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Minutes 09-13-88MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 13, 1988 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Marilyn Huckle Daniel Richter Walter M. Trauger Gary Lehnertz, Alternate (Voted) Robert Wandelt ABSENT Martin Jackier (Excused) Carmen ~nunziato, Planning Director Jim Golden, Senior City Planner Tambri Heyden, 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 introduced the members of the Board, members of the Planning Department, the Recording Secretary, and acknowledged the following people who were present in the audience: Simon Ryder (past Chairman of the Planning & Zoning Board); Lee Wische and Virginia Foot from the Parks and Recreation Board; Sam Scheiner, former member of the Community Redevelopment Agency; and Owen Anderson, Executive Vice President of the Chamber of Commerce. APPROVAL OF MINUTES OF AUGUST 9, 1988 Mrs. Huckle noticed that in the last several months, the minutes have become more concise, which has merit. However, at the last meeting there was quite a discussion on McDonald's application for Catalina Centre property. A good bit of information went back and forth between the Chairman, Mrs. Huckle, and Mr. Annunziato about the dumpster location. A reference was made by the applicant about Marie Callendar having a similar situation. The Planning Depart- ment agreed that it was similar, with a couple of exceptions. After the discussion, the Board felt it was not a problem in spite of the fact that it was a staff comment that it was a problem. Mrs. Huckle ~elt the minutes should have reflected that the Board discussed it thoroughly and uncovered some information MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 that perhaps would have made a difference when the Commission saw the item. At the following meeting of the Commission, they were perplexed because they did not have much informa- tion about the dumpster and why the Planning and Zoning (P&Z) Board had recommended that the application be approved with all staff comments when there was apparently a glaring problem with the dumpster. Some Commissioners were not at the P~Z Board meeting because of other meetings. Mrs. Huckle felt the application was not adequately covered in the minutes and stated that Marie Callendar's restaurant did not even show up in the minutes. Chairman Walshak said the minutes are not verbatim. Unless the Board Specifically asks the Recording Secretary for ver- batim transcripts on particular applications, he thought the Board would always have that problem. Chairman Walshak thought the Board should make that a practice if they feel there is something the Commission should see. He called attention to the length of the meeting. Mrs. Huckle stated that this was a stumbling block for the developer, and the developer had brought it up. She agreed that the minutes should be concise but felt that was an item of great importance. Chairman Walshak thought it was his fault for not requesting the Recording Secretary to give a verbatim transcript of that, and he said he would watch for that in the future. Col. Trauger moved to accept the minutes as presented, seconded by Mr. Richter. Motion carried 4-0. Mr. Wandelt, Mr. Lehnertz, and Vice Chairman Blanchette abstained from voting as they were not present at the meeting. Chairman Walshak said the Members were voting on the minutes before them. If they had time to read the minutes, he felt there should be no reason for Members abstaining from voting on the minutes. ANNOUNCEMENTS None. COM~JNICATIONS None. OLD BUSINESS None. - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 OTHER Comprehensive Plan - Quality of Life in Existing Neighborhoods - Col. Walter "Marty" Trauger (Verbatim Transcript requested by Chairman Walshak) Col. Trauger commented that the City has had a problem in tbs last several years of new development and where. They all go west of the City because of a lack of suitable space within the corporate limits of Boynton Beach and the configuration which has been accepted as the boundary lines of Boynton Beach. If you take a drive and look through many of our neighbor- hoods such as Golfview Harbor, Chapel Hill, Mission Hill, and Forest Park, east of Seacrest, you will find many good buildable lots. Col. Trauger questioned why people do not build on them. He answered that it is cheaper to go out, strip trees, lay the land barren, and put in new houses and new streets with all of the expenses. Financial Incentive In talking to a good many builders in different cities over the summer and to real estate people in development, Col. Trauger reported that many cities have found another solu- tion, which he proposed for the City's comprehensive review. That was, "Why not build on interior lots in these neighbor- hoods~" Financial incentive is the main part. Col. Trauger asked, "Mow do you make financial incentives available to a builder or home owner who would like to buy the lot and then build?" He stated that there are several ways the City can do this. The infrastructure is primarily there. The City can forego or reduce the price of the hook up for sewage and the sewage fees. They can reduce the bills through the Building Department as far as the fees in the permitting process. Col. Trauger said other cities have found a very good incentive by the City reducing a portion of the taxes they would collect on property as a developed piece as differenti- ated against a vacant lot and foregoing this price over a period of five to ten years. Col. Trauger noted that the City has a lot of good building lots that can be developed as they build up neighborhoods - 3 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 throughout the City. The lots are not contiguous. In driving through the areas in support of this point, Col. Trauger counted 14 new houses being built in these various areas throughout the City now. He called four of the people who are building, and they are building a reduced price house from what they would have put in there initially to keep within the financial incentive. Raleigh, North Carolina and various other cities have investigated this financial incentive, and it is in the area of around $2,000 and $2,800 differential. When they come to the Comprehensive Plan, Col. Trauger wanted the City to consider, through the P&Z Board and the Commission, an incentive to build up the lots so they will not have to go out and annex all over. The people out there do not want to annex. Deteriorating Neighborhoods Col. Trauger wanted the Members of the Board and anyone else listening to take a good look and drive some night after 6:00 P. M. through Golfview Harbor, Chapel Hill~ Mission Hill, Forest Park, east of Seacrest toward the railroad track to the City boundary, Lake Ida Estates, and the places that belong to Boynton Beach. What they will find will be a growing number of boats, commercial vehicles, and mobile homes parked in the driveways. They should not be in the setbacks and should be put in garages. The persons having this equipment exercise their rights to put their property on their own property and violate the rights of their neighbors to the same rights. Col. Trauger stated that this starts a deterioration of neighborhoods which reduces the City's tax base. The lack of new development is the cause. Col. Trauger asked how you correct this, and he answered by intensive action of the City Commission, Codes Enforcement Board, and P&Z Board to enforce Code enforcement to keep the neighborhoods up and from deteriorating. Col. Trauger gave an example of a house three houses away from his that the bank took over four years ago. For the last five years, it has been reported to Codes Enforcement, cited, and nothing happens. A month ago, the neighbors got together, and an Attorney took the bank to Court. They were brought before the Codes Enforcement Board~ and the man from the bank said he didn't "give a damn about Boynton Beach." He was trying to get his money out of the house. He was told he would be paying Court costs and a fine. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Col. Trauger recalled when he was on the City Commission and started the Codes Enforcement Board many years ago, the first case they had was a house on North Seacrest, two houses above 22nd Street on the east side of the street. The house still has junk all over the yard. It was cited 10 to 11 years ago and has violations and liens against it, one right after the other, and the guy stands there and "thumbs his nose at the City." Col. Trauger was saying there are no teeth in Code Enforcement for action as far as liens or possession of property. In upgrading the neighborhoods under the Comprehensive Plan, Col. Trauger was looking for a method where they could get the City Commission intensely interested in day care centers and a few other minor things, and he wanted to get the Commission going on a part of Code Enforcement. The Code Enforcement Board, through the City Attorney, should get some teeth in liens and the confiscation of property. It is only through somebody's pocketbook that you can really get their attention. When you start with one neighborhood where a man is exer- cising his rights next to his neighbor, that whole area starts going down gradually. If you don't believe it, Col. Trauger said you should take a look on North Seacrest at the area called Rolling Green Ridge. Years ago, Arthur Godfrey called it the greatest retirement area in South Florida. For many years, it was great, but Col. Trauger said you should look at it today (the deterioration over a period of years that lack of enforcement and lack of interest by property owners caused). Col. Trauger did not want only way the City will get properties to benefit the pocketbooks. this to happen to our City. The people to take care of their neighborhood is through their Response by Mr. Annunziato Mr. Annunziato responded that the City is aware of the problems Col. Trauger mentioned. On a per capita basis, he thought the City had the largest Code Enforcement in force of any municipality in the County. Homesteaded property cannot be foreclosed upon on the basis of liens. Mr. Annunziato did not know what the City's policy would be to go on private property and remove a Code violation, if it was not a specific safety hazard. The City is spending a lot of money in the Code Enforcement area. It will be many - 5 - MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA SEPTEMBER 13, 1988 years before they can see a positive improvement. It is almost catch up, but Mr. Annunziato knew there has been a great effort fiscally and personnel wise in Code Enforcement. With respect to infill, Mr. Annunziato could not support Col. Trauger any more as he felt he was "right on" with his comments. The City has been aware of the opportunity for infill and has been averaging something like 75 houses a year being built on infill lots. Several large tracts of land remain unplatted, some with overseas ownership, where there does not seem to be the interest for development at this time. However, there are many platted lots which have not been developed. Last year, the Board, through the Zoning Code revisions it reviewed, relaxed the opportunity to build on non-conforming lots by reducing some of the requirements. Mr. Annunzlato commented that vacant lots do not help anybody. They turn out to be neighborhood dumps or become overgrown. It is better to have them developed than not developed. With respect to the nature of properties as they relate to lawns, etc., when this Board was sitting as the Local Planning Agency and the City Commission approved the '86 Plan, Mr. Annunziato recalled that several things were proposed to be declared nuisances, such as lack of turf cover on yards, overgrown yards, etc. The City is now at the staff level of review and preparation of Code revisions which will declare those kinds of things as nuisances, sub- ject to correction. Those documents should be going to the Community Appearance Board (CAB), P&Z Board and City Commission probably zn two months. Boyn~ton Beach is an older city, and these things are happening. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT Project Name: Agent: Owner: Location: Description: Kentucky Fried Chicken Siteworks Architects & Planners, Inc. Anthony Mannino East Boynton Beach Boulevard at N. E. 1st Street, northwest corner Request for the abandonment of a four- teen (14) foot wide unimproved service alley. - 6 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 PARKING LOT VARIANCE 2. Project Name: Agent: Owner: Location: Description: Kentucky Fried Chicken Siteworks Architects & Planners, Inc. Anthony Mannino East Boynton Beach Boulevard at N. E. 1st Street, northwest corner Request for a variance to Section 5-142(h) (3) "Driveways" of the Parking Lot Regulations CONDITIONAL USE 3. Project Name: Agent: Owner: Location: Description: Kentucky Fried Chicken Siteworks A~chitects & Planners, Inc. Anthony Mannino East Boynton Beach Boulevard at N. E. 1st Street, northwest corner Request for conditional use and site plan approval to construct a 2,357 square foot (50 seat) restaurant with drive-thru facilities on .56 acres By memo dated September 7, 1988, Mr. Annunziato recommended that this project be postponed and that the public hearings be continued. Vice Chairman Blanchette moved, seconded by Mrs. Huckle, that the public hearings for the abandonment, parking' lot variance, and the conditional use be continued until the October 11, 1988 meeting of the Board at 8:00 P. M. Motion carried 7-0. Mrs. Huckle pointed out, and Chairman Walshak announced that the public hearings will be held before the City Commission on October 18th at 7:00 P. M. or as soon there- after as the agenda permits. B. SUBDIVISIONS MASTER PLAN MODIFICATION 1. Project Name: Agent: Owner: Location: Stonehaven (Banyan Creek) William Morrow James D. Driscoll Stonehaven Homeowners Assoc., Inc. South side of West Boynton Beach Boule- vard, west of Congress Avenue - 7 - MINUTES - PLANNING & ZONING BOARD BOYIqTON BEACH, FLORIDA SEPTEMBER 13, 1988 Legal Description: Description: Stonehaven Plat No. i (P.U.D.), being a replat of Tracts 26, 27, 37, 38, and 39 and a portion of Tracts 6, 7, 8, 25, 40, 57, 58, 59 and 60, Palm Beach Farms Company Plat No. 8, as recorded in Plat Book 5, Page 73, Public Records of Palm Beach County, Florida, in Sec. 30, Twp. 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 reduction in the rear setback (from 15 feet to 8 feet) to permit the construction of screened porches with solid roofs Miss Heyden made a presentation, as outlined in the memo from Mr. Annunziato to City Manager Cheney, dated August 9, 1988. She indicated the lots that should not be allowed a reduction in the rear setbacks. James D. Driscoll, Chairman, Stonehavehaven Homeowners Association, Inc., Architectural and Landscape Review Board, 1796 Banyan Creek Circle North, came forward. Mrs. Huckle asked if some residents are proposing to have canvas type roofs. Mr. Driscoll replied that no one ever mentioned that. They took a survey of the Members of the Association no see what they were going to have. A couple were considering it. One man at the Technical Review Board (TRB) meeting said if canvas~ was going to be allowed, it would have to conform with what he thought was the 120 mile an hour wind standard. Mr. Driscoll recalled that the Association said if the City wanted to delete the canvass and just have metal, it would be all right° Vice Chairman Blanchette pointed out that the memo from Don Jaeger, Building Department, was specific on that. Chairman Walshak asked if there would be any objections from the applicant if the canvas roofs were left out. Mr. Driscoll answered, "None whatsoever." He brought that up at one of the Association meetings, and nobody seemed to be bothered with the fact. Mr. Driscoll stated that aluminum awnings would be fine. Mrs. Huckle thought it was a tall order to come up with the Standard Building Code for 120 m.p.h, winds on a canvas roof. Chairman Walshak asked Mr. Annunziato if it would be wrong for him to assume they could eliminate the canvas roofs. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 If they met the Southern Building Code, Mr. Annunziato did not think it would be appropriate. As a building issue, Mr. Annunziato said his answer would be "No." As an aesthetic issue, his answer was "Yes." Mr. Lehnertz had a problem with the request. After elaborating, he stated that he has consistently seen developers come in, give site plans, and particular setbacks. The Board has accepted the setbacks and invariably after the developers are long gone, the homeowners come in and ask that the setbacks be reduced. In this case, it was by 50% or thereabouts. Mr. Lehnertz felt if there was to be an eight foot setback, the eight foot setback should be put up front when the site plan is first approved adverse to amend- ing it. Be did not wish to punish the current homeowners but felt the Board should take a stronger look at what is going to happen and make this specific down the road when they run into more site plan approvals. Chairman Walshak thought if the Board started approving the rear setbacks at eight feet, people will be building porches and requesting 3 and 4 foot setbacks. He thought the Board should leave it the way it is and folks should come before the Board when they want to put on an addition or screened enclosure. They should then go before the Commission and let them rule on it. Vice Chairman Blanchette felt this was a screened room that could not be enclosed. He was informed by Mr. Golden that the minimum setback on a screened enclosure for a swimming pool is eight feet. Chairman Walshak reiterated his prior statements. Mr. Richter felt it was the citizens rights to come before this Board and the TRB and request these. Chairman Walshak agreed, but he thought Mr. Lehnertz wanted to see a perimeter set. Mr. Driscoll interjected that at the TRB meeting, it was mentioned that these things have been coming up. Stonehaven is an older PUD in the City, and the TRB is realizing that in the older PUDS maybe they did not look at the site plan as well as they have been looking at the newer PUD appli- cations. The TRB felt, in this instance, since Stonehaven is an older PUD and it was not looked at in that vein back then, some of the older PUDs should be allowed to have the setback changes. The TRB is now taking this into consider- ation with the newer site plans that are being brought in by Architects. - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Mr. Annunziato advised that the City Commission had ruled that they could find no substantial change. This will not go back to the Commission but will stop here. Mr. Annunziato informed Chairman Walshak that it works this way only for master plan amendments. The City Commission has to rule on the effect of the change relative to the zoning. The master plans are generally approved by the P&Z Board. It is a reverse situation relative to other kinds of set- backs. ChairmanWalshak asked Mr. Driscoll if he was familiar with all of the staff comments. Mr. Driscoll answered affirma- tively and agreed to the staff comments. Mr. Richter moved to approve the request, seconded by Vice Chairman Blanchette, subject to staff comments, as follows: Building Department In order for the Building Department to permit screened rooms with canvas roofs, these roofs must be engineered in compliance with Section 1205 of the Standard Building Code. Planning Department See "Addendum A" attached to the original copy of these minutes in the office of the City Clerk. Mrs. Huckle asked if the lots excepted from this should be delineated in the motion. Chairman Walshak did not think they should because they were a part of the staff comments. A vote was taken on the motion, and the motion carried 7-0. RECOGNITION OF CITY OFFICIALS Chairman Walshak recognized the presence of Mayor Marchese, Vice Mayor Hester, Commissioner Olenik, and Commissioner Weiner in the audience and congratulated Mayor Marchese and Commissioner Weiner (the new officials). PRELIMINARY PLATS 2. Project Name: Agent: Owner: Location: Boynton Lakes Plaza Maziar Keshavarz, P. e. Boynton Lakes Plaza Development Corp. South side of Hypoluxo Road, between North Congress Avenue and Boynton Lakes Boulevard - 10 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 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 the approval of the construction plans and preliminary plat which provides for the construction of a 133,712 square foot retail shopping center C. SITE PLANS Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Lakes Plaza Maziar Keshavarz, P. E. Boynton Lakes Plaza Development Corp. South side of Hypoluxo Road, between North Congress Avenue and Boynton Lakes Boulevard See "Addendum B" attached to the original copy of these minutes in the Office of the City Clerk Request for site plan and shared park- ing approval to construct a 133,712 square foot retail shopping center including an eight (8) screen (2,124 seat) cinema, a 27,850 square foot discount drug store, a 13,500 square foot junior anchor store and three (3) leased out parcels on 11.63 acres Miss Heyden made the presentation and elaborated on the comments contained in the memorandum dated September 7, 1988 to the Board. (See "Addendum D" attached to the original copy of these minutes in the Office of the City Clerk.) The TRB recommended approval, subject to staff comments. Maziar Keshavarz, P.E., President, Keshavarz & Associates, Inc., 3111 South Dixie Highway, Suite 140, West Palm Beach, FL 33405 appeared with Jed Downs and Lonnie Peterson, Architects, Cuhaci & Peterson Architects, Inc., Orlando. Mrs. Huckle noticed that the original figure for parking spaces had been scratched out and 751 had been substituted. 16 handicapped spaces had been added and they had a total of 777. Mrs. Huckle had a total of 767. Mr. Keshavarz replied that it must have been a mistake. He agreed with Miss Heyden that the total shown on the site plan was 777 and said there could have been an error on the application. Mr. - 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Annunziato stated that it was a scrivener's error, and he assured Mrs. Huckle that Miss Heyden had counted the parking spaces on the site. Miss Heyden explained that this was rejected by the TRB at last month's meeting, and it was redesigned. Mr. Lehnertz observed that Olive Garden and Kentucky Fried Chicken would be in two of the out parcels, and he inquired if the third out parcel would be the one in the middle, on the north. Mr. Keshavarz answered that it would be a convenience store. Mr. Lehnertz called attention to another parcel not owned by this applicant and stated that they were really talking about four parcels, and he explained. Chairman Walshak said the other piece of property would have to be addressed when someone comes in to develop it. Mr. Annunziato was also concerned about the number of out parcels and said they could begin to have a system of service on the major highways, where the shopping centers are shielded from the public by fast food restaurants, gasoline stations, etc. They seem to march down the highway, and he thought a visual blight was associated with that. Designs can be made of the shopping center to pick up the square footage, if that was the intent, without destroying the looks of the shopping center from the public point of view. Mr. Annunziato cited Oakwood Square as a center which has become unattractive because of the out parcels. As Mr. Annunziato looked at the elevations of this, it was clear to him that there was a high degree of visibility of shiny green. He thought there were more subtle ways to advertise than to bring to the eye of the public these shiny colors, and he gave Cross Creek as an example. Mr. Annunziato elaborated on aesthetics and said shiny colors impair the opportunity the Architect has to make the build- ing attractive. Chairman Walshak agreed, and expounded on aesthetics. He thought it was a matter for the CAB and City Commission to address. Chairman Walshak agreed about the out parcels but felt the P&Z Board could only do what the Code prescribes them to do, especially in light of the fact that the applications come through with the TRB's recommendation to approve the requests, subject to staff comments. If the Board wants to do something about it, he thought they should do it through the Comprehensive Plan. Chairman Walshak further commented and said if they wanted to recommend to the Commission that this be changed, they should do it properly and get it done. - 12 - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Mr. Lehnertz felt this Board had a larger scope to look at than the TRB, such as what it will look like in the long term, aesthetics, etc., and he explained. Otherwise, there was no reason to have the P&Z Board. Chairman Walshak pointed out that both the TRB and P&Z Board recommend, and he elaborated. Mr. Annunziato commented that the TRB has the responsibility to review plans as they relate to technical problems. The TRB reports to the P&Z Board that the project meets tech- nical requirements. The P&Z Board has broad authority to look at site plans and review them in the context of harmony with the City. He did not not think there was anything to prevent the P&Z from suggesting that, from a public point of view, the number of out parcels on the site would not be in harmony with the intent of where they believe the City is going. As it related to aesthetics, Mr. Annunziato agreed that the CAB was the prime mover with respect to aesthetics. The City went through this when they disbanded the Downtown Review Board. The P&Z Board also has some authority to review the plans from an aesthetic point of view. Col. Trauger agreed with Mr. Annunziato, and he explained. Mr. Wandelt also agree~l. Mr. Jed Downs showed where the junior anchor building, the main structures, and out parcels would be. The retail stores would be facing Congress Avenue. Mr. Downs indicated the location of the cinema and Freddy's. C~airman Walshak asked what the junior anchor would be. Mr. Down answered that right now, the junior anchor was not a defined tenant. They have two defined tenants (the cinema and Freddy's). Mr. Lehnertz observed that it did not show what the out parcels would look like. Mr. Peterson pointed out that the comments from the City staff stated that the approval of the out parcels was contingent upon getting the elevations. He was not too excited about the shiny green either and thought he was safe in saying that his firm, as Architects, and the developer were eager for his firm to design a building which would be compatible with the area. Mr. Peterson added that they were prepared to work with the City staff until the proper look, materials and colors have been selected through approval. In response to Chairman Walshak, Mr. Peterson was confident they could convince the CAB Board and the City Commission. - 13 MINUTES - PLANNING & ZONING BOARD BOYlqTON BEACH, FLORIDA SEPTEMBER 13, 1988 Mr. Peterson said there was nothing he liked less than to design a pretty shopping center and have gaudy, ugly, little out parcel buildings blocking the view. Unfortunately, the economics of typical shopping center development forces them into that type of situation. Mr. Peterson thought the oppor- tunity they had both as a City and as a developer and Archi- tect was to work with the elevations of the out parcel buildings so that they become a part of the shopping center rather than as an ugly appendage. Chairman Walshak stated that the applicant would come back through the system when they know what the out parcels will be. Mr. Downs believed that was what was stated in the staff comments. When the applications come back through, Chairman Walshak thought the Board could make sure the out parcels agree aesthetically and blend in harmoniously with the shopping center. Motion on Preliminary Plat Chairman Walshak asked if Mr. Keshavarz was in full agree- ment with all of the staff comments. Mr. Keshavarz answered, "100%." Vice Chairman Blanchette moved to approve the request, subject to staff comments attached to the original copy of these minutes as Addendums C-1 through C-3. Mr. Richter seconded the motion, and the motion carried 7-0. Motion on Site Plan Mr. Lehnertz moved to deny the request because he did not feel it was appropriate in this area to have this many out parcels. Mrs. Huckle seconded the motion. A roll call vote on the motion was taken by the Recording Secretary: Mr. Wandelt Aye Col. Trauger Aye Mr. Richter Nay Vice Chairman Blanchette Nay Chairman Walshak Nay Mrs. Huckle Aye Mr. Lehnertz Aye Motion carried 4-3. The request was DENIED. Mr. Peterson asked what they could do at this time. He had to clarify in his own mind and on behalf of the developer - 14 MINUTES - PLANNING & ZONING BOARD BOYIqTON BEACH, FLORIDA SEPTEMBER 13, 1988 that what they were proposing was meeting with all staff requirements. Mr. Peterson was sure they were in compliance with the zoning and all technical regulations, and he asked if what the Board was telling the applicant was that the Board did not approve of the applicant developing the site. Chairman Walshak replied that the motion was made to deny the request listed in the application, and the motion carried 4-3, which would be a recommendation of disapproval of the application to the City Commission. Mr. Peterson again asked what they could do, as they had presented everything to the City Staff, and they had done everything the Staff asked them to do. The direction from this evening did not give him enough to go back to his developer and say what they needed to do. Chairman Walshak felt the message was loud and clear. Mr. Peterson felt the Board had to tell them what to do. Chairman Walshak replied that the Board did nOt have to explain its actions. PRELIMINARY PLATS Project Name: Agent: Owner: Location: Legal Description: Request: Casa Blanea Robert E. Barrett, P.E. Paul Himmelrich, Trustee North side of West Boynton Beach Boule- vard, between Old Boynton Road and the L.W.D.D. E-4 canal See "Exhibit E" attached to the original copy of these minutes in the office of the City Clerk. Request for the approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements and land- scaping to serve 203 multi-family dwelling units in connection with a previously approved master plan C. SITE PLANS NEW SITE PLANS 2. Project Name: Agent: Owner: Location: Casa Blanea Robert E. Barrett, P.E. Paul Himmelrich, Trustee North side of West Boynton Beach Boule- vard, between Old Boynton ~oaQ anQ ~ne L.W.D.D. E-4 canal - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Legal Description: Request: See "Exhibit E" attached to the original copy of these minutes in the office of the City Clerk. Request for site plan approval to construct 203 multi-family rental units plus recreation facilities on 18.91 acres Mr. Golden made the presentation. He said the 203 units would be distributed among 16 buildings. There are three different building types, and they are two stories in height. There are 131 two bedroom units and 72 one bedroom units. Tl~e recreation facilities include a clubhouse, swimming pool, uwo tennis courts, and a picnic and playground area. Access to the site is by a driveway on West Boynton Beach Boulevard across from Leisureville Boulevard and one on Old Boynton Road. Mr. Golden said the existing Willows and Pond Apples adjacent to the E-4 Canal are to be preserved. A cluster of Ficus trees located in the northeast corner are also to be preserved and incorporated in a picnic and playground area. ~ row of Oaks 10 to 12 feet in height is proposed along the north property boundary to serve as a buffer to Venetian Isle Addition 1. To meet the requirements of the South Florida Water Manage- ment District (SFk~MD), a 1.85 acre water retention area is proposed in the central portion of the site, adjacent to Boynton Beach Boulevard. The TRB recommended approval of the preliminary plat subject to staff comments (Addenda F-1 through F-3 inclusive attached to the original copy of these minutes). Mr. Golden added an additional statement. In connection with comment ~4 in the Planning Department's memo (Addendum F-3), if the appli- cant chooses to take the density credit, the applicant will be required to submit to the City Attorney legal documenta- tion verifying that he will not receive financial compensa- tion from Palm Beach County for the right-of-way condemnation. Mr. Golden further stated that page 9 of the application (the applicant's signed authorization) was not submitted up front but was handed to him prior to the meeting. The TRB also recommended approval of the site plan subject to staff comments (Addenda F-1 through F-3 and G-1 through - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1987 G-5 inclusive attached to the original copy of these minu- tes) and the following comment from the Public Works Department: "Dumpster angles and traffic flow should be proper and consistent to accommodate a 35' long truck° Dumpster enclosure openings must be a minimum of 10'." Jim McManus, W. O. Brisben Companies, Inc.~ 1451 West Cypress Creek Road, Suite 300, Fort Lauderdale, FL 33309, came forward. Mrs. Huckle called attention to comment 12 from B~ll Flushing, Assistant City Engineer, (Addendum F-l) which read, "Three foot sidewalks ? ? ? ? - a TRB question." Mr. McManus replied that he had been questioned as to whether they were adequate for the interior walkways within the subdivision. He believed everybody agreed that within the inside of the development, they were adequate. Mr. Golden confirmed that was correct. Chairman Walshak thought the last time the applicant was before the Board, there was a question on the LWDD rights- of-way. Mr. McManus introduced Andy Carlino, P.E., Post, Buckley, Schuh & Jernigan, Inc., 1665 Palm Beach Lakes ~ivd., Suite 500, Tower B, West Palm Beach. Mr. McManus recalled that somewhere in the past, there was a little piece that had not previously been dedicated to the LWDD, and it was dedicated by plat. Mr. Annunziato interjected that what happens to Old Boynton Road has become somewhat of a confusing issue. About 1½ years ago, an Order of Taking was issued by the Court to Palm Beach County for a taking of a parcel from this parent tract on which the Old Boynton Road curve is now being built. The applicant has all along raised issues about whether or not that constituted a fee simple separation from the parent tract of those parcels of land which comprise the right-of-way. The County's Surveyor, in his legal descrip- tion of some or one of the parcels, had a scrivener's error where a bearing was listed as being opposite. The accompany- ing documentation clearly defines the right-of-way. It is the County's opinion that the Order of Taking is still valid. Mr. Annunziato continued by saying the applicant feels compelled to show that property somewhere within the limits of the plat, therefore, connoting ownership. A certain number of dollars is in escrow in the Court, waiting for a trial of the property. This issue remains now with the contract purchasers but originally with the owner of the land. - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, t988 Today, it lOOKS tO the City like they are not talking abOUt more than three units. '£ne easiest way to clear this issue up is to let the applicant dedicate the right-of-way on the plat to Palm Beach County, give him credit for density there~ but the applicant should not be compensated ~rom Palm Beach County. The public should not assume the liability twice. Mr. Annunziato had conversations wlth C~ty Attorney Rea to~ay, an~ Attorney Rea suggeste~ that the applicant woul~ nave to submit to tne City ~ocumentatlon removing themselves ~rom the opportunity o~ receiving money which is in escrow in the Court today. For that particular agreement, Mr. McManus determined that the applicant would be giving them three additional units. Mr. Annunzlato responded that they are not going to argue the tact that the or~er o~ TaKing may De lnva£1~, anu ne tenaea ~o tnlnK that it proDaD£y was not lnvall~ because, as the Surveyor described to him, the accompanying documen- tation was so voluminous, a switched bearing would not invalidate the Order of Taking. At this point, it was a matter o~ e~iciency and operation at this point. If the applicant was ready to remove himsei~ ~rom that issue, Mr. Annunzlato state~ that the Clty can st~££ say that the applicant nas some rights to it an~ give ~im density. The applicant would dedicate it by plat, and it would be over. The applicant would be taking the density from the right-of- way and shifting it down to the development parcel, and would then be dedicating the right-of-way. Mr. McManus stated that they would take the density and no compensation. As con~rac~ purchaser, ne aaae~ tnat they nave to, an~ tney basically nave the tentative agreement o~ the seller, who had the original problem. That will all be taken care o~ by the time they get into closing on the land. Mr. McManus agreed with Chairman Walshak that it was actually four units. Chairman Walshak asked how much money was in escrow. Mr. Annunzlato ~1~ not recall, an~ he exp£alne~ what happens De,ore tnere is a ~rlai aRa now the value IS established. Mr. McManus accepted all o~ the conditions and sta~ recommendations. - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 MotiOn on Preliminary Plat Col. Trauger moved to approve the request, subject to staff comments. Mr. Richter seconded the motion, and the motion carried 7-0. Comments from Man in Audience on Site Plan Wayn~ Scott, 1033 coral Drive, Treasure Island, said his property is the parcel immediately north of the property. This was the third site plan he had seen for this parcel of land, and he guessed the latest one reflected the addition of the four extra units. Every time the applicant comes in with a new site plan, it seemed to Mr. Scott that they bring the buildings closer and closer to the setbacks. They are as close as they can get to his property. Mr. Scott was with neighbors and friends, and he said they live across the canal. Being an Architect, he was satisfied with the architectural work done to date. Mr. Scott thought the buildings would be an asset to the community, but he was concerned about a buffer that would separate this neighbor- hood from his. He was concerned about a group of buildings facing into the back yards of his neighborhood with nothing but a canal between them. There IS no way they can put a barrier from a second floor viewpoint looking down. Mr. Scott observed that the site plan showed trees at approximately 30 feet spacing all in a row across the back of the property. He did not feel that was an adequate buffer to provide his neighborhood privacy and wanted the applicant to address the situation of possibly some land- scaped berms and much heavier vegetation on the back to preserve his nelghborhood's property values and privacy. Mr. Richter asked if the developer consulted Mr. Scott and his neighbors about this. Mr. Scott answered that they had a discussion over the telephone, but today was the first chance they had to review the revised site plan. They had talked on a previous site plan about the applicant's willing- ness to work with them. Mr. McManus had no problem with putting a berm back there and some Sea Grapes. Mr. Scott wanted to see something written down. Mr. McManus replied, "No problem." There were further comments. Chairman Walshak asked if the Live Oaks could be staggered. Mr. McManus answered that the Engineers said they could put berming in there. He stated that they could provide a - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 contoured berm along the whole property line. The maximum height would depend on how much width they would have to deal with, but they will take it to its maximum height and provide ground cover where appropriate and not necessarily trees but canopy coverage. Mr. McManus pointed out that they also had to consider maintenance because the neighbors would not want to see something that could not be maintained. Re told Col. Trauger he did not think bigger trees would make a lot of difference. Instead of a row of =rees, Mr. Scott suggested that they be staggered in a three dimensional pattern to fill in the gaps and to give his neighborhood relief from second floor views into their yards. Mr. McManus replied that they could definitely do that. The plan was presented by the Architect, and he thought they could modify the plan to satisfy the neighbors without too much difficulty. Mr. Scott referred to the Australian Pines that now exist in the corner of the parcel that the City wants removed upon the development. The trees are about 70 feet tall, have been there for 40 or 50 years, and are a nice buffer that protects his neighborhood from the view of the Florida Power and Light (FP&L) substation across the street. Mr. Scott asked if there was a possibility for a variance to let the trees stand. Mr. Annunziato alluded to the category 5 hurricane heading for the Gulf Coast and said one of the biggest problems of Australian Pines is they have no root structure. In a bad storm, they will be in somebody's house or back yard. Except under drastic circumstances, the Planning Department will unequivocably recommend that exotics should be removed. There was further discussion. Mr. Annunziato added that the Comprehensive Plan provides for the removal of exotics, but the City Commission, under some circumstances, allows them to remain. Motion on Site Plan Vice Chairman Blanchette moved to approve the site plan, subject to staff comments and to the comments made at this meeting in regard to the landscaping. Mr. Wandelt noticed another man wanted to address the Board. Chairman Walshak stated that the Board was now involved in a motion. Mrs. Huckle seconded the motion, and the motion carried 7-0. 20 MOTION - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 THE BOARD TOOK A BREAK AT 9:05 P. M. THE MEETING RESUMED AT 9:15 P. M. 3. Project Name: Agent: Owner: Location: Legal Description: Description: Quantum Park George W. Zimmerman, Vice President of Development Quantum Associates West of Interstate 95, between Miner Road extended and the Boynton (C-16) Canal See "Addendum H, attached to the original copy of these minutes Request for approval of project signage Miss Heyden made the presentation, as outlined in the Planning Department's memo of September 8, 1988 (Addendum I-2 attached to the original copy of these minutes). The proposed signs conformed with the TRB's recommendation with the exception of one, whic~ the applicant agreed to reduce to 32 square feet. The TRB recommended approval, subject to the staff comments attached to the original copy of these minutes as I-1 and I-2 and the following: Engineering Department 1. Stop signs to show 7 ft~ clearance with posts and construction conformIng to D.O.T. standards. 2. Post sizes and ground embedment to be shown. Breakoff design is required with the rights-of-way. Police Department Traffic control signs and ~upports must meet Department of Transportation standards. George W. Zimmerman, Vice President, Quantum Associates, 2455 East Sunrise Boulevard, Suite 1106, Fort Lauderdale, wanted to focus on the mai~ identification of the park and its relationship to the re~t of the signage. They now have two billboard signs on the property at the two extreme limits. In trying to evaluate the 1-95 frontage and develop a sign that was appropriate, they went through a series of investigation that came up with a wall that was somehow built into the landscaping that provided a back drop for the signage for various billboard type identifications. Mr. Zimmerman explained why these were inappropriate. - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Mr. Zimmerman presented a model so the Members could see what was proposed. He also had photographs that showed what it would look like once the new 1-95 interchange is constructed at 22nd Avenue. The wall created as a part of that interchange will have a lot to do with the feasibility of slgnage in that location° The letters on the model were cubic in nature. It will be front lighted and a very sophisticated sign for the development. The Members could see the scale of the sign relative to a car that was running in front of it. Mr. Zimmerman said they propose to set the sign approximately eight feet above the existing grade. The letters are essentially eight feet high and eight feet deep. Mr. Zimmerman said they also supplied data on the research of highway signs. The size and location were developed based on what is appropriate for this circumstance. A secondary sign was done in the same fashion, using the landscape as the back drop, Mr. Zimmerman thought that was the key, and he explained. On some of the plans, it was erroneously laid out. Mr. Zimmerman explained that the s~gn is on the other side of the lake with the water in the foreground, facing Congress Avenue. The sign is of the same type construction except the size is much smaller. The plans call for it to be 44 feet long and 2 feet high. Mr. Zimmerman said this was reduced to 40 feet long in conjunc- tion with the TRB comments. With respect to property lines setback, Mr. Zimmerman said they have a situation where they are not identifying some- thing that ~s specific inside of a piece of property. It is community slgnage. Both of these signs and all of the district signs are really part of the roadway and a part of the area directly adjacent to the property line on the individual sites, so Mr. Zimmerman said they are not in conformance with the ten foot setback. He asked for the Board to give them the leeway to locate the signs in this fashion because they were not really signs that belonged to the parcel but signs that belong to the community. With respect to the tenant multi-tenant directory signs, Mr. Zimmerman noted in Mr. Annunziato's comments (Addendum I-2) that they had shown a sign of 38.5 square feet. They will reduce that to 32 square feet (Sign B-14). - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 The next sign was the directional signage. The new Sign Code allows for a 12 square foot sign where you have a multi- directional signage. Mr. Zimmerman was concerned about the number of things they have to identify and said 12 square feet would reduce them in size so they would not be discern- ible on 22nd Avenue. The sign on the wall behind the Board Members was the size of the sign the applicant had recommended in terms of the lettering and the overall area behind it, but they need to have five lines of text. At the TRB meeting, Mr. Zimmerman said he would be willing to accept the City's 12 square feet, the only difficulty being that it may create additional signs in lieu of one directional sign because of the quantity of things they need to direct to. He asked the Board's consideration of which of the two alternatives would be better and said they would live with whatever the Board picked. Chairman Walshak asked what the TP~B's reply was. Miss Heyden answered that the TRB agreed with what Mr. Zimmerman was proposing. Mr. Zimmerman confirmed Chairman Walshak's statement that the sign will be south Of the 1-95 overpass and said the entire sign would be on Lot 79, and he explained the scale of the park. There was discussion. Mr. Zimmerman told signs would go and sign. Mr. Richter the temporary real estate be replaced with the ma]or identification Chairman Walshak asked how quickly Mr. Zimmerman was projecting doing this. After explaining, Mr. Zimmerman said they would like to have it finished by February, when the final touches will be put on everything. Chairman Walshak asked if it would be constructed of concrete. Mr. Zimmerman answered that they looked at three options (a thin shell of concrete, one boxed out of aluminum, and the third boxed out in stucco). They did not identify the final construction technique, although it will be a basic steel structure on a low masonry wall that will be colored like the model. It will be permanently anchored to the ground on a berm, and the configuration will be as was shown. From the Congress side, Mrs. Huckle noticed the major identi- fication sign would be B-2. Mr. Zimmerman said they had a miscommunication on some of their drawings. The detail drawing showed exactly where the sign would be, and he explained that it will address Congress but will be set back considerably from the Congress front. - 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Mr. Zimmerman told the Members there was another potential for signage that they had not worked out. It depends on the potential development of the Sybar property. They have a relationship with Sybar's owners that gives them easement rights to put a sign there. That will be another approval process. Mr. Zimmerman corrected Mr. Annunziato, saying that Mr. Annunziato had addressed three signs and there are only two identification signs (B-2 and B-l). Chairman Walshak asked if B-14 was covered in the staff comments because Mr. Zimmerman did not see it. Mr. Annunziato replied that it was #2 in the memo from Mr. Jaeger, Building Department (Addendum I-l). When going through the revisions of the Sign Code, Mr. Annunziato pointed out to the City Manager that they had not made any provisions for signs in Planned Districts. City Manager Cheney told him to prepare some. Mr. Annunziato explained the difference in Planned Districts and other zoning districts. Miss Heyden and he thought there had to be a program for slgnage which would allow for like signs for Planned Districts so you would have the same architectural features for large tracts of lands. They decided to say an applicant in a Planned District had to submit a sign package telling the location~ quantity, size, and character of each sign proposed. Mr. Annunziato said that here was a situation where the things they talked about may never have been appropriate to a developer with 4,000 plus or minus linear feet on 1-95. After elaborating, he said the issues raised by Mr. Zimmerman with respect to the two free standing signs and the directional signs are appropriate variance requests. The Planning Department reported a recommendation to the City Manager in that regard. Mr. Annunziato explained. He thought Mr. Zimmerman was asking if the signs made sense at that location in concept. Mr. Annunziato advised that the Board could not recommend approval of the signs as proposed. In concept though, it did not make sense. Mr. Zimmerman thought they also tried to tie in the variance procedure at the City Commission level so they would have the benefit of the P&Z Board's comments. Mr. Annunz~ato suggested that maybe the recommen- dations he and Miss Heyden did were appropriate with respect to Planned Districts. Here they had an identity to be given 24 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 to this approximately 600 acre park where the signs are complimenting each other. There were other comments, and Mr. Annunziato told Chairman Walshak that the Board could not approve the signs that did not meet the criteria of the Code. Chairman Walshak determined the applicant would have to go through the variance procedure. Mr. Zimmerman said that was in process, but he was interested in two things: 1. Will the City Commission have the benefit of the P&Z Board's input when the applicant goes before them? They wanted to show the Board how things would fit together as a package, which he had not addressed. That was why they went into the dark signage package with light lettering on a dark green sign because they will have landscaping around the sign. It is hoped the sign board itself will be diminished in the landscaping. Mr. Zimmerman said paragraph 5, a) b) and c), page 2 of Mr. Annunziato's memo (Addendum I-2) outlines what needs to be done by variance, and he thought the Board could approve the rest of the signage now. They have 562 acres and two decidedly different environments (Congress Avenue and 1-95), and they would like to be identified at both locations. Mr. Zimmerman knew the Board could not approve him having two without a variance. There was discussion. Mr. Annunziato thought the Board could act clearly on the signs provided for in the Planning Department's memo. Secondly~, they could make a recommendation in concept, sub- ject to the approval of a variance on the items Mr. Zimmerman provided for the Board in his discussion. Chairman Walshak commented on the size of the 920 square foot sign. Mr. Richter thought it looked beautiful and he thought they did a good job of being consistent with a large project. There were other comments. Mr. Lehnertz understood why Mr. Zimmerman did not get a ten foot setback for a number of the community signs. He referred to the 2nd comment from the Engineering Department. Mr. Zimmerman replied that evsrything in the rights-of-way will have the break away design. He and Chairman Walshak understood that the applicant would have to ask for a variance on that too. Mr. Zimmerman explained that the difficulty they had in that was that the variance of ten - 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 feet was if the sign belonged to the property. This sign does not belong to the parcel but to the overall development. That was where the Catch 22 came in. All of these signs do not apply to any one individual parcel. Mrs. Huckle asked what setback Mr. Zimmerman had anticipated for some of the signs. Mr. Zimmerman answered that some of them would actually extend into the right-of-way or would be right on a right-of-way line. It would essentially be a zero setback, but it is totally in a right-of-way. Mr. Zimmerman indicated signs which were 100% in the right-of- way and said that depending on the nature of the s~gn, any sign that identifies any particular place single user conform to the setbacks. Whenever the signs are of a different purpose, then they do not necessarily conform. There was discussion about the signs the Board would be approving. Motion re Request for Project Signage Mr. Richter moved to approve the request for project signage with the exception of B-l, B-11, and a number of free stand- ing signs, subject to staff comments. Mr. Lehnertz seconded the motion, and the motion carried 7-0. Motion re Recommendation to City Commission on Concept of Larger Signs Col. Trauger moved that the P&Z Board recommend to the City Commission that they approve the concept of keeping the larger signs fronting on 1-95 and Congress Avenue (B-1 and B-2) and request that Quantum Park be granted variances for the installation of these signs. Mr. Wandelt seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Safe Keeping Self Storage Randall Adrian Heritage Properties Joint Venture I East side of South Congress Avenue, south of S. W. 30th Avenue See "Addendum J" attached to the original copy of these minutes. Request for site plan approval to construct a 112,270 square foot mini- warehouse complex on 4.518 acres - 26 - MINUTES - PLAN/~ING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Miss Heyden said Regency Plaza abuts this site on the north side. Five warehouse buildings will be on the site, and no bay doors will be visible from Congress Avenue. Access to the site will be from Congress Avenue, and a small office building will be facing Congress Avenue. The type of construction will~ be concrete with a dark red tile trim. The TRB recOmmend~ed approval subject to staff comments attached to the original copy Of these minutes as Addendum K-1 through K-6, and the following comment: Public Works Depgrtment Dumpster pad must have a minimum 10' opening and should be to the rear of the property. Randall Adrian, Vice President, Omni Dev~lgpmgnt Cg~pora~.ion, one of the partners on the project, 6929 Town Harbor Boule- vard, Boca Raton, FL 33433, introduced Tom Di Georgio of DK Architects, Pompano Beach, and Jim Toscanini, Langan Engineering, West Palm Beach, and their Attorney, Dennis Stewart, Fort Lauderdale. In submitting the plan, Mr. Adrian said their instructions to the Architects and Engineers were to meet every Code requirement. Mr. Di Georgio drew up the plan and made the changes every department asked them to make. Mr. Adrian said the staff comments said they did not comply with the Code in two areas, and they will be glad to do it the way the City wants them to do it. One was inadvertent. They drew the sign too big, and Mr. Adrian said they will be glad to meet the sign requirements. The other was that they have a residence for the manager. They are pushing this as security, as this will be a high security facility, and they have a residence on site. If the City does not want them to have th~ residence on site, they will not have one. Mr. Annunziato advised that the only way a residence could be permitted in an M-1 zoning district would be if it was customary and incidental to the primary use of the property. Mr. Annunziato suspected there were some land uses where it is customary or incidental for residences to accompany a primary use. In this type of operation, due to security purposes, Mr. Richter felt it was almost customary and incidental. Mr. Annunziato agreed that some Codes do identify it, but in Boynton Beach, the policy has been that on site residences are not incidental to a mini-warehouse. - 27 - MINUTES - PLANNING & ZONING BOARD BOY'TON BEACH, FLORIDA SEPTEMBER 13, 1988 Mr. Adrian interjected that the largest chain in the Unitsd States is Public Storage, who has 800 facilities. They will not do one without a residence. Mr. Annunziato repeated for Chairman Walshak that residences are not permitted in M-1 zoning. The only way it could be permitted would be if the City Commission made a finding that it is so obvious and assumed to be reasonable that a residence should be part of this kind of use. It would be customary and incidental to the primary use and, therefore, an accessory use to it and and should not be excluded from being permitted. Mr. Annunziato said the issue has been addressed before by the City Commission, and some policy decisions have been made. Mr. Adrian informed Col. Trauger that 20% of a mini-warehouse in this area is dedicated to commercial use. Merchants usually take up 20%. The rest are individuals. The sizes go down to 5'x5'. They have 1,007 or 1,009 units. There was discussion. Mr. Richter asked if the building would be air-conditioned. Mr. Adrian answered that 50% of it would be. Mr. Adrian thought the Parking Ordinance called for 145 park- lng places, and he stated that they will only have 30 cars a day coming in, and not all of them will come at one time. Mr. Adrian stressed that the City's Code was not applicable here. Nevertheless, the applicant would meet it. Vice Chairman Blanchette agreed with Mr. Adrian. Mr. Hunt said they made a management agreement with Bob Hunt, who owns the Florida Space Center at Hypoluxo Road and 1-95. He has extensive data on how many cars come in during a day. In response to Chairman Walshak, Mr. Adrian stated that they will put in as many Palm trees and as much landscaping as the City wants because they like landscaping too. Mr. Richter moved to approve the request for site plan approval, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Charles N. Gilbert Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 Tract H of Hunters Run (Golf Course) Request for site plan approval to construct a 629 square foot driving - 28 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 range building on the existing golf course at the Hunters Run Planned Unit Development Mr. Golden made the presentation and said the proposed architectural design conforms to the existing scheme of Hunters Run. The TRB recommended approval. Charles Gilbert, Architect, had a religious conflict and could not attend the meeting. There were no staff comments. Col. Trauger moved to approve the request, seconded by Mrs. Huckle. Motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: 611 N. E. 10th Avenue None Dwain Pierrard North side of N. E. 10th Avenue, of North Federal Highway east Parts of Lots 19, 20, 21 and 22, Block 2, Lake Addition Request for site plan approval to allow for the addition of a wood fence Mr. Golden made the presentation and said the TRB recommended approval, subject to the following staff comment from the Building Department: Indicate on the plans the type of proposed fence to be approved. Show the height and exact location of the fence. Also indicate any proposed landscap- ing to be planted in conjunction with the proposed fence. Dwai~rpierrard, 632 Allen Avenue, Delray Beach, FL 33483, came before the Board. Mrs. Huckle asked if the fence was for security. Mr. Pierrard replied that it was to beautify the place. He wanted a background to put shrubs there, and he presented pictures of the fence. Mr. Richter moved to approve the request for site plan approval, subject to the staff comment. Mr. Lehnertz seconded the motion, and the motion carried 7-0. SITE PLAN MODIFICATIONS Project Name: Agent: Owner: Location: Cross Creek Centre Steve Rhodes Cross Creeek Centre Associates West Boynton Beach Boulevard at the L.W.D.D. E-4 canal, northwest corner - 29 - MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA SEPTEMBER 13, 1988 Legal Description: Description: See "Addendum L" attached to the original copy of these minutes Request for approval of an amended site plan to allow for an elevation change to the commercial building Mr. Golden said the applicant wants approval to provide a second parapet. The TRB recommended approval of the site plan as amended. Mr. Annunziato informed the Board that as a result of the way the building turned out, the City has been receiving many complaints as to the architecture and the design. He thought it would be appropriate for the Board to have the attendance of the owner of the project to discuss in some detail the physical attributes of the building. Mr. Wandelt wanted to see what the change would be. Chairman Walshak agreed with Mr. Annunziato's recommendation and said he would ask the Board to go along with it. Kevin McGinley stated that he was the Agent during the zoning process and the Comprehensive Plan Amendment. He was not really involved with the architecture. He got the j~D this morning. Mr. McGinley thought he could arrange to have the owner at the next P&Z Board meeting. Col. Trauger felt there should be an expression from the Board as to why they wanted the owner to come before the Board after the project had been approved at various times. Chairman Walshak personally wanted to ask some very serious questions and thought it would be unprofessional of the Board to try to get the answers he was seeking from a man who just took the project this morning. Mr. McGinley saw the project this morning and it was very clear to him why the Board wanted to see the owner. Mr. Lehnertz moved to TABLE this request until the next regularly scheduled meeting of the Board on October i1, 1988 and that they request the owner to be present. Mr. Wandelt seconded the motion, and the motion carried 7-0. 8. Project Name: Agent: Owner: Location: Chua Eye Clinic Robert Ste. Marie Jonathan Chua, M. D., P.A. Woolbright Road at the L.W.D.D. E-4 Canal, northwest corner 30 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Legal Description: Description: Parcel C of the 10th Section of Palm Beach Leisureville, as recorded in Plat Book 30, Pages 129-141 inclusive of the Public Records of Palm Beach County, Florida, less a part of Parcel C described as: Beginning at the south- west corner of the above mentioned Parcel C; thence north l°59'08" west, along the westerly line of said Parcel C a distance of 99.5 feet; thence south 59°29'23'' east, a distance of 120.64 feet; thence south 69°11'14'' west, along the north line of S. W. 15th Avenue, a distance of 107.5 feet to the point of beginning. Request fo~ approval of an amended site plan to allow for elevation changes Miss Heyden made the presentation and informed the Members that Chua Eye Clinic changed the color of a portion of the front of the building from natural to mauve. Also, part of the request was the deletion of a door on the west side of the building. The TRB recommended approval, subject to the following staff comment from the Public Works Department: Dumpster enclosure must have a minimum 10' opening and dumpster enclosure on N. W. corner of property. Must be maintained in place as to prior plan. Delfin Menendez, President, MSM Architects & Planners, Inc., 630 South Dixie Highway, West Palm Beach, said the changes were basically omissions. Originally, a railing was shown facing Woolbright Road and a gate. The owner decided that he did not feel the security fence, which was the purpose of the railing was needed. A gazebo was also proposed and, because of budget changes, they decided to save that money. Mr. Menendez said they were not satisfied with the outcome of the construction and they recommended that the owner change to a mauve color, which would be more in conformance with the concrete block they used on the project. There were some minor landscape plans that were changed, but most of those were a result of the conditions the CAB put upon the applicant in the original approval. Mr. Menendez summarized that the changes were the landscape changes and the omission of three elements: the gate, the railing, and the gazebo. The change to the facade will be - 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 mostly to the stucco and the color on the arches. Mr. Menendez also wanted to eliminate two minor orientation signs. Chairman Walshak asked about a door being eliminated. Mr. Menendez replied that the door being eliminated was just a temporary door. The project was approved in two phases. The door is in the second phase of the project, in the back, to the west end of the building. That area will be the surgical suite of the clinic, and it is not completely defined yet. The interior of that is being done by an Archi- tect that specializes in that type of medical procedure. They have to make the decision as to whether the door is necessary. At this moment, there is no reason for the door to exist. With respect to the staff comment, Mr. Menendez said the comment was related to the dumpster that is in the easement in the west end of the project. That area belongs to Dr. Chua and it was given to the shopping area on the west side for parking. When the improvement to the easement was approved, it showed a dumpster location there, and the owners of the shopping center decided not to put the dumpster there. It is now in the right-of-way of the canal. The City Staff suggested that the dumpster go back to the place where it was originally approved. Mr. Menendez showed photographs of the building showing the mauve color, and he repeated prior statements. Mr. Richter moved to approve the request, subject comments. Col. Trauger seconded the motion, and carried 7-0. to staff the motion Project Name: Agent: Owner: Location: Legal Description: Description: High Ridge Country Club Michael P. Corbett, A.I.A. High Ridge Country Club, Inc. Hypoluxo Road at the L.W.D.D. Canal, southeast corner E-4 High Ridge Country Club, as recorded in Plat Book %39, pages 137-138, Palm Beach County, Florida Public Records Request for approval of an amended site plan to allow for a 19,970 square foot addition to the existing clubhouse building and a change in parking lot layout and design - 32 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Miss Heyden made the presentation. The applicant is propos- ing to extend its existing facility with an addition to the pro shop, card room, and dining room. The TRB recommended approval, subject to staff comments attached as Addenda M-1 through M-4 inclusive and to the following comment from the Public Works Department: "Dumpster turnaround must accommodate a 35' truck." Michael P. Corbett, A.I.A., 6662 Westview Drive, Lantana, FL 33462 told the Members High Ridge Country Club is trying to keep pace with other clubs in the area, and he explained. This Club has a limited membership by its Charter and By-laws, and they want to keep the members they have. Members will shift around and go to other clubs if the facilities are not keeping pace with other clubs. Mr. Corbett said they are trying to provide a more modern architectural appearance on the exterior of the building and a more luxurious interior. They started out with a small dining room. A number of members could fit into there and overflow into the dining area, but it was a cramped situation. Mr. Corbett said they realize now that they need to provide a proper facility. Mr. Corbett was familiar with all of the staff comments, but he told Chairman Walshak he was confused about item 5 in the Building Department's comments, which related to the Standard Building Code (Addendum M-l). Mr. Corbett said the interpretation of the Code by Don Jaeger, Building Department, and his may be a little different. It was Mr. Corbett's understanding that they would take the new addi- tion and make it meet the present Code as it stands today. He thought Mr. Jaeger's comments were that he wanted the applicant to go back into the existing building. Mr. Corbett believed Mr. Jaeger's intent was to make the Club meet the Standard Building Code, and that was Mr. ~Corbett's intent. He stated that he and Mr. Jaeger were working toward the same end. Mr. Corbett explained this to the Club, and going back into the existing building might create some hardships if they have to tear down existing ceilings, etc. and come back in. However, he believed there was no problem. Mr. Richter called attention to Mr. Jaeger's second comment. Mr. Corbett clarified that FP&L was given an easement by the Club to bring the power lines in. The new expansion - 33 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 will be in the area of this easement. The applicant has already had numerous meetings with FP&L, and the Club is going to grant FP&L a new easement in a different location. This will be abandoned. In fact, FP&L's line is not even in the easement. Mr. Annunziato informed Chairman Walshak that Mr. Corbett would have to have this prior to the City Commission's approval. Mr. Corbett agreed with all of the staff comments. Mrs. Huckle moved, seconded by Mr. Lehnertz, to approve the request, subject to staff comments. Motion carried 7-0. 10. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Tract I "Essex" Charles N. Gilbert Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals Tract I of Hunters Run Request for approval of an amended site plan to allow for the construcation of a 218 square foot pump house building to serve the existing golf course Mr. Golden made the presentation. The TRB recommended approval subject to the following comment from the Department of Utilities: "If City water is to be used on the pump controller or valve mechanisms, a reduced pressure back flow prevention unit must be installed on the City water service." Charles N. Gilbert, Architect, was not present, but Mr. Golden had discussed the staff comments with him, and Mr. Gilbert indicated that he had no problems with the staff comments. Mrs. Huckle moved to approve the request, seconded by Mr. Lehnertz, subject to the staff comment. Motion carried 7-0. 11. Project Name: Agent: Owner: Location: Legal Description: Hunters Run Tract M "Estates" David Beasley Estates Condominium Assoc. Inc. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals Tract M, Hunters Run - 34 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Description: Request for approval of an amended site plan to allow for the addition of a front room for all type VII units Mr. Golden made the presentation and said the TRB recom- mended approval as presented. David Beasley, Agent, 3151 $. W. 14th Place, ~7, Boynton Beach, FL 33426, did not bring a rendering and said they usually bring them to the CAB. Chairman Walshak informed him it is one of the requirements of the P&Z Board. Mr. Beasley responded that he had not been bringing renderings because everybody knows what the seven models are. There was discussion about the elevations. In response to Chairman Walshak, Mr. Beasley said he only had one request to do a room addition on the front. He informed Vice Chairman Blanchette that it would be 12'x20'. An existing garden wall is already there. The room addition fits the size of where the garden wall is now. Vice Chairman Blanchette asked what kind of roof it would have. Mr. Beasley replied that it would match the existing roof. Chairman Walshak felt the Board should require a rendering, but he hated to hold Mr. Beasley up on something like this, and he asked for comments from the Board. Col. Trauger thought they needed a rendering. Mr. Annunziato had the elevations, but they were not colored, and he and Mr. Beasley explained them. Mr. Beasley told Mr. Richter Bunters Run can only have the colors of beige and brown or two tone gray. He informed Vice Chairman Blanchette that he has to take the garden wall out because it is not structural, but the room will fit within the confines of where the garden wall is now. Mrs. Huckle asked if the room would be completely enclosed. Mr. Beasley answered affirmatively but said there would be a window on the side and nothing on the front. On the side facing the entry, Mr. Annunziato said there is a sliding glass door. Mrs. Huckle asked if it would be used as a family room. Mr. Beasley answered that it would be used as a weight room. Vice Chairman Blanchette assumed that it was already landscaped on the outside. Mr. Beasley confirmed that it was. Mr. Richter had no problem with this, as everything is standard at Hunters Run. Mr. Wandelt and Col. Trauger - 35 - MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA SEPTEMBER 13, 1988 agreed. As long as he is Chairman of the Board, Chairman Walshak stated that this would be the last application that would be presented to the Board without a rendering. Mr. Wandelt agreed with Chairman Walshak. The only way he agreed to accept this was because the Board knows the type of work Mr. Beasley does. In response to Chairman Walshak, Mr. Annunziato stated that the Planning Department would so advise the applicant, but it is on the application form, and applicants are told to have renderings. Chairman Walshak said the next time it will be tabled. Mr. Lehnertz moved, seconded by Mr. Richter, to approve the request. Motion carried 7-0. In reply to Mr. Wandelt's query, Mr. Lehnertz said there were 12 type VII units there. Mr. Beasley understood the Board was approving 12 for this particular type room addition but he has never had anyone who had the same room addition, so if he has an addition on another type VII, he was sure he would be back before the Board. 12. Project Name: Agent: Owner: Location: Legal Description: Description: Mariner's Way None First Oxford Development Co. c/o Wendall Collins East of North Federal Highway, between N. E. 12th Avenue and the Intracoastal Waterway Lots 1 through 32, inclusive, and Tracts A, B, C, D and E, as shown on Plat of Mariners Way, as recorded in Plat Book 52, Page 193, of the Public Records of Palm Beach County, Florida Request for approval of an amended site plan to allow for additional unit docks and changes to approved docks Mr. Golden said the applicant was requesting approval to add additional docks for units outlined in his letter of August 15, 1988 and was also requesting to revise the docks for units 20 and 21, as outlined in his letter. The TRB recommended approval, subject to the following staff comments: - 36 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 Building Department "Prior to the Building Department issuing permits to construct the proposed docks, the applicant must secure all necessary approvals from applicable State and local regulatory agencies. Proof of necessary permits will be required from the Army Corps of Engineers, the Department of Environmental (DER) Regulation and the Department of Health and Rehabilitative Services (Environmental Control Office)." Forester/Horticulturist "The applicant should submit correspondence from all environ- mental agencies concerned with approval of dock modifica- tions. Any mangrove trees affected should also be noted on the plan." There was discussion. Wendall Collins, 630 U. S. ~1, Suite 102, North Palm Beach, FL 33408, told the Board they complied with everything, and they complied with the governmental agencies. The main reason for the site plan change was that in the future, an owner will not have to go through the complete site approval. It will be up to the owner to get the proper approvals. Mr. Collins said the applicant was not intending to build the docks. He was agreeable to the staff comments. Mr. Lehnertz asked why the Board did not get a request for all of the units. When they did the first permitting to the A/my Corps, everybody ended up putting in what they approved. He thought that would stay and would never change. When they were building the docks, Mr. Collins said 20 and 21 were put together, and the Corps wanted them separated. When they did that, it changed the site plans. The appli- cant decided to put in concrete. Col. Trauger moved to approve the request, seconded by Mr. Richter, subject to staff comments. Mr. Lehnertz had strong reservations about approving a site plan amendment when they were told it was very unlikely this action would ever take place. The motion carried 6-1 with Mr. Lehnertz casting the dissenting vote. 13. Project Name: Agent: Owner: Pine Point Villas Fritz Massie Fence Co. H. E. Minster, Director - 37 - MINUTES - PLANNING & ZONING BOARD BOYIqTON BEACH, FLORIDA SEPTEMBER 13, 1988 Location: Legal Description: Description: West side of North Seacrest Boulevard, north of Arthur Court Lot 10, Sec. 9, Twp. 45 S., Rge. 43, as recorded in Official Record Book 2311, Page 709, Public Records of Palm Beach County, Florida Request for approval of an amended site plan to allow for the addition of a chain link fence Mr. Golden informed the Board that the TRB recommended approval as submitted. Harold E. Minster, 3311 Valley Road, informed Mrs. Huckle that when the developer built the complex, he put up a wooden fence that separates Palm Beach Memorial Park from their complex. The fence deteriorated, they thought they should have a cyclone fence. Mr. Minster stated that Palm Beach Memorial Park will dispose of the wooden fence before the slx foot cyclone fence is erected. Mrs. Huckle moved to approve the request, seconded by Mr. Lehnertz. Motion carried 7-0. 14. Project Name: Agent: Owner: Location: Legal Description: Description: Quail Run Thomas J. Lira Director of Planning & Development Coscan Florida, Inc. West of South Congress Avenue, between Woolbright Road extended and Golf Road Quail Run, as recorded in Plat Book 57, Pages 100-102, Sec. 3t, Twp. 45 S., Rge. 43, Public Records of Palm Beach County, Florida Request for approval of an amended site site plan to allow for changes to the recreation building and a change in parking lot layout and design Miss Heyden made the presentation and said the recreation building change will increase the size of the building by an 8'x14' addition. The TRB recommended approval, subject to the following staff comments from the Planning Department: "(1) Parking spaces proposed to be deleted should be removed from plans prior to sign off. 38 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 (2) Note on recreation building floor plan concerning park- ing lot modification to be removed prior to sign off, as this note is irrelevant to this application." Thomas J. Lira, Director of Planning & Development, Coscan Florida, Inc., Suite 400, East Building, 1900 Corporate Boulevard, N. W., Boca Raton, FL 33431, said the deletion of the parking spaces was necessitated by the problem they are having with FP&L. They have a transformer there and a major transmission line that services the applicant's area. As far as the addition on to the recreation building, Mr. Lira said it is their continuing process of changing their marketing strategy from a "yuppie" residential development to one geared more toward retirees. They are taking out the handball courts and putting in a multi-media room, which will have a stage and movie screen. Mr. Lira agreed with the staff comments. Col. Trauger moved to approve the request, seconded by Mr. Richter. Motion carried 7-0. 15. Project Name: Agent: Owner: Location: Legal Description: Description: Snyder-~odes Medical Office Building George C. Davis, Project Architect Humdeco, Inc. South side of West Boynton Beach Boule- vard, east of N. W. 7th Court Parcel 1: Lots 22 and 23, less the North 10'; Lot 29 and the E½ of Lot 28, Block 2, Lake Boynton Estates, Plat 1. Parcel 2: Lot 27 and the W½ of Lot 28, Block 2, Lake Boynton Estates, Plat ~1 Request for approval of an amended site plan to allow for elevation changes Mr. Golden said the changes are to accommodate a future tenant, and the changes include modifications to several doors and windows. The TRB recommended approval as submitted. No one was present to represent the applicant. Col. Trauger moved, seconded by Mr. Richter, to approve the request. Motion carried 7-0. 39 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1988 COMMENTS BY MEMBERS Site Plan Ap~provals After discussion, Col. Trauger asked if there were many site plan approvals in the mill for which no action has been taken, like the medical building on Seacrest. Mr. Annunziato said those determinations go to the City Commission and, unless there is some reason to not continue the approval, the City Commission approves an extension. There was discussion. *Mangroves Mrs. Huckle asked about the*mangrove property. Mr. Annunziato thought the determination would be a tough call because work has been done there. They probably did about 30% of their sub-ground improvements, drainage and utilities. It will be questionable whether that plan still has life, but Mr. Annunziato said that property will be addressed in the Coastal Land Element, and the Board may see some recommendations to change the land use. ADJOURNMENT There being no further business to come before the meeting properly adjourned at 11:05 P. M. Patricia Ramseyer Recording Secretary t/ (Four Tapes the Board, *S~ould be mango property. See 10/11/88 minutes. - 40