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LEGAL APPROVAL - \.r.~, ._" "-'" .' MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 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 .oning and this would decrease the value of her property. $he 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. jOUnCilman. Hester moved to DENY the request, seconded by ice 11flyor pfmmerman. Motion carried 5-0. /U3d- {~d ('!e4dA.- D. 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 - .~ " , , , " ~ " , 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 ihopp{ng centers, M~yor Cassandra said it will increase the t'raff ic on Boynton Beach Boulevard to a very high level. He knew the City was recommending safety considerations for l;evel roaqs. Mayor Cassandra asked if Mr. Annunziato's staff f;elt that was going to stay residential under the new Comprehensive Plan. Mr. Annunziato answered aff.irmatively 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 A;venue, the shopping center site previously talked about, a~d existing shopping centers. Even though there appears to be a market for additional commercial, it will substantially i~crease 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 r~membered that they were that the city Council would have tp be very much aware of the fact that sites on major points o~ 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 l~ss severe with residential as opposed to commercial. - 36 - .' 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- ~ard its entire length on the south, and _relocated 8th street splitting itself up at the eastern site, he said they are all sites the P~anning Department gets information almost weekly on, and t~ey can be developed commercially. The ",-. mark~t studies would show them there is the capacity for retail development. The quest:ion 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 qoncrete walls that they could now be looking at a 45 foot high building. He wanted the people to be aware that the ~and could be developed and have 45 foot high buildings. Vi'ce Mayor Zimmerman pointed out that the density would still Qe limited. Mayor Cassandra said they had commercial from Congress ~venue, then go to Leisureville. Then there is commercial,~- ~ll the way down to U. S. 1. On the north side, there is ~he strip shopping center, all of the undeveloped land which ~s now residential, another piece of land, Wendy's, the gas $tation, and then all commercial. The commercial point starts from Leisureville east, except at the intersection. ~evin G. McGinley, president, and Jim Fleischmann, Market ~nalyst, Land Research Management, Inc., 1280 North Congress ~venue, Suite #108, West Palm Beach, Florida 33409; Eugene ~awrence, Architect and Site Planner; and Ken Rogers, Civil ~nd Traffic Engineer, were present to represent the appli- qant. Mr. MCGinley thought Mr. Annunziato did an excellent jlob summarizing w;hat happened with the P&Z Board and the ~taff recommendations. ~~, ~n the staff report, Mr. MCGinley said it was concluded that ~hey met most of the infrastructure needs (water, sewer, ~oadway capactiy, drainage, etc.). They also demonstrated in their market ~tudy a strong market for the proposed use ~hey were presenting. Mr. McGinley thought the question ~eally became consistency with the Land Use Plan and how ~hey intend to deal with the potential land use conflicts. ~he applicant took the position that the property is not ~evelopable for high density residential. Mr. McGinley -, - 37 - -, . h 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 1,080 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. . -:, -J\'--,. 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 utiliz,e 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 ~t, 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 13 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 staff 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 - MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON ,BEACH, FLORIDA JUNE 17, 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 that 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, whicb 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 between $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 sell~ng 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. -0-1'... 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. 15 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 Congress Avenue out to Knuth Road, which they anticipate will come 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 - . ' 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 acreSt 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. Fleischmann1s 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 property 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 $10 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 $lO 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 - -'. :~ ~';'~'.. '1' 'I'~ ~~" " i MINUTES - ~EGULAR CITY COUNCIL MEETING BOYNTON BE~CH, FLORIDA I . If' . h In 100k1ng.lat all 0 the small shopp1ng centers 1n t e area, Mr. Fleiscqmann found the vacancy rate is 3%. The Gateway Center and I Forum Shoppes are leasing space in a very rapid manner, which is indicative of a strong market. Mr. FleiSChman~ stated they feel there are no other parcels in the area t .at can be economically developed for their concept, and they w II be developed for other types of concepts. Eugene Law~ence, site Planner, emphasized that there is a 25 foot buffer that runs along the entire north property line, and a ten ~oot 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 parting. Mr. Lawren~e showed a drawing of the commercial structure. Behind that was the 25 foot buffer. the building to the right was ~he office structures they anticipate will be one floor suites. Mayor Cassandra asked about the retail, and Mr. Lawrente answered that they will all be one level. He showed ren1erings of structures they have done. Mr. Lawrenfe said the design of any commerical is the control of the sig~s. 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 profilt of the high density residential. Mr. Lawrence was not go ng to debate use because it was a plan or policy decision. nd he told the Council it was their decision. As an Architeft, he said when they look at the comparison of the physical structure of the one story versus a four story, they believe the one story is a lot more compatible. Mr. Lawren~e showed renderings of other projects they did. His point fas that strip shopping did not have to be like a four letter word, and he expounded. Mr. Lawrence addressed the people from Venetian Isle and said they can berm the 25 foot bUffef' up so that they will have a six foot buffer with trees and reen back there. They also indicated the carry- ing of the same fascia treatment on the back of the building so the peole 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. Lawren~e confirmed Vice Mayor Zimmerman's statement that there are two exits onto Boynton Beach Boulevard. Vice Mayor Zimm~rman asked if one is across from the entrance into Leisure Lakes Terrace Apartments. Mr. Lawrence replied JUNE l7, 1986 - 41 - ~ 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 from Leisureville Boulevard to Boynton Beach Boulevard is quite dangerous, and traffic coming through these curb cuts would only increase what they have now. Vice Mayor Zimmerman asked if there would be signal lights a~ 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 g~ve the Council control over the project. The rendering showed how they anticipate the 'northern part of their p~operty will look, and that was what Venetian Isle could e~pect 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 tie consistent with the Comprehensive Plan and be compatible w:i th 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 17, 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 the project as presented. Mayor Cassandra asked if anyone else wished to speak in , favor of the application. There was no response. Mayor 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 17, 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 IS 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 IS 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 b~g vacancies. He 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 C-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 stipulations 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 stipulations. 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 - ~ MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE l7, 1986 " went into more detail and said she felt it should not be rezoned. ::r-..." 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 i~ 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 fact 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 Beach 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-I. Mayor Cassandra asked if anyone else wished to speak against the application. There was no response. Mr. McGinley was - 44 - Jo "' -r.,_" ~1 .... :.--, ,. . 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 PCD, 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 are 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 comments 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-I, C-2, and C-3, but the Council can sti.pulate 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 pcn 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 sti'pulated there should not be any retail. Mayor Cassandra replied that the Council had that privilege. The question was asked at the P&Z Board 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-I. City Attorney Vance advised that the applicant - 45 - - , , 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 told 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. r......, 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 - A MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 t' 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 have 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. 'T- 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 wante9 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 15,000 square feet of office. It is 20% lot coverage. Mr. .~-"" - 47 - ..;. 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. 1'( Councilman Hester seconded the motion, and the motion carried 3-2. Mayor Cassandra and Vice Mayor Zimmerman voted against . the motion. DEVELOPMENT PLANS .'0>, Consider request submitted by Menendez - Ste. Marie, Archi- tects and Planners, Inc., Agent for Transworld Associates, for site plan approval to construct a IO,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 18, 1985. Mayor Cassandra passed the gavel to Vice Mayor Zimmerman and left the room. Mr. Annunziato 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 the 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. r '-.. ~- Councilman Ferrell moved to accept the recommendation from the P&Z Board and to approve the request for the development p'lans, subject to staff comments, and to also extend the - 48 - The City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement. A public hearing on these proposals will be held before the Planning and Zoning Board on December 9, 1986 at 7:30 p.m. at Boynton Beach City Hall, 120 East Boynton Beach Boulevard, Boynton Beach, Florida. A public hearing on these proposals will also be held before the City Council on December 16, 1986 at 8:00 p.m. or as soon thereafter as the agenda permits, at Bo~~~s~ Beach City Hall, 120 East Boynton Beach Boulevard, Boynton BeG'~~r Flc~ida. LIMIT 1 I CANAL ~ APPLI APPLICANT: Steven Rhodes, D.R. Associates AGENT: Kevin McGinley, Land Research Management, Inc. OWNER: R. Marshall & Gretchen F. Brown, James W. & Joanne Hart, Frances A. & Mildred Astorino and Dominic Palombo. PROJECT NAME: Cross Creek Centre PROPOSED USE: 20,000 square feet of retail floor area and 15,000 square feet of office floor area on a 4.715 acre site. DESCRIPTION: Request for an amendment to a previously approved land use amendment/rezoning application to allow for the addition of a 30 foot by 1,081 foot parcel adjacent to Lake Worth Drainage District Canal L-24 to be utilized in part for a landscaped buffer. LOCATION: North side of West Boynton Beach Boulevard, approximately 800 feet east of Congress Avenue. REQUEST: AMENDMENT THE FUTURE LAND From - High Density Residenti USE PLAN CONTAINED IN THE To - Local Retail Commercial COMPREHENSIVE PLAN REZONE From - R-3 Multiple Family Dwelling District To - PCD Planned Con~ercial Development District " MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 I I I was approved only for the design of the second floor of the ;Building/Planning/Engineering project. " 7....... ;N. Approval of Bills iSee list attached. io. Replace Air Conditioning System in Police D~partment I IThis item, in the amount of $3,977, was added to the Consent IAgenda by City Manager Cheney. Ilcouncilwoman Zibelli moved, seconded by Councilman Marchese, to accept the Consent Agenda, items Ai B, l, 2,: 3, 4, 5; C, 11, 2, 3, 4, 5, 6 (that the Bond not be released: but reduced ,to $30,000), 7, 8; 9i 0, 1, 2; E; F and the concerns expressed by Councilman Hesteri G; H (all of the items recommended by staff) not including the wall; Ii; Ji K; L; M minus the Civic Center study; N; and o. Motion: carried 5-0. c." IBIDS I I INone. I lfUBLIC BEARIN~~~_ {~~,f {AlVlL- IA. Cons1der request subm1tted by KeV1n McG1nley, Agent for Steven Rhodes, Trustee, for an amendment to' a previously approved future land use element amendment/~ezoning application to allow for the addition of a '.74 acre parcel adjacent to the Lake Worth Drainage Pistrict (LWDD) L-24 Canal to be utilized in part fo~ a landscaped buffer. This parcel of property is located; on the north side of West Boynton Beach Boulevard, east 'of Congress Avenue. (Cross Creek Centre) ~-.. Carmen Annunziato, Director of Planning, asked :the Council to recall two meetings ago, he presented to thei Council a request to amend the Evaluation and Appraisal ~eport to add this .74 to the Future Land Use Element of the 'Comprehensive Plan to show it as Commercial. The reason for this was that tracts of land were being purchased by the appl!icant from the LWDD as a portion of the L-4 Canal right-of-way just west of ,the E-4. I IMr. Annunziato said the request for the plan amendment in Iwhat the Council had before it would be render~d somewhat Imoot if the Council adopted the Evaluation and Appraisal r.:., - 18 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 "' Report, but the E&A Report does support it. He did not know that an Ordinance would be necessary to accomplish that change if the E&A Report would be adopted. However, ;Mr. Annunziato said the issue of zoning had to be addressed as this amended an about to be approved Planned Commercial Development (PCD) by adding landscaping to the site. -". Vice Mayor Zimmerman asked about the additional seven foot right-of-way on Boynton Beach Boulevard. At the Planning :and Zoning (P&Z) meeting, Mr. Annunziato said the applicant :submi tted evidence which suggested that the County Traffic iEngine~r did not think the additional seven feet of right- lof-way was necessary. for Boynton Beach Boulevard in this ;area. Mr. Annunziato contacted the County Traffic Engineer, land he was unaware of the fact that a bike path had not been iconstr~cted ~m Boynton Beach Boulevard. . Based, on his con- Iversat10ns w1th Mr. Walker, County Trafflc Eng1neer, Mr. Annunziato said Mr. Walker found no fault with the City Ir,equir~ng the additional seven feet consisting of the Ithoroughfare plan. I IWhen this first came up, Mayor Cassandra recalled that the lapPlic~nt showed a conceptual drawing for t~is PCD. ,At ,that t1me, they had enough land to comply w1th the Clty'S zoning as far as the landscaping requirements. He read now that the applicant needs the .74 acres, of which approxi- mately: 25 feet must be used for this 30 feet landscaping. He questioned why they had to use some of this to meet the City's Code requirements. Mr. Annunziato replied that this was additional landscaping. The applicant did in fact have enough area on site and did meet the landscaping require- ments of the PCD. rh IMr. Annunziato informed the Council that the building shifts a little bit, and they are using the canal right-of- way to meet that 25 foot requirement. Mayor Cassandra asked Iwhere the other 20 feet went to. Mr. Annunziato clarified Ithat the applicant is utilizing the land they received from Ithe LwDD for the landscape buffer, but they are not adding lany square footage to the building. The building shifts around' on the site, and they picked up some additional !landscaping. He said his wording probably was not clear. ;:"1~", IMayor Cassandra asked if anyone wished to speak in favor of ! the request. ;Kevin McGinley, President, Land Research Management, Inc., '1280 North Congress Avenue, Suite #106, West Palm Beach, - 19 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 -, " Florida 33409, said they were getting more breathing room in the site. They are not changing anything as far as square footage or uses but are only asking for the 30 feet to be used in part as a green belt area. The landscaping and trees the Council saw on the original application will be on their property. ., Addressing the seven feet on Boynton Beach Boulevard, Mr. McGinley said they asked the P&Z Board to give them relief from that condition because they felt, since the Traffic Engineer said they did not need it for their additional right-of-way, which is the intent behind putting it in the :thoroughfare ,plan, and the City's Utility Department said 'they did not need it for utilities, it did not need to be :dedicated. ;Mr. McGinley called attention to the Villager Shopping Center, and said the sidewalk is abutting the curb. They do not have any room for the continuation of a bike path there. ;The eastern portion of their property has the E-4 Canal. If they were going to put a bike path across, on the northern side of Boynton Beach Boulevard, Mr. McGinley suggested that :the bridge would also have to be widened. There are also l~rge concrete structures of utility lines about two or three feet from the curb on the property. In all fairness, Mr. McGinley did not think a bike path could be put on the northern end of Boynton Beach Boulevard, and he asked for relief of that. iVice Mayor Zimmerman informed Mr. McGinley that there is a sidewalk on the bridge that would not be as wide as the bike Ipath would be. It is just as wide on the north side as ion the south side, so Vice Mayor Zimmerman saw no problem !whatever with the bridge. He stressed that the bike path is 'very necessary. r ~-:"' iMr. McGinley said they ithey were now showing. !feet, and the sidewalk ,walk which is in front were adding a sidewalk on the plan They had the dedication of the seven will be a continuation of the side- of the Villager Shopping Center. ,Mr. Annunziato confirmed Mayor Cassandra's statement that ithe Council was not considering a request for a variance. iThey were only approving the addition of a .74 acre. Mr. !McGinley believed the City staff was recommending approval ,of the addition as long as they met the conditions of the ,previously approved PCD. At the time they brought this :before the Council in the summer, it was not resolved with - 20 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 ~, the Department of Utilities or the County Traffic Engineer. Mr. McGinley said they have submitted documentation stating that neither of those agencies required the seven feet. ;'......... .Mayor Cassandra explained that the Council did not have any staff comments. Mr. Annunziato advised that the staff comments were not transferred because they were the same as were originally approved. However, the issue of seven feet .of right-of-way was a condition of approval on the original application, which went through public hearings. Mr. Annunziato said the City staff's position is that the seven :feet is necessary. There was what appeared to be a current :need, but there are also future needs that are not substanti- ated at this point. Mr. Annunziato clarified that the County thoroughfare plan on Boynton Beach Boulevard is 120 feet. It has always been the City's policy to always require the l20 feet when shown on the County's thoroughfare plan. City Manager Cheney warned that if the Council did not require that now, they Imay have trouble getting it later on. It appeared to City Manager Cheney that the vote may go to require the seven feet, and Mr. McGinley was saying he would not do it. Therefore, it was allover with. Mr. McGinley clarified that he was asking for relief from the seven feet. If he does not get relief from the seven feet, he would obviously live with the wishes of the City Council. City Manager Cheney said that was what the City Attorney had been asking him to say. Mr. McGinley replied that he did not know the wish of the City Council. "", If the wish of the City Council is for the applicant to give the seven feet, City Manager Cheney asked if they would give the seven feet. Mr. McGinley answered, "Yes." -~.I;", The way it was set up, City Attorney Vance said the Council would be voting on the application. They will need a "No" or a "Yes". Mr. McGinley would either lose or win on the whole application. Should he lose, City Attorney Vance did not know what 'Mr. McGinley's course of action would be. .;;.o.~ .... Mr. McGinley asked if this could be in two parts or if it had to be in one part. At this point, City Attorney Vance thought the best Mr. McGinley could get would be an indica- tion by the individual Council members as to their feelings with respect to the seven feet. This would be prior to a vote. Mr. McGinley remarked that would be great, if he could request that. - 21 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER l6, 1986 " " "'" Mayor Cassandra had already made his comment known. iCouncilman Hester pointed out that the City Staff recommended ithat it stay there. Mr. McGinley withdrew his request for relief from the seven feet to deal with the issue of the .74 acres. On behalf of his client, City Attorney Vance :asked if Mr. McGinley was agreeing to comply with the staff :comments, including the dedication of the seven feet. Mr. ~McGinley answered, "Yes." -"", Mayor Cassandra asked if anyone else wished to speak in favor of the request. There was no response. He asked if anyone wished to speak against the request. There was no response. THE PUBLIC HEARING WAS CLOSED. I Councilman Hester moved to approve the request, subject to (st.aff comments. counci.lwoman Zibelli seconded the request, and the motion carried 4-l. Vice Mayor Zimmerman cast the dissenting vote and explained that he has always voted against it, particularly the rezoning. iDEVELOPMENT PLANS iMr. Annunziato wished to talk about A and C at the same time land explained that one was a preliminary plat and one was a :si te plan. It made sense to discuss them at least in [consecutive order rather than to interrupt the discussion. IVice Mayor Zimmerman moved to change the agenda so item C I'would precede item B. Councilman Hester seconded the motion, ,and the motion carried 5-0. -r.;-:-,. iA. Consider request submitted by Christopher V. Hurst, Agent for Walboyn, Inc. for approval of the construction plans and preliminary plat for Plat No.2, which provides for the construction of infrastructure improvements to serve a l46,325 square foot shopping center. Catalina Centre is located on the west side of Congress Avenue, south of N. W. 22nd Avenue ~11" -" ,Mr. Annunziato explained the plan on the overlay and said it ;defined easements for utilities. The first plat of Catalina iCentre, where the hotel is being built, lies directly south 'of and adjacent to this plat. The utilities in Plat 1 were Idesigned to be extended northward to serve this property. IMr. Annunziato indicated the private road that would serve :the north end of this project and the remainder of the ,Planned Unit Development (PUD) to the west. The lake is directly west of and adjacent to this property. - 22 -