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THIRD BUILDING , ". Time and Date of Meeting ~'Yl Those atten~ meeting: flttlu t",J r~ 17 (,{f.4J ~:2~-z: (J IJ' ,,3/111 PRE-APPLICATION CONTACT QUESTIONS <-,r) Applicant's Name: I,lli' '" i . / "". 1/'). Phone: 1~ 'I -t 73 9;1-- 7 \: ",- u,J; 1. HA VB YOU SPOKEN TO ANY ST MEMBER ABOUT THE PROJECT? Yes No (IF YES, HA VB TIIOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFF MEMBERS NAME: 2. LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS) (J "it zJ . .t"~ rUt I ~~. Ii: ~/L cd Tl2rf ~,'V , / ~ '1/91/ 4. WHAT WOULD YOU LIKE TO DO? NEW PROJECT BUILDING EXPANSION OR MODIFICATION CHANGE IN PRIOR USE? IS THE STRUCTURE CURRENTLY VACANT? VARIANCE TYPE. POOL OR SCREEN ENCLOSURE COMMERCIAL PROPERTY? RESIDENTIAL PROPERTY? INDUSTRIAL PROPERTY? DO YOU KNOW THE ZONING CODE DESIGNATION? 't Vu.... Juk 7 J e'-r<kl '--!<.,tJ ,{'~/-<:/iL~ r /1(/ (!: {}, ~,,/.,,~L- TIME AND DATE PREFERRED -(<- ,-{~?<l< :I"" 4... /' HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? 3. 5. Note: Tell thef.eTson that someone from the Department will call them to confirm the meeting. ............ ..................................................................... . Pre-application meetings should be scheduled for a minimwn of one (I) hour time module, and should be scheduled no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike. . Meetlnlls may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m. S:IPlauninglPlanninglPre-App Fonn PP 1-3IPre-apPlica:n:: ~~~ L / /). U", ;;,Ltf _ fl t/~ c/{ t,( ~ u/r-- T /7 fC/,; PRE-APPLICATION CONFERENCE REVIEW FORM Date 4- -/ 7 -O~ Attending as Applicant Phone Time Started .3 15 ~ r",.~ t..#l..- Time Finished Fax Applicant Must Initial for Receipt of Art in Public Places Ordinance 05-060_ and Art Program Info Sheet: Proposed Project Information Proposed Project Name and Type/Use Site Location (Address if Available) Site PCN Existing Zoning Existing Land Use.Density Anticipated Submittal Date ~ ~ Sl#rffl~ ~ Proposed Zoning Proposed Land Use/Density I Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements LandscapinglBuffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material Notes/CommentslRecommendations -,-~ Af/1PZ(~ /~(}flU!1J ~ IJ.- ~ #6 ~ /~ HfS AlA!;:, ~ f/V/lC#ftSlAl(', 7J/6 ~ {,A.)lftcP ,/)dJt!.TW nre ~rn6N 6F ~ ~ /l&rJH(, ~ -n nI€.$1 . ~ IAr~ ~ hL:V/lE><J bF 71+€" :Yn:; #15rt?111/ AV/)/~ 17-H.-'f"" 1Jf6' ~.,f/U(fJ(, U11rN- A- ~V4 1/,o,.,,,,,,,,eE; w.,u M~ htAM CM~~ 11::1 7J/Z ~ f..A-.ro /)e;JId.AJ~. IN /~ !.I~ 7b iJl)~U~ ~Ucuud~;)ttf)1I076nJ ~VC;' ~ 1.H~/"'60 ;6 ~M.tIl/.HldoJJ ~ me /74b G..W't!:,. ~ ~ ~. T~l47t- '1D CIu A-tI/J W(JU11l€ fbl/,.7Jle2. St((n/U> ~ II1tzI6 ~ <PU~ hi- J:€Ct/1f€. 1b fJYLC~ W/r;r II- ~. NOTICE: The purpose of this conference shall be for starr and applicant to discuss overall community goals, objectives, polieles and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on adual plans submitted for review. S:IPlanninglPlanninglPre-App Form pp 1-3IPre-application Form p2.doc ~ <!' I. PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: TIME: ATTENDING FOR APPLICANT: NOTICE: The purpose oUbls coDference sball be for the staff and appUcant to discuss overall commnnlty goals, obJectives, poUdes and codes .. related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-appUcatlon conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual laus submitted for review. City of Boynton Beach Attending for Applicant Attendin Staff ,f~ ~...~ Ei>~ S,IPlannlolllI'1loololllPre-App Form pp 1-3IPre-IppUcatlon Form p3.do, \ I \ \ ! PLANNING AND ZONING LASERFICHE TEMPLATE PROJECT NAME: (J fCa 9 'S (! tzE E JI!. {? ~(JJT~ ~ PROJECT TYPE' IJ7AA& ~ ~.d<m r;J!I/J) PROJECT ADDRESS: /3/3 go VNTfJ /lI 13EAcH 8LV.D \ PROJECT NO. PCN:1/iJ!IIIII' 08- 40- 45- 20.-20 ~CX2--00CG DOC TYPE: (RIGHT CLICK FOR PULL DOWN MENU) STATUS: fA; ("nf P (Cl+vJ Jf (RIGHT CLICK FOR PULL DOWN MENU) APPROVAUSTA TUS DATE I I /91/ DESTRUCTION DATE: I () q I ~()o'f S:\Planning\Planning\Laserfiche template.doc T~ - LAND II Land Planning DES I G N Landscape Archrtecture Environmental Consultotion SOU T H 407...78-&501 FAX 407-478-5012 Congress Ousiness Center 1280 N Corgess A.enue SUite 109 Wff,t Palm Beoch. F\ofIoo 33409 December 12, 1991 Ms. Tambri Hayden Planning Department Boynton Beach Boulevard Boynton Beach, FL 33435 Re: Cross Creek Center Dear Tambri, Land Design South respectfully requests to withdraw the site plan and master plan applications from the City of Boynton Beach approval process. We would, however, like to proceed with the parking lot variance application. Since we are withdrawing the master and site plan approvals, we would like for the variance to be reviewed again at the next Technical Review Board meeting. If you have any the variance, convenience. questions or require any additional information to please notify our office at your earliest Sincerely, LAND DESIGN SOUTH Q..,;i~ dr Jack D. Longo Associate JDL/dr 100.12B:21/Hayden.crs cc: S. Denholtz RECEIVED OEC 19 .". "~-,\:~N\NG DEPT., - ~ PLANNING DEPARTMENT MEMORANDUM NO. 92-013 TO: J. Scott Miller, city Manager THRU: christopher cutro, Planning Directorl1f~ FROM: Tambri J. Heyden, Senior Planner 7\) /J DATE: January 15, 1992 SUBJECT: Planning and Zoning Board Meeting January 14, 1992 please be advised that the Planning & Zoning Board met on Tuesday, January 14, 1992 and took the folliwng action: 1. Removed from the agenda the public hearing for the Cross Creek Centre parking lot variance as a result of the applicant withdrawing the request. 2. Continued the public hearin] for the Cedar Grove, P.U.D. to the February 11, 1992 meeting at 7:00 P.M., as a result of the applicant not resubmitting a revised master plan for review and recommendation by the Technical Review Board to the Planning & Zoning Board. PMi 92-008. 3. Unanimously made a finding of consistency with the comprehensive plan for the proposed amendment to Appendix A-Zoning to modify the regulations governing service stations and convenience stores, subject to proviso (that the words "major repair" be changed to "minor repair", a clause be added stating that the definitions are for the purpose of these regulations only, "non" be changed to "not" under 3.A.4 4, and that the words "maintained at 36 inches" be added to F.2.a. relative to continuous hedges.) PM# 92-009. 4. Recommended denial and found the proposed amendment to Appendix A-Zoning, to allow go-cart tracks, miniature golf courses and game rooms as a conditional use in the M-1, Light Industrial, zoning district, to be inconsistent with the comprehensive Plan. The motion was made by Mrs. Greenhouse and seconded by Mr. Howard. The vote was 6-1 with Mr. Lehnertz dissenting. PM#92-017. 5. Unanimously made a finding of consistency with the Comprehensive Plan for the proposed amendment to Appendix c-Subdivisions, Platting, Article XII, regarding the acceptance and maintenance of required improvements, subject to proviso. The motion was ~ade by Mrs. Greenhouse and seconded by Mrs. Huckle PM#92-014. 6. Unanimously made a finding of consistency with the comprehensive Plan for th~ proposed amendment to Appendix A-Zoning, Section 4.F, regarding height limitations and exceptions. The motion was made by Mrs. Huckle and seconded LAND II Land Planning DESIGN LandscapeArchitecture Environmental Consultation SO U T H 407-478-8501 FAA 407-478-~12 Congress &Jslness ~ntef 1280 N. Congess Aenue Suile 1():;1 West Palm eeoch. Flaida 33409 November 18, 1991 Ms. Tambri Hayden Senior Planner City of Boynton Beach Planning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Cross Creek Center Postponement Dear Tambri, We respectfully request a third 30 day postponement on all of our modifications to the Cross Creek Center in the City of Boynton Beach. This postponement will allow us additional time to make modifications to the plan, and resubmit any changes to the City for their review. If you have any questions regarding this postponement, please do not hesitate to call. Sincerely, .. RAB/dr JW{CE~ cc: S. Denholtz E. Gerlack 22/hayden-2.cc NIIIOV. 21 ... Pijtll'ti1ll N tN ~ gff.T ~ .... "\ l' -- , - ~HN-l~-~~ TUE la:e2 LAND DESIGN SOUTH 40747e~012 P.02 LAND II LondPlonn't"g DESIGN Lal'ldlCopeArchlteclure frwtronm..ntal Con.u~ot;on SOUTH 4iJ7-0f7W50i 1"AX1IJ7-.oI1e.~H2 ~"",..~~ 1i&lN~S~JA.Stilte~r)Q WCt,II't:l'meeocn,~IOo'II.'C3J4OQ January 14, 1992 Ms. Ta~ri HAyd~n Planning Department Boynton Beaoh Boul.v.~d Boynton Beaoh, FL 33435 R.: CrOBS Creek Center Dear Tambri, Land Design South respeotfully reque~te to withdrew the veriance frolll the parking lot regullltione of the City of Boynton Beach approval procee.. Thie withdrawnl Ie requeeted on bohelf of the owner. of the property. If you have ony queetione, please call our office. Sincerely, ~D DESIGN SOUTH C1ML-~ Jllck D. Longo Associate JDL/dr lOO.12B:21/Hayden.crs eOI S. Denholtz . RECEIVED JAM 14 PLANNING DEPT. \ - 18&.39' - ---~ -Ir" c::. :s: 0 "' ~ ,.. ~~F ~ , r- ,<0 ~ \~~~ () "i~ rn Q'1I :J) , -I~ (T\ , :s:,:; 0 "'2 \ ;Gl C 0-1 (T\ ~o Cf) " ..... , , ~g , ~ I \ \ I I \ \ \ I \ \ I , OJ IN , \ ," 0 ~ h -< Hi Z ~ \i --I 0 b I I ,~ Z "! I I \ , OJ \ I \ r'1 \ ):>- I ("'l I :c II I \ , OJ \ ~ I , \ \ 0 I I I , , , , 111 ~ \ n ~ , "' , ... . \ \I \ ,. C! , , ,\ ~S \ n!; "'r -.. , \ "'.. , t) ~~ ~~ \ ,\ , I DEC-16-91 MON 12:47 LAND DESIGN SOUTH 407478S012 P.02 LAND II LOndP~1ng DESI Lal'K1scopeArcnl~vo E~y;ronmentol Con>ultalio~ SO ~~ All,...,....., '1<"01 m "''' rQ1(7'!" O,o_""n.. '''''0 N ""'V"_ Mnc<> """ 'COO ""''''mae=>. "'''Xl ",,"" Dec9mbe~ 12, 1991 M~. Tambri Hayden Planning Departmene Boynton Beach 5o~levard Boynton Beach, FL 33435 Re: CrosB Creek Center Dear Tambr i, Land Design South respectfully requests to withdrew the site plan and master plan applications rrom tile City of Boynton Beach approval process. We would, ho~ever, like to proceed with the parking lot variance application. Since we are withdrawing the master and site plan approvals, we would like for the variance to be reviewed again at the next Technical Review aoard meeting. If you have any the variance, convenience. guestions or reguire any additional information to please notify our office at your earliest Sincerely, LAND DESIGN SOUTH Q~~+ Jack D. Longo Associate JDL/dr , lOO.12B:21/~ayd.n crs RECEIVED cc: S. Denholt::z l1EC 16 -- PLANNING DEPT. f' NOV-20-91 WED 12:27 L~ND DESIGN SOUTH 4074785012 P.02 ~ND IlLOndPlonning N l.CrdccOj)qArchit8ct"re D IG EnvitOnmontolCono.J~offon S UTH 1IiJ~7U504 ~"'O'..o1I7S~~i C~Mi~CrIIw ~?eON COl-qelS$~ 3urb1fJ9 :'W:1rfPul'n!;leoctl.J:.bldc33.clOQ November 18, 1~~1 Ms. Tambri Hayden Senior Planner City of Boynton Beach Planning Department 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 ROI C~Og8 Crook C8nto~ postponement D"'.r Tambri, Wo r08pectfully request . third 30 day postponement on allot our modiUcet1onl!l to the CrOlllS Creek Center 1n the City ot Boynton Beech. Th11!1 polStponement will allow us additional time to make modlficetionl!l to the plan, and resubmit any changes to the Clty for their review. If you havw any que&tlons regard1ng this postponement, please do not hesitate to call. RAB/dr eel S. Denholtz E. Gerlack 22/hayden-3.cc . f I BEAcb ' CITY of BOYNTON (j" " ~ . r.. .. 100 E. Boynton Bo.ch Blvd. P O. Box 310 Boynton BOlCh, florid. 33435.0310 14071 734.B111 October 3, 1991 Mr. Robert A Bentz Land Design South 1280 North Congress Avenue #109 West Palm Beach, 33409 RE Cross Creek Center - Site Plan Modification and Master Plan Modification (new building) - File Nos. 646 and 645 Courtesy Comments Dear Mr. Bentz Pursuant to your letter dated October 1, 1991, the above- referenced applications, as well as the parking lot variance appli~ation, will not be forwarded to the Planning and Zoning Board this month During discussions with Jack Longo of your office, Mr. Longo informed me that the above-referenced applications would be resubmitted by the October 18, 1991 deadline for placement on the November Planning and Zoning Board agenda. The comments below and the attached comments from other departments may be helpful to you in resubmitting plans. 1 Reduce the square footage of the new building indicated on the master plan and site plan to correspond to the 3600 square feet stated in the traffic study and the 38,600 square foot total building area indicated on the plans. 2 clarify the site coverage data on the site plan and master plan regarding "landscaped area inside" Also, the percentages indicated for total pervious area do not add up. Changes to these figures should also be amended on the site plan application on file 3 It appears that there are 188 parking spaces shown on the plans, rather than 187 If it has not already been done, field verify the number of existing parking spaces There was a problem with an underestimation of existing parking spaces with the previous master plan modification which I do net believe was ever resolved If parking space numbers change, amend the site plan application on file Mr. Robert A. Bentz -2 October 3, 1991 4. Revise the landscape plan and paving and drainage plan for the area between the existing buildings to correspond to the latest changes in parking layout submitted at the Technical Review Board meeting. 5. Provide a dimension for the access aisle width within the revised parking area west of the office/commercial building. 6. Revise the typical stall detail which shows ten foot wide parking spaces rather than the nine foot wide stalls dimensioned on the site plan. 7. Provide on page 2, item #19 of the site plan application, the estimated cost of construction for all improvements covered under this request 8 It is highly recommended that the parking layout east of the proposed building be redesigned to align the access aisle/ intersection with the western driveway entrance to the shopping center or to shift the bUilding east to eliminate the eXisting skewed intersection which will be exacerbated by increased traffic from the proposed building. Sincerely, J~u.- 0, ,tj~~'I// Tambri J ~YdeK tjh Attachments LAND II Land Planning DE SIG N Landscape Architecture Environmental Consultation SO U T H A07....'8-8501 FAX 407-A7B-50i2 Congess Business Center 1280 N Congress A.enue Suite 109 West Palm Beach, Flo'ioo 334CQ October 1, 1991 Ms. Tambri Heyden, Senior planner City of Boynton Beach Planning Department 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33455 Re: Cross Creek Center postponement Dear Ms. Heyden: We would like to request a 30 day postponement for the Cross Creek Center site plan, master plan and variance to parking lot regulat- ions approval, so that we can analysis our site plan options. We would like to be rescheduled for the October 29, 1991, TRB meeting. If you have any questions, or if please do not hesitate to call. matter is greatly appreciated I can be of further assistance, Your time and effort in this Sincerely, LAND DESIGN SOUTH C)o/?- V . ~rf' Jack Longo, Associate -RECEIVED ot\ JL(lp PLANN' " "T ~.. . cc: S.Denholtz File 100.12 - - Disk19/heyden.let ~~~'!:""'~".:\"..~.""~'~~~~~."""''I'~'"''.~-~~''.''' -" ."'t~ '~~"r."l~~'."~ - CITY of BOYNTON BEACH ~4' ~ .J. , 200 N. Seacrest Blvd. Post Office Box 310 Boynton Beach, FL 33435 -(305) 734-.8111 OFFICE OF THE PLANNING DIRECTOR . ... -- --- .~" ...... -. . "PI _...,......__...~-:.=-~.-t::. I" ';.11'1:. _..','. ... .. -. _ '0.. . - .;-'''' ....1P~.~....i';....)'5~;~ f. '1 ~ . ~ _ ... . .... ~ - <-'W,i#' 01..... ~-- : ..---=_-~.~h '~~)iil4~:~'''~~' _/. I ~ --",. -.~ .. ~ "~'fff!-"~ :;.......-. .---.- March lB, 1987 Kevin McGinley ~Land Research Management, Inc. l2BO N. Congress Avenue, Suite 106 West Palm Beach, FL 33409 . RE: Cross Creek Centre - Site Plan ;-'Dear Mr. McGinley: Please be advised that on Tuesday, March 17, 1987, the City Commission approved the referenced Site Plan, subject to staff comments, copies of which are attached. After you have amended your plans to reflect these stipulations, please have the appropriate Department Heads initial the attached check-off sheet, prior to your submission to the Building Department for permits. The approval of the City entitles you improvements shown on the site plan. procedurally as an as-built or record facilities fees and road impact fees, the time of permit. to construct only the The site plan will be viewed drawing. Also, all capital if applicable, are payable at ~ , If you have hesitate to ~ any questions concerning this matter, please dO'"-?t contact me. Yours very truly, CITY OF BOYNTON BEACH c~/~ Carmen S. Annunziato, AICP Planning Director flat cc: City Manager Technical Review Board Central File 0< Attachments - ., ... ~ i I I l- I I I I I Ii I' I I .~ ~ : (111 ~. I i,i \ ~~ \ 'J' .: ~; il ;! III ~ I \ ! 8; )1>0 ~. i I \ ill l HI i\ ! , ! !J :: l ~ I "I>.i. ~; Ii . 'Ii I' 1_ j \, d l - ';, I ..',"', ~ [': r~ I. ~ I hllll ~~ 'I' , -I ' ~!l Iii \ 1 :1 Ul~r '11,1 111M I E~ll~~, ~j'r', 'I' i Lrrl1l}:U. - ~ ~ ;t ~ H i\:I.,~ Q 'it l '~ I' - =, ;~ : ': .:. '1;- 1\ _ I ~ J i 1 \':,-:= i i I T-- ~~~1 nto 11 11: - \ ~ l' ,'[::'Tl" , I": f- ~ '\'1 b= ~. I!___ nl,~ I' -t:: -, .1 "'i I _ ',' \1, .. I I _ ,'\1, _ :1 _ I ii 1..\ " , . t( CENTRE.~ . CROSS C~:CIAn:<<I o. R.1t I'L 8OYN'r(JI<~~ I \ I I I l-- I -- :, .:~ \ ; i! Ii 'I ~ ~ ~ ~'OIQ ~~p : ii ~ h .o~ Hi !H II ~!, ~:l ~ i~ fit ~h ~~'~.'i ~ i~!i ~ Q ~ : ~~o!i~ ';. .~~in~~. .~e ! ~~ s ~.~;! ~~ h~~o~~i ~ lil i . ~~i ~~ :~. ~il~onli~ ~ ! ' :i:;~~;; !ii .i~.U!~ ~ I i~~;i;i =! il.=S i '~;n;~l ~ ... "'''g '! 5' 'I It . ~ I is ::: ~ . ; i . . '- , / o . ~i s ~~ :~ g n - 51 I ...' .. j :; "'. .. ~ () ..l.. ='~ :; ~ I ~ ::1=:. ~:~! ~=i ;"a &" ~ .S :.,. _.. g "'" :1 ....saP" ZPp !. . i" all ~.. ~ '~:t I . . ."'''II", J.., ~ ~1 J;-4;f . !l .., . "J ~ ~ .. G . u=;; H' '0 ;~~ ""!i ~~i ~~ a" ;H~ ~U n ~ I I I Ii \ r I .1 , , n r ~ .. I .. 'I I -;: ~ . 5 I i- I I I ~l II RENeE LAW ANN.A. E . ~ T H ....ACHIT.CTa CHAAT....ED oUP G R "LOA'O'" ..,.c.... PAL"'" h~ ~~f-'$ % ~ ~ ~ ~1- t {.~'"..... , t ,",,' t-- ~ ~, \' \ ~~ "'... <: ~r. ~ ~ ' l' ~ , ""...... ~ At ~~ :t t ~- I' ~ ttJi:::lCMCKiRBARREl f'J D C!Wl6ROOl<: LAKE ESTATES Eil(;l.CR05S~REEKCENTRE .'j ::g ri.~~~:,:'NN'NG roLORJ...._.'I. (3 i:: MASTER PlJIN MJOfFCJ\TIONS i $;;:; !<oIl'M 1~t$flt<REAS~ RETAID ; !hI(::) MPM1~DiDAYClRECENTEf\,ffliTHl>RJoWN) .~::.~ 'D l4f'Ml~J\PARi<jM:;LOTSP)l,:ES; ~ri:':'l ~ 1Kl~E~~ ~:~ =~!~b~EDj M'IThDAAWff,. I:E"'~ --r:- k e"'PKL'Il%l . ,-' ePKl'l1~92 ,,;A DrtEZNlm >;] L'~ 1";11 ,.6 snE Pl,.,4l'~DI;:;-:'TtONS ~ If.) L: NiCKS M.ER fWllHOflAWN} {J (->)CPflRKlNGSPJll::ESCt..61onS:j l+lC SPM 198a (P,~.RN>:;r; [WITHORA'NNj ; $(:- SPM l%a(pAAKlNG;.OTELEV, 1 itlbCR'rSTALKEY ffiJ[::)ClJCO'SflORDERCAFE Ijre'lCUf:lTGJOA lti('j CUS;/lANQOFFICE BUN f+llC)N08EAlITYSJ..LON I"1l(;jDAV1ESCAIl1uETSI<1P lJlbDE"EO.XlEJA. $C;) OENNYS RESTAURANT IlJli::iOl?IPl.oIZA Iil (:l OOlN-lIN ResTAURANT 1lIi::J DON flSt<ERAPTS filbOOStJ,GOS (fJ e: OR lOVE MfOJCAI.. OFriCE l!'it:! ORVER",AMEOICAl.QHI:E6LOO --' 71 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. ~ayor 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 tr.affic. (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 jus~ 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 *gly plaster wall instead of natural beauty. Hiss 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. " ~ouncilman Hester moved to DENY the request, seconded by ice ~yor Ummerman. Motion carried 5-0. A<T3d-- ~ C "f"cIA- 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 - c' 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 Boulevardbecqming 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 s,hopping cente:rs, Mayor Cassandra said it will increase the t:raffic on Boynton Beach Boulevard to a very high level. He knew the City was recommending safety considerations for l~vel roads. Mayor Cassandra asked if Mr. Annunziato's staff fielt that was going to stay residential under the new '1omprehensive Plan. Mr. Annupzi,ato answered affjrmatively a!nd added there was no recommendation to change it. ~r. Annunziato said the City anticipates high traffic g~neration in this area as a result of the mall and the cbmmercial potentials exhibited by properties west of Congress A~enue, the shopping center site previously talked about, ard existing shopping centers. Even though there appears to b~ a market for additional commercial, it will SUbstantially i~crease the traffic generated by something like seven times f~om.this tract of land. " M~. Annunziato referred to the 1979 Comprehensive Plan, the k~owledge 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 less severe with residential as opposed to commercial. "" - 36 - ...", ,.,.- ,-t, ~ ~~. .' . 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 Qn 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 s.aid they are all sites the Planni'ng Department gets information almost W'eekly on, lind they can be developed commercially. The roarket studies would show them there is the capacity for retail development. The question is whether that is the j;lreferf'tble form of land development from Boynton Beach's point of view. As an R-3, M~yor Cassandra told the people commenting about cion~rete walls that they could now be looking at a 45 foot high building. He w.anted the people to be aware that the ~and could be developed and have 45 foot high buildings. Viice Mayor Zimmerman pointed out that the density would still tje limited. Mayor Cassandra said they had commercial from Congress ~venue, then go to Leisureville. Then there is commercia]". ~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 ~tarts from Leisureville east, except at the intersection. ~evin G. McGinley, president, and Jim Fleischmann, Market ~nalyst, Land Research Management, Inc., 1280 North Congress Avenue, Suite tl08, West Palm Beach, Florida 33409; Eugene ~.awrence, Arch ite.ct and Site Planner; and Ken Rogers, Civil nd Traffic Engineer, were present to represent the IiPpli- ant. Mr. McGinley thought Mr. Annunziato did an excellent job summarizing ~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, roadway capactiy, drainage, etc.). They also demonstrated in their market study 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 developable for high density residential. Mr. McGinley - 37 - 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. 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 utilizie the waterwaY system (canals). They envision many more impacts to that s;ystem. Mr. McGinley referred to Mr. Beit!nard liking the way it is now and said, under their proposed commercial development, they would be absolutely restridting any use of the waterways. Rather than present a technical summary of the market study itself, Jim Fleischmann, liIarket 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 comme~ts. He read issue #3 and said the conclusion seemed to be based solely on the fact that the current zoning will allow or permit those uses. Nothing else in the 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. _r.:. 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 m~ximum of $40,000 per unit. Once you get involved in $'40,000 a unit, you have t.O charge rents in the ranges of $500 and $600, whicp. 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, i,n 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 Dps Lagos), which are single family or mUltiple family units sielli'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. ,. With reference to issue 12 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 acres, and the configuration is only 160 feet deep. As to visibility to and exposure from large traffic volumes, Mr. Fleischmann said there is only one possible kind of center the site could be developed for. That was a convenience center. It is not big enough to be developed for any of the other uses. Mayor Cassandra asked if a convenience center was the direction they were going to. Mr. Fleischmann answered affirmatively. Mayor Cassandra asked what he meant by a convenience center. Mr. Fleischmann replied that they looked at personal service type tenants, such as dry cleaners; beauty and barber shops; florist; professional, medical, and dental offices; travel agency; and a finance company. Mayor Cassandra noted Mr. Fleischmann's argument was that condominiums and rentals were not feasible. He was under the impression that the applicant was also wishing to develop 20% of the whole land and questioned whether that was feasible. Mr. Fleischmann confirmed that Mayor Cassandra's understanding was correct and said it was feasible. He explained that the purchase price on the 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 $10 a square foot up to $15 a square foot, you have to get rents from $16 to in excess of $20 a square foot. - 40 - , . , MINUTES - EGULAR CITY COUNCIL MEETING BOYNTON BE CH, FLORIDA ~ In looking Mr. Fleisc center and manner, wh Fleischman the area t and they w Eugene Law 25 foot bu and a ten 'l1he:Y are u for pure g in the par Mr. Lawren Behind tha right was floor suit Mr. Lawren showed ren Mr. Lawren of the sig part of th compatible the profil Iofas not go aecision, an Archite the physic they belie ." Mr. Lawren His point four lette the people foot buffe trees and ing of the so the peo etc. They would look .~, JUNE 17, 1986 at all of the small shopping centers in the area, mann found the vacancy rate is 3%. The Gateway Forum Shoppes are leasing space in a very rapid ch is indicative of a strong market. Mr. stated they feel there are no other parcels in at can be economically developed for their concept, 11 be developed for other types of concepts. ence, Site Planner, emphasized that there is a fer that runs along the entire north property line, oot buffer surrounds the remainder of the property. ing 20% of the land for buildings and also 20% een, which does not include the green spaces with- ing. e showed a drawing of the was the 25 foot buffer. he office structures they s. Mayor Cassandra asked e answered that they will erings of structures they commercial structure. the building to the anticipate will be one about the retail, and all he one level. He have done. e said the design of any commerical is the control s. He called attention to sign band on the lower wood shaped roof and thought it would be very with what they propose. The bottom sheet showed of the high density residential. Mr. Lawrence ng to debate use because it was a plan or policy nd he told the Council it was their decision. As t, he said when they look at the comparison of 1 structure of the one story versus a four story, e the one story is a lot more compatible. e showed renderings of other projects they did. as that strip shopping did not have to be like a word, and he expounded. Mr. Lawrence addressed from Venetian Isle and said they can berm the 25 up so that they will have a six foot buffer with reen back there. They also indicated the carry- same fascia treatment on the back of the building Ie looking across are not looking at a blank wall, will be looking at the same kind of look they at from the front of the building. Mr. Lawren e confirmed Vice Mayor Zimmerman's statement that ,~ there are wo 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 - 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 thrpugh these curb cuts would only increase what they have now. Vice Mayor Zimmerman asked if there would be signal lights at any of the intersections. Mr. McGinley answered that they have had discussions with the Cqunty. They do not think the traffic volume and the turning at that location warrants a traffic signal. Mr. McGinley added that they would agree with the condition that they put in a traffic light, if it was warranted by the County Engineer. Mr. McGinley said they are proposing the PCD, which would give the Council control over the project. The rendering s'howed how they anticipate the 'northern part of their p~operty will look, and that was what Venetian Isle could expect to see. Mr. McGinley went into more detail. He did not believe the question was whether they were consistent but was can they be consistent. Mr. McGinley said they can be con~istent with the Comprehensive Plan and be compatible with the surrounding land uses by putting in the mitigated dontrols (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 15 feet, and Mr. Bernard argued that it would be more like 20 to 30 feet, covering the air conditioning, etc. Boynton Beach Boulevard, compared to Venetian Isle, is 15 feet higher now, so they were talking about 45 feet above Venetian Isle. Mr. Bernard informed the Council that he is a licensed General Contractor. The applicant said the building would be covered, and he did not see how. Mr. Bernard said the applicant's representatives talked about the vacancy ratio after they eliminated publix, the Mall, and the big stores with the big vacancies. 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. -n-" 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 17, 1986 went into more detail and said she felt it should not be rezoned. Mrs. Bernard did not think the applicant's representative knew what he was talking about when he compared it to The Meadows, and said you could not compare apartments with a tennis court and pool to Venetian Isle with its access to lakes. She thought it should be residential housing because of its access to the lakes. Mrs. Bernard stated that she "~ would rather look at an apartment house than some stores, office buildings, and cars going in and out. Mayor Cassandra asked if the deliveries would be to the f.ront 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 aoadley Road. F.'..., with all of the commercial acreage in place and existing vacancies, Mr. Molina pointed out there is no need for this to be a peD. He referred to stores which have closed, such as Grand Union. The Promenade is half vacant because tenants have moved out. At present, Mr. Molina said there are not enough residents to support it. He asked the Council to lower the density from R-3 to R-2 or R-l. Mayor Cassandra asked if anyone else wished to speak against the application. There was no response. Mr. McGinley was - 44 - . 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 pcn, it will take care of all of the concerns. '1 ' THE PUBLIC HEARING WAS CLOSEn. Mayor Cassandra informed the audience that the City is approaching land, which are pockets. The only control the City has is the pcn concept and the PIn concept. Mayor Cassandra did not like the pcn 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 pcns allow all of the uses under C-I, C-2, and C-3, but the Council can s.tipulate 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 stfpUlated 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 -f amily dwelli ngs. Mr. Annunziato informed her that is the maximum height. It can go to 45 feet, but if you g'o to four s tor ies, 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. -'-"': I 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. .- 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 - .. MINUTES - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUNE 17, 1986 Someone in the audience shouted that they were pushing the people out. There were more comments from the audience and '. Councilman Ferrell. Councilman Ferrell said they take the City and define its major thoroughfares and 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. qouncilman Hester knew the Council could not satisfy every- body but thought they had to make judgments they thought were best for the City. Boynton has grown rapidly, and will continue to grow, regardless of who is here. '= Mayor Cassandra asked Mr. McGinley if he would be adverse if the stipulation was commercial/professional building. Mr. McGinley answered that they felt they had already made that type of compromise. Actually, they would like to go in there with all retail. They would like to go in there with 40% lot coverage all retail. Mr. MCGinley said it was not practical and would be fooiish for them to present something like that. He thought the office and retail could work together in the plan they had with a little give and take between each other. From a marketing point of view, all offices there would not go. Mr. McGinley wanted the council to vote on the proposal as they presented it, whether they were in favor or opposed to it. " " Mayor Cassandra asked what the applicant'S breakdown was. Mr. McGinley replied it is 20,000 square feet retail and 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 recommendation of denial. second. to accept the P&Z Board's The motion died for lack of a """""'-'- 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. ((Councilman Hester seconded the motion, and the motion carried 3-2. Mayor Cassandra and Vice Mayor zimmerman voted against the motion. DEVELOPMENT PLANS q., Consider request submitted by Menendez - Ste. Marie, Archi- tects and Planners, Inc., Agent for Transworld Associates, for site plan approval to construct a 10,360 square foot medical clinic on 1.172 acres. This parcel of property is located on Woolbright Road at LWDD E-4 Canal, the northwest corner. Additionally, the applicant is requesting a time extension to the rezoning to C-l Office and Professional Commercial, which expired on December 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 dne year. Councilman Ferrell moved to accept the recommendation from t'he P&Z Board and to approve the request for the development p'lans, subject to staff comments, and to also extend the - 48 - MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 , , was approved only for the design of the second floor of the ;Suilding/planning/Engineering project. N. Approval of Bills ,See list attached. '~" ,0. Replace Air Conditioning System in Police Department I IThis item, in the amount of $3,977, was added to the Consent :Agenda by ci ty Manager Cheney. , I'councilwoman Zibelli moved, seconded by Councilman Marchese, to accept the Consent Agenda, items A: B, 1, 2, 3, 4, 5: c, il, 2, 3, 4, 5, 6 (that the Bond not be released but reduced ito $30,000), 7, 8; 9: D, 1, 2: E: F and the concerns expressed by Councilman Hester: G: H (all of the items recommended by staff) not including the wall: I: J: K: L: M minus the Civic Center study: N: and O. Motion carried 5-0. , I BIDS , , , iNone. r."." &UBLIC HEARIN~. --r; . ~ {hL-C.,f {At-{/=- A. Consider request submitted by Kevin McGinley, Agent for Steven Rhodes, Trustee, for an amendment to a previously approved future land use element amendment/rezoning application to allow for the addition of a .74 acre parcel adjacent to the Lake Worth Drainage District (LWDD) L-24 Canal to be utilized in part for 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 the Council a request to amend the Evaluation and Appraisal Report 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 applicant from the ILWDD as a portion of the L-4 Canal right-of-way just west of the E-4. , IMr. Annunziato said the request for the plan amendment in iwhat the Council had before it would be rendered somewhat imoot if the Council adopted the Evaluation and Appraisal - 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 ithat 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 !submitted evidence which suggested that the County Traffic ,Engineer did not think the additional seven feet of right- lof-way was necessary for Boynton Beach Boulevard in this iarea. Mr. Annunziato contacted the County Traffic Engineer, land he was unaware of the fact that a bike path had not been ,constructed on Boynton Beach BOulevard. Based on his con- Iversations with M)::. Walker, County Traffic Engineer ,Mr. Annunziiato said M:r. Walker found no fault with the city !requi:ring the additional seven feet consisting of the !thoroughfare plan. iWhen this first came up, Mayor Cassandra recalled that the !applicant showed a conceptual drawing for this PCD. At 'that time, they had enough land to comply with the City's Izoning as far as the landscaping requirements. He read Inow that the applicant needs the .74 acres, of which approxi- imately 25 feet must be used for this 30 feet landscaping. 'He questioned why they had to use some of this to meet the City'si Code requirements. Mr. Annunziato replied that this was ad~itional landscaping. The applicant did in fact have enoughl area on site and did meet the landscaping require- ments of the PCD. rl-', IMr. Annunziato informed the Council that the building I'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 the LwpD for the landscape buffer, but they are not adding iany square footage to the building. The building shifts iaround' on the site, and they picked up some additional ]landscaping. He said his wording probably was not clear. ".,." ,Mayor 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. iMr. 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 large 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. ,Vice Mayor Zimmerman informed Mr. McGinley that there is a !sidewalk on the bridge that would not be as wide as the bike 'path 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 I 'very necessary. ,Mr. McGinley said they ,they 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 ,the 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 120 feet when shown on the County's thoroughfare plan. City Manager Cheney warned that if the Council did not require that now, they may have trouble getting it later on. rO'" 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." "". 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. 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 16, 1986 ", Mayor Cassandra had already made his comment known. 'Councilman Hester pointed out that the City Staff recommended 'that 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. iMcGinley answered, "Yes." , , ~ :Mayor Cassandra asked if anyone else wished to speak in :favor of the request. There was no response. He asked if ianyone wished to speak against the request. There was no !response. THE PUBLIC HEARING WAS CLOSED. I ICouncilman Hester moved to approve the request, subject to (istaff comments. Counci lwoman Zibelli seconded the. request, land the motion carried 4-1. Vice Mayor Zimmerman cast the idissenting vote and explained that he has always voted iagainst it, particularly the rezoning. IDEVELOPMENT PLANS 'IMr. Annunziato wished to talk about A and C at the same time and explained that one was a preliminary plat and one was a isite plan. It made sense to discuss them at least in iconsecutive order rather than to interrupt the discussion. ""',", !Vice Mayor zimmerman moved to change the agenda so item C Iwould precede item B. Councilman Hester seconded the motion, land the motion carried 5-0. 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 146,325 square foot shopping center. Catalina Centre is located on the west side of Congress Avenue, south of N. W. 22nd Avenue Mr. Annunziato explained the plan on the overlay and said it defined easements for utilities. The first plat of Catalina Centre, where the hotel is being built, lies directly south of and adjacent to this plat. The utilities in Plat 1 were designed to be extended northward to serve this property. Mr. 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 - MINUTES - REGULAR CITY COUNCIL MEETING E\OYNTON BEACH, FLORIDA MARCH 17, 1987 ,......" qity Attorney Rea informed Mayor Cassandra that the appli- Gant could change the site plan four more times and could qhange ownership ten more times. City Manager Cheney a/dded, "as long as they do not exceed the utility services." ~hey have not exceeded the Utility Department's requirements 9ut have gone to less. I ~ice Mayor zimmerman wondered why the applicants were asking or a new contract when they were saying the present ontract is OK. Mr. Annunziato replied that he thought it 'as more of a consideration to the City that by going to the ew plan, they were meeting more current Codes for landscap- ing, etc. and advising the City that there was a change. e did not think there was any obligation on the part of the pplicant to come to the City. It was a courtesy. ~ice Mayor Zimmerman asked why the City should negotiate a ~ew contrac. t. Mr. Annunziato did not think the City had to. hey have the existing contract, and that is it. City ttorney Rea advised that the City was in the position of here they had to approve the contract. However, the city ould go to the County. ity Manager Cheney pointed out that the applicant asked the ity to sign a new Water Service Agreement, which would be e City's new agreement. If the city authorizes this to be signed, he wondered if they would not be tying this site lan into the agreement 60 they cannot make it worse. After iscussion, City Manager Cheney advised that the applicants h d signed the new agreement. ouncilman Hester moved to approve the new agreement, s conded by Councilman Marchese. City Attorney Rea said t e Council could approve the agreement, but there was a .~ uestion as to what kind of representations would have been de by Mr. Kilday with regard to wanting to receive under e new contract. Mr. Annunziato suspected that the appli- c nts would not object. A vote was taken on the motion, and t e moti~n cafried~-O. .I i'?t'.tA. {..~>7 {~Ll .( {CILUt- ~ . Consider request submitted by Kevin McGinley, Land Research Management, Inc., Agent for steven Rhodes, Trustee, D. R. Associates, for approval of the construc- tion plans and preliminary plat for cross Creek Centre, which provides for the construction of infrastructure improvements to serve a 35,000 square foot retail-office .~ complex in connection with a previously approved Planned Commercial Development to be located on West Boynton Beach Boulevard at LWDD E-4 Canal, northwest corner M~. Annunziato said this request was approved by a majority r commendation of the Plannin~ and zoning Board, subject to 6 aff comments. Vice Mayor Z~mmerman was not for the - 20 - MINUTES - REGULAR CITY COUNCIL MEETING 50YNTON BEACH, FLORIDA MARCH 17, 1987 -:rr"" request. Mayor Cassandra. pointed out that east of this, it ~s all residential. He saw beautiful landscaping to protect the homes behind it that tended to make him vote for it. ~evin McGinley, president, Land Research Management, Inc., ~est Palm Beach, Florida was present but did not wish to speak. ~, 90uncilman Hester moved to approve the request, subject to ~taff comments. Councilman Marchese seconded the motion. ~fter this is built, Vice Mayor Zimmerman thought a lot of ~eople would be disillusioned by what they will get there. ~hen it will be too late. Councilwoman zibelli spoke to ~ome people who lived behind it, on the other side of the qanal, and they were in agreement with it. It could have ~one to 45 feet with people having the use of the canal. ~ith this project, people will not use the canal. Mayor Cassandra stated he would like to see strip shopping qenters stopped right there. If he is sitting on the dais qn March 26th, he hopes to get the Code changed so you will ~ed a majority of four votes to change any land zoning. ~e approved this before, so Mayor Cassandra said he would approve it now. , ~ vote was taken on the motion, and the motion carried 4-1. ~ice Mayor Zimmerman cast the dissenting vote. I -, q. Consider request submitted by Kevin McGinley, Land , Research Management, Inc., Agent for Steven Rhodes, i Trustee, D. R. Associates, for site plan approval to con- struct a 35,000 square foot Planned Commercial Development consisting of a 20,000 square foot commercial building and a 15,000 square foot office building on 4.715 acres to be located on West Boynton Beach Boulevard at LWDD E-4 Canal, northwest corner ~. Annunziato said the site is bordered on the north by a c~nal, on the east by the E-4 Canal, on the south by BG' ynton Beach Boulevard, and on the west by the Villager, w ich is connected through the parking lot. One 20,000 s uare foot commercial building and a 15,000 square foot o~fice building are proposed. The Planning and Zoning Board gave the project a positive r~commendation. Mr. Annunziato said one of the items reviewed at the Planning and Zoning Board was the issue r~lated to mechanical equipment on roof tops, what kind of npise would emanate from it, and the aesthetics associated w~th roof top construction. The Board recommended that the applicant screen his roof top from mechanical equipment on -21 - , MINUTES - CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA DECEMBER 16, 1986 ... was approved only for the design of the second floor of the ;Building/Planning/Engineering project. IN. Approval of Bills ;See list attached. Replace Air Conditioning System in Police Department " iO. i IThis item, in the amount of $3,977, was added to the Consent iAgenda by City Manager Cheney. I I I'councilwoman Zibelli moved, seconded by Councilman Marchese, to accept the Consent Agenda, items A: B, 1, 2, 3, 4, 5; C, 1'1, 2, 3, 4, 5. 6 {that the Bond not be released but reduced to $30.000}, 7, 8, 9: D. 1. 2: E; F and the concerns expressed by Councilman Hester; G; H {all of the items recommended by staff} not including the wall; I; J; K; L: M minus the Civic Center study: N: and O. Motion carried 5-0. I BIDS iNone. I I !PUBLIC I I I IA. BEARING r.'.,h.... Consider request submitted by Kevin McGinley, Agent for Steven Rhodes, Trustee, for an amendment to a previously approved future land use element amendment/rezoning application to allow for the addition of a .74 acre parcel adjacent to the Lake Worth Drainage District (LWDD) L-24 Canal to be utilized in part for 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 the Council a request to amend the Evaluation and Appraisal Report 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 applicant 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 rendered somewhat [moot if the Council adopted the Evaluation and Appraisal - 18 -