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Minutes 12-13-88 MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, Ar- FLORIDA, TUESDAY, DECEMBER 13, 1988 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Marilyn Buckle Martin Jackier Daniel Richter Gary Lehnertz Jose Aguila, Alternate (Voting) Carmen Annunziato, Planning Director Jim Golden, Senior City Planner Tambri Beyden, Assistant City Planner Chairman Walshak called the meeting to order at 7:30 P. M. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS After the Pledge of Allegiance to the Flag, Chairman Walshak asked for a few moments of silence in memory of Eddie Bower (flower shop owner in Boynton Beach for so many years) who has passed away. Be then introduced the Planning Director, members of the Board, members of the Planning Department~ and acknowledged the following people who were present in the audience: Vice Mayor Ezell Bester; Commissioner Arline Weiner; Ann Toney, Assistant to the City Manager; Pearl Wische, member of the Community Appearance Board; Lee Wische, member of the Parks and Recreation Board; George Davis, member of the Community Appearance Board; Rick Rossi, member of the Codes Enforcement Board, Pamela-Basterok, reporter from the Palm Beach Post; and Johnnetta Broomfield, Director of Community Improvement. APPROVAL OF MINUTES OF NOVEMBER 8, 1988 Mrs. Buckle wished to make one correct~on to thee minutes on page 1, second line under APPROVAL OF'MINUTES OF O~TOBER 11, 1988 change "corrected" to "present~%" Mrs. Buckle moved to approve the minutes as corrected. Motion was seconded by Mr. Richter and carried 7-0. ANNOUNCEMENTS Mr. Annunziato stated that the Board Members had been pro- vided copies of two agenda packets (one for this meeting and one for the meeting to be held on Thursday). The packets did not have an agenda attached, and Mr. Annunziato provided an agenda for each packet at the beginning of the meeting. He noted that the applications for Alhambra Square, Winchester properties and Jonathan Groves will be heard at the December 15, 1988 meeting. - 1 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 COMMUNICATIONS None. CHANGE TO THE AGENDA Chairman Walshak stated that he would like to move Item 6.D OTHER up On the agenda so the discussion regarding the Community Redevelopment Plan for the Expanded Redevelopment Area could be held prior to OLD BUSINESS. Mrs. Huckle Stated that she would prefer not to change the agenda. Vice Chairman Blanchette felt ItemlD should be moved up, and he moved thati It~em D. OTHER be moved up to the beginning of the agenda. Mr. Richter seconded the motion which carried 6-1. Mrs. Huckl~ voted against the motion. NEW BUSINESS D. OTHER Review of the Community Redevelopment Plan for the Expanded Redevelopment Area of consistency with the adopted Comprehensive Plan Mr. Annunziato stated that in connection with the 1988/89 Budget, money was approved to prepare a Community Redevelopment Plan for the expanded redevelopment area. The redevelopment area was expanded earlier in the year to include the area between the FEC Railroad tracks*on 1-95, eShouldbe FEC Boynton Canal on the north and Ocean Avenue on the South. raitroad track~ This was done in part to support the Boynton Beach Boulevard on the east an~ study done by Design Studio, and to look more closely at 1-95 on the those uses along Boynton Beach Boulevard and how they impact west. See and interrelate with the land uses in the residential areas 1/10/89 primarily. He continued that the City Commission has begun minutes. to implement some housing programs - i.e., Paint-up/Fix-up programs. These programs were developed to tie into the program to redevelop the City's distressed areas. Earlier in the year the City Commission made some findings of slum and blight. Maps were drawn, utilities and roads analyzed, and a determination made. This plan is coming to the P&Z Board at this time. As the program developed based on the funding from the 1988/89 Budget, consult~ants were interviewed and Reynolds, Smith and Hills (RS&H) was selected. RS&H prepared a plan in approximately 28 days and went before the Community Redevelopment Agency where it received a 3-2 vote in favor MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 of forwarding the Plan to the City Commission. The primary questions regarding the plan are whether there should be a neighborhood or regional focus. With adoption of the Plan as proposed, the City will be able to get Tax Increment Financlng (TIF) in 1989. Part of the review process involves the local planning agency (P&Z Board). The agency must review the redevelopment plan for consistency with the adopted Comprehensive Plan as it relates to policies and land uses. According to State Statutes the P&Z Board appears to have 60 days to perform that task. Mr. Annunziato stated that the Board mas being asked to make a finding of consistency subject to the memorandum (attached as Addendum "A-1 - A-6" to the ori~ginal copy of these minu- tes in the Office of the City Clerk) from the Planning Department. The memorandum defimes the land use changes which would have to be made as a part of the adoption of the 1989 Comprehensive Plan. They als~o reviewed policies to determine the general consistency of the Re,development Plan with the Adopted Comprehensive Plan. The City Commission has approved the adoption of the Redevelopment Plan on First Reading. This was necessary in o~der to ~lement TIF in 198B. The City Commission hopes to be abl~ to act on December 20th to approve the Redevelopment ~!an in some form.~ Mr. Annunziat0 felt that it was desired to adopt the Plan in 1988 so that TIF could be impeleme~ted. This plan ean b~ amended. If a~opted, by the end of t~e year, there will then be time to give m~re thought to h~ the Plan would have to amended. The Planning Department made a recommen- dation that the P&Z Board make a ~inding t~at the Redevelopment Plan is consistent with the Comprehensive Plan subject to the Planning Department's comme~s. Chairman Walshak stated that when laws are broken, the citi- zens and taxpayers suffer. This zs true for the drug addict who hits someone over the head for a "fix" or someone who steals a car because he is tired of walking, or whether it is broken by Government who ignores a set of laws, whether this is due to a lack of time, losing kax i~centives, etc. Chairman Walshak still felt that breaking th'e law was not the right thing to do. He e~aborated by~-h~lding up a copy of the Redevel©pment Plan done by RS&H' for'the City which was specifically addressed t~ the Community Redevelopment authority. The contract was let in October for this Plan. This did not allow much time for ~he consulting engineer to do the work~ however, Chairman Wa~shak-~fel~ that perhaps the consultant had done a n~ce ~Ob. He was not sure since he had no~ had enough time to review the whole document. On November 7th a group o~ keylcitizens (15 or 16) were invited to a workshop at the Royal Palm C~ubhouse. Members of the Plann~ing and Zoning Board were not invited. Chairman MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Walshak stated that he had a schedule which stated "By invi- tation only." The consultants went back after that workshop meeting with the input from the "key" citizens and incor- porated their comments into the document he held up before the group. On November 30th the Community Redevelopment ~gemcy-conducted-a workshop~ Chairman Walshak.stated that he ~was not invited~%o that workshop either, but was not sure if~any other P&Z Board members had,attended. On December 5th fromm6:00 - 6:30 P.M, there was another workshop, eon- ~ucted~at which time in whie~ members ~of the c~ ~ave input. ~&~reg~larly sche~u!ed cRA~meeting s~arred-at 6:32'P.M. immedia~ely afte~ ~ne workshop m&eti~ a~jo~rnea~ ~e c~ ~aop~e~he aedevei~pment~ Pian by ~v0~e of ~=2 at the regu- ia~eting. CommiSSioner: 0~enik ~d~6~s~0n~r ~a~n did ~ot ~D%e'in ~a~o~ ~ acc~i~g ~e~l~, ~ ~e~o~lo~ing ~u~n~g~tne~Plan~w~ sent~O the c~_commi~sl0n. ~e city ~0mmLS~l~on appro~e~ ~the aed~veioPmgD~' P~ ~n~ Fi~s{/R~ading ~'i~ ~ P&Z Board Was s~e~uled~ zo :~6ns~d'er/the ~PlaD~ 0n December 13th. ~ ~haiE~m Watshak had re~eivea the ~lan along with the' agenda ~k~% foz this meeting alon~ wt~ hat~ ~ package fo~ the ~D~P&Z Boar~ m~e~l~g ~p~o~%m~e~y~6 ho~ P~gr~ to ~th~s ~eting. ~airman Wals~ak sta~ed .that~ thg~ ~de~l~Dment P~an i~volves~ mi!lion.of dotlar~. OnD item a~lone :re~ers to a $25, m~!liom to $~mii~i~on ~d i~Due. ~e f~!t the Bo~d Was~ e~e~-~ ~m~i~u~S~ the~ p~an an~d~ T.~b~~ s~amp it. H$ ba~gd~ t~is ,~n_~bes frD~zone~of~ the w0rk~hop meetin~s~ whi~ch ~%h~b~fdre him. Once the P&Z Board has rubber stamped the Plan it would be sent to the City Com~s~ion for~inaL ~$~in9 ~ appr~oval~ He con- t~ PlaY,was don~, what., ~-i~~[~<~ j%3,00~ citizens ~{~ec%l~ and 40,0~b ~lU~~ ~i~i~~'~u~h~ t'a~ dollarS, the ~t~me~Se documen~ ~as prePa~d~ th~Wa~ i~t w~s~ se~t and h~a~led~ is a sham. ~: Walshak~ r~ from~ ~h~ E!or~da~ ~St~tute~ 160. 360 Co~ity Redevelopment Plans (the law which governs the ~l~n~ ~s~lf), paragraph 3.. ~ Przo~ ~ ~he cons~deratlon of a C~u~i~ Redeveio ~nt Pla~, the C~mm~i~y Redevelopment ~enc~~ shall sub~% ~uch. a. ~lan to ~ l~al R!an~ng agency O~ t~ ~ounty or ~Unicipali~y four r~i~ and .neco~endation ~ ~s :z~tS conformz~y w~th t~e ~ompr~e~sz~e Plan for the ~lD~ent of ~t~ or~icipa!i~y ~a~s ~ whose. ~ ~e local p~an~z~ agency ~1~ subm~t~ ........ ~ts ~k~ recommendation wzth ma~s~ct~ ~o con~o~tF o~ %~ propos~d Co--unity Redevelopment Plan to the ~mmunity Redevelopment Agency withi~ 60 days after receipt of review." He stated that *Should be 163.360. See 1/10/89 minutes. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 this law is enacted so that the CRA upon receipt of the Plan sends it immediately to the local planning agency (P&Z Board). He felt this process was for a number of reasons. Once the P&Z Board receives the Plan, it must go into the Florida Statutes which apply to this Board as the local planning agency for the City. If there are Comprehensive Plan, land use changes, (he felt there are changes) the P&Z Board must hold public hearings for the benefit of the com- munity so that everyone has a voice in the matter. Chairman Walshak asked if this had been handled according to the law. Mr. Annunziato stated that the requirement to hold public hearings had been met. Chairman Walshak stated that was not his question. He asked if the Plan had been handled according to the laws (Florida Statutes). Mr. Annunziato stated that he believed it had. Chairman Walshak wondered if this could be true in light of the fact the CRA was sup- posed to send the Plan to the P&Z Board prior to the CRA accepting the Plan. He noted that the CRA had accepted the plan with a 3-2 vote in favor and the City Commission had approved the Plan with a 4-1 vote. Chairman Walshak noted that the law is very specific and again read from paragraph 3. Mr. Annunziato stated that in this case City Attorney Rea would need to look into the matter. Mr. Annunziato felt that since the City Commission also sits as the CRA, and because the Plan has not been acted on in final form, he felt the window of opportunity for the P&Z Board to recom- mend to the CRA still existed. The City Attorney should make that determination. Chairman Walshak agreed that Mr. Annunziato was not the person to answer that question, but he felt that the law was very clear on the matter. Chairman Walshak had made his comments and opened the discussion up to the other members of the Board. Vice Chairman Blanchette asked if the P&Z Board was the agency that the law made reference to, and Mr. Annunziato stated that the P&Z Board is the local planning agency. Dr. Jackier asked whether the Plan could be amended in the future if the Board approVed the Plan at this time. Mr. Annunziato stated that it could be amended. If not approved, TIF would be delayed for another year. Mr. Richter asked if TIF was the reason for rushing this Plan through the process, and Mr. Annunziato stated that it was. Mr. Richter noted that TIF in the district being addressed with the homestead exception, evaluations as shown are very low and not much TIF would be coming. Mr. Annunziato stated that some increment for taxes does exist. The fact that the tax value is low allows the City to cap- ture the value of any change. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Mr. Annunziato explained how Tax Increment Financing works. Take base year 1988 as the assessed value. He gave an example: Within the adopted boundaries (for purpose of discussion) 5 - any increment as a result of changes either public or private which occur in future years (say in 1989 $1 million worth of construction takes place and the assessed value goes from 5 to 8) times the adopted millages of all taxing districts except the School Board is returned to the Redevelopment Agency as funding to be used to work the programs in the Redevelopment Plan. The importance of getting the Plan adopted in 1988 is to set 1988 as the base year. Mr. Annunziato felt the Plan would be amended in 1989, however, the base year for TIF would have been set. Mr. Aguila asked if the base year could be set in 1989 as well. Mr. Annunziato stated that could be done, but would not allow them to take advange of TIF until 1990. He also pointed out that some redevelopment was expected in the very near future with the FINA project and Kentucky Fried Chicken. He also felt there might be some redevelopment along Boynton Beach Boulevard. Mr. Annunziato stated that he felt the legal issues should be separated from the con- sistency issues. He recommended that the Board go forward with the consistency issues and send the legal issues to the City Attorney for determination. The City Attorney can then advise the City Commission whether or not it can act on adoption of the Plan. Chairman Walshak noted that the Florida Statutes have been on the books for a long time. He noted that nothing was said at the CRA meeting or the City Commission regarding the law. Chairman Walshak felt the law was specific on this issue and he felt for the P&Z Board to act would be a direct violation of the law. Mr. Annunziato did not feel that this Board would be put into any jeopardy by acting. Mr. Annunziato also noted that the City Attorney was present at both the CRA and City Commission meetings, and he felt that he would have advised them if he felt they were acting in error. Chairman Walshak asked if Mr. Annunziato was present at those meeting, and Mr. Annunziato stated that he was pre- sent at some of the meetings. Mr. Richter stated that he still had some apprehension about the legality of acting on the proposal. He was also con- cerned about the small amount of time to compare the Comprehensive Plan with the proposed Redevelopment Plan. Mr. Richter appreciated the fact that Mr. Annunziato had pointed out areas to be considered in his memorandum, but he was still concerned about being able to make a good decision without having more time. - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Chairman Walshak stated that laws are enacted for the bene- fit of the public, and he was concerned that the public had not had adequate opportunity for input. He referred to the workshops and noted that there was little public input. He felt that the P&Z Board should put public input into the document as the last chance the public would have would be the City Commission meeting to be held December 20th when the final reading was held. He felt that a Plan of this magnitude with so many ramifications and such a cost should be looked at in more detail and with more pubiic input. He referred to the 33,500 lineal feet of substandard water lines which would be replaced. This would cost a lot of money, and he noted this could not come from TIF next year. ~ew rights-of-way would have to be-purchased, etc. to imple- ment the plan. Much should.be discussed with public input. He did not wish to circumvent the procedures of the law. Chairman Walshak asked why this was not done last year, and ~r. ~An~unziato replied that money was not available until he i988/89 Budget. Mr. Annunziato stated that there was an effort before the City Commission in workshop sessions to invite and involve the public in the preparation of the Plan. Chairman Walshak asked how notice went out - advertised in the newspaper. Ms. Broomfield came forward to answer the question. She stated that at the meeting when the Consultant was approved a time schedule was included. One meeting was a workshop meeting where decision makers in the community were invited. Chairman Walshak asked if that was the meeting on November 7th when 15 people attended, but Ms. Broomfield was not sure how many people had attended but felt there were more than 15. The people were sent special notices from the City to invite them to the meeting. Anyone else could have attended, but would not have given input to the Consultant. Chairman Walshak noted that the City schedule read "4-8 CRA Plan~Workshop - By Inwitation Only." Ms. Broomfield stated that was the meeting she had made reference uo., and it was for the p~rpose of interchanging ideas between the Consultant and those who received the invitation. Other individuals were present, but they did not ask any questions. Aguila asked who generated the list for the invitations, and Ms. Broomfield stated that the City Manager's Office, the Consultant and she made out the list. The CRA meetings and City Commission meetings are all public meetings as well. No special invitations are sent, but these meetings are advertised in the normal process. On public hearings special notices are sent out due to the time period established for public hearings. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Chairman Walshak again asked if there was for any of the workshops any notice that the public could attend. Ms. Broomfield stated that this was advertised in the Palm Beach Post and the City's Newsletter by special articles which these papers carried. She felt that people were aware of the meetings. When asked by Chairman Walshak how well attended the meetings were, Ms. Broomfield replied that the attendance was similar to this P&Z Board meeting. Chairman Walshak stated that he felt that the law being discussed was enacted to get the Plan to the local planning agency so that this Board could arrange by Statute 163.3174 on any comprehensive land use chanqes to notify the public saying that this specific issue is coming up, and all con- cerned citizens may attend and give input. He did not feel this had been done. Chairman Walshak was not satisfied that the public had any input at all. He felt that to push this through in a period of 40 days (or 35 days) in order to get TIF from an area which is not presently generating any reve- nue at present, seemed to be ludicrous. Mr. Annunziato clarified that the P&Z Board was not being asked to amend the Comprehensive Plan. All they were asked to do was to recommend to the City Commission the con- sistency of the Redevelopment Plan to the adopted Comprehensive Plan. In order to be consistent with the Comprehensive Plan the City Commission would have to com- mence the process of amending it's Comprehensive Plan. At this point the local planning agency will conduct public hearings on the planned amendments. Chairman Walshak asked if he meant once this becomes law, and Mr. Annunziato replied that he said only as amended. Chairman Walshak felt that he was saying to approve something and then fix it later. Mr. Richter stated that the Boynton Beach Boulevard plan and the Downtown Redevelopment Plans exist and he wondered if the Redevelopment Plan was in agreement with these plans. Mr. Annunziato stated that the Boynton Beach Boulevard plan recommendations had been incorporated into the new Redevelopment Plan. He noted that the Boynton Beach Boulevard (Urban Design Plan) has not been formally adopted. The Redevelopment Plan points out any inconsistencies be- tween the two plans so the City Commission can evaluate the differences in philosophy. This difference was reflected among the Commission members. This really has to do with whether Boynton Beach Boulevard is a neighborhood street or a regional facility. Many characteristics would indicate it is a regional facility. RS&H in their economic analysis, when they did their market study, found only a market for m MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA DECEMBER 13, 1988 neighborhood commercial uses. This could be a short term need, but it could be a long term need. Final decision will have to be made at some point in time. Decision have to be made on the best information available at the time. RS&H has taken a more sophisticated approach as they did detailed market analyses. RS&H's report states that Boynton Beach Boulevard could sustain additional neighborhood commercial uses, but see no regional market for this area. The Urban Design study does not agree with this. Chairman Walshak referred again to the law and noted that it is there to allow the public to d~scuss the differences in opinion. Chairman Walshak read further from the law: "Upon receipt of the recommendation of the local planning agency or, if no recommendations are received within 60 days, then without such recommendations, the Community Redevelopment Agency may proceed with its cons~ideration of the proposed Community R~d~velopment Plan." Cl~irman Walshak felt this was very clearly stated. Mr. Annunziato stated that the Plan has not been adopted in fina~t ~orm. Chairman Walshak Stated that the CRA is now completely out of the situation. Mr. Richter felt that the audience should be allowed to make comments, but Chairman Walshak suggested this should not be done until the Board had made their comments. The public will be able to make comments on December 20th as well. Mr. Aguila was unclear on some points, but was uncomfortable making a review in such a short time. He could not see how waiting another year could hurt t~e City to allow time to make an adequate evaluation. Mr. Lehnertz wished to have more time to go over the Plan prior to making a recommendation. He felt that to expect a concerted and general public opinion to the Plan, the public would have to have the report to study to review and com- ment. He felt this was expecting too much from the citi- zens, and that the P&Z Board was representative of the City. Mr. Lehnertz did not have any problem with the possibility that public input might have been limited up to this point. He wished to have more time and had felt that this Plan would be discussed at the December 15th meeting rather than this meeting. He suggested that the decision by the Board be postponed for further discussion on the 15th. Mr. Richter stated that he shares the concerns of the other Members, and felt that the 15th would give a little more time even though the schedule was heavy for that date as well. Mr. Richter still had concerns from the legal stand- point as well. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Vice Chairman Blanchette felt the same as the others, and noted that the time had not been adequate to make an eva- luation of the material before them. He was also concerned about whether or not the public was aware of the plans and the money that was proposed to be spent over the next few years. He felt that more coverage should be given. Mrs. Huckle stated that over the years they had workshops on items of this magnitude so that the planning staff could answer their questions. Sh~ felt that the Board had been left out of part of the preparation of the Plan. She felt this 'should be further explained to the Board. Mrs. Huckle was at,so concerned about the legality of the process even through the City Attorney had not raised a~y objection at the CRA or City Commission meeting. She felt that more time was needed to review ~he materialand ~old a workshop to answer some ~f h~r questions. She did not want to Sign the recom- mendation without knowing more about the Plan. Dr. Jackier stated that aside from the legality question, he would like to know how much money was involved. Mr. Annunziato stated that he did not know if a figure had been forecast. Ms. Broomfield stated ~hat each year there was a different amount for TIF. The estimate is based on whether there will be some develOpment after the tax base year has been set. She did not feel that the dollar amount in any one year from TIT would be more tha~ $135,00 to $140,000. The range over ten years could be:between $25,00 to $145,000. Mr. Richter noted this was a relatively insigni- ficant amount of money, and could not see the urgency. He was in favor of putting off a decision. Chairman Walshak asked whether anyone in RS&H had said the total cost to implement the whole Plan would be. Ms. Broomfield believed that figure was between $6 million to $10 million. Chairman Walshak had seen one section which would require a $25 million to $30 million bond issue. Ms. Broomfield stated this was for infrastructure. Infrastructure would not be done from TIF but out of capital improvement funds. Chairman Walshak stated out of tax payers' money, and Ms. Broomfield s~ated as it has always been. Mr. Annunziato stated that utility improvements would be done out of the Utility Budget. He also clarified that replacement of the water lines had already been projected and would be done from utility f~nding. The City has purchased some equipment to do some of the reconstruction itself. Chairman Walshak felt t~ese were necessary service problems which occur from time to time, but Mr. Annunziato stated that was not the case. T~e City plans to replace all the 2" water mains (33,500 linea~ feet). There is a program to start replacement of those with utility funds. 10 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Chairman Walshak questioned whether anyone had stated that in ten years the program would cost $100 million or $150 million. Mr. Annunziato stated that he did not know. Mr. Annunziato again stated that the Board was being asked to evaluate this Redevelopment as compared to the Comprehensive Plan. That was different from what he was hearing. Chairman Walshak felt that everyone understood the situation. He felt that everyone realized that if this were adopted, they would have to adopt land use changes. He felt the important thing was the lack Of public l~put and that ~he law had bee~ circumvent~ed. The prescribed method had not been followed. Chairman Walshak stated that he would not be a rubber stamp for ~nyone in this City, especially when that much money was involved. Chairman Walshak also took exception to the minutes~ of ~he CRA meeting which stated, "Mayor Marchese fel~t that the member.s of the P&Z Board would understand the actions~" He did not understand the action. ~ei~ad given ~f his ~ime freely for the better- men~ of the City and W6uld not r ~u!bber stamp anything. Mrs. Huckle stated that they should have 60 days to review. Chairman Walshak felt this Plan s~ould be sent back to the City Commission with a recommendation that they send it back to the CRA for the CRA~'s distributionTM to the P&Z Board. The law would the~ allow .60 days for p~blic hearings to be held and for the Plan to be discussed and decisions made. Mrs. Huckle did not believe that the law provided at this stage that public hearings be held. Mr. Annunziato agreed with her statement. ~rs. Huckle continued that the P&Z Board should re~iew t~e Plan. Chairman Walshak felt she was looking at the law thlat governs ~he action of the CRA. Law mandates the CRA s~n~ the Plan to the P&Z Board. The laws governing the local planning agency come in ~nce the P&Z Board has received t~s Plan. He felt that a different law would mandate that a ~ublic hearing be held. Mrs. ~uckle felt this should go to the City ~ttorney for clarification. Chairman Walshak stated that the law which governs the P&Z Board is in ChaPter ~!63.3~74, Pa~agrap~ 4, Section A. Mrs. Huckle did not feel this was relevant %o the issue at hand. Chairman Walshak felt that the Plan did ha~e an effect on the Comprehensive Plan. Mrs. Huokle stated that the issue is the consistency of this Plan to the Comprehensive Plan, but she did not know if the law required that public hearings be held at this stage. She felt that the City Attorney would have to decide. Chairman Walshak suggested the Plan be sent back with a recommendation to the City Commission that the Plan be sent 11 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 back to the CRA. The Commission could do what they wanted to at that point. They could even go ahead with the 2nd Reading on the 20th. Chairman Walshak felt the proper thing to do under the terms and conditions of Florida Statute 163.360 the P&Z Board must send the Plan back and request that things be done properly. Mr. Aguila was very uncomfortable with the time they had to review the Plan. Dr. Jackier asked if they would send it back without a recommendation. Chairman Walshak stated that it should be sent back with a recommendation that it go back to the CRA and that the CRA then follow the law. This would give the P&Z Board the time they are entitled to in order to consider the Plan and get public opinion. Chairman Walshak wished to know where the money was coming from the implement the PTan. Mrs. Huckle felt the Plan would be explored even- tually as to final approval. Mr. Annunziato stated there was a funding program in the Plan. The Board was not being asked to evaluate the philosophy of the Plan. They were being asked to co~mpare, make findings as to the consistence of tl%is Plan to %he adopted Comprehensive Plan. Issues related to funding and phiioso~P~y will be up to the CRA and the City Commission. Chairman Wa~shak asked if the Board was being asked t~o review the theory of the Plan, but Mr. knn~nziato stated they wer~ being asked ~o compare the Plan to ~the adopted C~mpreh~nsive Plan a~d consistency of poli- cies and land use proposals. Mrs...Huckle stated that was What sl~e undelrst~o~, but she felt it also stated the P&Z Board' i%ad 60 day~ ~or review. Mr. Ar~nuniziatO stated there was no question about it. The Board doe,s have 60 days for review. Mrs. Hu~kle c~arified that t~e rush at this point ~as to submit the P~an. in o~der to b~ eligible for TIF. Mr. A~uilla felt that if 60 clays are provl~ed, the Board Should take the 60 days. Mrs. I~c~le d~d n~{ t~ink they needed 60 days, but certaimly mo~re than they h~ bleen provided. chairman Walshak felt that a recommen~ation to the City Commission was needed as to what the P&Z Board expected them to do with the Plan. Mrs. Huckle d~d not feel the Board was in a position to make a recommendation. chairman Walshak felt the motion should be to send the Plan back to the Commission so the Commission could send the Plan back to the CRA. The CRA should then follow the law and send ~he Plan for a 60 day review. Mrs. Huckle did not feel that the P&Z Board should tell the Commission what to do. Chairman Walshak stated they were recommending. Mrs. Huckle felt that the Commission would understand the perplexity when they read the minutes, but she did feel that the Board had to option to table until they had time to investigate. - 12 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 She felt a legal decision would be made as to whether the Commission had acted properly in this case. Mrs. Huckle felt the Board should make a statement that they needed more time for their evaluation. She did not feel the Commission could do much until the P&Z Board had made their recommen- dation. Mr. Annunziato stated that was his understanding as well. Mr. Richter moved that action on this Plan be delayed and a workshop meeting held. Mrs. Huckle seconded the motion. Mr. Aguila stated that he wanted to be sure the Commission understood why the P&Z Board was taking this position. He felt the minutes would explain their position. A vote was taken and carried 7-0 in favor of the motion. Maurice Rosenstock, 1 Villa Lane, asked to make some com- ment.s. He stated that the law had been quoted several times. He wanted to read the law for himself. Chairman Walshak gave him~a copy of the~law from Florida Statute, 1987, Chapter 163, Part 3. Mr. Rosenstock asked how long the Planning Board had had the documents, and he was told since last Friday. Mr. Rosenstock stated that the community was involved and the welfare of the community, and he com- mented that be would like to see the Board start reading the entire Plan and not wait for the formality of whether or not a workshop would be held. He Wanted to see all the members study the Plan to see if it is consistent with the Comprehensive Plan. He did not feel that it was a question of a public hearing as to the technicality of the document, but the violations or lack of congruity of the Comprehensive Plan. Chairman Walshak asked if anyone else wished to make a sta- tement and no one responded. Mr. Annunziato clarified that this was being tabled until the meeting to be held on January 10th, and the Board agreed. Aiter further discussion regarding time for adver- tising a workshop meeting, it was decided to hold a workshop meeting on Thursday, January 5, 1989 starting at 3:00 P.M. A map advertisement would be placed in the paper seven days prior to the workshop meeting. Vice Chairman Blanchette could not be present until after 4:00 P. M., but it was agreed to start the meeting at 3:00 P. M. and go to 5:30 or so. Mr. Annunziato agreed to send out a letter as to the location for the workshop meeting, and the appropriate staff members would be present. After a short break, the meeting resumed at 8:55 P. M. - 13- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 OLD BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Location: Legal Description: Description: Causeway Square Shopping Center Michael Timmons/John Maguire E&H Properties, Inc. Boynton Beach Associates, Inc. South Federal Highway at Woolbright Road, southeast corner See Addendum "B" attached to the original copy of these minutes in the Office of the City Clerk Request for a variance to Section 5-142(h)(3) and Section 5-142 (h)(7) "Driveways" of the Parking Lot Regulations. Miss Heyden discussed the three requests from Causeway Square Shopping Center at this time as they were all related. She stated that the old Grand Union grocery store was to be convered into a location for the Ben Franklin store. Parking would be upgraded and three variances were being requested. The first request involves the three driveways which currently exist on South Federal Highway. The second request is necessary as the northern-most drive- way is within 180 feet of the intersection rights-of-way lines of South Federal Highway and Woolbright Road. One of the two existing driveways onto Woolbright Road (the western-most) is within 180 feet of the same intersection. The TRB recommended approval of this request as submitted. The applicant has agreed to make one of the three existing driveways onto Federal Highway (the southern-most) a one- way, exit only drive. The driveway onto Woolbright Road which is within 180 feet of the interesetion is used to access the platted outparcel at the southeast corner of the interesection (Carteret Bank). A cross access agreement exists between the shopping center and the bank. The history of traffic accidents in the vicinity does not indi- cate that the current driveway design at the shopping center has significantly contributed to accidents. The applicant is also requesting that the existing storm- water discharge into the Intracoastal Waterway be allowed continue. The TRB recommended this request be subject to to - 14 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 the construction of pollution control devices at the two storm water outfalls into the Intracoastal Waterway and submittal of a management plan for maintenance of the pollu- tion control devices to the City Engineer. Miss Heyden noted that maintenance is very important if the pollution device is to work properly. It would be a hardship to require that retention areas be installed as the parking lot paving would have to be removed at considerable cost. The applicant will add landscaped islands in the parking lot. The third request is site plan approval to allow for eleva- tion change to the vacant supermarket and change in parking lot layout and design for the Ben Franklin store. The TRB recommended approval of this request subject to staff com- ments. Brenda Arnold, Kilday & Associates, 1551 Forum Place, Suite I00A, West Palm Beach, was present to represent the appli- cant. She stated that this shopping center is 20 years old and there were many problems they had tried to rectify. The parking lot is paved from property line to property line. The markings were to be upgraded as well as the handicapped parking spaces. The dumpsters would be screened with a 6' wall and landscaping would be added. Presently there is no landscaping or green space. The site would not allow them to make all the changes they would like to make, and they would not be able to bring all up to Code. They were having a problem providing enough parking, but with careful planning had come up with just enough to meet code. She felt that once the Ben Franklin is finished more people will be coming into the center to shop and the rest of the center will probably have a better occupancy rate. The TRB has approved the variances requested subject to staff comments. Mr. Richter asked if Ms. Arnold had any problem with the staff comments, and she replied that she was in agreement with the staff comments. They were working on the signage situation and it was their understanding that they have three years to bring this up to the new code. Mr. Richter asked if they were repairing the seawall, and Ms. Arnold replied that they were as this was to their advantage as well. The parking lot was being undermined and it was necessary to make the seawall repairs. Chairman Walshak asked how the polution devices would work. Rick Rossi, Rossi and Malavasi, .stated that his firm had done the enigneering for the pollution abatement process. They had used a system which has been used throughout the South Florida Flood Control District. He explained that the system works much like a grease itrap. The oils and sediment - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 are separated and contained and can then be removed by access from the top of the box. Mrs. Huckle asked if Ms. Arnold represented the project at the TRB meetings, and Ms. Arnold stated that she was. Mrs. Huckle questioned the use of the southerly Highway curb cut to remain as long as it was a one-way exit. Ms. Arnold agreed and stated this was decided because of the trucking flow. The trucks exit 1-95, come in off Woolbright, go into the center and exit out onto Woolbright Road and to 1-95. Mrs. Huckle had looked at this as being an entrance to pre- vent some of the jamming up at the next entrance. She had not thought about the truck situation. Mrs. Huckle stated that on most of the shopping centers approved recently, the Board has felt that it works well for the exists out of shopping centers to contain a double exit - one for right and one for left turn. She referred to the Sunshine Square Publix store and Oakwood Square. She noted this had worked very well. She had looked at the Causeway Square and saw a couple of areas where this would not work. She did feel the one coming out of K-Mart and turning right toward the bridge would work well with the two lanes. Mr. Aguila stated that this does not appear to have 27' of space and to make another lane would ca~se them to have to give up the landscaped island. Ms. A~nold noted that they have a very critical parking problem. At present they have a buffer of only two spaces. Since this is an exising center she felt these were needed to maintain the parking required. If they do have excess, they will be glad to put in the additional turn lane. Ms. Arnold also stated that another problem they have is the existing agreement with Carteret. Mr. Annunziato stated that the problem is that they are at or near the number of required parking spaces. To add a left turn lane at that eastern most entrance may require eliminating one parking space and put them into a Code problem. He recommended that if they remain above the mini- mum requirements, that they install a turn lane. He did not want to throw them into a Code violation. Mr. Aguila asked if all the islands indicated would be landscaped and have raised curbs. Ms. Arnold stated that all but a couple would be, but they were trying to leaving the existing light fixtures to avoid any additional costs. Shade trees would be placed in all the interior parking islands and would be fully irrigated. Ms. Arnold felt that by working with staff to get the building remodeled for Ben Franklin an improvement in the site would result. She acknowledged that for her as a site planner, the plans were - 16 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 less than desirable, but this center is 20 years old. The plans would certainly be an improvement. Mr. Richter agreed this would be quite an improvement as far as the looks are concerned. Mr. Annunziato spoke on behalf of staff recommendations. He felt that the City would be getting a tremendous upgrade for a substandard shopping center which would probably not occur if the variances were not approved. He referred to the pollution abatement system and noted that this came about as a result of a reoommendation he had made. Mr. Annunziato referred to a time when Colonel Trauger was Mayor. At that time he required the property owners to "wash their face, and comb their hair." He felt the improvements to Sunshine Square, although modest, were somewhat responsive to the plea from Colonel Trauger. Mrs. Huckle asked if the Ben Franklin was going to be a large one, and Ms. Arnold stated that it would not occupy all of the Grand Union space. She was not aware of any other tenants at this time. Mr. Richter felt that it was commendable that common sense was used on everyone's part put this project together. to As no one wished to speak for or against the requests, THE PUBLIC HEARING WAS CLOSED. Motion on Request for Variance to Section 5-142(h)(3) and Section 5-142(h)(7) "Driveways" of the Parking Lot Regulations Mrs. Huckle moved to approve the requested variance to Section 5-142(h)(3) and Section 5-142(h)(7) "Driveways" of the Parking Lot Regulations for Causeway Square Shopping Center located on South Federal Highway at Woolbright Road, southeast corner subject to all staff comments (attached as Addendum "C-1 - C-2" to the original copy of these minutes in the Office of the City Clerk). Motion was seconded by Dr. Jackier and carried 7-0. NEW BUSINESS A. PUBLIC HEARINGS 1. Project Name: Agent: Owner: Location: Causeway Square Shopping Center Michael Timmons/John Maguire E&H Properties, Inc. Boynton Beach Associates, Inc. South Federal Highway at Woolbright Road, southeast corner - 17- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Legal Description: Description: See Addendum "B" attached to the original copy of these minutes in the Office of the City Clerk Request for a variance to Section 5-142(f) "Drainage" of the Parking Lot Regulations. See page 14 for discussion on this request. Motion Mr. Richter moved to approve the request for a variance to Sectlion 5-142(~) "Drainage" of the Parking Lot Regulations for ~Causeway Square Shopping Center at South Federal Highway at Woolbright Road, southeast corner subject to staff com- ments which are attached as Addendum "D" to the original copy of these minutes in the Office of the City Clerk. MotiOn was seconded by Mr. Aguila and carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Quail Run None Coscan Florida, Inc. West of South Congress Avenue, between Woolbright Road extended and Golf Road Ail of Tracts 2,3,4, and 5, "Quail Lake West and Tracts One and Two", according to the plat thereof, as recorded in Plat Book 50, Pages 3, 4, and 5 of the Records of Palm Beach County, Florida less all that portion of said Tract 2 lying in Tract B, "Quail Run", according to the plat thereof, as recorded in Plat Book 57, Pages 100 through 102 inclusive of the Public Records of Palm Beach County, Florida. Said land situate in the City of Boynton Beach, Palm Beach County, Florida. Containing 12.2751 acres, more or less. Request for a variance to Section 5-142(i)(!1) "Aisle Width Requirements" of the standards contained within the Parking Lot Regulations. 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Mr. Golden stated that the regulations require that parking lots be designed to meet or exceed the dimensional require- ments for stalls, driveways, and access aisles as provided for in City standards adopted in resolution form by the City Commission. There is a requirement to construct a 27 foot wide access aisle for 90 degree angle parking spaces. The applicant has requested that the aisle width be reduced from 27 feet to 22 feet. Vice Chairman Blanchette asked if the roads were private roads, and Mr. Golden answered affirmatively. Mr. Golden noted that the TRB vote was not unanimous in favor of granting the request. There was some discussion that space was available to widen the area of the road where the parking is located, but it was decided that they would be giving up green space in order to pave the area. Vice Chairman Blanchette felt that 22 feet was plenty of room for backing out. Mrs. Huckle felt that the request made sense as there was nothing to back into in those areas. Mr. Golden stated that the traffic volume was very low in this area. Thomas J. Lira, Director of Planning for Coscan Florida, Inc., was present to answer any questions. Mr. Lira stated that no rule can cover each and every situation. Tom Clark, City Engineer, had talked with Mr. Lira and agreed with this statement. Mr. Lira felt that the standard was fine for a shopping center parking lot where two cars might be backing out at the same time, but this is a development with little traffic and no parking is located across from the site in question. He also stated that the Condominium Documents require that each resident keep his garage clear so that his personal automobile can be parked in it. The other parking is kept for visitors. Mr. Lira presented a drawing which show the radius for an automobile 17'9" and how much space would be required to completely back out. The 22' of space was adequate to complete the maneuver. As no one wished to speak in favor of or against the request, THE PUBLIC HEARING WAS CLOSED. Mr. Aguila moved to approve the request for a variance to Section 5-142(i)(1) "Aisle Width Requirements" of the stan- dards contained within the Parking Lot Regulations for Quail Run. Motion was seconded by Mr. Lehnertz and carried 7-0. CONDITIONAL USE 3. Project Name: Rustic Retreat Retirement Home Agent: George C. Davis Project Architect 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Owner: Location: Legal Description: Description: Don Biesendorfer East side of North Federal Highway, between N.E. 10th Avenue and N.E. i2th Avenue See Addendum "E" attached to the original copy of these minutes in the Office of the City Clerk Request for conditional use and site plan approval to allow for an expansion of the existing facility by incorporating two adjacent single-family residences and a change in parking lot layout and design. Miss Heyden stated that the applicant is requesting con- ditional use approval to allow for an expansion of an existing adult congregate living facility (ACLF) which is a former motel which has been converted to an ACLF. The applicant proposes to expand the existing facility by incor- porating two single family residences which abut the existing ACLF property on the east side. The use is classified under the zoning regulations as a "boarding house" and would be allowed in R-3 zoning district subject to conditional use approval. Miss Heyden explained the surrounding area in relation to the ACLF. The existing ACLF has 20 beds and the additional space would provide 10 additional beds for a total of 30 beds. Access to the.~existing parking lot is from NOrt~ Federal Highway. ~it~!the expansion of the faci- lity with tbs single family homes, Manor Driv.e would provide a second access. A 20 foot driveway is prQposed to provide a connection between the exis~in~ parking lot and the cul- de-sac. The fence which exists in that area would be relo- cated within the road easement. Manor Drive will only be used for service vehicles whidh could reduce traffic in the area. The property is enclosed with fenci~ for security, but fire acces~s has been improved with the proposed installa- tion of two rolling gates and the new drive~ay connection. Parking for the new 10 bed eXpansion will b~ accommodated within the existing parking f~iiity near North Federal Highway. Eleven parking spaces are shown on the plans. A total of ten spaces are requi~ed. They proposed to restripe the lot, install new planting islands, parking lot lighting, wheel stops, curbing and additional landscaping. A new screened dumpste~ is proposed on ~he north side outside the perimeter fence, and a "T" turnaround has been provided. New lights will be installed in ~he parking lot, and the flood lights will be eliminated ~rom the rear of the single family homes. No new s~gns will be installed. The single 20 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 family home at 650 Manor Drive is a non-conforming structure with respect to rear setback and lot size. This is a low intensity residential use and would be preferable to other types of multi-family use. The Planning Department recom- mends that the request be approved subject to staff com- ments. It is recommended that the conditional use approval stipulate that the use of the building will be limited to an ACLF as defined in Florida Statutes. Staff comments are as follows: Building Department The project must have approval from the Palm Beach County Health Department. Unity of Title for the three parcels must be provided. Ail buildings must have handicapped accessibility. Dumpster details must specify column locations. Engineering Department The drainage plan, the drainage calculations, and the drainage details are not acceptable. Curbing location and detail are required. The handicap ramp location is required. Utilities Director Show existing water meters and sanitary services for the single family homes. Access to the sanitary manhole in front of the subject units must be maintained. When will the proposed gate be normally left open, and who will have keys to it in the event of an emergency? Planning Department See Addendum "F" attached to the original copy of these minutes in the Office of the City Clerk. Mrs. Huckle asked if the Director of Utilities comment about the manhole and the gate have been addressed. Miss Heyden stated that those comments have not yet been addressed, but the applicant is present as well as the architect. - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 George Davis, Architect, 1100 South Federal Highway stated that he was in agreement with the Planning Department's com- ments. Don Biesendorfer, owner, 829 Ocean Inlet Drive, stated that the residential gate as well as the two sliding vehicular gates will have a call system (a door bell) which will ring inside the facility as well as an intercom system. This is manned 24-hours a day to allow access at all times. Mr. Biesendorfer had not discussed this with the Utilities Director. Mrs. Huckle asked what the response of Mr. Annunziato would be to this, and Mr. Annunziato stated that he was surprised that the Fire Department had not expressed a concern about the locked gates as this was more of a problem for the Fire Department. Mr. Annunziato suggested that Mr. Biesendorfer should meet with the City staff and come up with a plan that would work. Mr. Biesendorfer had spoken to Mr. Cavanaugh from the Fire Department and the applicant was requested to extend the new driveway connecting the existing paved areas to allow ingress directly into the property through the rolling gate (electronically operated) which can be operated from within the facility. Any emergency vehicle can gain access by pulling in from Federal Highway and have egress onto Manor Drive by going straight through the property. Both gates would open automatically in any emergency situation, and personnel will be trained to handle such a situation. In answer to Chairman Walshak's question, Mr. Beisendorfer stated that he did not yet have the Unity of Title, but he has options on the property based upon the conditional use permits. Mr. Biesendorfer stated that his contract had been extended until February 1989. Mr. Annunziato stated that the Unity of Title will be required. The City Attorney will determine the degree of the ability of the Unity of Title to tie the properties together. This has been done in the past for other properties. Chairman Walshak had some concerns about the Unity of Title. Mr. Annunziato stated this was a contract purchase. Mr. Biesendorfer felt that everything was legally binding, and he saw no way anyone could back out of the contract. Mr. Aguila was concerned that the inter- com system be upgraded, and Mr. Biesendorfer stated this would be done. Some of the pavement will have to be torn out to install lighting, and the intercome would be done at that time as well. The buildings are not going to be physi- cally tied together. Mrs. ~uckle asked how the patients would be distributed in the new facility, Mr. Biesendorfer stated that the ACLF is oriented toward retired people who - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 are in control or nearly incomptent (a Phase II ACLF - people need some assistance). This could be for several reasons. The cost runs from $900 to $1,000 a month. There are people living there in varying degrees of incapacita- tion. Those living in the single family homes will probably house those who are more in control. Mrs. Huckle had spoken with one of the nelghors, and that neighbor feels the ACLF is an excellent neighbor. Mrs. Huckle noted the importance of this since the ACLF abuts a residential neighborhood. Chairman Walshak had received a telephone call at his home with the same message. Mr. Biessendorfer stated they try to maintain the appearance of the facility, and noted that the residents are very quiet. Mrs. HuckIe remarked that the lunch looked very good too. Lloyd Powell, owner of the Alpine Florist, came forward to speak IN FAVOR OF the request. He is one lot south of the ACLF, and he urged that the request be approved. Mr. Powell stated that the ACLF is a good neighbor who has improved the former motel facility and that it is well maintained. Mr. Powell referred to the time a year or so ago when the ACLF made a request which was tied into a rezoning and was denied their request at that time. He was glad to see this come before th~ Board again. As no one else wished to speak IN FAVOR OF or AGAINST the request, THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle was happy to see the City getting a few more beds in a retirement facility, as she felt this was needed. Mr. Richter stated that he was pl.eased to see this improve- ment and was in favor of the request. Mrs. Huckle moved to approve the request for conditional use and site plan approval to allow for an expansion of the existing facility by incorporating two adjacent single- family residences and a change in parking lot layout and design for the Rustic Retreat Retirement Home located on the east side of North Federal Highway, between N.E. 10th Avenue and N.E. 12th Avenue with the stipulation that the ACLF use be limited to an ACLF according to Section 400.402 of the Florida Statutes and subject to all staff comments. Motion was seconded by Mr. Richter and carried 7-0. B. SUBDIVISIONS MASTER PLAN MODIFICATION 1. Project Name: Agent: Boynton Lakes Plat No. 6 Charles W. DeSanti 23 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Owner: Location: Legal Description: Description: Lennar Homes, Inc. South side of Hypoluxo Road, of North Congress Avenue east Boynton Lakes - Plat NO. 6 (PUD) Section 8, Township 45 south, Range 43 east, City of Boynton Beach, Palm Beach County, Florida Request for approval of an amended master plan to allow for a reduc- tion of 13 units (from 70 to 57) and to replat a portion of Plat No. 6 to replace 56 townhouse units with 33 single-family zero lot line units Mr. Golden stated that this request would allow the elimina- tion of 46 planned townhouse units with 33 single-family zero lot lines units (a reduction~of 13 units). The City Commission made a finding of no substantial change on November 15, 1988 and forwarded this request to the P&Z Board as submitted. Mr. Richter asked if any of the units being eliminated would be placed in any other section of the development and was told that they will not. Vice Chairman Blanchette wanted to know if any green space was lost, but that was hard to determine. The large space planned for the center of the townhomes area will not exist, but each of the zero lot line homes will have its own small green space. Vice Chairman Blanchette preferred the zero lot line concept. Mr. Aguila was concerned about the lack of comment from the Fire Department. Rick Rossi, Rossi and Malavasi, Engineer for the project, stated that he had read the staff comments and agreed with them. Mr. Rossi stated that some of the comments had already been addressed. Mr. Lehnertz asked a question regarding the installation of screen enclosures on the backs of the homes. Mr. Rossi did not know if this was planned for the homes or not. Mr. Golden stated that the set back plan was approved and they would fit if requested. Mr. Lehnertz did not want the residents to be coming back for variances once the homes were purchased. Mr. Lehnertz moved to approve the request for an amended master plan to allow for a reductin of 13 units (from 70 to 57) and to replat a portion of Plat No. 6 to replace 56 townhouse units with 33 single-family zero lot line units for Boynton Lakes Plate 6. Motion was seconded by Mr. Richter and carried 7-0. 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 2. Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Lakes Plat No. 6A Enrico Rossi, P.E. Rossi and Malavasi, Engineers, Inc. Lennar Homes, Inc. South side of Hypoluxo Road, east of North Congress Avenue Plat No. 6-A, Boynton Lakes (PUD) Section 8, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, being a replat of a portion of Boynton Lakes, Plat No. 6 (PUD) as recorded in Plat Book 52, Pages 109 through 112 of the Public Records of Palm Beach County, Florida. Request for approval of the construction plans and preliminary plat which provide for the construction of infrastructure improvements and landscaping to serve 33 single-family zero lot line units in connection with a replat of a portion of Plat No. 6. See discussion on Boynton Lakes Plat No. 6. Staff comments are as follows: Building Department See Addendum "G" attached to the original copy of these minutes in the Office of the City Clerk. Utilities Department See Addendum "H" attached to the original copy of these minutes in the Office of the City Clerk. Forester/Horticulturist The applicant should provide a landscape buffer along both road rights-of-way which visually screen the adjacent properties. Fifty percent of tree species shown should be native. The type of irrigation system used for the landscaped areas should be shown on the plan. - 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Motion Mr. Richter moved to approve the construction plans and pre- liminary plat which provide for the construction of infrastructure improvements and landscaping to serve 33 single-family zero lot line units in connection with a replat of a portion of Plat No. 6 subject to all staff com- ments. Motion was seconded by Mr. Lehnertz and carried 7-0. C. SITE PLANS NEW SITE PLANS Project Name: Agent: Owner: Location: Legal Description: Ben Franklin at Causeway Square Shopping Center Michael Timmons/John Maguire E&H Properties, Inc. Boynton Beach Associates South Federal Highway at Woolbright Road, southeast corner. See Addendum "I" attached to the original copy of these minutes in the Office of the City Clerk. See discussion on page 14 of these minutes. Staff comments are as follows: Building Department See Addendum "J" attached to the original copy of these minutes in the Office of the City Clerk. Engineering Department - Tom Clark Lighting is required on the east side of "K-Mart" (complete plans with all details, including wiring). The design criteria for velocity and/or detention time for the sand/grease traps on the draingage systems should be provided. A statement from the owner is requested that would provide a time frame and procedure for the removal of the grease and sand from the sand/grease traps. Reference is made to Bill Flushing's letter of December 1, 1988. - 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Engineering Department - Bill Flushinq Handicap parking stall striping to be blue. Wheel stops do not have to be installed on every row. A wheel stop detail is required. A Water Management approval document for the Pollution Abatement Structure should be provided. Utilities Department Indicate the point of connection for the on-site irrigation system to the potable water system. Also provide a detail showing the location and installation of an appropriate vacuum breaker. An atmospheric vacuum breaker may be used in accordance with manufacturer's specifications. This site is being allowed to use potable water for irriga- tion due to its proximity to the Intracoastal Wateway, and also to a groundwater monitoring well on the west side of U.S. 1, which Mrs. Weiner did not wish to impact with a new irrigation withdrawal. The engineer should provide calculations indicating the cri- tical max~mum velocity for flows through both pollution aba- tement structures. Said velocity will determine the amounts of solids, floatables, oils and greaes trapped by the struc- tures. Add to enlarge the access hatch over the initial chamber in the pollution abatement structures so as to allow inspection and cleaning. Planning Department See Addendum "K-i" and "K-2" attached to the original copy of these minutes in the Office of the City Clerk. Motion Vice Chairman Blanchette moved to approve the request for site plan approval to allow for an elevation change to the vacant supermarket and a change in parking lot layout and design for Ben Franklin at Causeway Square Shopping Center subject to staff comments. Motion was seconded by Mrs. Huckle and carried 7-0. - 27 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 2. Project Name: Agent: Owner: Location: Legal Description: Description: Quantum Park Master Landscape Plan Adolfo J. Cotilla, Jr. ACAI Associates, Inc. Quantum Associates West of Interstate 95, between Miner Road extended and the Boynton (C-16) Canal. Quantum Park at Boynton Beach, Lots 6A and 16A and Lakes 1 and 2 Request for site plan approval to construct piers and decks within the common area lakes. Miss Heyden stated this was a request to construct four wooden piers in the common area, and to construct piers in the two lakes. She presented colored elevations for the Board member to review. The TRB recommended approval sub- ject to the Planning Department comments as follows: Planning Department Ail amenities must be accessible to the handicapped. IndiCate on the plans whether a change in elevation occurs between the pedestrian path and the wood decks. The location of all drainage structures must be indicated on the plans. A portion of one of the deck structures is located on Lot 16-A, a private lot (sheet SP-2, 3 of 7). Provisions must be made for the perpetual maintenance of this structure by the Quantum Park Property Owners Association. A separate building permit will be issued for the portion of the building on the private lot. Adolfo J. Cotilla, Jr., ACAI Associates, Inc. was present and stated that he agreed with the staff comments. Motion Dr. Jackier moved to approve the request for site plan approval to construct piers and decks within the common area lakes at Quantum Park subject to staff comments. Motion was seconded by Mrs. Huckle and carried 7-0. SITE PLAN MODIFICATIONS 3. Project Name: Agent: Quantum Office Park Adolfo J. Cotilla, Jr. ACAI Associates, Inc. 28 - MINUTES - PLAN~ING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Location: Legal Description: Description: West of Interstate 95, between Miner Road extended and the Boynton (C-16) Canal. Lot 5 of the Plat of Quantum Park of Boynton Beach, Plat Number 2, as recorded in Plat Book 57, Pages 184-185 of the Public Record of Palm Beach County, Florida, together with a portion of Tract"H", a drainage easement, in said Plat, said portion being designated as 5-A and Lot 4 of said Plat of Quantum Park of Boynton Beach, Plat Number 2 together with a portion of said Tract "H", said portion being designated as 4-B and together with that portion of the Lake Worth Drainage District Canal E-4, a drainage easement as said drainage easement is shown on said Plat, said portion being designated as 4~A. Request for approval of an amended site plan to add a coversd pier at the rear of building ~2 and a change in parking lot layout and design. Miss Meyden stated the original site plan was approved in June, 1988. This request is to modify the site plan to allow addition of a covered pier at the rear of building 2 and a change in the parking lot layout and design. There will be a loss of 3 parking spaces and relocation of some parking spaces in the vicinity. The addition of a deck structure is requested, as well as some decorative paving in front of each building. The changes will result in the need for minor landscaping and irrigation plans. Colors are com- patible with those previously approved. The TRB recommended approval subject to staff comments as follows: Building Department Ail decks must be accessible to the handicapped. Police Department No comments submitted as they were addressed by the Planning Department. - 29 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Engineering Department Sheet S.P. 2 was not provided. Planning Department Future site plan approval for building signage, and direc- tional and diretory signs is still required as a condition of the original site plan approval. This condition was imposed due to tenant uncertainty and approval of the site plan before the overall Quantum Park signage program was approved making determination of conformance with the sign program impossible. It was also realized that signs for individual lots would be reviewed during site plan approval based upon the sign program criteria approved. To further support the need for a future site plan approval for signage, the signage locations approved with the origi- nal site plan were not shown on the drawings submitted and appear to conflict with the proposed entrance and pavement changes. Provide lighting plan (sheet SP-2) for parking lot including lighting on and around all buildings. Adolfo Cotilla stated that he agreed with staff comments. In answer to a question by Vice Chairman Blanchette, Mr. Cotilla stated that Quantum Park would not be enclosed by a fence but open to the public. Mr. Aguila had looked at the site plan and was concerned with the parking layout. He went to the Planning Department to look at the plans. At this time he identified several problem areas. He wanted to know what the changes were being proposed. Mr. Cotilla stated this was necessary as Building 2 was being built as Phase I. Either site plan was acceptable, but he felt that a more direct approach would be allowed with the second plan. Mr. Aguila quoted from the regulations. He did not find this to be an orderly layout. He visited the site and did not understand the design. He saw much congestion in a small area. George Zimmerman came forward to represent Quantum and stated that there are 3 buildings. To have one access drive would cause cross traffic to at least one of them. The new drive would allow traffic to travel directly to Building 2. He did not see how the original plan could be more desirable. There was further discussion regarding traffic circulation. Vice Chairman Blanchette felt that even at the worst time of the day it would be nothing like the problem at Boynton Beach Mall. - 30 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 Mrs. Huckle moved to approve the request for approval of an amended site plan to add a covered pier at the rear of Building 2 and a change in parking lot layout and design at Quantum Office Park subject to staff comments. Motion was seconded by Dr. Jackier and carried 7-0. 4. Project Name: Agent: Owner: Location: Legal Description: Description: Bertoli's Restaurant at Oakwood Square Shopping Center Burt Rapaport Ga=y Crane North Congress Avenue at Old Boynton Road, southeast corner Township 45 south, Range 43 east, Section 20, Block 324, Lot 0570 - the west 250 feet of Lots 57 and 58 Request for approval of an amended site plan to allow for elevation changes. Mr. Golden stated that Mr. Rapaport was requesting approval of an amended site plan to allow for as built elevation changes. The TRB stated that they find the as built eleva- tion changes inconsistent with the shopping center color scheme. Mr. Golden pointed to a color chart and indicated the colors used for Bertoli's. M~s. Buckle asked why the Community Appearance Board had not been requested to review this application. Mr. Annunziatoiexplained that the P&Z Board must review any site plan amendments, but in this case he acknowledged that the CAB would probably be responsive to color changes. The CAB would review the plans at their next meeting. Mr. Annunziato stated that the applicant is in violation of the City Code at !this time, and this request is an attempt to make their bu!ii~ing iegal. The building could be repainted to match those requi~ed for the Center. Mr. Aguila felt that this buildingi was not worse than Perkins. Mrs. Huckle asked if the CAB ~PPr~ved the color Of Perkins, and Mrs. Wishe from the CAB %~a~s p~esented and answered affirmatively. Burr Rapaport, agent for Bertoli's Restaurant was present and passed some photographs of the restaurant as well as other buildings in Oakwood Square. He further explained that the red and white checkered design was part of their logo and part of their identify. Vice Chairman Blanchette stated that the food was very good, but he did not like the color of the building. Mr. Lehnertz stated that the color scheme for the whole center was atro- - 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 13, 1988 cious. He felt that the Board should be careful to include the outpa~cels when approving a color scheme for a shopping center. He did not like to have some do something and then come in to obtain approval for what he had done. Mr. Rapaport stated that he had checked with the Building Department before changing the color. He was told that he did not need a permit, but when he repainted the building he found he was in violation. Mr. Annunziato stated that Mr. Rapaport had asked the wrong question when he called the Building Department. Mr. Rapaport did not want to lose their identification. He felt that the restaurant would be hard to locate if the color did no~ stand out. Mr. Aguila stated that he had been by the site and he felt the sign was adequate identification for the business. Mrs. Huckle moved to deny the request for approval of an amended site plan to allow for elevation changes for Bertoli's Restaurant at Oakwood Square Shopping Center. Vice Chairman Blanchette seconded the motion which carried 7-0. COMMENTS BY MEMBERS Mr. Aguila commented that he still had a problem with the quality and size of the drawings he was being provided. He had tried to go by the Planning Department to review the drawings, but this was not working out well. He preferred a set for his own use. There was some discussion and it was decided that a set of plans could be provided for Mr. Aguila along with his agenda packet each month. The other members were not as concerned and did not request a set for their use in evaluating a request. Mr. Richter felt that Mr. Aguila's careful review of the plans could be of value to the P&Z Board as well. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:40 P. M. Peggy Cr essman Recording Secretary (Three Tapes)~ - 32 - MEMOR',]. NDUIM 8 Dec:emmet ].988 FROM R E:; Planning and Zoniqg Board PI ann:i, rig Director R~_vie~,¢ of F'roposed Communit,, · {:of Cor~sist. enc:y with Adopted Rede,:/eloc)ment F'I an Comoreher'~si ye F'! The C~,ty Commission, act:Lng a~ the Community Redevelopmen~ Agency,, zs currently considerin~ a communi'~y redeve].ommen'~: elan 'sne area bounded by 'bhe F~EC ~racks on ths, eas%=, the Beynton Canal ~i"~e north~, Interstate 95 or the wes'c, and Ocean Avenue en the ~outh. Accordin~ bo Chapter 163 part (3) o¥ Florida Sta~u'bes (see attached copy) th~ !.eta]. ~].anning agency (the P!annir~g anu Zoning Beard) is recommendatioms 'La the Communit. y F::mdeve!opment Agency a~ 'co com~(]rmi~.y with the Cit'-"s Comprehens~.ve Plan_ There are a hr_trailer o',r- amendr.,ents te %he Future Land Use Plan wi]ich would ~e necesear¥ in order %c, implemen% the proposed redevelopment plan. These amendments have r)een described in the attached ].ist and are shown on the a~tached map. There are numerous other policies zn ~he adopted Comprehenszve Plan (the 1986 Evaluation and Appraisal Report) which may nave ~earin9 on the proposed redevelopment plan. Whether the proposed redevelopmen~ plan would con.~lict with 'bhese police, es is more epen to in~erpreta~ion~ however, the P!annin~ Department ha~ examined these policies~ which are listed below along with the page ~r', the EvaIuatiof and Appr'a~sal Report. arid has ~ouf~c~ t. ha~: the preposed redevelopment elan ~.s ar~luab].y consistent with ali o~ 'Lhese po~icies~ t-h0using Element goals and objectives ......................... page 13 Criteria ¢or public-ase~sted housing s~te se].ect.:i, on ............................................... mages 33-34 (]:t is antics, pared tha'L som.~ o~ ~:ne proposed sit. es -~:or mu!ti~le--.~am:i.].y housing ma'.~ be Ltseo ~r)r oub!ic--ass:~st, ed house, rig) ..pages 37-44 Neighbc, rhood poli.cies/aet, iene .~.er Sub Al'"e~ 2--A ...................................................... oages 6.3.,--69 page ~ "3 Reeidentia] !an~ use Policies ........... pages 112-113 .......................... pages 113--1!4 ......................... page I20 ~=a ,.,4 rec~-~mmendzxtions ~;acrest Blvd.) .................................. ........... pages lc, 0-1~.,1 If 'Lhm Board determines thai: there are ~.nconsis~.encies between {:he proposed remevelopment plan and t. he adoo~.ed Commrehensive Plan (the ~" :' ' '~ uwo options~ Ei'ther the Board can r-e[:~m~tend that,,the. redevelepmen~ plan be changed te coap~y with th~ Cor~prehensive Flan, or, the Board Ear] recommend that the Compref~ensive Plac be amended so ~.s te azceT~eda't}~ the redevelooment plan. Fer amendmen'bs b.o the FLtf:Ltr~e Land Use F.,an.-'" the Boar0 may wzsh to make a · par~..c~.,].~r land ..tse amendments which the Board moes no'u ~a¢or. W:['bh regaro Lo policies con'.ained in the text o~~ the P' ~, p Re'Pert,. the ......... r'e~ard!n~ tine cons~.stenc~ e~ tine proposed redeve].opmerit plan witln INCONSISTENCIES BE[TW[CEN F'UTURE -AND USE PLAh AND ROFO;=E:.D []OMMUNITY REDEVELOPMEN-f' F L. Ah~ I"zg,, 17 & p ,, V-].5. Locat i on CLU' '"er-~t Land Uee Cat~gor"y on FL(tLtre L_anc Use F'lan North side Ocean Ave, High Density bet. ween N.E. 1st St. Residential and N,,E. 3rd St. ~map 2etter A) Land Use Category in Prodosed Community Redevelopmen% Plan Local Retail Commercial Fig. 1'7 8< 18; p p, V-. 1 1 ~ V-.- ]. 2, V-.- I (9 ~, V-19; Poli cy I. t om p. IV.-9. ~'Wh en these East side Seacres'r_' Medium Oensit. v Blvd,, between E~oyntor~ Residential Beach Blvd,, aha N,,E, 4th Avenue ~map letter (9) LocaZ Retail Commer c:i a!~ Pig. I7,:.~° East sidE, c, eac" ....... ~--,.=d..¢- Med:i. um Densi ,_y'"' High Density - c,s.n ......... Residential* o. V-13. N~E. 4. tln Ave. and F,I.E 5th Street (map letter C) Poi i c:v 'T,, 3 F'r'oposed mi ni--.par-i< on p,, IV.-8., s:i. te at N.E,, 6th Ave ancl N.,E. 1st Street (mae letter D) Medi._tm Density Resident~ a! Retreat i on* lresidential ~ ~ re?;idential F.~ ~ uses, including park and recreati3n Yacilities are allowed zonir'~g distric:ts,~ there~:ore, it i.s~ arguable that the existing % lots on east sicle Loc:a] Reta:,.1 o-f N E. 3rd Street, Cemmercia] north o~ N,,E,, 9th Ave ~map letter E) Medium Density Residential Fig. 17 ~ Promosed Park 18; i ,'~ Lanehar'ts pm. V-.3 & Subdivision V-9; (ma~ le'tter F) PoIlcv 3~ ]. 18: F<i ght-o¥ -Way ~)o. V.-3 ~ (map !artec G) V-9; Policy 3.2 Medium Dansitv Resi denti al Recreation* Fig. 17 & Wilson Park 18; Expansion pp. V-9; (mae latter' Policy 2,,2 on p. IV.-8~, H ) Medium Dec, si Residential '~ark ano recreation .~acilities ara alleweO in .; --~ ' - residential woulo allow recreat, ic]n ~nd open spa<:e. ~ecr eat i on~ res~ dent. i al zoning ].and uae including distri cts~ Fiq. 17 ,:% F'uture Poinczana L. ow =~nd Medium mub!ic an~ Private 1~,, Elementary School Density ,' ~- Expansion Residential Governmental/ PP~ v-'-' ' Tnstit. u't i anal Policy t.i <map letter' I) - .....F'ig,, 17 & Sa"a Simms Park 18; E%' oanai on pp V-3 ~ ~map letter J) ~ { u,~..~ 2.]. on ' - p ~ I V-8. Residential · ~- As these parcels are acquired Yet aark ~'-= Dark and recreatian ~acilities ara al].owad in there+ore it .'- arguab],a that the exist, lng resiOec~tial R~creation* Governmental LSeS~ including residential zoning distt letS, land uae category would .] ag e 2 ADDENDUM "A-4" 1'7 ~, West ~:i. de o-F S~acres~ Local Retail BI. vd. ~ north off Commerce. al V...-1].. N.~I,, 3rd Ave~ (map letter L) ,] ~ic 17 ,.e..~ Boynton Beach Blvd., L. oca~ Retail o ~= Seacrest Blvd. pp,, V-t7 ,~ I-'.~.~ and V-1E. (map 3. ether High Demsity Residential M~edium and High Density Residential O~-~ice Commer c i al Poi i c y I ,, 3 S.W. corner Bo'ynton Low Density: on ?~ IV-° Bcvnton Beac_h Blvd~ P-,-_ide~tiai (map letter N) F:'O].:LCy i.~ Al?. resident:i, al lap, d ' o,'1 iD,, I V~..~ C L~eE~ c,]~te[~o~~;. Local ~e~a~] Allowin~ density waivers when necessary to produse new housing in the area. F:'] annzng Departmen'~. 12/88 page 3 i~DI~NDUM i%-5" 1987_ F.S. 1987 INTERGOVERNMENTAL PROGRAMS Ch. 163 f not ,,....~f the ~e, 'of the i~r)y time .= ~t~eff to : oun- and liabil- ~a~ ~ the The this has f or'other effective and and (2) The power to grant final approval to community edeveiapment plans a~d modifications thereof, (3) The power to authorize the issuance of revenue bo~ds as set l'orth in s,~'-~ 163.385. (4) The p0wer-to aPProve, the acquisition, demoli- lion removal, ob dispOS?l of prope[ty a~ provided in ~s. 163;370(3)~and;the POwer to assume the responsibility to bear loss ~s:!provided in ts., 163.370(3). dent or a combination ianning federal- any; land to be pre- the commu- ity re- agency may ency shall recom- I body sub- notice circulation in the area of operation of the county or mu- nicipality. The notice shall describe the-time, date, place and purpose of the hearing, identify, generally the community redevelopment area covered by the plan, and out ne the general scope of the community redevel- opment pl8n under consideration. (6) Following such headng, the governing body may approve the community redevelopment and the plan therefor i[it finds that: (a) A feasible method exists for the Iocatiea of fami- lies who wUI be displaced fr°m the community redeveP opment area in decent safe and sanitary dwelling ac- commodations within their means and without undue hardship to such families; (b) Tl~e c~mmunity redevelopment plan conforms to thegenere! plan of the county.or municipality as a whole; (c) The community redevelopment plan gives due consideration.to the prov sion of adequate park and rec- reational ai;eas and ~acilitias that'm~y be desirable for neighborhood improvement, wi~h special consideration or the hea thC safety, and we fare cf children residing in the genera vicinity of the site covered by the plans; and (d) Tl~e'community redevelopment plan will afford makimqm opportunity,,consistent with the sound needs for the rehabitb community redevelop- (7) ~ consists of affordable to resi- I the elderly, I a~ccemmodations has in the area or the public for residential program e developed for non- ~nd ap- t and develop- plan- govem- because of: title or diver- ~ alienability of b, ~ delb3qu~ncY;, ~p~oper eubdivisiens ,~u~od~(~ stc~t patterns; e. ~iorationo, f site; o. On~-u t~t::)l~ topography or faulty lot layouts; All the6 part of Section 33, Township 45 South, Range 43 East, Palm Beach . County, Florida, lying west o~ the West line of Rousseau's Subdivision as' recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; east of the east right-of-way line of U.S.Hfghway No. 1, and Nort~ of the westerly 'extension of the South line of Lot 2 of said Rousseau's ~-~ Subdivision~ except the northerly 50 feet thereof taken for S.E. 15th Aven~ .AND A~SO all that part of Lots i and 2 of Rousseau's Subdivision as recorde · i~ in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; except~ that._, part taken for S.E. 15th Avenue; and more particularly describe EG±N~ING a.t a point ~n the West line of said Lot .1, distant 50 feet South of the Nortnwest corner thereof; thence N 89 - 41' 13' Ea-~ ~ . - ' - ~ a±ong a line parallel w~th and 50 feet South of the North I/ne of said Lot 1, a distance of 83.00 feet to a point Said line also being the South right-of-way line o S~E. 15th Ayenue; thence S. 85 32' - 58" E., also along the'South right- of-".'av line of said S. E._]5~-AvenucT~.a distance of 320.74 feet to a point the- -2 - , _ ,,.~r~'<~.-~'~ · ': - - - ..... S. O0 18 47~-~.-~%.d~sn~nce-.oz.n105~O0 feet to a nn{~ == ~22 42 7.4~ E., a~p_~a~.~.?~.~feD~k~6ja point; thence S 00-18' ~- ~., a ~lsnance o~SO~-fe~'5~=~y~ine~:~ce N 8s ~' ~,, ~ dzs~ance or 21.07 feet[.~o.~ .~tr.~ce--g 00-~m--~Q, ~w .... · 298.00 feet, more or~es~ ~%~i'~s&~n~~ .. ~ ~ . . nce o_ llne or the Intracom~a~ Wat~a~ thence. S-~7= .... 7-~ - ~" w - ' wes.erly r~gnt-o~L~j~%]lln~o~%t~ 4~trac~sfa~:~aterwav a di~n~ ~ o= fee~ to a point; thence S~ J~l' .-$~3" ,N~ ~ ..... = ~ ..... point; thence S. 07 ~7' ~%KQ~N' ~=~ ~k'r~?~['~-u= ~zm.uu feet to a ..... ~.~ .... - ........... esterl ri hr- - way of sa~d Intracoa~l Wa~'~'~&:N~ -~B~ ~ ~ y g of . . ~ ~ .~ a oln the South %1ne of s~Lot ~~3S-~89 ~- ~,-~_ ~- .. ~ . .. . :, ...... ~ ,~..~ ~ =~ ~o --- ,along said ne of ~ - ........... ~ ~ 11 ___ OU z anG une exuenslo~w~ter!~r~of, a ~gtance of 669.33 feet m ..... . 1, a distance of 225.0~~q..~:.~C. of a curve to the left ...... to the West, having a radius bf~29t4~-~]'=-~t and a cenhr'al an-~ ~ %~ ....... 55' - 10"; thence Northerly alon~ the arc of sa:= - - - 0%= o~ uo - ~u =urve, a GlSt~ce of 199.40 feet, to the P.T. of said curve; thence continuing along the East riuht-of-way line of said U.S. High~-ay No. 1 N. 01 02' 15" E. a =:~ ~.'of-27 09 feet to a o nt; - 43' !5 E., a distance of 150.00 . =oi thence N. 89 " fen~.. to a .point; thence N. 0i 02' - 15" E., along a line parallel with th~ East right-of-way of said U. S. Higk'~'ay No. 1, a distance of 150.00 feet to - a poir.% on the South right-of-way line of said S. E. 15th Avenue; thence N. 89 43' 15" E., along the said Sc~th righfi-of-~ay line of S.E. 15tk Aven~ a distance of 170.15 feet to the POINT OF BEGI~ING and containing 9 89 act( of lanf, mere or less. ' ADDENDUM MEMORANDUM TO: FROM: RE: November 7, 1988 CHAIRbL~N AND 5TEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO pLANNING DIRECTOR CAUSEWAY SQUARE SHOPPING CENTER pARKING LOT VARIANCE Section 5L145(c1(4) of the Code of ordinances requires tha~ when a variance to Section 5, Article X, Parking Lots is requested, the TechniCal Review Board must forward to the Planning and Zoning Board a recommendation, a~d that the recommendation forwarded is to be made a part of the pub%i~ hear~ ~r~ce~dings. To that end, this memo is forwarded, consistent with - 45(c)[4). Michael ~immons, agent for E&H Properties, ~nc., has requested two vari~desfor the continuation of existing driveways at causeway SqUare Shopping Center which is located at the southeast corner of Sou=h Federal Highway and Woolbright Road. These requests are as follows: 1. A variance to Section 5-142(h)(3) Driveways, of the Parking Lot Regulations which requires, among ~ther things, that no parking lot driveway may be constructed closer than 180 feetfrom the intersection of the rights-of-way lines along arterial roads. 2. A variance to Section 5-142[h)(7) Driveways, of the Parking Lot Regulations which requires that no more than two (2) driveways shall be permitted from any proper=y. , The abo~e variances have been submitted with a requestfor site plan approval ~o reconstruct the existing parking lot in conn~ct~o~wiuk an elevation change to the Vacant s~permarket ~o accommo6~te a new tenant (Ben Franklin's). Currently, three driveways exist onto south Federa~ Highway. I~ addition, one of the three driveways onto South Federal Highway (the northern-most) is within lS0 feet of the intermeeting rights-Of-way lines of South Federal Highwayand Woolbright Road. Also, one of th~ two existlng driveways onto Woolbright Road (the westernvmost) is w~thin 180 feet of the same intersection. For an explanation of the code requirement, the nature of the variance requested, and the variance justification, please refer to the attached Notice of public Hearing and application. On Tuesday, November 1, 1988, the Technical Review Board (TRB) met to review the plans and documenus submitted, and to formulate a ~ecommend~tion ~i~ regard uo~e~v~ar~eacn~_~ded approval~of the variances as submitted. ~he basis for this recommendation is as follows: (1) the applicant has agreed ~o make one of the three existing driveways onto FederalHighway (the southern-most) a one-way, exit only drive; (2) the -2- driveway onto Woolbright Road which is within [80 feet of the F~de~al Highway Woolbright Road intersection is currently ~sed to a~cess the platted outparcel at the southeas~ corner of this intersection (car~eret Bank) and & cross access agreement exists the shopping center and the bank; and (3) the between o{ traffic accidents in thevicinity does not indicate history that the current driveway design a~ the shopping center has significantly contributed to ~eese accidents- CSA:ro cc Technical Review Board Central File CAP~4EN S. ANNUNZIATO ADDENDUM "C-2" MEMORANDUM December 7, 1988 TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato Planning Director RE: Causeway Square Shopping Center Parking Lot Variance (Drainage) Section 5-145(c)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Boardmust forward the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to ~e made a part.of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-145(c)(4). Michael Timmons, agent for E & H Properties, Inc., has requested a variance to Section 5-142(f) "Drainage" of the Parking Lot Regulations, which requires that stormwater be retained on-site at a capacity of not less than two and one'kalf inches of rainfall in one hour. In this instance, the applicant is requesting that the existing stormwater discharge into the IntracoastaI Waterway be allowed to continue. The shopping center in question is located at the southeast corner of South Federal Highway and Woolbright Road. For an explanationof the code requirement, the nature of th~ variance, requested and the variance justification, please refer to the attached Notice of Public Hearing and application. On Tuesday, December 6, 1988 the Technical Revzew Board (TRB) met to review the plans and documents submitted and to formulate a recommendation with regard to the variance requested. After reviewand discussion, the TRB recommended approval of the variance request subject to the following: 1) Construction of the pollution control devices proposed by the project engineer at the two storm water outfalls into the Intracoastal Waterway. 2) Submittal of a management plan for maintenance of the pollution control devices to the City Engineering Depar~men=. The above recommendation was made based on the TP~B finding that to repave the entire site and install new drainage facilities would create an unreasonable hardship for the applicant. CARME~ S. ~W~UNZIATO /csd cc: Technical Review Board Central File ADDENDL%{ "D" MEMORANDUM December 9, 1988 FROM: RE: CHAIRMAN AND MEMBERS pLANNING AND ZONING BOARD CAi~MEN S. ANNUNZIATO, PLANNING DIRECTOE RUSTIC RETREAT RETIREMENT HOME R-3 EXPANSION (ADULT CONGREGATE LIVING FACILITY, AT 650 ANU 651 MANOR DRIVE - CONDITIONAL USE STAFF COMMENTS 1. It is unclear on the site plans (sheet A2 of 2 and whether the existing fencewill remain or a new fence will be added betweenthe rolling gate and the existing ,facility through the parking~ lgt. It is also unclear whether t~he existing fence between nhe southeast corner of the existing facility and 650 Manor Drive will remain or be removed. 2. The addresses Of the two (2) single-family homes where expan~ibn is To occur are ~ncorrectly identified on the site plan. The north home is 650 Manoz Drive; the south home is. 651 Manor Drive. 3. The new expansion is limited to eight (8) beds consistent with sec. 3.1.6.12 of the Comprehensive Plan Evaluation and Appraisal Report and should be licensed as such. With the twenty (20) beds in =he existing facility, the total allowable capacity would become 28 beds. 4. As a point of information, a total of ten (10) parking spaces is required foz the existing fa6iiity and expansion. With the restriping proposed, eleven (ll) parking spaces are provided. 5. Delineate on all sheets the pavement edge near the southwest corner of 650 Manor Drive, southeast corner of existing facility and northwest eo~er of 651 Manor Drive. 6. Dimenszon driveway widths and parkin~:~ta~ls within the existing parking lot and ailbuflding setbacks on site plan sheets A2 of 2 and P1 for future reference. 7. The following additional landscaping f~ recommended: a. around the front and sides of th~ingle-family homes, b. cohtinuation of the hedge eastward behind 650 Manor Drive, and c. landscaping added to the existing~ia%~ers within the parking lot. General maintenance of the' ~rassareas will. be needed around the single-family hom~s. 8. Indicate an energy efficient light sour,ce such as high pressure sodium or metal halide for proposed lighting system. CSA:ro cc Central File CARMEN S, ANNUN~ATO MEMORANDUM TO: From: Carmen Annunziato Planning Director Don Jaeger Site Development Building Department Date: Subject: November 2, 1988 PRELIMINARY PLAT APPROVAL - BOYNTON I~kKES PLAT 6A As a condition of preliminary plat approval, the following comments should be incorporated into the related documents by the applicant: Landscape plans must be submitted which detail the required buffer between the project and Hypoluxo Road and Boynton Lakes Boulevard in conformance with Boynton Beach subdivision regulations. 2. Maximum lot coverage allowable is forty-five (45) percent. 3. Roof overhangs are non permitted to encroach neighboring pro- perties. 4. The rear setback for lot 44, front setback for lot 21 and the side setback for lot 18 must be indicated on the appropriate plans. 5. The bui~able area on lot 33 is encroached by a proposed drainage easement. 6. Proposed signage must be approved by the City Commission. 7. South Florida Water Management and Lake Worth Drainage District approvals must be secured. 8. Street names and addresses must be approved by the city Fire, Police and Building Departments and the Post Office. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. Don Jaeger DJ:eaf cc:E.E.Howell ADDENDUM "G" ~f MEMORANDUM To: From: Date: Subject: Carmen Annunziato, Planning Director John A. Guidry, Director of Utilities November 2, 1988 TRB Review Boynton Lakes, Plat 6-A. Preliminary Plat We can approve this project subject to the following conditions: The 5-foot wide drainage and utility easement is too narrow to allow water services to be constructed within the ease- ment using the materials specified. Water meters are to be included in said easement, and shall non be co-located in easements with power lines for safety reasons. The easement should be enlarged to at least 8 feet. Relocate Manhole No. i of Line B westward, so as to avoid conflict w!th the proposed building. Resolve the conflict between the water main, catch basin and sanltary service at the junction of Lots 38 and 39 The water main abutting Lot 34 must be relocated at least 5 feet northward %o allow a 10-foot minimum distance to the building. Relocate trees as required. The gravity sewer from Manhole No. 1, Line A, to the exist- ing manhole must be centered in a 30-foot wide easement to allow excavation if necessary and prevent encroachment from future building structures. The building proposed for Lot 57 encroaches upon the drain- age easement crossing that site· Make sample point No. 2 a permanent sample point, installed to finished grade. dmt bo: Peter Mazzelta ADDENDUM "H" DESCRIPTION (A5 FURIqI~t-IE.D 15¥ CLIENT): All that part of Section 33, Township 45 South, Range 43 East, Palm Beach County, Florida, lying West of the West line of Rousseau's Subdivision as recorded in Plat Book 1, Page 14, Public Records of Palm Beach County, Florida; East of an East Ri hr-of-Way tine of U.S. Highway No. ], and North of the westerly extension of the sou~h line of Lot 2, of said Rousseau's SubdiviSion except the Northerly 50 feet thereof taken for S.E. 15th Avenue, and also, all- that part of Lots 1 and 2 of in Plat Book 1, Page 14, taken for S.E. 15th Avenue, and follows: Florida, except that part more particularly described as at a point in the West line of said Lot 1, distant 50 ~th of the Northwest corner thereof; thence North 89o41'13'' East along a line parallel with and 50 feet South of t.he North line of said Lot 1, a distance of 83.00 feet to a point; said line also being the South Right-of-Way line of S.E. 15th Avenue; thence South 85o32'58'' East, also along the South Right-of-Way line of said S.E. 15th Avenue, s distance of 320.74 leet to a point; thence South 00o18'47" East,. a distance of 05.00 feet to a point; thence South 72°42'45" East a distance of / 30.79 feet to a poist; thence South 00o18'47" East a distance of 50,00 feet to a point; thence North 89°41'13'' East a distance of 21.07 feet to a point; thence South 00o]8'47" East a distance of 298.00 feet, more or less, to an intersection with the Westerly Right-of-Way line of the' Intracoastal Waterway; thence South 07o07!50'' West along said Westerly Right-of-Way line of the Intracoastal Waterway, a distance of 35.98 feet to ~ point; thence South ~9°41'13'' West. a distance of ]25.00 feet to a point; thence South 07o07'50'' West and parallel 'with the Westerly Right-of-Way of aaid Int~acoastal Waterway, a distance of 80.00 feet to a point on the South line of said Lot 2; thence South 89o41'13" West along said South line of Lot 2 and the extension .Westerly thereof, a distance of 669.33 feet, more or less, to a point on the East Right-of-Way line of U.S. Highway No. 1 thence NOrth 04o57'25'' East alomg the East Right-of-Way line of U.S. Highway No. ], a distance of 225.03 feet to the P. C. of a curve to the left, concave to the West, having a radius of 2914.93 feet and a central angle of 03°55'10"; thence Northerly along the arc 6f said cu::ve a distance of 199.40 feet to the ?. T. of said curve; thence continuing along the East Right-of-Way line of said U.S. Highway No, 1, Nort~h 01°02'15'' East, a distance .of 27.09 feet to a point; thence North 89°43'15'' East ~ dista~ce of 150.00 feet to a point; thence North 01°02'15'' East along ~ line parallel with the East Right-of-Way of said U.S. Highw~ay No. 1, a distance of 150.00 feet to a point on the South Right-of-Way of said S.E. ]Sth Avenue; thence North 89°43'15'' East along the said South Right-of-Way.line of S.E. 15th Avenue, a distance of 17~.15 feet =o the POINT OF BEGINNING. MEMORANDUM To: From: Carmen Annunziat o Planning Director Don Jaeger Site Development Building Department Date: Subject: December 7, 1988 SITE PLAN MODIFICATION CAUSEWAY SQUARE SHOPPING CT As a condition of site plan modification, the following comments should be incorporated into the related documents by the applicant: 1. Handicapped ramps must be provided at intervals of 100 feet. Designated loading zones must not encroach ramp locations. 2. A sign program must be submitted for the entiz-e shopping center for Board and City Commission review. Design windload for signage is 50 pounds per square foot. One hundred percent automatic sprinkler coverage is required for all landscape material. Accent hedges must be provided for the dumpster enclosures. The landscape buffer must con- tinue along the entire east property line. 4. South Florida Water Management District approval is required. 5. Curbing is required around all landscaped areas adjacent to parking stalls. o Building Department records indicate that permits were not secured for the LPG tanks on site. These tanks must be located and permitted in accordance with City Codes. 7. On site storage must be adequately screened. 8. Construction details must be provided for the dumpster enclosure. Lighting plans must be submitted for the parking areas to the south and east of the shopping center buildings. Light poles mush be designed to withstand a 120 mph windload in compliahhe with Chapter 12, Standard~ B~ilding Code. 10. Ail plans submitted for public record by a professional regis- tered in the State of Florida must be signed and sealed. 11. Ail areas of the parking lot must be dimensioned in confor- mance with the City of Boynton Beach Parking Lot Ordinance. 12. Repair of the seawall along the east property line must be addressed. The applicant's prompt compliance with the insure a timely permitting process. preceding comments will Don Ja~eg er~ ADDENDUM "J" dj:eaf MEMORANDUM December 7, 1988 TO: CHAIRMAN AND MEMBERS pLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: CAUSEWAY SQUARE SHOPPING CENTER (BEN FRANKLIN'S) SITE pLAN-STAFF COM~ENTS Please be advised cf the following Planning Department comments in connection with the above-referenced site plan request: 1. Dimension all landscaped islands~ This is needed to verify interior landscaping provided and to ensure proper construction in the fleld. 2. Dimension parallel parking spaces and show a typical striping detail. 'ntersection of parking lot and one-way drive onto 4. The main freestanding sign is nonconforming with teepee= to the new sign ordinance and must be made conforming within three (3) years of adoption of the new sign ordinance (July 5, 1988). 5. The access aisle east of the eas=ern-mosu northern entrance onto Woolbright is not dimensioned and appears to be less than the required 27 feet. Dimension this aisle and if necessary deleme uhe landscaped island sou=heast of the entrance. 6. Recheck number of parking spaces provided and modify date table on site plan and site plan application if necessary. 7. Specify width of landscaped strip along Federal Highway, no= minimum width required- 8. The driveway openings onto Woolbright Road have fallen into disrepair and will need to be reconstructed to mee= a minimUm 25 foot radius. Dimension plans accordingly. 9. No outside storage is permitted as is currently existing on site. 10. Show all existing gas tanks on site plan sheet. 11. Provide dimensions for the 2 1/2 foot required landscaped strips along each bearing change au the eastern property lines. 12. Delete parking space behind K-Mart (east side) that obstructs access =o existing standpipes. 13. Delete eastern-most parallel parking space and move the three (3) remaining parallel spaces eastward. The corner space as shown can not be used. ment eastward and dimension within 2 1/2 feet 14. from prsper~Y ~ine at bearing lntersectlon SOO 18 47 Extend pave . . . o ' "E and N89 41 13'E to provide necessary 27 foot backup. ..... ADDENDUM K-i' -- -2- 15. Dimension the following sccess aisles at the rear of the center: a) aisle adjacent ro parallel parking spaces, b) aisle where pavement will be extended (comment ~14), c) aisle east of garden area, d) aisle northeast of garden area. 16. Provide loading zone detail and dumpster enclosure detail. Dumps~ers must be screened on three (3) sides with a six .6) foot high CBS wall painted to match existing building color. Enclosure opening must be a minimum of ten (10) feet. 17. At the December 6, 1988 Tech~ica! Review Board meeting an agreement was reached by the applicant and the public Works Department to locate four [4) dumpsters on the site as follows: a) Behind Walgreens (southwest corner) - This enclosure will need to be angled and the loading zone shown in this area moved to the east. b) Behind retail building (southeast corner) - The loading zone shown in this area is not needed and should he deleted. c) The dumpster shown on the site plan at the southeasu corner cf the site to be moved further south near seawall. d) Northwest corner of garden area - This enclosure will need to be angled for a northwest approach and will involve losing the parking space shown in uhis location. 18. Repairs to pavemen= near seawall at southeast corner of the site are needed. Indicate this area on the plans and how this will be remedied. CSA:rO cc Technical Review Board Central File CARMEN S. ANNU~ZIATO