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Minutes 07-14-86MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL BOYNTON BEACH, FLORIDA ON MONDAY, JULY 14, 1986 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Jr.:, Councilman Dee L. Zibelli, Councilwoman Peter Cheney, City Manager Betty Boroni, City Clerk James Vance, City Attorney Mayor Cassandra called the meeting to order at 7:35 p.m. AGENDA APPROVAL As there were no corrections, Vice Mayor Zimmerman moved, seconded by Councilman Hester, to adopt the agenda as pre- sented; the motion carried unanimously. PUBLIC HEARING Consider request submittted by Kieran J. Kilday, agent for the First Baptist Church of Boynton Beach, Estates of N. R. Field and Janet Knox Field, Jonathan Kislak and Sol C. Shay, Trustees, and Seaboard System Railroad, Inc., for an amendment to the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" and "High Density Residential" to "Local Retail Commercial" and rezoning from R-lA "Single-Family Residential", R-3 "Multi-Family Residential", and C-2 "Neighborhood Commercial" to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 211,000 square foot retail/office complex to include a 63,000 square foot supermarket, a 30,000 square foot department store, three (3) office buildings, a branch banking facility and two (2) out parcels on 29.64 acres. This parcel of property is located in the northwest corner of Woolbright ROad and Interstate 95 between the LWDD E-4 Canal and the Seaboard System Railroad, Inc. Mayor Cassandra announced that this meeting is a con- tinuation of the July 2, 1986 public hearing. He said a total of 25 minutes would be allowed for those who wished to speak in favor of and 25 minutes for those who wished to speak against this application. Mr. Martin Perry, who represents the applicant, said a fairly complete presentation would be given for the purpose of maintaining the record. Mr. Kilday would first make the presentation and show the exhibits, including an elaboration of what the application is, followed by a presentation by Mr. Fleischmann, whose firm prepared the feasibility report for the Planned Commercial Development. Next, Mr. Peter Flotz, a professional Traffic Engineer with Barton-Aschman, - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 the firm retained several months ago to review all of the various traffic reports that had been prepared, would make a presentation relative to the traffic aspects of the applica- tion. Mr. Perry said he planned to summarize and asked if he would have the opportunity for a brief rebuttal after the public input has been received; Mayor Cassandra replied that he would. Mr. Perry said he has a verbatim transcript of the state- ments spoken in opposition at the last meeting by the four people who could not be here tonight; he offered to supply certified copies for the record. The Council advised that the minutes of that meeting would suffice. Mr. Kieran Kilday of Kilday & Associates, 1551 Forum Place, West Palm Beach, said their land planning firm has worked on this project since its initial inception. He said the pro- perty in question is part of an overall piece of property which is vacant on the north side of Woolbright Road west of 1-95; it is composed of five separate parcel owners, plus the parcel dedicated to the City. This was a 1920 plat; the property has come through two development approval processes but has never gotten off the ground and been properly deve- loped. In August, 1985, a three-part petition was submitted to the City Council, which called for a residential development on the north, a C-1 zoning on the west side and a C-3 zoning on the east side of the parcel. The three zonings were an attempt to respond to what was seen as a development pattern south of Woolbright Road, as well as to respond to the City's current zoning code as it was then slated. The PUD ordinance was in effect, which pertained to the north sec- tion; that is not of concern at this meeting except as it interfaces with this project. The C-1 property was opposite a C-1 property on the south side of Woolbright Road, and the C-3 property was exactly opposite a C-3 property on the south side of Woolbright Road. Mr. Kilday said there were concerns, not that his client's proposal could not be supported, but that, in the City's current zoning code with the C-1 and C-3 zoning being wide open, there were no controls. The plan presented, with three office buildings on the west side of S.W. 8th Street and a one-story retail center on the east side, could not be guaranteed. In evaluating that plan, staff had to consider the potential those zoning districts offered to those pro- perties. A 66,000 square foot two-story office complex was presented in the C-1 area and a 146,000 square foot retail center with three out-parcels in the C-3 area, for a total of 164,000 square feet. If the applicant chose, after - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 approval by the Planning and Zoning Board, he could have built upward to 150,000 square feet of office space in the C-1 area; in the C-3 area he could have built up to a four- story building, which would have been significantly dif- ferent from the City's overall approval. Approximately one month after denial of that request, the PCD ordinance was adopted by the Council. Mr. Kilday said they were now requesting that a PCD be adopted for this entire parcel. The PCD ordinance ensures that the City had the right to place the restrictions on this property that it did not have last August. Maps and drawings were shown depicting the zoning areas and the location of the proposed PCD. Mr. Kilday said they responded to staff's comments about two-story offices east of Leisureville, even though they were well separated by the E-4 Canal. Total square footage was reduced from 62,000 to 35,000. In the minutes of the August, 1985 meeting, Mr. Kilday noted a staff comment that within the C-2 zoning district that already existed on this piece of property, a 31,000 square foot office-type center could easily be built to meet the code. All buildings on the site have been reduced from two stories to one story, and by virtue of the PCD, that restriction can be stipulated on this piece of property. Many options were presented as to where the industrial road Could cross this property, but in the end it was decided t~hat the alignment of S.W. llth Street, due to the curve of t!he railway and the requirements of railroad crossings, wound be the closest point south that the industrial road crossing could be located. Mr. Kilday said his client takes the responsibility of providing an 80 foot industrial road, and they should be allowed to take the shortest distance firom the railroad crossing to S.W. 8th Street. He pointed out that total land coverage is only 16 percent of the site. Mr. Kilday said he wOuld like to address five of the six staff concerns listed in the City Council minutes of August 210, 1985; the traffic expert would respond to the sixth con- cern. For the two commercial tracts, they thought there was an overview on the C-1 zoning area. Several sets of minutes mentioned an over-build of office space within the area. this proposed plan, the office space has been reduced in half; this space is viewed as a good alternative between heavier retail and the residential on the far side of the canal. On Staff had concluded, based on information provided by the developer, that the proposed retail space would likely be absorbed without negatively affecting existing commercial floor space. Mr. Kilday said there never was an issue with - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 regard to the marketability of this space; the plan shows it has not been increased but held at the same level. Mr. Kilday said the fourth item on the listing noted that the proposed commercial rezonings were not spot zoning, and their juxtaposition with respect to 1-95 to the east and commercially zoned tracts to the south were consistent loca- tionally with the comprehensive plan. That requirement was met even then. Mr. Kilday said this plan provides proper access to the industrial property, which was another concern listed. Concerning the increase in traffic, Mr. Kilday said that involves the retail area. The PUD, as proposed last August, actually reduced traffic; the currently proposed office area is 3,000 square feet larger than the existing C-2 would allow built. The question arose at the Planning and Zoning Board meeting as to whether this use allows all the uses of the C-3 zone; potentially, a PCD could allow those uses. Mr. Kilday said the reason for a PCD is the conditions the City may impose on the development. He said there is still commitment to the 26 restrictions on uses within all of these areas to ensure that they fit in harmoniously with the church areas; those would be offered as part of the record. Mr. Kilday pointed out that they are buffering themselves only from Woolbright Road, industrial property, industrial road and the church parcel, which is part of their petition. Mr. Perry introduced Mr. Jim Fleischmann, Vice President of Land Research Management, 1280 North Congress Avenue, West Palm Beach, their market analyst. Mr. Fleischmann said his firm prepared the initial market study about a year ago; after analyzing the market in some detail, their conclusion was that the primarily-retail concept proposed for the site was supportable under current and near-future market con- ditions. Mr. David Levy of Tradewinds Development Corporation later requested that his firm analyze the rela- tive strengths of the professional office market in the vicinity versus the retail market. Having worked in this vicinity on several projects, including office and retail projects, over a period of years, Mr. Fleischmann said he felt qualified to answer the question with a great degree of certainty. It is their very strong opinion that the pro- fessionaI office market in the vicinity is extremely soft at this time and the retail market, with a few specific excep- tions in the area, is quite strong. Mr. Fleischmann said their surveys indicate.approximately 54 percent of the existing~ office space in the area is currently vacant. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 Considering the rate at which office space has been renting over the last year or two, it will take the market from four to five years to rent the space that is existing, under construction, or has been approved in the vicinity. Mr. Fleischmann said their surveys of the retail market indicate a high occupancy rate in the Boynton Beach vicinity--93 percent. Half of that vacant space is located in the vacated Grand Union building on Military Trail at Boynton Beach Boulevard; excepting that space, the occupancy rate is about 97 percent--a quite strong market for retail space. Newer projects in the area, such as the Forum Shoppes and Gateway Centre~ are leasing space at a rapid rate, which also is indicative of a strong market. Mr. Fleischmann concluded by stating they feel the future sup- port base for a retail center on this proposed site is posi- tive, and they feel the reverse for a professional office concept. Mr. Peter Flotz, Director of Traffic Planning in South Florida for Barton-Aschmann Associates, 2627 N.E. 203rd Street, Miami, said his firm was retained approximately six months ago to review the work Dan Murray had done for Tradewinds and the analyses he had conducted for the pro- ject. To date, seven studies have been done on the site, with various conclusions; the primary difference between these studies has been in details. The ultimate conclusion seems to be that improvements can be made in order for the roadway system to accommodate the traffic from the project. Mr. Flotz said most of the reports were not clear in demonstrating the fact that, because they had to account for numerous other developments, the development under con- sideration is only a part of the load that will be on the roads in the future. One part of Mr. Keller's report that differed from Mr. Murray's and is of concern is that he showed one intersec- tion of all those analyzed, Seacrest Boulevard and Woolbright Road, operating at an unacceptable level of service--E. After everything proposed is built, he pro- jected only that one instance of operation at an unaccep- table level of service. Mr. Murray's analysis indicated that intersection would operate at level of service D. Mr. Flotz said they were concerned, upon reviewing the two reports, that Mr. Murray's report showed more cars in the intersection than Mr. Keller's report, yet Mr. Keller's report showed a worse level of service. The difference was 1,459 versus 1,300 cars; Mr. Murray contacted Mr. Keller and learned they had used two different methods. Mr. Keller used the planning method put out by P.R.C. Harris, and Mr. Murray used the method from Palm Beach County. - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 Mr. Flotz said there were a number of other discrepancies between the Keller report the City had prepared and Dan Murray's last report of April 1; most of the differences were minor. Another point was the question of whether, after everything is built, new left-turn lanes could be accommodated on the bridge over 1-95 eastbound without rebuilding the bridge. Mr. Murray's and Barton-Aschmann's inspections led to the conclusion that the briidge can be restriped to accommodate new left-turn lanes without having to build a new structure, though this would not be required for about 20 years. There are about six feet on the side and six feet in the median, which would allow space for another lane. Mr. Flotz explained the reasons for the location of the industrial access road and collector. He concluded by stating that, when this development is'taken into account with all other projected developments, there are improve- ments that can be made to accommodate everything at an acceptable level of service. He added that this project alone would generate $691,000 in impact fees to begin to help pay for the improvements. Mr. Perry introduced Attorney Raymond Royce, who represents First Baptist Church of Boynton Beach, to address the Council. Mr. Royce said this proposed plan will serve the position of the First Baptist Church. He said the Church is not a developer, but a group of 650 residents who would like to build a new church. The Church owns a portion of the property under consideration in this application as well as a portion of the property to the north, which was proposed to be a PUD. The Church's interest is to work out a plan which will allow it to trade or reconfigure its property and have it consolidated in one place to the north of this pro- perty; the church would anticipate being a good neighbor to the surrounding residents. Attorney Royce said the development plan before the Council seems to be in the best interest of the entire community. This parcel is comprised of land from six different owners in order that a unified plan, of which this proposed PCD is a part, can be presented. He thought this was a good oppor- tunity for the Council to provide leadership and good planning by granting approval of the PCD with the kind of controls outlined by Mr. Kilday. Mr. Royce concluded by stating that the property will be developed, and it should be under a unified plan. Mr. Perry said there is a significant difference of opinion as to whether this site should be commercial or changed to accommodate C-1 for office and professional, as recommended - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 by staff. He said the creation of the access to the Winchester tract from proposed S.W. 8th Street when it was proposed by staff last year created the realization that there will be commercial to that railroad crossing access road. He thinks there is general agreement that from Woolbright to the railroad access road will be commercial of some sort; until this application was presented, he thinks staff also believed that. The earlier staff report on the first commercial approach last year was replete with com- ments relative to commercial and supportive of retail and indicated this area as retail/commercial would not interfere with any other retail/commercial in the City. He read a quote from a July, 1985 staff report and a quote by the former Chairman and present Member of the Planning and Zoning Board that said there is an office "glut" in Palm Beach County. Mr. Perry said, although the staff is now recommending office space, there clearly is a glut, which is recognized by market analysts and the market analysis sub- mitted as part of this application. Mr. Perry said there does not seem to be any major overriding concern from a technical perspective. The traf- fic issue has been treated substantially and clearly; not one technical expert feels there is a problem with the traf- fic that will emanate from this project. Mr. Perry said they have met with all people involved--from Leisureville and Lake Boynton Estates, those who approve this project and those who do not. He said Mr. Gary Nolan is present from the Board of Directors of Lake Boynton Estates Property Owners' Association, who advises that the Board of Directors has voted unanimously to support this proposed shopping center for a number of reasons, not the least of which is their own ability to access it. The have not had an oppor- tunity to poll each member of the community. In summary, Mr. Perry said staff's report stated the 1-95 bridge would have to be reconstructed, it has been shown that does not have to be done. The intersection at Seacrest Boulevard and Woolbright Road is not a problem. He said the question of nonconforming lots being created is not a viable concern; that relates to the PUD. If that is a problem, it is created by the access road to the Winchester parcel. Mr. Perry said they have demonstrated that all requirements of good planning have been met, as supported by staff comments from the beginning, and they request favorable consideration of this application by the Council. Mayor Cassandra said each person who wishes to speak in favor of this application will be allowed three minutes to speak, for a total of 21 minutes. - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 MS. Marian Eaton, 2119 S.W. 22nd Street, said she is a resi- dent of Leisureville and represents First Baptist Church. She agreed very much with Mr. Royce's comments and is in favor of the PCD, as she is in favor of controlled planning and good leadership. Ms. Eaton said there are many Leisureville residents who favor this plan. She said someone will develop this property, and she would like to see it done properly. Mr. Lowell Bennett, 400 S.W. Golfview Terrace, said he is a Director of the Leisureville Community Association and the Board of Directors has taken a neutral stance on this question for two reasons. One, they realize they have people on both sides of the issue and, two, they have been advised by counsel that taking a public stand either way could place the Board in an embarrassing legal position. By making a public statement, they would be exceeding the powers granted to the Board by the by-laws of the Association. Speaking on a personal basis, Mr. Bennett said Tradewinds Development Corporation met with the Leisureville Board of Directors and asked what they would like as neighbors; they responded with several suggestions, including the buffer zone, the berm to reduce noise and the open areas. He said Tradewinds has been very consistent in doing everything the Board felt would make them a good neighbor. Mr. Bennett told about driving along major thoroughfares and seeing that 27 commercial and 14 residential developments have been built, and he believes most of the objections to this deve- lopment could have been applied to those, which the Council approved. Mr. Bennett wanted to make it clear that the Coalition of Concerned Citizens represent a minority in .Leisureville--not Leisureville as a whole; approximately 3,000 people did not sign their petition. Attorney Michael Schroeder, 1900 Glades Road, Boca Raton, said he is appearing on behalf of Elsie Winchester, the owner of a portion of the M-1 property lying east of the railroad tracks. He said Tradewinds, City staff and the Planning and Zoning Board have disagreed on what the northern boundary of the commercial property should be, but they have all agreed that boundary is the appropriate loca- tion for the access road to service the M-1 property. The P&Z Board has endorsed the need for the road and the crossing, and if the PCD approval is given tonight, he suggests that the Council also adopt the concept of locating that collector road at the northern boundary of the commer- cial property. Mr. Schroeder said this will allow adequate buffering between the commercial and residentially-zoned property, and the inclusion of the roadway in the PCD will - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 recognize the need to eliminate the problems created by the flow of industrial traffic over the Ocean Avenue crossing through the residential area adjacent to Boynton Beach Boulevard. It will also be consistent with the City's sub- division regulations and the City Attorney's interpretation of those regulations, and it is consistent with the concept of comprehensive planning in that it plans for the resolu- tion of the Ocean Avenue crossing problem before the affected property owners come forward to develop their pro- perty. Ms. Dorothy Vaughan, 334 S.W. 11 Avenue, requested that the Council give approval to the PCD, a prime piece of commer- cial property that will be developed by someone. This applicant has designed an attractive commercial section, which will enhance Woolbright Road. Because of an agreement with the Church, the types of businesses to occupy the buildings will be non-aversive to any of the neighbors. The area bordering the canal will be well grassed and well landscaped, providing an aesthetic view for the neighbors on the west. Ms. Dorothy H. Taylor, 601 S.W. 21 Circle, a Leisureville resident for 15 years and a member of First Baptist Church, said, if this plan is not approved, the road as planned by the City will abut Leisureville and be an unpleasant feature. Vice Mayor zimmerman said the roadway for the PCD is a great distance from Leisureville. In the residential section, S.W. 8th Street would be moved away from Leisureville, but at the north end it will abut Leisureville. Ms. Taylor said the entire plan should be considered, and she clarified that she is in favor of the PCD. Mr. Clyde Worrell, 2668 S.W. 23rd Cranbrook Drive, said in addition to what Messrs. Royce and Perry have spoken on, he would like to point out the advantage of the City's ability to coordinate this project. The Church's property is in the middle of this entire project, and it would be disjointed by the Planning Department's recommendation to put in an industrial road without the benefit of a location. Mr. Worrell said he thinks it is in the best interest of the City to take advantage of this single ownership and make it a community project everyone could be proud of. Rev. Charles Brannon, 2860 S.W. 4th Street and pastor of the First Baptist Church, said it is the Church's intention to build an outstanding church to meet the needs of people in Boynton Beach and they have contracted with one of the finest designers in America to build what he considers to be one of the most beautiful churches anywhere. He said they - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 want the church to be situated in conjunction with an outstanding site and would like to ask the Council to approve the PCD. Approval of this plan would afford control by the City of the PCD site, including number of stories and square footage. He reminded the Council of the Church's agreement with Tradewinds whereby there are 26 deed restric- tions involving what can and cannot be built in the site, which the Church intends to enforce to the limit of the law. Rev. Brannon said the unified ownership and development of this site is a positive point; the site will be developed eventually. It has been difficult to develop it under one owner; with five or six owners, it would be much more dif- ficult. Unity fulfills the first law of good planning-- order. Rev. Brannon said he thinks this is a pragmatic plan. He thinks Tradewinds has worked hard to satisfy the City, neighboring property owners and the Church and that this is the best approach to this site. Mayor Cassandra announced a five-minute break; the meeting resumed at 8:50 p.m. Mayor Cassandra said he had one request from a speaker who wished to bring up points on both sides of this issue. Mr. Gary Lehnertz, 619 S.W. 2nd Avenue, said he does not want to see massive over-development, nor does he want to see all development stopped. Having listened to the argu- ments regarding this PCD, Mr. Lehnertz said it seems that a City-restricted and managed PCD would not be an unreasonable development use of this land. Although he is Vice President of the Lake Boynton Eststes Homeowners' Association, he clarified that he was not speaking for the Association or for the Board. There was not a quorum at the Board meeting last week, but they felt this was a useful type of develop- ment. Mr. Lehnertz said the overwhelming feeling among his neighbors in Lake Boynton Estates is not that they oppose or favor this development, but that affirmation might create a condition whereby the residential part of that area might be developed in multi-story, multi-family types of dwellings. He said his neighbors think it is very important to retain the single-family nature in the residential section of that land, and lowering the density has been greeted favorably by everyone to whom he has talked. Mr. Lehnertz said Lake Boynton Estates currently has industrial traffic going through, and he would like to see the industrial road located on a boundary between a commer- cial and a residential area. He thought a properly restricted PCD could be advantageous to the area, but this should not set a precedent to approve everything else Tradewinds has proposed. - 10 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 Mayor Cassandra gave those opposed to this application an opportunity to speak. Ms. Shirley Altieri, 1917 S.W. 13 Avenue, said she speaks in opposition to any zoning changes and thinks some of the people from Leisureville who spoke in favor of this project live far enough away from it not to be adversely affected. She would not like to see industrial traffic between an adult community and a residential community where small children would be living. Ms. Altieri did not think there is a need for additional retail space; she mentioned new shops in the mall which are already being vacated. She thinks office buildings in the area are not filled to capa- city. If this project is approved, she would expect requests for down zoning for surrounding properties to be compatible with this. Ms. Marge Roberts, 112 S.W. 8th Place, said she is Co-Chairman of the Coalition of Concerned Citizens of Leisureville and was speaking on their behalf. She said they are opposed to the rezoning of R-lA residential to C-3 commercial and are in agreement with the present zoning of the Comprehensive Plan with reference to the density injunc- tion from 7.2 units per acre to 4.84 units per acre. She said they feel the character of Boynton Beach is changing, with the thousands of rental apartments along Congress Avenue and the commercial developments, which is resulting in a tremendous increase in traffic, and she asked the Council to help control this. Mr. Joseph Molina, 811 S.W. 6th Avenue, presented a petition signed by 721 residents of Boynton Beach Leisureville, Palm Beach Leisureville and Lake Boynton Estates in opposition to this application. He mentioned the possibility of testimony from this hearing being used against the City in the pending court case. He expressed concern that emergency vehicles might be unable to get through quickly with the increased traffic. Mr. Molina said there is a glut of office buildings and shopping centers, and he is opposed to the rezoning. Mayor Cassandra called Mr. Perry back for his rebuttal. Mr. Perry said they have met with representatives of Leisureville and tried to find common ground, but obviously, the two sides are polarized, for which he is sorry. He said Tradewinds has offered compromises everywhere possible. He does not believe surrounding property values will be impacted; they may be improved by creating a large, open park-like atmosphere next to Leisureville property rather than having S.W. 8th Street developed 20 feet from their - 11- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 back doors. The potential will exist for the sizes of some back yards to be increased by requesting abandonment of S.W. 8th Street. Regarding traffic, Mr. Perry said three traffic engineers have addressed the issue and he believes it has been answered in the best way possible. Even the staff admits the traffic can be handled. In response to Mr. Lehnertz' concern about the proposed PUD, Mr. Perry said the door is open for further discussion and further compromise. He said they have developed other plans; they felt compelled to proceed with the litigation because they did not know what else to do. Mr. Perry said he believes the net result of this entire project will be in the best interest of this city. He thinks they have satis- factorily responded to every issue raised as to this PCD, that they have from a technical perspective satisfied every requirement in the City's ordinances and that they are entitled to favorable consideration. Mayor Cassandra asked Mr. Carmen Annunziato, Director of Planning, to address the Council with his comments. Concerning the Future Land Use Element of the Evaluation and Appraisal Report and the recommendation to expand the number of acres in the office and professional category, Mr. Annunziato said his department has stated in the past that there is a current glut of offices and they state now that offices are not the only use permitted in the office and professional zoning category. In thinking of long-term usage of land, he said he did not think there is anything that requires immediate turnover of property to be satisfac- tory from an applicant's point of view. The access road was spoken of, and Mr. Annunziato said that is not negotiable, but rather is a subdivision regulation requirement. The only way it could be removed would be to seek a variance from the subdivision regulations through a public hearing process with this Council. Mr. Annunziato said one of the reasons given for having to have a westerly connection on approximately S.W. llth Avenue of the east/west collector road was congestion, which resulted from having more than 160,000 square feet of retail and 30,000 square feet of offices. It is possible that intersection could be moved southerly if the intensity of land use is diminished; that has not been addressed, but that is an opportunity. Mention was made of the configuration of east/west roads splitting First Baptist Church's property and the fact that - 12 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 there are 18 acres of land. Mr. Annunziato said the Church's property is currently split by several rights of way, two or three east/west and at least one north/south. As the church property should be developed as a unified par- cel, he thinks the Church plans to request the abandonment of rights of way that interfere with their parcel; however, he thinks there would be rights of way dedications for S.W. 8th Street to accommodate the loss of publicly dedicated rights of way. The applicant did not address the issue of the impact of the proposed shopping center on the properties to the north, either in the current configuration and zoning as recom- mended by the P&Z Board or in the configuration as requested by the applicant. Mr. Annunziato said his report cited several potential negative impacts. Concerning traffic impact, he said about 2,700 additional trips per day would be generated with this proposal for land development over what would exist under the current pattern of zoning--that amounts to a 36 percent increase. Philosophically, con- sidering the Comprehensive Planning Act, the question that is begged is Whether we have the infrastructure in place to serve any intensification of land use; he thinks that question will be tested by the State. Mr. Annunziato said the City's traffic consultant has suggested that this propo- sal, in connection with other land development proposals which have already been approved, will bring the intersec- tion of Seacrest Boulevard and Woolbright Road to level of service E. Concerning the 1-95 bridge, the Palm Beach County Traffic Engineer advised that restriping is not an appropriate option and that the only safe way to accommodate that situation is to add lanes. The Planning and Zoning Board, having conducted a public hearing, recommends that this request be denied. Mr. Annunziato said it is difficult to make a recommendation because of the pending litigation. He said there are four potential outcomes. The courts could place a condition on the City Council to approve a "no less than" zoning; if that should occur, there would be no land use conflicts created. Planning staff would recommend that all improvements suggested in Mr. Murray's traffic impact statement be imposed as a condition of approval. The second possible outcome is that the courts could have the City Council pro- wide a "no less than" zoning and a denial by the City Council of this application; that would result in the creation of spot zones between the existing pattern of com- mercial development and multi-family development north of an east/west road. The third possible outcome would be a denial by the courts--a favorable action for the CitY--and approval by the City Council; in that instance Council would - 13 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 be responsible for the land use and zoning conflicts. The fourth possible outcome would be denial on both parts, in which case we would be back where we are today. Mr. Perry said he thought when he got the opportunity to rebut, he would have the opportunity to rebut everything; he did not realize Mr. Annunziato would be doing clean up. Mayor Cassandra allowed him to respond to Mr. Annunziato's comments. Mr. Perry said the industrial road creates a separation that eliminates the potential for conflict. If a conflict exists, it is caused by bringing that industrial road through residentially-zoned property; the E&A Report recom- mends a reduction in residential density for the area to the north of this PCD to bring it down to single family. Bringing an 80 foot industrial collector through that creates a zoning conflict if anything does; that industrial road appeared for the first time as a staff-recommended change for the initial application. It was interesting to Mr. Perry that Charles Walker, the County Traffic Engineer, says it is unacceptable to stripe the 1-95 bridge. The two traffic engineers present, one of which is a former DOT employee and the other with one of the largest traffic engineering firms in the country, both con- tend that can be striped if it needs to be; there is ade- quate space on the bridge to accommodate two turn lanes with restriping. Mr. Perry did not know what was given to Mr. Walker to elicit his comment; he noted there is nothing in writing from Mr. Walker. He said this comment is coming at a late date and unsubstantiated, and Mr. Perry said he questions it and he challenges it. He said there is not a safety factor; otherwise, these Traffic Engineers would be putting their reputations and their licenses on the line. They are bound by their code of ethics to advise if a safety factor is involved. Mr. Perry suggested that Mr. Annunziato's comments, although they may be well intentioned, were strictly negative and were contrary to his previous comments on prior applica- tions, and he challenges them. Mayor Cassandra asked Attorney Vance for legal direction. Attorney Vance said the four scenarios outlined by Mr. Annunziato regarding the pending suit pertaining to the PUD area to the north could occur. He suggested that the Council has three choices as to what it can do with this application--grant it, deny it or postpone it pending the outcome of the litigation. He said the variables pointed out by Mr. Annunziato make it exceedingly difficult to make - 14 - MINUTES - sPECIAL cITY coUNCIL MEETING JULY 14, 1986 BoYNTON BEACH, FLORIDA a legislative decision- In response to Mayor Cassandra'S question, Attorney vance said the City can make any of these decisions legallY- UD ortion is in litiga- · . the P P - - -d he would iece ~ion and this is an oveza~ ~ segment and did not think he have a problem approving this could make a decision at this meeting to either approve or deny the application- ance said, if the city Council decides to postpone await the outcome of the Attorney V_ _~n ~ sneciflcally ~? ,_ ~_~ ehe matter could thiS, ~ -.-- litigatIon, a~ - current pen~lnw ' tion of what would happen to a determlna _ __=_~, in a much be brought back with '~ would prou=~ be the north area. The counc~£ better position to make an informed decision- ..' must soon make an eva- ssandra said the councll ns ive Plan; ~he Mayor Ca .... ro~osed comprehe _ . -= ~^w being cu~= luation on L~=~~ ~h~ oarcel o~ lanu ~u__~ ehe Plan is s recommen~eu u~ ...... Attorney vance ~= XY~.. ~n that ha ...... ~ be zoned C-2. . - '- ~t for t~e u~u3 contlnu~ ~ _. ~ n of w~at is an abstract =valuat-O the Comprehensive Plan; .... The ¢ouncil_c n ith this item cont nu :_ ~' _ ~ would De ~1~?u~_ --:~ --~ht desire to however, u~ - . the counc~ ~'~ _ - ~ *he ose circumstances, ,~'~ the outcome u=.F" under th . plan .... l_ ne ...... ~=e nortlon of the , ==^ ~v can evaluate t litigation is ar£~== - as presentedLo councilman zimmerman's question, city Manager In response, as he had intended to suggest under item III. cheney said he Comprehensive Plan amendment · a if we want t . to act on it by on thxS ag~n~,, ..... r the council need? _=~n~. That will · his calenoaz.~==_~. ,~lar council meeu~ ~. . in t . _ ~no~ t~e n=~t reg-T- -= ~ ¥o the State, al ow time to pac~=9= ~- _n them 90 days to return it to us, which would be in mid-November, and have the first and second readings on the ordinances before the end of December- . · , il feels, based on the ,~ ....... vance saxd, if th~_C°~c_.~ic hearings, that ~t_is ~uLuz~z~.. ~- ~$ ~he start ant ~"t .... ~h nsive plan recomm=~==~ ..... ~a with a~opu~u~ ~ scar to p~u~=~- ' e of property and that which nece Y ' .- : 's articular p~ec._ ~ =~ said. if the City including th~. P ==~.. --n ~o that. u~ .. t~ ..... ~ich is · = cil is postponing as~t4~~__and that adversel~ · . . . consider this application, but at the ffectS its a~1llt~ t~_._~,~ the property i~ t~e .= a . ~ s to ev~*==~ · ~eelS iL me time deslr? ___~ conclusions and .... sa . --=--- D~an. r==~'=o .... =~=~e- the Counuz~ can comprene~=s;~mi[ the Plan to T%±~;;;r~ey Vance was important do it. councilman zimmerman askeu - 15 - MINUTEs _ SPECIAL CITy COUNCIL MEETING BOYNToN BEACh, PLORIDA JULY 14, 1986 saying the COUncil must do the Comprehensive Plan but the rezoning, and he replied affirmatively,not Vice Mayor Zimmerman made a motion to postpone a decision, but Mayor Cassandra wanted to ask a question and hear the Other Council Members. °pinions. In response to Ma ~ld presen ~,. yet Cassandr , the E&A ~__t~ the recom .... ? s question -_ ~=port fro- =- ' .... =uuation is ~- ~ ~ur. Annun ' 9eOgra · · . '- =ne ~for zlato r~_:,phlc limits f~ ~&Z Board to . e. the Counci · ~=~. ~r th~ malnta 1 ~n · Mayor C = ..... commerc'~ __ in the into a~nura asked :~1~ ~ropertv ~ ~s~ that'r ~ Mr. Annunziato said there is tunity to ~ ~ thi .... ~, ~-z lOcal generally be done o ~uu could be reduced uce the intensity of an ap always an Oppor- licaWitht/on, that can out readvertising, but a PCD must be advertised With a legal description which might preclude the ability to do that. · Mayor Cassandra said he believes C 2 a the applicant is re been Some ...... questing. ~, 3 llows the ~ Vance said ~_~?Church, has ~c~nt, throuuh i~~= nas the Chur h ,__ Y cannot con ' - he USes. _ C_, **ur ca {~ __= Slde~ a n {,..~_ Attorney n _~ =urorce it. =r.~=~ agreement Councilwoman Z/bell/ wanted to confirm th are about 11 acres in t at COmprised of t~-~ _ he C-2 tract, and currently there to Mrs. Zibe~ and an addition=~ ~, the PCD wouTa ~ Board ~ =~ ~ quest/ n ~,_ _~ ~o acres ~_ -- ~= crossing; the locati · mu~clon that there w-~'~cO said the P~Z- ~he P&Z Board t~^~ =~n is not Site 2 .... need for a rail ~uuress ~_ : -"=~ uecide . ~ y~ossln .... - . ~"= ~ssu~ ~ ~ .d they wo,~ _ . g- Mr. Crossing, and ~i=u~ ±ocatlon, but ~ not Specifica]]~ ~u Specific a_~: =uure Would be = Councilman Ferrell sa/ uuaon was in a motion on ~ny of the ~- ..d he did no ~^~ _ sa/d, if ~^__~ee items on . t_~==% comrortab e '- = -~Punement, it Will ~~rn~y Vance months, possibly longer. losingc~party in the · .~e~said it is possib~e ~ that= ~or six Distri ~ m ...... C~rcu~ ~uz= or Appeals;t.~Ourt may an~ the half to two years. ~=~ ~u a '-e-- - the it Could ~,^~ une case to = ~ an~ a Mr. Cheney said th ~P~nsive Plan=a~°~c~ ~ VOte to leave . ~_ . come of the ~ ......... ~uw, makin .... the ~umpre~ens.,,~ ~ ~ult, and ~m~ - ~ ,~u C~an es ._ t 1~= r~an a~t~ ~.- ~uuress th~ _ g. · Pendl~ ~e plan wil~ ~- ~ une 4um ..... ~ part of ~ g ~ ~= nas decided ~-_ w at the judSeT llA tg? Council does us what know what ~ :_ uecl~e, Mr ~-- not know at · · t..= xmpact Will ~- ~' ~-uney thou-hr ~= this time ~= from an ad~a__f~ ~uey cannot ~ ~=nc Piece of land - 16 - MINUTES _ SPECIAL CITY COUNCIL MEETING BOYNTON BEACH· FLORIDA JULY 14, 1986 Vice Mayor Zimmerman repeated his motion to Sion until the final ou residential ~ ....... tcome of th ~:_ _ postpone a de · · ~rE e ~u~ aui . c_- ~s directed to --~=~ to-the north· at ,.-~-,- ~ regarding the litigate-- -= .~u~xry the annl~ ..... --~un time the auvance adver~{[~~ a notice at ~_.J"7 uu=come of the apPlication -~-.,~.cne public hear~°~ =wo weeks in VOted u~- f__.uOunc~lman Heater se ~'~ =o consxder this p. ~-. unu carr%ed 5-0. conded the motinn := CD - --; &= was Mayor Cassandra announced a short break, and the meeting resumed at 10:05 p.m. B. Consider request for an ~irculation Element ~ =~menclment to the Tr-==. . ~or a new railro-~ -~ =ne Comprehensive D~a[c and Railroa~ ~ _ ~u crossin~ of ~ .... ~ no Provi~ ~ =~ approximately ~ ~.? ~_~eanoard Syste~ request was Submitted by Enrico Rossi for Elsie ..... zznn Avenue. This Winchester and the properties or persons affected are among others· the following: 1. Seaboard System Railroad· Inc. 2. Puentes Jacinto 3. Bulldog Industries· Inc 4. L & M Martin · 5. Paul D. DeGrangillier 6. Sol C. Shaye 7. Jonathan Kislak, Trustee 8. First Baptist Church of Boynton Beach· Inc. Mr. Annunziato said the Planning and Zoning Board held a public hearing on this request· and comes to the City Council with their recommendation to deny. Attorney Michael Schroeder, appearing on behalf of Winchester· said that· wh' . denial of t~ ...... zle the p& n .... Elsie =n~ ...... ?~? ~PP±lcation_ Z ~u recommen l~'-~=w~ set f ,_they ap roy _ .ded orth on P ed and a~o cto~ eas~a~o ~A Repor=,P~c truct 95 ' .P per=y lyin be o=reet to aery · ~nclud~n~ a ~-=,~ -g tween the r=~ ....... e the complication~ ~_~f~ crossing., T.~y ~n~ Interstate ~xperienced ~n~?~[~tlc~lties t~t t~ ~L~ ~11 of the =ion, the PUD an~°~P~encing with res~i~~ ~s instruc ~ · - ~= ~cu, Mr. S ~ ~o the liti - t~= him to Withdraw th~c~f~er.~aid his cli ga crossing at this point but to request that the Council adopt ~ ~PP±~ca~on for the ent has the recommendation made by the P&Z Board and, while not ~ocating Specifically the crossing or the collector road· · nclude in the plan the language that was approved by the P&Z Board· recognizing the need for the new crossing and the new road. That keeps the plan consistent with the City,s subdivision requirements. - 17- OTHER BUSINES~ A. item A. MINUTEs _ SPECIAL CITy COUNCIL MEETING BOYNTON BEACH, FLORIDA JULY 14, 1986 Attorney Vance advised that adequately handles the Situation; it does ~t commit the City to a spot Certain Mayor Cassandra confirmed With Attorney Vance that Attorney Schroeder,s request to adopt the language on page 179 of the E&A Report does not commit the City until this is adopted; that remains in the staff recommendations at this point. Councilman Ferrell said he Would prefer to leave this iSSue open and deal with it at the same time as Consider Planning and cerning Comprehensive ~nEgv~i~com~.endations ~ an~ Appraisalc°n- Mayor Cassandra announ held July 21, 19o~ _c~d a Special C · _ readin~ th^ 7. or! at 7:30 ~ ~ .. Ouncll Meetin~ wa~t unt~ ~_= rems on this __ a~ he ~s st/ be -~ ~,,au meeting to d~--~epu~t,ano Would ~r^~_ - ~ouuss this report. Mayor Cassandra announced that Will not be a public hearing, as PUblic hearings have been held on the E&A Report. City Manager Cheney said it will be a Special Council Meeting; ~herefore, the Council Will be able to make decisions. It · s not just a Workshop. ADJOURNMENT The meeting was adjourned at 10:10 P.m. ATTEST: (Three Tapes) - 18- CITy OF BOYNTON BEACI~, FLORIDA Cou