, you must rent your space in excess of $16.00 per square foot. It was their conclusion that the property being discussed was purchased for a much lower land cost, and as a result, those savings can be passed on to the tenants, providing a reason- able affordable space to that particular segment of the market will be available. Mr. Fleischman noted on other larger parcels, such as the Montgomery Ward parcel, the developers will charge the tenants higher rents. The fact of land costs, the size of the other commercially zoned parcels, and t:he probability of the fact that local convenience centers are not going to be - 14 - .""""","~,,~,:,.'.z::"'~Ili[urr ._,............' ,~.."",',"....... -,-~.'.~ '"-,~ ," ~,,-~ ....-.- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 .. .. developed on other sites, he concluded the proposed site is one of the very few sites remaining in the vicinity where land costs and configurations are such that the local tenant market can be targeted as reasonably priced. Mr. FleIschman concluded the developer is disputing the staff comments that there is adequately. zoned property in the vicinity. '6) Mr. Ryder noted the developer has gone through the trouble of indicating that using this area for residential use would be a problem. He not\ced the developer had not indicated in his report a good reason for the rezoning which would be in the interest of the City and others. Mr. Ryder remarked the developer did not indicate public need for commercial use. One of the issues not mentioned is the impact on the surrounding established residential neighborhood whether the developer eventually develops this area for residences or commercially. Mr. Ryder stated that was a very important issue, and Mr. Annunziato's report indicates there is a genuine concern about the impact on the neighbors. Mr. Ryder noted that concern should be taken into con- sideration. He commented that Mr. Fleischman did a splendid job on the marketing research and the traffic study. However, the facts remain there are many vacancies on completed commercial developments. Therefore, Mr. Ryder believed at this time it could not be maintained that this project is essentially needed. Mr. Fleischman remarked the only two centers that have any substantial vacancies at this time are Gateway Center and the Forum Shoppes. Mr. Ryder noted that the Boynton Beach Plaza had vacancies at the present time. Chairman Trauger commented the Boynton Beach promenade had many vacancies at the present time. Mr. Fleischman replied he had explained to the Board when he was reviewing the market study that he excluded the higher priced centers because they were attracting a different type of tenant. He was looking at the centers that would be com- petitive with them in terms of the kinds of tenants they are attracting. - 15 - ----------~,. ----.--------- ~ ~ ~ ,/ / ,/ ~ / /...~' /" fIlA ,,, -- f1' t .,.. (- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 . Mr. Fleischman agreed with Chairman Trauger's remark that when vacancies are very high, such as they are in the Boynton Beach Promenade, developers do make deals on the rents charged. However, he noted that deals are only tem- porary, and the tenants generally understand that factor. He stated the vacancy rate, as he inventoried it, was only 7%. If you exclude the shopping center on Military Trail and Boynton Beach Boulevard, the vacancy rate is only about 3-4%. The Gateway Center and the Forum Shoppes are in the initial lease up-phase and are leasing spaces at a very ade- quate and successful rate. Mr. Ryder pointed out that Boynton Beach Plaza has a substantial amount of vacancies for a long time. Mr. deLong questioned Mr. Ryder as to the amount of vacan- cies in the Boynton Beach Plaza. Mr. Ryder believed there were about four to five stores vacant. Mr. deLong noted that the 4% vacancy figure is about average for the area. Mr. deLong asked Mr. Fleischman if he had a 172,000 square foot on this site and building 35,000 square feet of actual building. Therefore, the Board is looking at 20.23% of the total project per actual building. Mr. Fleischman believed that was correct, but was not sure. Mr. deLong added that the Board is looking at 20-21% of the actual use of this land for building purposes. Mr. deLong gathered from Mr. Fleischman's conversation that he apparently got a land steal or bargain compared to $10.23 per square foot that was quoted earlier. Mr. deLong was concerned with the statement that this property is not usable for con- dominium sales or rental units. It would appear to Mr. deLong if you could assume the real bargain would be $5-6 per square foot, then the acquisition costs would be about $865,000. If you could build 42 units on that size property, your unit cost would be about $20,592 per unit. Mr. deLong questioned the issue of build out and the cost of construction per square foot. Mr. deLong determined from Mr. Fleischman's presentation that the feasibility study predicted $20,000 per unit for land acquisition, and $28 per square foot, assuming a 1200 square foot unit. Mr. deLong commented this was a reason- able estimate. Mr. Fleischman assumed condominium buildings - 16 - " // / ,.. IIIIlIIIl t-. .., ... fI MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June $, 1986 would average $7,500 per unit and rental apartments about $4,000 per unit. Mr. Annunziato stated there is no question that staff is not equipped to analyze market feasibility in detail as the applicant is. He did want to bring to the Boardls attention several facts. The Planning Department was advised in 1979 by the Comprehensive Plan consultants that it would always be easy to prove there is a demand for commercial space because of the Boynton Beach Mall, particularly along roads that access the Mall. The Planning Department was warned that this would be an issue that should be given careful attention because of the potential negative impact, involving congestion on the streets and interface on long- range uses. Obviously, this was something that was coming. Mr. Annunziato referenced the potential for commercial square footage based on vacant acreage, and commented this is really a way to determine whether there is a need for additional commercial floor space. He apprised the Board that they will be receiving on Tuesday night a site plan that has been filed, reviewed, and still has several site plan problems connected with it. He noted the Board may recommend it be tabled, but we are in the final stages of processing the site plan which will show you about 165,000 square feet of retail. The point of the fact is that they go to great lengths in advising that much of this will be convenience groups because they request a 25% reduction in trip generation rate and what they determine they will be testing for second stop trips, which are convenience shop trips. Therefore, the question whether 'or not there is available retail floor space, we know there is. In addi- tion, on the County's Comprehensive Plan, the entire area between Boynton Beach Boulevard and Old Boynton Road, is in a potentially commercial category. In fact, everything from about 400 feet west of winchester Park Boulevard eastward to Congress Avenue has potential for retail commercial, as opposed to office and professional. All the properti~s along Boynton Beach Boulevard on the north side are also going to be on the retail commercial category. These are properties that are zoned commercial, and will be developed. Mr. Annunziato pointed out this property is not the easiest property to develop for residential purposes, but it has - 17 - . .'-~--'-'----_'_____.m '__.'.._______.______.__ L ..... ,.. ~ ... ,. ,/ ,I" ,,' MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 value to it, if not today, it will have more value tomorrow. As traffic congestion increases, in-town locations are becoming more valuable. It is an unusually shaped piece, but Mr. Annunziato believed it is a problem that can be mitigated with proper design. Mr. Annunziato noted it is clear the Planning Department has not gone through the market analysis that the applicant has, but on the face of it, there is ample zoned commercial pro- perty in the area, and probably will be for the next ten years. At that point, Mr. Annunziato concluded we may be looking at a different world. Mr. deLong questioned the parcel Mr. Annunziato was referring to in his presentation, Winchester Park Boulevard, the total acreage there is about 23 acres. Mr. Annunziato clarified it was about 60 acres. Assuming it is 23 acres, Mr. deLong noted the property on the market would net $15.75 a square foot to the owner, which is $16,000,000. He did not feel there would be any convenient type stores in that area. He believed it would be high-priced commercial pro- perty because land acquisition dictates that it must be. Mr. deLong questioned if he was correct in reading the Five Year program that Boynton Beach Boulevard from Congress Avenue to Military Trail is going to be six lanes starting this year. Mr. Annunziato stated they were very close to having the permit issued for that construction. Chairman Trauger stated the permit has been in the Department of Transportation for the last four months1 ready to go. As soon as the permit is issued, the city was promised there would be stakes in the ground within thirty days for six lanes on Boynton Beach Boulevard. The bids have been accepted for both four and six lanes. The difference be- tween the bid price of the four laning to the six laning has been promised to be picked up by Palm Beach County. The only thing that is detaining it is the legality of who gets the permit. Normally, they issue it to the engineer 'or the contractor building the road. The Department of Transportation has changed that and made a bonding part to give that to Palm Beach County to monitor the contract. That is where the hold up is. Chairman Trauger hoped by Monday night's meeting, this will have been resolved, and the permit would be in hand. - 18 - /' / ,/ _l /' t .. ~ "- ,,' . .. / " MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, ,1986 Mr. Schultz referenced the statement that the developer was attempting to come up with a price of under $16.00 a square foot, and questioned the normal size of the bays. Mr. McGinley stated the bays would be 1200 square feet, measuring 20 by 50 and 20 by 60, standard size. Mrs. Huckle pointed out the Planning Department made a recommendation, in the event the Planning and Zoning Board and the City Council were to approve the PCD, the developer be restricted to office professional. Mrs. Huckle asked the applicant's representative for his response to that possible type of zoning in PCD, which would be strictly office pro- fessional. Mr. McGinley stated they are requesting a por- tion of the parcel to be office space and a portion to be retail. The retail market is so strong that they would prefer being part of the retail market. Whether or not the property can support 40,000 square feet of office space is something to be reviewed and recommended to his client, but he still recommended that the owner pursue t.he retail use. Mr. Ryder noted the trips per day would be much greater if it goes retail rather than an office and professional. The applicant realized that factor, and acknowledged they can meet all the standards, as required. Chairman Trauger questioned if there was only one curb cut leading into the entire site. Mr. Annunziato clarified there are two median cuts on Boynton Beach Boulevard with existing turn lanes, one to the west and one to the east. At this point, Mr. McGinley introduced Eugene Lawrence, the architect and site planner. Eugene Lawrence Architest and Planner 205 Worth Avenue Palm Beach, Florida Mr. Lawrence pointed out, as was explained earlier, the' problem handed to him was how to make an effective mix-use complex on this piece of property. He noted he does not comment on the policies as to what use is proper and not proper for architects. His job is to make the most success- ful and attractive building that can be built, and that is - 19 - / I ....... ,. fA ~ fA ..~r MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June'S, 1986 what he sets out to accomplish. with a planned commercial development, there is a requirement for a ten foot perimeter on three sides, the front and the two sides, and 25 feet in the rear. There are about 172,000 square feet of land on this property. When you take just the greenbelt that buf- fers the property, it amounts to about 34,000 square feet, which is just over 20% of the property in buffer alone is greenspace. If you look at the shape of the property, it is an extremely difficult shape. As you look at the service drive in the rear, there is also a 40 foot setback on the property line, in addition to the 120 foot right-of-way, and a 40 foot setback on the front from the street. Therefore, you are automatically squeezed into a very long narrow building configuration which, as architects, we do not like. Looking to the west, he established a basic parking area which would feed one mdjor 6,000 to 7,000 square foot user to the west. There is a single row of parking down the street, which is broken in the middle down to a very narrow space. He worked the shopping bays off 15 feet because he determined with smaller use tenants, they do not require 1200 square feet. There are three different bay depths down to the smallest which is 600 feet. Therefore, the travel agent or the service person is not stuck with a tab of 1200 square feet when he only requires 500 to 600 square feet. consequently, he can work the retail areas down as small as 500, 800, 1200 square feet or bigger if the tenant desires. Mr. Lawrence attempted to accomplish two things with the price - to keep the base rent at a minimum for the small merchant, and to give the potential mer9hant the size space he needs for his business. ' The next thing this arrangement accomplishes for the deve- loper is a breakdown of this building mass into small pieces so it is made into a little village. There is a buffer and service behind, and a~all, 25 foot green strip plus the canal right-of-way. Regarding the office portion, Mr. Lawrence stated it is a one story building and is set farther back from the property line of the buffer zone so that everyone has a green space. Mr. Lawrence explained as you look to the east, there would be a canal view. Right in the middle of the property, to - 20 - ,-.. / 1~"" --. '" ",.. .. fA ,/ / " " MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June~, 1986 the west of the office space, where the green runs in between, those are suites that open to a green space. This proposed office space is for a professional, lawyer, archi- tect, engineer or someone who wants a self-contained space. Generally, Mr. Lawrence has taken the green spaces around the property, and tried to capitalize on its use. He has taken a one story building mass, and attempted to break it down into smaller components so it is compatible with both sides of the street. Mr. Lawrence personally believes, as an architect, if you cannot design something that looks better than the competition and still be in the price bracket where you are not paying $18 to $22 a foot of overrides, he did not believe the project would survive. Mr. Lawrence reiterated this is a difficult piece of pro- perty because it is so narrow and long. He believed this is a solution that is compatible physically with the neigh- borhood. As an architect, he could not comprehend four story apartments on this piece of property because of the high traffic road. Mr. deLong commented, in view of the land acquisition costs and based on Mr. Lawrence's comments, he believed the archi- tect had plans of doing something unusual in construction on this site. He questioned the type of construction which was proposed. Mr. Lawrence described it would have a pitched roof, not a flat roof, and something in terms of clay tile or cement tile roof which is more residential in character. Mr. Lawrence acknowledged a strong phi16sophy, as an archi- tect for twenty five years, that if you work hard at it, you do not have to be cheap to be economical. If you work with your structure, you can make something workable within a reasonable economic framework. Mr. Lawrence referenced Crystal Tree on U. S. -1, across from Old Port Cove, as one of his projects. He believed it was unique. He saw the term "strip shopping center II and commentep. that crysbal Tree was basically a strip shopping center, but he was able to do some things with materials and breaking that mass that made it economically viable. Mr. McGinley stated as far as consistency to the Comprehensive Plan, he noticed on all the other roads - 21 - / ,( ~..-2..'" . / ~,., -..._\ - f'!-. " ~ f1 _/~' ,/ ./ MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 leading out of the intersection of Congress Avenue and Boynton Beach Boulevard, there is a physical barrier that can be defined where the commercial property ends. If you go north, it ends up at Old Boynton Road. If you go south, you can see it going through Ocean Drive. However, for some reason, it stops at the Villager Shopping Center. Mr. McGinley suggested that the E-4 Canal is a logical place to stop and is an existing physical barrier. Mr. McGinley stated it was not necessary to consider this petition will set a precedent for further development to the east. As far as the precedent on the property to the east, Mr. McGinley did not believe that was an issue since the property to the east is much larger and has a greater depth. The potential for residential zoning is much greater on that site than on the subject site. He is submitting a PCD and stating that the conditions will be complied with, and that it will be landscaped and buffered. The applicant will do what is necessary along the northern and southern boundaries to make the project compatible with surrounding land uses. Mr. McGinley concluded the Leisureville Condominiums have commercial development along its western boundary, and it appears to be working. Mr. McGinley questioned if the high density residential development would be consistent with the single-family residential districts to the north. He suggested that a high density four or three story residential development would still have an impact on the single-family residential de- velopment. Mr. McGinley stated he was proposing a single story structure with adequate buffering that can reduce all impacts, as far as physical and noise impacts from Boynton Beach Boulevard and his project. The noise and visual impacts will be reduced as a result of buffering the trees, and they would be willing to be tied into those conditions. Mr. McGinley asked tke Board to consider approving this package, as it has been presented. , Mr. Schultz noted the architect mentioned on two or three occasions that the structure would not have a flat roof. Mr. Schultz noted on many shopping centers that are being built today, there are beautiful roofs on the front, and yet 3, 5 and 8! ton air conditioning units are stacked on the backside. He stated that is where, against a residential - 22 - // / / ./ .../' ?~ - fI"'A. ~ ~ r MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 community, all the complaints originate. Mr. Schultz questioned how the applicant intended to handle the back roof. Mr. Lawrence stated usually the architect works a flat roof, and then a t~uss is taken, sloped up and the unit is set back under that, so the equipment is screened from both sides. Mr. Schultz commented it was not only the screening he was concerned with, but also the noise coming from the units, and believed most people would be interested in noise screening. He noted if the merchant is a small restaurant, such as a pizza parlor, etc., the problem with the back side would be the most important issue. Mr. Lawrence stated, if this project gets done, and he is still the architect, there is going to be site screening for everything on the roof, minimum one to one. Mr. Lawrence noted one of the other advantages of the smaller shops is you wind up with 2, 3, or 5 ton units, as compared to a large sto~e where you need units to accom- modate 30,000, 40,000 or 50,000 feet, and where you are dealing with 50-100 tenants. Therefore, the site screening can be accomplished. Mr. Lawrence admitted sound can be controlled to a point. You may have a vertical barrier that it hits that deflects it, but it is going in the air. He believed at that distance you would have more noise from the highway than from the air conditioning equipment. Mr. Schultz stressed the people do not want a situation in which the building has a beautiful front view and its back side looks terrible. Mr. Lawrence stated he agreed that the back view is as important as the front view, and has demonstrated this belief in many projects he built. Mr. Schultz noted a smaller unit did not necessarily elimi- nate the increased noise generation since there is a possi- bility that a dry cleaning establishment with only 800 square feet could occupy the space, and it would requ~re a larger air conditioning unit. . Mr. deLong stated when an applicant is requesting a peD, the people should realize the amount of control the City will have over what the developer does. He is concerned about the view across the canal, even though it is 165 feet, and - 23 - ./' I - 1" ,.. , ~ ('" ,; J".' ," MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 6, 1986 noted there are gaps in the barrier. He stated that people in fairly nice housing do not want to look at plain cement block walls on the back, while the front is embellished on Boynton Beach Boulevard. He commented under the PCD, these people would have more control than they would if someone carne in and developed rental units in which the city would not have as much control. He noted the control would be limited, and because of what they have to get in rents, it could be something that might not stand for any type of longevity as some of the Leisureville buildings have withstood with time. Mr. Pagliarulo referenced the architect's comments on single story buildings, and questioned the anticipated height of the buildings. Mr. Lawrence stated he normally tries to work retail space with a cleac structure height of about 14 feet. Height is normally defined as the underside of the roof sup- porting structure. He could expect on top of that to get a pitched roof which would go very high, but the basic shell would be a rough ceiling height of about 14 feet, which would give the merchant a 4 foot finished ceiling height. Mr. Ryder questioned if the applicant was aware that the PCD provides for permissive uses the same as a C-3. This was confirmed by the applicant. Mr. Ryder continued that there was some agreement reached as to the limitation on height. He stated from his past experience, some projects do not go ahead after they receive a change in zoning. The City is then stuck with something that includes permissive uses under C-3. Mr. Ryder noted that this i~ something the Board must think about because it has happened on previous re- zonings. .He commented, as far as retail, he is not convinced that residential units cannot be built on the site. He referenced the Leisureville Condominiums located across the road from the proposed site. Mr. Ryder stated this is an example of a residential building that backs up on Boynton Beach Boulevard. He further stated that there are problems existing now which are similar 1:0 what the qppli- cant wants to do which involves the Villager Shopping Center, immediately to the west of this area. There are two curb cuts located there, and that gets to be a problem getting in and out. This project will complicate the problem because it is a commercial retail use. He is not convinced that it cannot be developed residentially. within - 24 - /1' # ,< ,,' ~ f" ~ -. " MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June S, 1986 recent months, the Planning and zoning Board have received many requests for rezoning from residential to commercial. Mr. Ryder has believed that unless a definite public need can be indicated, he would definitely be opposed to such a rezoning. Other cities along the Ocean are also taking that viewpoint. For example, Delray Beach has planned to discourage any change in rezoning residential to commercial. He added that the city has adequate commercially zoned areas underdeveloped which can be used for that purpose. Mr. Lawrence stated he waS going to address himself only to the physical issues of this site, and asked if there were any other questions in regards to the physical building itself. Mr. McGinley mentioned if the project was developed as resi- dential, it would probably be three or four stories in height. He wondered what type of impact that would create across the street in Leisureville, and looking down upon the units to the north. Perhaps with residential use on this property, the temptation for using the waterways would be greater. He believed there was a tradeoff that could be made for the noise factor. He stated that some of these noises would be present whether it is residential or commer- cial due to the traffic. Mr. McGinley reiterated that he would be more compatible with this proposed rezoning and be tied to conditions that the Board would impose. Mr. Ryder noted the proposed project would still exceed the daily number of trips over any kind of residential develop- ment. He stressed traffic issue was an Important factor because Boynton Beach Boulevard is getting worse all the time. Chairman Trauger asked if there was anyone in the audience who would like to speaK in favor of this proposal. No one from the audience responded. Chairman Trauger asked if there was anyone in the audience who would like to speak in objection to this proposal. In response, the following presentations were made: - 25 - / ,tf ,/ " I"~ , / ~ ;;;;;;;;" 'f" 1-' " ,-. /1 MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Ed Bernard 1253 Gondola Court Venetian Isle Subdivision Boynton Beach, Florida Mr. Bernard stated that within one mile of his residence he can travel to any store Lo purchase anything without having more retail stores. He stated it would be detrimental to the environment, the birds, the alligators, and other living things that live in the canal. Mr. Annunziato noted that Mr. Bernard lives adjacent to the northwest corner of this property, and is property owner of two other parcels in that area. Jim Cree lll7 Lake Terrace Leisureville Boynton Beach, Florida Mr. Cree stated he lives across Boynton Beach Boulevard from this property. He bought a two bedroom apartment in 1970, and he must shut off the front bedroom. He cannot get out of the driveway area onto Boynton Beach Boulevard because there is so much traffic which is continuous all day long. He stated there was enough traffic and the area did not need anymore. Mrs. Huckle questioned since he lived there, did Mr. Cree think it would be a bad idea to have apartments or more residences encountering this noise factor' which he seemed to be unable to tolerate. Mr. McCree stated it was not a good idea to have commer- cial stores on that property. Mrs. Huckle questioned having more apartments similar to his. She asked Mr. Cree if he could not hear or could not stand the noise from his apartment, would it be practical to build more apartments across the road. Mr. Cree stated he is not telling the Board what to put there; he is saying there should be no more traffic, and presently he cannot get out onto the main road. - 26 - / r:/ ",.. ,., ~ f. MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June' 5, 1986 Mr. deLong stated if apartments were built across the way, his apprehension of what would happen would be similar to what is happening on Seacrest Boulevard near Bethesda Hospital. The traffic, which is nowhere near what it is on Boynton Beach Boulevard, has adversely impacted that area, and noted there loust be at least twenty "For Sale" signs in an area of five blocks. He noted if rental apart- ments are built on the subject property, they will probably be low type rental apartments because anyone renting those apartments or buying a condominium on that site is going to observe the traffic and noise problems. Mr. deLong believed if you go for a project that reduces the intensity of the land use to this extent, and a project that is controlled by the City planner under the PCD, there will be less activity. Mr. deLong heard about the traffic count being different, but he did not know the number. He com- mented in some instances there is a higher generation of traffic in residential areas. Mr. deLong added this pro- posed project is not considered a large commercial develop- ment. He suggested to Mr. Cree that he should seriously consider what could go across the way by contrast to what he thinks might be euphoria, and might not be euphoria at all with rental units across the way. Mr. Cree thought it would be all right to approve one story buildings across the way for apartments, and there would not be so much traffic corning out onto Boynton Beach Boulevard. Mr. Ryder believed the issue is this proposed project is adjacent to an established residential neighborhood, and we are concerned about the impact from commercial development on this parcel. He did not feel it was up to the Board, at this time, to try to resolve how it can be developed resi- dentially. Arthur Schorr 1111 Lake Terrace Boynton Beach, Florida Mr. Schorr questioned if there would be a 7 foot roadway needed on both sides of north and south Boynton Beach Boulevard. - 27 - ./' "I /" r: - ,. ..,.. .... ~ , MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June 5, 1986 Mr. Annunziato clarified, if the County decides to proceed with a full right-of-way on that road, it would be the stan- dard. He believed there would never be an attempt made to secure additional right-of-way on the south side of Boynton Beach Boulevard. understanding Mr. Annunziato's explanation, Mr. Schorr stated from his back porch it would be II feet. He stated he would practically be looking at a sidewalk and the road- way which would only be about 6 or 7 feet away from him. with the noise factor from trucks, his tE!levision is use- less, and he wakes up from his sleep at all hours of the night. He stated the noise cannot be handled with the trucks at night, and he thought it would be unreasonable to take 7 foot of his backyard. Mr. Annunziato stated that was not suggested. Bob Bosso Representing the Villager Shopping Center Mr. Bosso stated the problem is that the Villager Shopping Center has only one left turn out for the cars going east toward 1-95 or into town. with the proposed plan, there will be a problem for cars exiting from his shopping center and attempting to make a left hand turn toward 1-95 or town. The cars have to wait until the traffic subsides, and it is a very hazardous situation. Mr. Bosso noted customers have apprised his tenants they will not go back to the shopping center because this situation is too dangerous. with this particular plan, there is an existing turnout which is 200 feet from the eastern edge of the Villager Shopping Center. There would be traffic exiting 400 feet down the road, and that is too close. If something could be done to stop traf- fic in order for the cars to get out, Mr. Bosso's objection would be relinquished, and there would be no problem. He noted the proposed project has two turnout lanes, and reiterated it is a very hazardous and dangerous situation. In reply to Mrs. Huckle inquiry, Mr. Bosso reported the amount of square feet for the Villager Shopping Center is 20,000. Mrs. Huckle asked if the extra parcel to the west was part of the Villager Shopping Center. Mr. Bosso explained it was not part of his property, and was a PDQ and a Hoagie Hut. He stated he had one turnout lane, and noted - 28 - .I ~...,/ f" - ~ ~ ~ ". / ,I c"!/ ,..- MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June '5, 1986 there was no problem for the cars turning right. However, many cars turn left, and it is difficult for them to get out. Joseph Amarlino Representing the Coalition of Concerned Citizens of Leisureville all S. w. 6th Avenue Boynton Beach, Florida Mr. Amarlino stated the full voices of the residents and taxpayers cannot be heard since more than 40% are away for the summer. He believed any change of residential property to commercial zoning should be denied and made to conform with the State, County and city Comprehensive Growth Management Plan to lower density wherever possible. He stated the character of the community should not be destroyed, and the values of property and homes should be upgraded and enhanced with more people and families that can support the existing overbuilt shopping centers, strip stores, and one of the largest malls in Florida. The Boynton Beach Park of Commerce was approved by the Boynton Beach city Council and contains over 500 acres of strip stores, office buildings, and hotels south of N. W. 22nd Avenue and east of Motorola, west to 1-95. with the large number of shopping centers in construction at the present time, and commercial zoning already approved, he stated this application is not needed. Mr. Amarlino concluded the rezoning of this property should be denied for the good health, peace, and tranquility of Boynton Beach. Jim Torbert Chairman of the Board of Directors for Leisureville 2399 S. W. llth Avenue Leisureville Boynton Beach, F10rid~ Mr. Torbert stated it seems the city of Boynton Beach has been going crazy within the last few years with commercial development. As far as office space is concerned, there are two large buildings being constructed on Woolbright Road, and another on Boynton Beach Boulevard. There are several lots on Woolbright Road that are designated for office devel- opment. Mr. Torbert did not see any need for additional - 29 - i - '" ,.. .. " /' ./ ," ;.:~.. ,0-. , /' MINUTES - PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA June ~, 1986 office development in a congested area along Boynton Beach Boulevard. He felt the same about commercial development. Up and down Boynton Beach Boulevard, across Congress Avenue, and out west, there is commercial development. Farther out on Military Trail and Boynton Beach Boulevard, there is a tremendous shopping area. There is a mall. He stated it appears there is overdevelopment at the present time for commercial and office building. From that standpoint, Mr. Torbert and Leisureville residents believe this proposed rezoning request should be denied. There being no further presentations in opposition to the proposal, Chairman Trauger declared the PUBLIC HEARING closed. Mr. deLong agreed with Mr. Torbert concerning C-I develop- ment in Boynton Beach. He believed there was enough office space for the next five years. For this reason, Mr. deLong would be against a PCD and the rezoning of the property, essentially to office use. He did not believe it was eco- nomically feasible to go all office on this project, and noted the developer must have some retail stores. Mr. Ryder moved the application for rezoning of cross Creek Centre from R-3 to PCD be denied, seconded by Mrs. Huckle. Chairman Trauger stated it was moved and seconded the appli- cation for the request for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density, as stated on the Agenda, be denied, and added to the motion that the recommendations are inconsistent' with the Comprehensive Plan. The motion carried 4-3. The following Board members were opposed to the denial of the application: George deLong John Pagliarulo William Schultz Chairman Trauger advised the developer and the agent that this application will come before the City Council on June l7, 1986, in the City Council Chambers, at 8:00 P.M. and as soon thereafter as the Agenda permits. - 30 - I I I..... , . I " '" t . ,- .. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1,986 Buccigross attended the P&Z Board meeting before coming before the Council, and the P&Z Board unanimously voted to reject the application. He thought they did a good job and hoped he would be able to say the Council did a good job. Mayor Cassandra read a letter, dated June 17, 1986, from Arline Bernard, 302 Venice Drive. Miss Bernard objected to changing the strip to commercial because (1) it would cause more noise and traffic. (2) The building would be between two residential areas (Leisureville and Venetian Isle). (3) The strip is on choice waterfront property. (4) Miss Bernard lives just across the strip proposed for commercial zoning and this would decrease the value of her property. She would be gazing at dumpsters, air conditioning and an ugly plaster wall instead of natural beauty. Miss Bernard called attention to the empty stores at Gateway and other properties and the empty offices on Boynton Beach Boulevard and Woolbright Road and wrote that there is no need to change this area. As no one else wished to speak against the request, THE PUBLIC HEARING WAS CLOSED. Councilman Hester moved to DENY the request, seconded by Vice Mayor Zimmerman. Motion carried 5-0. ~)consider request submitted by Kevin McGinley, Agent for ~ Steven Rhodes, Trustee, for an amendment to the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and rezoning from R-3 Multi-Family Residential to PCD (Planned Commercial Development District) for the purpose of allowing construction of a mixed use office/commercial development consisting of a 20,000 square foot commercial building and a 15,000 square foot office building Mr. Annunziato said the location of this site is along Boynton Beach Boulevard just east of the Villager, on the north side. The property is bordered on the <north by Canal 24 and the Venetian Isle subdivision, on the east by the E-4 Canal, on the south by West Boynton Beach Boulevard and a multi-family area of Leisureville, and on the west by Villager Shopping Center, which is C-3. The request came to the Council from the P&Z Board with a recommendation to deny and a finding of inconsistency with the Comprehensive plan policies governing the location of - 35 - -.1 ~ t' ..,-- J-, ~ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 commercial land uses. There was much discussion on the request, and the vote was 4-3. Mr. Annunziato believed much of the discussion centered on the location of the property along Boynton Beach Boulevard, the use of the property for residential purposes, and the potential redevelopment of the property somewhat as an extension of the Villager. Lastly, he believed there was some support for the request, based on the zoning requested by the Forum and the structure proposed by the applicant being one story. The Planning Department presented a report to the P&Z Board, and the Board received testimony. In the new Comprehensive Plan being evaluated, with Boynton Beach Boulevard becoming the new east/west entrance into the City, and with the future thinking of the turnpike being opened on Boynton Beach Boulevard, the mall, 1-95, and shopping centers, Mayor Cassandra said it will increase the traffic on Boynton Beach Boulevard to a very high level. He knew the City was recommending safety considerations for level roads. Mayor Cassandra asked if Mr. Annunziato's staff felt that was going to stay residential under the new Comprehensive Plan. Mr. Annunziato answered affirmatively and added there was no recommendation to change it. Mr. Annunziato said the City anticipates high traffic generation in this area as a result of the mall and the commercial potentials exhibited by properties west of Congress Avenue, the shopping center site previously talked about, and existing shopping centers. Even though there appears to be a market for additional commercial, ft will substantially increase the traffic generated by something like seven times from this tract of land. Mr. Annunziato referred to the 1979 Comprehensive Plan, the knowledge then that we would have a Boynton Beach Mall, and the recommendations made as to the size of the area. He remembered that they were that the City Council would have to be very much aware of the fact that sites on majorfpoints of access to the Boynton Beach Mall would be considered available for rezoning to retail because there would be a large demand on all points of access to the Mall. Mr. Annunziato stated that the City staff thinks the site can be developed residentially, can accommodate some 40 odd units, and the impact on Boynton Beach Boulevard would be less severe with residential as opposed to commercial. - 36 - ~------.------------------~_.._.- -. ''''f t -, " t~ / i I , MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, .1986 Another item Mr. Annunziato said the Council should be aware of is the potential of the precedential nature of this request. As you look eastward from the site, across the E-4 Canal into the very large 17 plus or minus tract bordered on Old Boynton Road on the northeast, and Boynton Beach Boule- vard its entire length on the south, and relocated 8th Street splitting itself up at the eastern site, he said they are all sites the Planning Department gets information almost weekly on, and they can be developed commercially. The market studies would show them there is the capacity for retail development. The question is whether that is the preferable form of land development from Boynton Beach's point of view. As an R-3, Mayor Cassandra told the people commenting about concrete walls that they could now be looking at a 45 foot high building. He wanted the people to be aware that the land could be developed and have 45 foot high buildings. Vice Mayor Zimmerman pointed out that the density would still be limited. Mayor Cassandra said they had commercial from Congress Avenue, then go to Leisureville. Then there is commercial all the way down to U. S. l. On the north side, there is the strip shopping center, all of the undeveloped land which is now residential, another piece of land, Wendy's, the gas station, and then all commercial. The commercial point starts from Leisureville east, except at the intersection. Kevin G. McGinley, President, and Jim Fleischmann, Market Analyst, Land Research Management, Inc., l280 North Congress Avenue, Suite #108, West Palm Beach, Florida 33409; Eugene Lawrence, Architect and Site Planner; and Ken Rogers, Civil and Traffic Engineer, were present to represent the appli- cant. Mr. McGinley thought Mr. Annunziato did an excellent job summarizing what happened with the P&Z Board and the staff recommendations. In the staff report, Mr. McGinley said it was concluded that they met most of the infrastructure needs (water, sewer, roadway capactiy, drainage, etc.>. They also demonstrated in their market study a strong market for the proposed use they were presenting. Mr. McGinley thought the question really became consistency with the Land Use Plan and how they intend to deal with the potential land use conflicts. The applicant took the position that the property is not developable for high density residential. Mr. McGinley - 37 - 'It ..-:J - tt .. .~. /r 'I l MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 stressed that it was not feasible, given the traffic counts and dimensions of the property, which are I,080 feet of frontage along Boynton Beach Boulevard and 160 feet of depth. Out of the 168 feet, they have to give a right-of- way. Also, Mr. McGinley said they do not believe high density residential is compatible to single family residen- tial on the north side of the canal for the reasons the Mayor just brought up about the height. Mr. McGinley brought out the fact that Boynton West Road is six lanes with an average of approximately 30,000 trips a day with single family residences on the other side of the L-24 Canal. With that and the associated difficulties of developing this property as residential with amenities, such as pools and tennis courts, which are really prohibitive on the site because of its dimensions, the applicant feels the only amenity the developer would be able to offer would be to utilize the waterway system (canals). They envision many more impacts to that system. Mr. McGinley referred to Mr. Bernard liking the way it is now and said, under their proposed commercial development, they would be absolutely restricting any use of the waterways. Rather than present a technical summary of the market study itself, Jim Fleischmann, Market Analyst, wanted to pull certain information from it, supplement it with other pieces of information, and use it to respond to issues 2 and 3 on page 7 of the staff comments. He read issue #3 and said the conclusion seemed to be based solely on the fact that the current zoning will allow or permit those uses. Nothing else in the ~taff report lent any economical or feasibility type of credibility to that statement. The conclusion was strictly based on the basis of the residential and recreational uses being allowed. In addition to the zoning, Mr. Fleischmann said several other factors must be considered in order to determine the feasibility of developing the site as decided by the staff, including the site's location, its configuration, actual land development costs, and the market. Based on the staff's comments, it was concluded that the only two possible uses under the existing zoning district are either rental apart- ments or condominium "For Sale" units. In terms of rental apartments, Mr. Fleischmann had conversa- tions with several large apartment developers in Palm Beach County. It was brought to his attention that in order to be - 38 - .-- -- ---~ ~----"--_.- -----~~._-- I t , , ) ,I MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE l7, 1986 economically feasible, rental apartments have to be developed for a total development cost of between $35,000 and $40,000 per unit. His company prepared a profit and loss statement, and it was their opinion thdt the subject property could not be developed for residential rental purposes for less than the maximum of $40,000 per unit. Once you get involved in $40,000 a unit, you have to charge rents in the ranges of $500 and $600, which are not competitive with existing pro- jects in the vicinity, whose rents are as low as $465 to $500 a month. As to condominiums, they again prepared a profit and loss statement and concluded that condominium units on the site would have to be sold betw~en $60,000 and $70,000 per unit, in order for the developer to break even on the project. Mr. Fleischmann referred to other projects as you drive north (Waterview, The Meadows, Boynton Lakes, Sandalwood, and Dos Lagos), which are single family or multiple family units selling for $55,000 to $65,000. Each of those projects have large amenity packages, are well landscaped, and none of them have frontage on a main road. Mr. Fleischmann said the applicant does not feel that either rental apartments or condominiums can be marketed on this particular site. With reference to issue #2 on page 7 of the staff comments, Mr. Fleischmann says there are currently 59 acres at this intersection, 20 of which are undeveloped. l5 of those 20 acres are the Montgomery Ward parcel referenced in the previous project. Staff also references the undeveloped out parcels at the Boynton Beach Mall and the northwest inter- section of Boynton Beach Boulevard and Con~ress Avenue out to Knuth Road, which they anticipate will corne to the City for annexation. The City staff also anticipates that the County will grant commercial zoning. presently, Mr. Fleischmann said that property does not have commercial zoning. . Based on those points, Mr. Fleischmann said it was the staff's position that there is an adequate supply of commercial zoning. In actuality, in order to arrive that there is enough commercial acreage, he said existing acreage must be analyzed in terms of size, configuration, location, selling price, and the market for the various types of commercial and retail uses that could be developed in the area. - 39 - ;,: I . oJ " -. . '( .........-- I MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 Mr. Fleischmann continued that commercial centers are generally classified in terms of basic types of regional malls, community centers, neighborhood centers, or a convenience. Each of these types of commercial centers has its own separate market, which needs to be individually analyzed. If you look at their site in terms of which one of the four types of commercial facilities it would be, the size is 3.97 acres, and the configuration is only 160 feet deep. As to visibility to and exposure from large traffic volumes, Mr. Fleischmann said there is only one possible kind of center the site could be developed for. That was a convenience center. It is not big enough to be developed for any of the other uses. Mayor Cassandra asked if a convenience center was the direction they were going to. Mr. Fleischmann answered affirmatively. Mayor Cassandra asked what he meant by a convenience center. Mr. Fleischmann replied that they looked at personal service type tenants, such as dry cleaners; beauty and barber shops; florist; professional, medical, and dental offices; travel agency; and a finance company. Mayor Cassandra noted Mr. Fleischmann's argument was that condominiums and rentals were not feasible. He was under the impression that the applicant was also wishing to develop 20% of the whole land and questioned whether that was feasible. Mr. Fleischmann confirmed that Mayor Cassandra's understanding was correct and said it was feasible. He explained that the purchase price on the pr~perty was very conducive to charging a low rent structure to local tenants. Mayor Cassandra asked what they would do with the other 80% of the land. Mr. Fleischmann replied that they would put landscaping and buffering and assured Mayor Cassandra it would not be just parking. lots. As you look at other vacant parcels of currently commercially zoned land in the area, Mr. Fleischmann said the selling price of those parcels is extremely crucial in terms of whether or not they can be developed as a conven- ience center. All of the other vacant parcels currently on the market are on the market for between $lO and $15 a square foot. There are also large parcels, which means they will be developed as large centers. When you start talking about selling prices in excess of $10 a square foot up to $15 a square foot, you have to get rents from $16 to in excess of $20 a square foot. - 40 - ".- ..._----'---._~---- , I " i , ..I r, ., -=:0.. q .;~ ....-.-- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, ::t986 In looking at all of the slClall shopping centers in the area, Mr. Fleischmann found the vacancy rate is 3%. The Gateway Center and Forum Shoppes are leasing space in a very rapid manner, which is indicative of a strong market. Mr. Fleischmann stated they feel there are no other parcels in the area that can be econowically developed for their concept, and they will be developed for other types of concepts. Eugene Lawrence, Site Planner, emphasized that there is a 25 foot buffer that runs along the entire north property line, and a ten foot buffer surrounds the remainder of the property. They are using 20% of the land for buildings and also 20% for pure green, which does not include the green spaces with- in the parking. Mr. Lawrence showed a drawing of the Behind that was the 25 foot buffer. right was the office strucLures they floor suites. Mayor Cassandra asked Mr. Lawrence answered that they will showed renderings of structures they commercial structure. the building to the anticipate will be one about the retail, and all be one level. He have done. Mr. Lawrence said the design of any commerical is the control of the signs. He called attention to sign band on the lower part of the wood shaped roof and thought it would be very compatible with what they propose. The bottom sheet showed the profile of the high density residential. Mr. Lawrence was not going to debate use because it was a plan or policy decision, and he told the Council it was their decision. As an Architect, he said when they look at the comparison of the physical structure of the one story v~rsus a four story, they believe the one story is a lot more compatible. Mr. Lawrence showed renderings of other projects they did. His point was that strip shopping did not have to be like a four letter word, and he expounded. Mr. Lawrence addressed the people from Venetia~ Isle and said they can berm the 25 foot buffer up so that they will have a six foot buffer with trees and green back there. They also indicated the carry- ing of the same fascia treatment on the back of the building so the people looking across are not looking at a blank wall, etc. They will be looking at the same kind of look they would look at from the front of the building. Mr. Lawrence confirmed Vice Mayor Zimmerman's statement that there are two exits onto Boynton Beach Boulevard. Vice Mayor Zimmerman asked if one is across from the entrance into Leisure Lakes Terrace Apartments. Mr. Lawrence replied - 41 - ,I "" .J . . .. ~ ~~-- MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 that both exits are geared to the current curb cuts in Boynton Beach Boulevard. vice Mayor Zimmerman commented that the main entrance frolo Leisureville Boulevard to Boynton Beach Boulevard is quite dangerous, and traffic corning through these curb cuts would only increase what they have now. Vice Mayor Zimmerman asked if there would be signal lights at any of the intersections. Mr. McGinley answered that they have had discussions with the County. They do not think the traffic volume and the turning at that location warrants a traffic signal. Mr. MCGinley added that they would agree with the condition that they put in a traffic light, if it was warranted by the County Engineer. Mr. McGinley said they are proposing the PCD, which would give the Council control over the project. The rendering showed how they anticipate the northern part of their property will look, and that was what Venetian Isle could expect to see. Mr. McGinley went into more detail. He did not believe the question was whether they were consistent but was can they be consistent. Mr. McGinley said they can be consistent with the COll1prehensive Plan and be compatible with the surrounding land uses by putting in the mitigated controls (berming and landscaping). Mr. McGinley gave the Council a letter from him, addressed to Mayor Cassandra, dated June l7, 1986, which contained ten voluntary conditions they were offering on the PCD. He did not think people in the audience realized how much control the Council had over the PCD, and read his letter. Mr. McGinley reiterated his previous arguments and said they feel the proposed site plan, showing a mixed use of only 20% lot coverage is a reasonable use for the property. He asked the Council to approve fhe project as presented. Mayor Cassandra asked if anyone else, wished to speak in favor of the application. There was no response. Maydr Cassandra asked if anyone wished to speak against the request. Edward Bernard, 1253 Gondola Court, still objected to the retail stores because it would be detrimental to the wild- life. Noise and pollution levels will be increased. The stores proposed are not needed in the area, and Mr. Bernard explained. Once the door is opened, he said the applicant could build almost anything on the property if the property is sold. Mr. Bernard referred to the property on the corner - 42 - -_.._~--~-.~---_._---- . , ;~ - .............. ,....""-~ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE l7; 1986 of Boynton Beach Boulevard and Old Boynton Road, which is zoned multi-family, and said this would leave it open for a zoning change there too. The applicant mentioned that the height of the building would be 15 feet, and Mr. Bernard argued that it would be more like 20 to 30 feet, covering the air conditioning, etc. Boynton Beach Boulevard, compared to Venetian ISle, is 15 feet higher now, so they were talking about 45 feet above Venetian Isle. Mr. Bernard informed the Council that he is a licensed General Contractor. The applicant said the building would be covered, and he did not see how. Mr. Bernard said the applicant's representatives talked about the vacancy ratio after they eliminated Publix, the Mall, and the big stores with the big vacancies. lIe agreed Gateway Plaza is almost full but said many stores are vacant on up the street. Councilman Hester noticed Mr. Bernard said the one story building would look like 45 feet and asked him to suppose someone put a four story building there, which they could do in that area. By their report, Mr. Bernard replied it was not feasible. The only feasible outcome would be single family homes, where they could probably get $200,000 for each one. Mayor Cassandra wished to clarify the selling of the land once a PCD zoning approval is given and site approval and permitted uses are given. Mr. Annunziato answered that the uses permitted are those which are in the ~-3, C-2, and C-l classifications. Mayor Cassandra asked if the Council could put stipulations as to what they want put in there. Mr. Annunziato advised they should do it now. Once the stipula- tion is done and if the PCD is approved, Mayor Cassandra asked if the stipulation~ must go with the PCD if the appli- cant sells. Mr. Annunziato replied that they run with the land. Mr. Bernard commented that there really were not any 3tipu1ations. ' Marian peirano, 120 S. W. 8th Place, urged the Council not to rezone it, but to leave it as R-3 multi-family residential. Josephine Bernard, 400 Venice Drive, emphasized that she lives there and knows what is going on there. She stressed that the traffic will be terrible. Leisureville is on one side and venetian Isle is on the other side. Mrs. Bernard asked what will happen to them and their properties. She - 43 - I , ." . . .. - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 went into more detail and said she felt it should not be rezoned. Mrs. Bernard did not think the applicant's representative knew what he was talking about when he compared it to The Meadows, and said you could not compare apartments with a tennis court and pool to Venetian Isle with its access to lakes. She thought it should be residential housing because of its access to the lakes. Mrs. Bernard stated that she would rather look at an apartment house than some stores, office buildings, and cars going in and out. Mayor Cassandra asked if the deliveries would be to the front or backs of the stores. Mr. Lawrence answered that the deliveries are to the rear, but they would be hidden behind a six foot high wall. Joseph R. MOlina, 811 S. W. 6th Avenue, was against down zoning the property directly across from Leisureville from the residential zoning 3 to any commercial designation. He said they are aware of the tact that traffic on Boynton Beach Boulevard is unbearable. At the P&Z Board meeting, owners of apartments with bedrooms on Boynton Beach Boulevard spoke of how they lock the bedrooms off because they cannot use them Getting in and out of Leisureville is horrendous. Even though there is a turn off, if you try to go to the Villager, you almost get banged in the rear. Coming out is also very difficult. This development would increase traffic accidents and hazards to people who go in and out of that development. Instead of making this a PCD from R-3, Mr. 'Molina suggested that the density be reduced and when the access from Hoadley Road is available from Hoadley Road, the backs of anything on this should be on Boynton Beach Boulevard, and no access should be on Boynton Beac~ Boulevard. People could get in at Chevron and Hoadley Road. With all of the commercial acreage in place and existing' vacancies, Mr. Molina pointed out there is no need for this to be a PCD. He referred to stores which have closed, such as Grand Union. The Promenade is half vacant because tenants have moved out. At present, Mr. Molina said there are not enough residents to support it. He asked the Council to lower the density from R-3 to R-2 or R-l. Mayor Cassandra asked if anyone else wished to speak against the application. There was no response. Mr. McGinley was - 44 - '~ _..J _0. f . ~ ../ ,'t MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17,' 1986 allowed rebuttal time. Because of its visibility and loca- tion, the applicant thought they would be taking trips off of the road to use the facility and leave. with a four story residential, Mr. McGinley told the residents they would still have garbage pick-up and air conditioning running 24 hours a day, not just 12 hours a day. with the controls the City can put on a pco, it will take care of all of the concerns. THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra informed the audience that the City is approaching land, which ace pockets. The only control the City has is the PCD concept and the PID concept. Mayor Cassandra did not like the PCD concept but said the City would have control. He referred to the co~nents made by the public audience and said people must realize the City has to grow by control. Mayor Cassandra told the audience PCDs allow all of the Uses under C-l, C-2, and C-3, but the Council can stipulate what the applicant cannot put in. If the property is sold, the stipulations must still be there. Mayor Cassandra reminded the audience that the City Planner said they are not changing the Comprehensive Plan. It will remain R-3. Mayor Cassandra wanted the people to realize that the Council will be making a decision on these parcels of land, and the people have to give the Council leeway to control and decide this PCD with their input, not say they do not want it. He pointed out that growth has to happen but was not saying he was in agreement with this. Vice Mayor Zimmerman wondered what would happen if they stipulated there should not be any retail. Mayor Cassandra replied that the Council had that privilege. The question was asked at the P&Z Bo~rd meeting, and Mr. Annunziato said the applicant deferred on the concept and suggested it was not something they were interested in at the time. He added that the question should be asked of 'the applicant tonight. Mayor Cassandra felt they should first get the feeling of all of the Council. Councilman Hester asked if the Council could stipulate that they not have retail. If there is a desire for the appli- cant to cooperate, Mr. Annunziato said the applicant could agree to a more restrictive underlying land use category, being office and professional. That would then limit the use to C-l. City Attorney Vance advised that the applicant - 45 - - 1 . 'j 'i I .~ i .{ l :\ I t 1 l e ,.. J I ..,... . / / MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 would then probably have to come back in a couple of weeks with a site plan and could stipulate in some detail tonight to only an office use. vice Mayor Zimmerman preferred to see it remain in its present zoning and felt the retail was the most objectionable. Councilwoman Zibelli wondered how high it would go up and asked if it is 45 feet for multi-family dwellings. Mr. Annunziato informed her that is the maximum height. It can go to 45 feet, but if you go to four stories, a lot happens buildingwise that does not make it appropriate for a lot this size. They would probably be talking about townhouses or two story apartments. Councilman Ferrell thought they had to be realistic and told about the history of Boynton Beach Boulevard and the turnpike entrance. He did not think anyone was going to put a $100,000 or $200,000 home in there because people already there are not using their bedrooms. There is no way they would buy there now, and he went into more detail. Councilman Ferrell did not think the Council had the right to control it, based on marketability. He felt that was the applicant's right, and the Council should not restrict it according to that. To Councilman Ferrell, the big panic was to put it anywhere else, but not near me. If you go into the shopping centers out there, they are packed with people who live in Leisureville, and he expounded. councilman Ferrell reiterated that he did not think anyone was going to build homes along Boynton .Beach Boulevard. He thought it was crazy and questioned the common sense of bringing in homes with kids playing on Boynton Beach Boulevard. Councilman Ferrell t~ld people in Leisureville they moved here because they wanted a certain type of lifestyle. He said the only way to maintain that lifestyle was to get maximum use of the land available within. the city limits. Councilman Ferrell referred to the Tradewinds and knew they would rather see vacant land setting in some of the spots but said it was not correct. If it stays residential, he did not think anyone would ever build on it, which would make a lot of people happy. other than the one section of Leisureville (where no one would buy or build if it was not already there), Councilman Ferrell pointed out that the entire street is commercial. - 46 - '" ;,.~ ~1 ~ >I. J. "! e .., J J f' --:; J ,-.,.,."...- .. / ./ l MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17', 1986 Someone in the audience shouted that they were pushing the people out. There were more comments from the audience and Councilman Ferrell. Councilman Ferrell said they take the City and define its major thoroughfares and llave to treat them that way. Hoadley Road is different because they are talking about going inside a residential neighborhood. He said the Council is not going to go along with what everyone thinks is right all of the time, and he expounded. Councilman Ferrell stated that he would favor it. After hearing someone say they had to close their windows, that was good reason for Councilman Hester to want something else there besides a home or apartment. Height has been a problem in Boynton Beach, and they could put four stories there. To Councilman Hester, the one story commercial was better than the four story residential. He would not buy a house on Boynton Beach Boulevard and did not think anybody else would. Everything there is commercial. Councilman Hester commented that he was here before a lot of people, and he thought if they took the attitude some people take about progress, Boynton Beach would not be what it is today. Things will change for the better, and he could see nothing wrong with the city having control over this PCD. Councilman Hester knew the Council could not satisfy every- body but thought they had to make judgments they thought were best for the City. Boynton has grown rapidly, and will continue to grow, regardless of who is here. Mayor Cassandra asked Mr. McGinley if he would be adverse if the stipulation was commercial/professional building. Mr. McGinley answered that they felt they had already made that type of compromise. Actually, they would like to go in there with all retail: They would like to go in there with 40% lot coverage all retail. Mr. McGinley said it was not practical and would be fooiish for them to present something like that. He thought the office and retail could work together in the plan they had with a little give and take between each other. From a marketing point of view, all offices there would not go. Mr. McGinley wanted the Council to vote on the proposal as they presented it, whether they were in favor or opposed to it. Mayor Cassandra asked what the applicant's breakdown was. Mr. McGinley replied it is 20,000 square feet retail and l5,000 square feet of office. It is 20% lot coverage. Mr. - 47 - - --~._._-._----~------".- . r .. '1 j ( MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 , McGinley said they made compromises with the City staff and wanted to stick with what they had. Vice Mayor Zimmerman moved to accept the P&Z Board's recommendation of denial. The motion died for ,lack of a second. Councilman Ferrell moved to approve the request as presented, subject to staff recommendations, together with the ten voluntary stipulations contained in the memo of June 17, 1986, signed by Kevin G. McGinley, president, Land Research Management, Inc. (City Attorney Vance had recommended that the items be added and stated that they were voluntary stipu- lations the applicant agreed to have placed on the property. Mayor Cassandra was in favor of the PCD but not in favor of the retail count. He probably would favor more the pro- fessional/office type of thing. Mayor Cassandra thought there was too much retail in that vicinity, and he expounded. vEncilman Hester seconded the motion, and the motion carried -2. Mayor Cassandra and Vice Mayor Zimmerman voted against the motion. DEVELOPMENT PLANS Consider request submitted by Menendez - ste. Marie, Archi- tects and Planners, Inc., Agent for Transworld Associates, for site plan approval to construct a 10,360 square foot medical clinic on 1.172 acres. This parcel of property is located on Woolbright Road at LWDD E-4 Canal, the northwest corner. Additionally, the applicant is (requesting a time extension to the rezoning to C-l Office and professional Commercial, which expired on December l8, 1985. Mayor Cassandra passed the gavel to Vice Mayor zimmerman and left the room. Mr. A~nunziato explained that the reason this request did not appear on the Consent Agenda was because the zoning had expired. The site plan was recommended for approval by the Technical Review Board and went to th~ P&Z Board with a positive recommendation. The P&Z provided a positive and unanimous recommendation to the Council for approval. The request was for the zoning to be extended for one year. Councilman Ferrell moved to accept the recommendation from the P&Z Board and to approve the request for the development plans, subject to staff comments, and to also extend the - 48 - -----~--_._-----