LEGAL APPROVAL
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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.
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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
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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.
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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.
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~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
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MINUTES - REGULAR CITY COUNCIL MEETING
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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.
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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
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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.
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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.
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MINUTES - REGULAR CITY COUNCIL MEETING
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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.
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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.
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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
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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
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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
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JUNE l7, 1986
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went into more detail and said she felt it should not be
rezoned.
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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
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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.
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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
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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
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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.
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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.
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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.
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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.
.~-""
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..;.
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.
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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
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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.:.,
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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
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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.
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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.
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