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Minutes 06-14-94MINUTES OF TNE PLANNING AND DEVELOPMENT BOARD MEETING NELD IN COMMISSIONCHAMBERS, CITY HALL, BOYNTQNBEACH, FLORIDA, ON TUESDAY, OUNE 14, 1994, AT 7:00 P. M. PRESENT Gary Lehnertz, Chairman Stanley Dube, Vice Chairman Richard Gram Bradley Weigle Pat Frazier, Alternate Daniel Winters, Alternate ABSENT Jim Golden (Excused) Tambri Heyden, Planning and Zoning Director Mike Haag, Zoning and Site Development Administrator Mike Rumpf, Senior Planner James Cherof, City Attorney 1. PLEDGE OF ALLEGIANCE Due to the resignation of Paul Davis, and in the absence of Mr. Golden, Ms. Frazier and Mr. Winters sat at the dais as voting members. Chairman Lehnertz called the meeting to order at 7:04 P. M. and the Pledge of Allegiance to the Flag was recited. 2, INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced the members of the Board and welcomed Commissioner David Katz and Mayor Pro Tem Bradley to the meeting. 3, AGENDA APPROVAL Motion Mr. Weigle moved to approve the agenda as it stands. Mr. Gram seconded the motion, which carried 6-0. 4. APPROVAL OF MINUTES "Boynton Beach Boulevard" was changed to "Old Boynton Road" on page 3 (last paragraph, third and fifth line) and on page 4 (third paragraph, first line). Mr. Weigle changed "Mr. Bradley" to "Mr. Weigle" in the motion on page 4. Motion Vice Chairman Dube moved to approve the minutes of the May 1D, 1994 meeting as amended. Mr. Weigle seconded the motion, which carried 6-0. -1 - HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA ~UHE 14, 1994 5. COHHUNICATION$ AND AHHOUHCEHEHTS Report from the Planning and Zoning Department 1) Ftnal dtspositon of last month's agenda items Ms. Heyden reported that at its May 17, 1994 meeting, the City Commission approved the parking lot variance for Boynton Festive Center. They also approved relief from the landscape code, subject to staff comments. In addi- tion, they approved the site plan, subject to removal of the Tamarind trees under the FPL wires and widening of the 22' wide driveway that was west of the outbuilding to be able to widen an adjacent landscape island. They deleted the requirement to totally comply with the Modern Design District requirements, and recommended that more green area be added as long as no parking spaces are lost. Ms. Heyden stated that the City Commission approved the one year time extension to the site plan approval for Racetrac. Ms. Heyden advised that the City Commission approved the preliminary plat for Quail Run Villas a/k/a Quail Lake West PUD Phases II and III. The Woolbright Road median will be planted. The species will be decided between the Forester and the applicant. The City Attorney will be drafting a maintenance agreement for the maintenance of the off-site improvements. 6. OLD BUSINESS None. 7, NEW BUSIHES$ A. Publlc Hearing Land Use Element Amendment/Rezontng Project Name: Owner: Location: Description: Annexation Program Appltcation #1 Palm Beach Groves Loy H. Anderson, Jr. and Inger K. Anderson 19.77 acres on the west side of Lawrence Road, approximately 1,30D feet south of Nypoluxo Road Request to show annexed land as Agriculture and to rezone from AR {Agricultural Residential) in Palm Beach County to AG {Agriculture). Mr. Rumpf stated that in late 1993, the City annexed the first group of proper- ties pursuant to our annexation program. These ten properties were annexed as Group 1 of Phase 1 which consists of the enclave portion of our study. Following the annexation of this group, the City Commission directed staff to, in addition to continuing efforts to annex the enclave properties, increase focus on Phase 2 of the annexation program, beginning with the annexation of those eligible properties located within the service area immediately west of -2- )4INUTES - PLANHIHG AND DEVELOPHENT BOARD HEETZNG BOYNTOH BEACH, FLORIDA ,]UNE 14, 1994 the City. Eligible properties are defined as those contiguous properties whose owners have consented to being annexed. The five properties that met this criteria were Palm Beach Groves, Knollwood Groves. the Epstein property a/k/a Sausalito Groves, Heartland Health Care Center nursing home, and Greentree Plaza I shopping plaza. All five properties are being annexed in accordance with the annexation clause within each agreement for water service. If approved by the City Commission for transmittal to the Department of Community Affairs, these prOposed amendments will be sent to DCA for review and then returned to the City for adoption. This will most likely occur in November or December, 1994. Mr. Rumpf discussed Application #1 first. He stated that this property is occupied by the Palm Beach Groves agricultural and retail business and owned by Loy H. Anderson, Jr, and Inger K. Anderson. The Palm Beach Groves is an established grove business serving a market area which likely extends to regional limits. ~Their seasonal operation includes the sale of fruits and vegetables (grown both on and off the premises), container plants, gifts and souvenirs, ice cream and other miscellaneous items. The Palm Beach Groves aTso includes walking tours of the processing facility, wagon tours of the groves, picnic tables and garden trails. The existing land use is MR5 (Medium Residential 5) in the County. The proposed land use is Agriculture. With regard to adjacent land uses, immediately to the north is Dahlgren's Nursery. Farther to the north is a single family home. Lawrence Road is to the east. Farther east is the Knollwood Groves PUD. To the south is the L-19 canal. Farther south is the Fox Hollow community. To the west is Homes at Lawrence. The Comprehensive Plan Future Land Use Map does not recommend land use designa- tions for unincorporated properties west of Lawrence Road. The Agriculture land use classification is being proposed based upon consistency with the existing use, and based on the description of this classification with Policy 1.16.1. Furthermore, this land classification is consistent with adja- cent land uses, and annexation would be consistent with State law. Since the proposed land use is consistent with surrounding land uses, there are few objec- tives or policies related to this request. However, there are several issues that should be addressed, as they describe characteristics of this site, indi- cate consistency with the Comprehensive Plan and/or fulfill requirements of the Florida Department of Community Affairs with respect to the review of plan amendments. It should be noted that based on a strict definition and application of the City's Code of Ordinances, all aspects of the Palm Beach Groves operation may not be permitted within the City of Boynton Beach. Given that such character- istics of this business will become legally nonconforming or grandfathered in accordance with City regulations, and since the Agriculture Zoning District is relatively restrictive, staff recommends that the City consider the need for code revisions which would address the different aspects of this grove business. -3- HINUTE$ - PLANNING AHD DEVELOPHENT B~)ARD HEETING BOYHTOH BEACH, FLORIDA ~UNE 14, 1994 The Planning and Zoning Department recommends that this application submitted in connection with the annexation program be approved based on the following: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's annexation program; and 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. At this point in the meeti~ng, Chairman Lehnertz recognized Mayor Edward Harmening in the audience. Since no one in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. Notion Vice Ch~irman Dube moved to approve the annexation of Palm Beach Groves as Agriculture and to rezone from AR in Palm Beach County to AG. He further moved that this is in compliance with the Comprehensive Plan. Mr. Gram seconded the motion, which carried 6-0. Project Name: Owner: Location: Description: Annexation Program Appllcatlon #2 Knollwood Groves Knollwood Groves, Inc. 30 acres at the southwest corner of Lawrence Road and Knollwood Road Request to show annexed land as Agriculture and to rezone from AR-SE (Agricultural Residential-Special Exception) in Palm Beach County to AG (Agriculture). Mr. Rumpf stated that this property is occupied by the Knollwood Groves agri- cultural and retail business and owned by Knollwood Groves Inc. The Knollwood Groves is an established grove business serving a market area which likely extends to regional limits. Their year-round operation includes the sale of fruits and vegetables (grown both on and off the premises), container plants, gifts and souvenirs, baked goods and other miscellaneous items. The Knollwood Groves also includes walking tours of the processing facility, wagon tours of the groves, picnic tables, and an exhibit of Native Amercians and Florida's natural environment featuring arts and crafts, educational lectures, and native animals such as the alligator, all located within a natural hammock area found on the property. The existing land use is MR5 (Medium Residential 5) in the County. The proposed zoning is Agriculture. With regard to adjacent land uses, Knollwood Road/L-20 Canal is to the north. Farther north is Fox Hollow (Phase 2, which is now referred to as Lawrence Oaks). To the east is Lawrence Road, Farther east is Citrus Glen. To the south is Boynton Nurseries, and to the west are single family homes. -4- MINU~ES - PLANNING AND DEVELOPi~IENT BOARD MEETING BOYNTOH BEACH, FLORIDA JUNE 14, 1994 The Comprehensive Plan Future Land Use Map does not recommend land use designa- tions for unincorporated properties west of Lawrence Road. The Agriculture land use classification is being proposed based upon consistency with the existing use, and based on the description of this classification with Policy 1.16,1. Furthermore, this land classification is consistent with adja- cent land uses, and annexation would be consistent with State law. The proposed designation represents a more restrictive land use classification than the current County land use as fewer uses would be allowed and development would be restricted to a lower density. It should be noted that based on a strict definition and application of the City's Code of Ordinances, all aspects of the Knollwood Groves operation may not be permqtted within the City of Boynton Beach. Given that such characteristics of this business will become legally nonconforming or grandfathered in accor- dance with City regulations, and since the Agriculture Zoning District is rela- tively res~rictive,~ staff ~ecommends that the City consider the need for code revisions Which would address the di,fferent aspects of this grove business. The Planning and Zoning Department recommends that this application submitted in connection with the annexation program be approved based on the following: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies within the Ci'ty's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's annexation program; and 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. Phil Leslie, Past President of COBWRA and presently the Chairman of the COBWRA Government Affairs Committee, advised that there have been a number of citations on this property for not conforming with the terms of the licenses that they have to operate. He stated that they have alligator wresting there, which is not part of the agricultural operation. The sign code has been violated a number of times. He felt it would be appropriate to postpone annexing this property until such time as they come into conformity with the rules and regula- tions that they are supposed to be operating under. He stated that COBWRA is interested in a quality of life in the area west of the City as it stood two or three years ago. Louis Noll, 151 Executive Circle, stated that when he moved in four years ago, the grove was under different management and was a quiet little grove that did not operate in the summertime. It changed hands in August, 1992 and then there was barrage of signs up and down Lawrence Road. In February, t992, they intro- duced alligator wrestling. Mr. Noll said he was told by County Code Enforcement that the ~lligators are grandfathered. However, Mr. Noll pointed out that they were not ~here previously and that five of them have been brought up from Broward County. Mr. Noll continued that in the season, they run a tram ride every half hour. The loud speaker from the tram ride can be heard from his -5- NINUTES -PLANNING AND DEVELOPMENT BOARD HEETING BOYNTON BEACH, FLORIDA JUNE 14, 1994 house. In addition, a loud truck starts up every morning at 5:00 A. M. He felt this is ruining his property value. Joseph Cervler~, 141 Executive Circle, stated that we should look carefully at whether the people that want to come into the City are the kind of people who want to comply with the laws and regulations, or if they want to circumvent them. He suggested making them disavow any benefit they might receive from a grandfather clause. Jerr$$~mmer$, 149 Executive Circle, stated that when he moved in four years ago, there was a main entrance off of Knollwood Road and there was only one sign, indicating the entrance at Knollwood Grove. In the back, there was a dirt lane with a gate, used for tractors. This road has suddenly been repaved and the gate t~ken away and another sign has gone up, indicating that this is an entrance. This has increased the traffic directly behind his house. He also complained of the noise, especially the trucks early in the morning. He had no objection to it coming into the City, but he objected to it coming in with grandfather activities that are nonconforming. Joe L~zo~te, 155 Executive Circle, agreed with all the other public speakers and ~emplained of the signs and the noise from the trucks. He explained that a year ago April, the police had to be called at midnight because excessive noise was coming from the grove. Apparently, a party had been going on there. Barb~a I)w~er, one of the new owners of Knollwood Groves, has worked for Knollwood Groves since lg70. She stated that Knollwood Groves is part of the community heritage. We are a valuable asset to the community. We have always bee~ known for our attractions, as well as our citrus and gift shipping. We've had elephants rides, Seminoles making their crafts, alligators, monkeys, birds, and numerous other attractions that make Knollwood Groves a place that people want to visit. We offer educational tours through the groves and native ham- mock, which is one of the few left in the area, We offer fresh vegetables and fruit. We make juice daily and we are a charter member since 1945 of the Florida Gift Fruit Shippers Association, which,was organized to transport our gifts north. Part of our heritage is that our first trees were planted by the famous Amos and Andy comedy team. We are a small agricultural enterprise. Unlike the thousand acre~ groves out west, we grow and retail citrus products. Instead of mass producing the product a~d selling it to wholesale, we have to have a retail market to sell our specialty products. We understand the previous owner signed an agreement, and we are not opposed to annexation. Nowever, we do exist as a business as we have since i930. We are concerned that we are accepted i~to the City as the business we are. We cannot operate a business and be successful if we canner produce and sell,our product. We need to repair and maintain o~r buildings a~d our facilities so that we are an asset to the com- munity. She stated that~ she did hold a p~ri~te party:last April which went until 11:00 P. M. She ~pologized pro~useiy. She apologized for the way the me~ia handled the alligator. Knollwood Groves' intent all along has been totally a~d consistent ~ith an educational Opportunity to explain native Florida. The media has sensationalized it on their own. We have been working for the last six months to change that image. It is an alligator exhibition. -6- H~[NUTE$ . PLANNING AND DEVELOPHENT BOARD HE~ING ~YNTON BEACH, FLORIDA JUNE 14, 1994 We have school tours that come in during season every day that we take through the groves and the native habitat. With regard to the signs, she apologized, saying that business was not doing well. You cannot see Knollwood Groves from the road. We did not know that you could not put signs on your own property. We needed to let people know we were there. We feel at this point we have told people we are there. We need to have business in order to survive. Louis No11, stated that Tropical Tours, who brought in the alligators and the Indian village, has no permit in Palm Beach County or in Lake Worth where they are based. Their occupational license in Lake Worth is for a construction com- pany at that site, and they only allow one occupational license per site. Bob Becket, has been a resident of Sunny South Estates on Gateway Bouelvard, east of Lawrence Road, since 1985. He stated that there has been a distinct change in the mode of operation of Knollwood Groves in the last two years. Pre~iously, you never knew they were there. There has been a proliferation of signs on Lawrence Road. They also have some very amateurish signs on Gateway Boulevard, just west of Lawrence Road. Since no one else in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. Mr. Winters felt Knoltwood Groves is not grandfathered. He felt there needs to be a regulation for signage. He stated that you have to apply for a permit for signs, even if they are on your own property. If we annex them into the City under these rules and regulations, are we getting what we get. Ms. Heyden advised that if not permitted in the City's zoning code, they would De annexed as legal, nonconforming uses, She advised that the Planning and Zoning Department is trying to ascertain what exactly is permitted in the County and what is not. In response to Mr. Winters, Ms. Heyden advised that the City does not allow alligator wrestling. In response to Mr. Winters, Messrs. Leslie, Noll, and Summers indicated that they would not object to this property coming in as a grove. Ms. Heyden advised that the City is very interested in annexing this property because it is contiguous and has an impact on other properties in the next step of the program. She believed that between now and the time this property is formally annexed, the Planning and Zoning Department can ascertain from the County exactly what is permitted. She did not recommend postponing this matter. Ms, Heyden confirmed for Vice Chairman Dube that if it is illegal today, then it cannot be grandfathered. Mr. Winters asked if this is annexed tonight, does this Board get another shot to make sure it conforms to our rules and regulations. Ms. Heyden explained that first of all it has to go through the State, which is a lengthy process. It would not come back before this Board. It would come back to the City -7- MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTOH BEACH, FLORIDA JUNE 14, 1994 Commission for first and second reading of an ordinance. The ordinance will probably not be presented to the City Commission until December, 1994. Mr. Rumpf advised that staff has met with Mr. Noll and the property owners and has visited the site. Staff has been informed by the owner that they are calling it "exhibition" because it is not wrestling any longer. There is no physical con~act with the alligators. The alligators are there for educational purposes. The name has been changed to describe the new use. He saw the area and it appears that it is to~ally an educa~onal aspect. The woman connected with the wrestling aspect is no longer associated with the business. Mr. Gram asked how many code violations the County cited and the current status of those violations. Mr. Rumpf advised that staff has not conducted a major investigation on this property. In speaking to one of the County Code Enforcement Officers, the only thing that had beem cited are the signs. The owner had removed many of those nonpermitted Signs and is in the process of permitting those which exist now. Mr. Weigle asked if the City would be able to enforce its sign code if this property is annexed. Ms. Heyden advised that the sign code is going to be amended. There is currently a six month grace period for nonconforming signs, which will be extended for billboards only for a five year period. Any non- billboard si,gn would still be required to be removed or brought into compliance within six months after annexation. She stressed that whether the signs are permitted or not, after they are annexed, if they do not conform to our Code, they would have to be removed or brought into compliance. Mr. Weigle asked about entrances and roadways that have been put in that may or may not be legal according to our codes. Ms. Heyden advised that this is a Code Enforcement issue. If they were permitted in the County, they would be legally nonconforming and grandfathered. Mr. Gram suggested reviewing the City's noise ordinance to see if the noise at Knollwood GrOves is excessive. Motion Mr. Weigle moved to deny this annexation proposal to annex Knollwood Groves at this time. Mr. Gram seconded the motion. The motion carried 5-1, Chairman Lehnertz dissenting. Project Name: Owner: Location: Description: Annexation Program Application #3 Epstein Propert~ e/k/a Sausallto Groves Maurice Epstein, Trustee 31.34 acres at the northwest corner of Lawrence Road and Gateway Boulevard Request to show annexed land as Moderate Density Residential and rezone from RM (Multi-Family Residential Medium Density) in Palm Beach County to R-1 (Single Family Residential). -8- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OUNE 14, 1994 Mr. Rumpf advised that the Epstein property is managed by Maurice Epstein. The subject property is undeveloped and, based upon the existence of fruit trees, may have once been used as a commerical citrus grove. Nowever, three different development proposals have been approved for this site by Palm Beach County, beginning with a plan for 210 garden apartments in 1983. Subsequent proposals have included a mobile home park and ACLF in 1989, and most recently, a plan for 164 duplexes. The existing land use is HR8 (High Residential 8) (six dwelling units per acre) in Palm Beach County. The proposed land use is Moderate Density Residential (7.26 dwelling units per acre). With regard to existing land uses, the L-21 canal is to the north. Farther north is Boynton Nurseries. To the east is Lawrence Road. Farther east is Lawrence Lake PUD. To the south is single family. Farther south is Gateway Boulevard and Royal Manor Mobile Home Park. ROyal Manor Mobile Home Park is also to the west. The Comprehensive Plan Future Land Use Map does not recommend land use designa- tions for unincorporated properties west of Lawrence Road. Therefore, in selecting a land use classification, staff considered densities of adjacent developmentS, Palm Beach County's land use and zoning classifications, and spe- cifically, the dens:~ty of the current development plan fo' the subject property. The County's land :se and zoning designations for the surrounding area have maximumdensities which range between 5. and 8 dwelling units per acre. Furthermore, the density of the approved development plan for this property is 5.2 dwelling units per acre. In order to maximize consistency with the County's allowable densitieS, staff recommends the Moderate Density Residential classifi- cation which has a maximum density of 7.26. Mr. Rumpf read the following languag~ from the Comprehensive Plan: "Those parcels along the west side of Lawrence Road, north of Old Boynton Road, which are in the Oounty's Medium-Medium High 9ensity land use category (8-12 dwel~lingq per acre) should be limi[ed to 5 dwelli!ngs per acre, however, in order to prevent land use conflicts with the surrounding tow-density projects." This request for annexation, which is in accordance with the City's annexation program established pursuant to Policy 8.10.4, is consistent with Florida law. Based upon maximum densities allowed, the proposed designation represents a slightly more restrictive land use classification than the County's current designation. The current development proposal consists of 164 duplex units built at a gross density of 5.2 dwelling units per acre. Based strictly on density, staff is proposing the R-1 Single Family Residential zoning district, which allows a maximum gross density of 5.58. However, it should be noted that the R-1 district is limited to single family dwelling units. Furthermore, it should also be noted that staff was originally aware of an approximate density to be proposed for this site; however, zoning and site plan approval for duplex units was considered by Palm Beach County after the R-1 district was selected by staff and legal notices were mailed. -9- MZ~UTE$ -PLANNING AND DEYELOPI4ENT BOARD HEETING BO'¥HTOH BEACH,. FLORIDA JUNE 14, 1994 The Planning and Zoning Department recommends that this application submitted in connection with the annexation program be approved based on the following: 1. The subject property is contiguous to the corporate limits; 2. The subject property ties within the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's annexation program; and 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. Chairman Lehnertz inquired what it would do to the current development if this annexation were approved with the zoning recommended by the Planning and Zoning Department. Mr. Rumpf advised that staff would probably recommend that the applicant bring that project into the City in the form of a master plan for a PUD. In response to Chairman Lehnertz, Mr. Rumpf advised him of the densities of the areas adjacent to this. Llndsey Walter of Kilday & Associates, represented the property owner. He stated that the County has approved a multi-family duplex project, which the property owner went through great length to obtain, The zoning category pro- posed is strictly for single family. Mr, Walter stated that the multi-family duplex project is more much viable in today's economy. Chairman Lehnertz pointed out that there is not a PUD zoning as such. However, typically anything that is residential could be developed under PUD regulations. No one else wishing to speak on this matter, Chairman Lehnertz declared the public hearing closed. Vice Chairman Dube asked what the proposed build out date is on the duplexes. Mr. Walter said it was 1996, based on traffic. The owner has concurrency exemp- tion for 164 units. Vice Chairman Dube moved to approve the request to show the annexed land, Epstein property, as Moderate Density Residential and rezone from RM in Palm Beach County to R-l, Single Family Residential, as recommended by staff. Mr. Winters seconded the motion, which carried B-O. Project Name: Owner: Location: Description: Annexation Program Application #4 Heartland Health Care Center Health Care and Retirement Corporation of America 5.75 acres on the south side of Old Boynton Road, approximately 300 feet west of Knuth Road Request to show annexed land as High Density Residential and rezone from RM-SE {Multi-Family Residential Medium Density} in Palm Beach County to R-3 {Multi-Family Residential). - 10 - HZNUTES - PLANN]~NG Al'ID DEVELOPHEHT BOARD HEETING BOYNTON BEACH, FLOR]'DA ,.1UNE 14, 1994 Mr. Rumpf stated that this property is occupied by the Heartland Health Care Center and owned by Health Care and Retirement Corporation of America. The HeartlanO Health Care Center is a 120 bed, skilled nursing home which speciali- zes in the care of those with Alzheimer's Disease. The existing land use is HR8 (High Residential 8) in the County. The proposed land use is High Density Residential in the City. The adjacent land uses include Old Boynton Road to the north and single family homes farther north. Vacant property is to the east. Farther east is the Little Dude Ranch. To the south is Oakwood Lakes Condominiu~ and Carriage Gate Condominium is to the west. The Comprehensive Plan Future Land Use ~ap recommends land use classifications for this unincorporated area, Through the Comprehensive Plan, this adjacent area was designated with a land use classification based upon its access, the commercial uses to the east and south, the activity generated by the Boynton Beach Hall, and the relatively high density developments to the west. Staff therefore proposes to amend the Future Land Use map to show this annexed prop- erty as High Density Residential. Based upon allowable maximum densities, the proposed designation is less restrictive than the County's current future land use classification. This designation is based upon the City's Co~rehensive Plan. It should be noted that the nursing home will be considered nonconforming within the City of Boynton Beach zoning district. The Planning and Zoning Department recommends that this application submitted in connection with the annexation program be approved based on the following: 1. The subject property is contiguous to the corporate limits; 2. The subject property lies withi~ the City's Reserve Annexation Area; 3. The annexation of this property is consistent with the City's annexation program; and 4. The proposed land use amendment is consistent with the goals, objectives anc policies of the Comprehensive Plan. Since no one in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. Notion Mr. Weigle moved to approve the request to show annexed land as High Density Residential and rezone from RM-SE in Palm Beach County to R-3, Multi Family Residential for Heartland Health Care Center. Vice Chairman Dube seconded the motion, which carried 6-0. Project Name: .Owner: Location: Annexation Program Application #5 Greentree Plaza I Palm Coast Financial Corporation 1.20 acres at the northwest corner of Boynton Beach Boulevard and Knuth Road - 11 - NINUTES - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA OUNE 14, 1994 Description: Request to show annexed land as Local Retail Commercial and rezone from CG-SE (General Commercial- Special Exception) in Palm Beach County to C-3 (Community Commercial). Mr. Rumpf advised that this property is occupied by the Greentree Plaza I shopping center and owned by Palm Coast Financial Corporation. This is a small plaza with various individual uses such as a bank, video rental store, and an electronics repair shop. The existing land use is C/8 (Commercial/8) in Palm Beach County. The proposed land use is Local Retail Commercial. With regard to the adjacent land uses, the L-24 Canal is to the north. Oakwood Lakes Condominium is farther north. Knuth Road is to the east. Greentree Plaza II is farthen east. Boynton Beach Boulevard is to the south. Farther south is Knuth Road PCD, and A commercial hair salon is to the west. The Comprehensive Plan Future Land Use Map recommends land use classifications for ~his unidco~porated area. Based on the proximity to Boynton Beach BouleVard and the existing commercial uses,: the Plan appropriately recommended this area to be designated as Local Retail Corr~ercial. The Planning and Zoning Department recommends that this application submitted in connectio~ with the annexation program be approved based on the following: 1. The subject property is contiguous to the corporate limits; 2. The s,ubject property lies within the City's Reserve Annexation Area; 3. The ~nnexation of this property is consistent with the City's annexation program; and 4. The ~roposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. Since no one in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. Xotton Vice Chairman Dube moved to accept the annexation request of Greentree Plaza to show the annexed land as Local Retail Commercial and rezone from CG-SE in Palm Beach County to C-3. Mr. Weigle seconded the motion, which carried 6-0. Abandonment Project Name: Agent: Owner: Location: Boynton Lakes Plaza Simmons & White, Inc. Boynton Lakes Partnership Northwest corner of Boynton Lakes Boulevard and Plaza Lane - 12 - NINLq'E$ - PLANNING AND DEVELOPNENT 8DARD NEETING BOYNTON BEACH, FLORIDA JUNE 14, 1994 Description: Request to abandon a portion of a special purpose utility easement located at the southwest corner of Cuco's Restaurant. Mr. Haag used the overhead projector to point out the location of the special purpose utility easement. He stated that due to the deletion of the double detector check valve assembly at Cuco's Restaurant, this portion of the utility easement is no longer needed. The Engineering Department is waiting for a response from the utility companies regarding whether or not there is any concern with the abandonment of this ease- ment. The Engineering DePartment, in its Memorandum No. 94-169, recor~nends that t~is matter be approved subject to the applicant adhering to the conditions received from the utility comq°anies. Mr. Haag stated that this will all take place prior to approval of the resolution. Since no one in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. Notion Mr. Weigle moved to approve the request of Boynton Lakes Plaza to abandon the special purpose utility easement, subject to all staff comments. Mr. Gram seconded the motion, which carried 6-0. e Project Name: Applicant: Owner: Location: Description: Ra~lroadAvenue Burton Netsch City of Boynton Beach East of the F.E.C. Railroad, west of 5t3-515 S. E. 4th Street and approximately 1OD feet north of S. E. 5th Avenue Request to abandon the portion of Railroad Avenue that abuts 513-515 S. E. 4th Street Mr. Haag used the overhead projector to point out the location of the portion of the right-of-way requested to be abandoned, He stated that residential property is located north and south of this abandonment. Railroad tracks are located on the west side. The applicant presently has a site plan in review to develop a portion of the property. Through the site plan review process, the project got very tight along that western property line. Therefore, he is seeking an aban- donment to relieve some problems for traffic flow on this site plan. Pursuant to Engineering Department Memorandum No. 94-I67, the utilities companies have not yet responded. The Engineering Department recommends approval, subject to the applicant adhering to the conditions received from the utility companies. Since no one in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. - 13 - NINUTES - PLANNING AND DEVELOPMENT BOARD NEETING BOYNTON BEACH, FLORIDA JUNE 14, 1994 Notion Vice Chairman Dube moved to accept the abandonment of the property on Railroad Avenue located east of the FEC Railroad, west of 513-515 S. E. 4th Street, approximately 100 feet north of S, E. 5th Avenue, subject to all staff comments. Mr. Winters seconded the motion, which carnied 6-0. Conditional Use Project Name: Agent: Owner: Location: Description: St, ~oseph's Episcopal Church and School James A. Ballera~o, Jr. St. Joseph's Episcopal Church and School 3300 South Sea'rest Boulevard Request for Conditional Use approval of an expansion to include a new gymnasium and classroom building. Mr. Haag used the overhead projector to display the site plan. He stated that the abutting land uses are basically all residential. He reviewed some of the standards for evaluating a conditional use, He stated that in evaluating this application, the Board should consider the effect of the proposed use o~ the general health, safety and welfare of the community. There are two ingresses and egresses to the site. There is a two-way driveway entrance to the site on Seacrest Boulevard. It travels through the site to Swinton Avenue, where there is an ingress and egress. Both of those are two- way, The site is well open for vehicle movement for fire safety reasons as well. Mr. Haag pointed out the off-street parking on the overlay. The proposed request is to add a gymnasium and a school building. There was a shared parking study for this project to make sure there were enough parking spaces to accom- modate all the uses. The parking study indicated that the peak parking demand will occur duning use of the gymnasium. Therefore, this project is required to have ~33 parking spaces. The plan indicates 133 parking spaces; however, there is a problem with the parking. In one area, some of the parking spaces were added to the site sometime since the previous approval in 1988. tn another area, there are Only 19 parking spaces, but the 1988 plan indicates 30 parking spaces. Three parking spaces interfere with the proposed dumpster location and must be moved to accommodate the turning radius of the dumpster truck, or the dumpster enclosure must be located in another area of the site. Mr. Haag advised that the applicant is requesting a landscape variance for a portion of the required vehicle use area screening. Mr. Haag advised that a Board of Adjustment variance is being requested for an additional six feet in building height in connection with the new gymnasium and is scheduled to be heard on June 20, 1994. The Public Works Department is concerned about the parking spaces by the dumpster enclosure. The Utilities Department believes the utility plan will - 14 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH,, FLORIDA ,)UNE 14, 1994 require approval by the County Health Department. The Engineering Department comments relate to site lighting, which will be handled at permit time. The Building Department comments concern the height, which the applicant will be requesting a variance for. The Forester's comments regard the disturbance of existing landscaping material. The Planning and Zoning Department has some con- cerns with the existing parking facility, which needs to be adjusted to accom- modate the 133 parking spaces. Staff also has some other concerns regarding the elevations proposed for the height. The applicant has indicated some elevations on their request for the height exception. Those elevations need to be identi- fied on the plan. Staff recommends that there be some entrance landscaping off of Seacrest Boulevard and Swinton. Staff also recommends that some additional trees (mid size and tail) be added along the east side of the building. Staff recommends approval of the request, subject to all staff comments, and subject to the building permit plans being modified to show compliance with City codes. James Bal%erano, agent and attorney for the owner of the property, accepted staff's recon~nendations relative to their comments and requirements for modifi- cation of the plan. He thanked them for the work they have done thus far and looks forward to a favorable response this evening. Mr. Weigle asked how 30 spaces are going to fit in where there are 19 now. Mr. Haag explained that there were originally 30 spaces there. However, the angle of the spaces was changed to diagonal, thus reducing the spaces to 19. Mr. Ballerano stated that those modifications were requested in 1988 at the time that the last expansion was done and that the reconfigeration of that lot from 30 to 19 was at the direction of City staff to resolve those issues as to where the City would like to see all of the 133 spaces located. The site is large enough to accommodate 133 spaces. Mr. Weigle asked how Mr. Ballerano felt about staff's recommendation for addi- tional trees on the east elev~ation. Mr. Ballerano stated that the landscape budget has to be reviewed. He stated that perhaps some of the existing trees can be relocated. He advised that he will work with staff to try to implement their recommendations to bring the taller trees into that area to screen the larger facade of the building. Since no one in the audience wished to speak on this matter, Chairman Lehnertz declared the public hearing closed. Motion Vice Chairman Dube moved to approve the expansion of St. Joseph's Episcopal Church and School, the conditional use approval, for a new gymnasium and classroom building, subject to all staff comments and recommendations. Mr. Winters seconded the motion, which carried 6-0. - 15 - MII~JTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 14, 1994 Administrative Appeal Landscape Appeal Project Name: Agent: Owner: Location: Description: St, Joseph's Episcopal Church and School James A. Ballerano, Jr. St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard Request for approval of an appeal to Sections 7.5-35{d} and (e) of the Landscape Code regarding installing required vehicle use area screening {hedges). Mr. Haag used the overhead projector to show where the code requires vehicle use area screening. He stated that it must oe a continuous hedge, two feet on center and eighteen inches in height at planting. There is also a requirement for trees to be spaced every forty f~et on center. He pointed out the areas the applicant is requesting relief fr~m. He displayed the 1988 site plan and pointed out the location of the landscaping ~ateYial that was supposed to be in place. He reviewed staff's recon~nendations, which are contained in Planning and Zoning Department Memorandum #94-165. Mr. Ballerano was in agreement with staff's recommendations and conditions to the approval. Motion Mr. Weigle moved to accept the appeal of St. Joseph's Episcopal Church and School landscaping appeal, subject to all staff recommendations. Vice Chairman Dube seconded the motion, which carried 6-0. At this point in the meeting, Chairman Lehnertz declared a recess at 8:55 P. M. The meeting resumed at 9:08 P. M. City Attorney Cherof did not return yet. Community Design Plan Appeal Project Name: Applicant: Owner: Location: Description: Coastal Gas Station Steven E. McCraney McCran~y Petroleum Company 2508 N. Federal Highway Request for approval of an appeal to the Coastal Village Design District colors to allow black, white and crimson on the fascia of the existing canopy and building. Mr. Haag stated that the colors for the Coastal Village District are beige, yellow, eggshell, and blue to gray tones. The request is to allow black, white and crimson around the canopy, over the gas pumps, and around the fascia of the existing building. He displayed an overlay of the locator map and site plan. Photographs of the site and drawings of the canopy, color scheme, and signage were displayed on the easel. Mr. Haag advised that this is a nonconforming site, legal at this time because it has an occupational license. It will remain - 16 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTUN BEACH, FLORIDA JUNE 14, 1994 intact as long as that license is kept active. Staff recommends approval with the follOWing stipulations: 1. Soften the appearance of the fascia by omitting the vertical and horizontal white border that creates the 2'10~" rectangles; 2. The underside of the canopy, light fixtures and the support columns for the canopy remain white to be compatible with the fascia; and 3. The proposed signage shall comply with the Sign Code. Mr. Winters asked the reason for staff's recommendation to eliminate the verti- cal and horizontal stripes. Mr. Haag advised that this color is not allowed and staff feels it looks a little busy. Steve ~cCraney understands that this is a nonconforming use. He also unders%ands that the City does not want the size of the canopy or the building increased. He had difficulty with breaking up the pattern, the black background with the cubi~ng on the canopy, He stated that Coastal funds him to do this work and if he does not do it to stick with the Coastal logo, it would not be funded. He advised that he is looking to bring the property up and make it the best possible situation. He stated that the character of this is important. He is looking to bring out quality and not diminish the neighborhood in any way. He pointed out that if the canopy was black, it would probably look flat. When done p.roperl~, Mr. ~cCraney advised that these places look nice. This is the only plr~p'~rty not yet transformed. The most recent property transformed is in Fort Pierce, Mr. McCraney advised that it has been well accepted by each County and eQeh municipal, ity he has gone into. He pointed out that he has cleaned up this ~i~perty. He was~agreeable to doing the canopy but not the building. He would ti~e to~ keep the flow of the coior going. He pointed out that black and white are neutral, or non colors. He was looking to give the commun~ity quality. He is redoi~g~ the landscape. He pointed out that the City has: already approved a sign ~hat has the same colors. He is ldoking to bring the quality of the pro- perty up from what he considers to be substandard quality at this point. In response to Mr. Weigle, Mr. McCraney advised that the undersides of the canopy a~nd. the support columns will be flat white. He stated that h:e has all his properties pressure cleaned once a month. Chairm~n Lehnertz expressed concern about granting relief regarding color schemes. Mr. McCraney did not think anyone could match his prices and service. He stated that he likes to do things right. Hebelieves in quality and a good appearance, even at the cost of profitability. He believes if you do all those things right, there would be more profitability. His intent is to give the consumer a better standard of service, a better quality look, a better landscape, and as pleasurable of a shopping experience as possible. Mr. Weigle felt that what Mr. McCraney is proposing is definitely an improvement over what is there now. He did not see a need for staff's comment relative to eliminating thewhite stripes and felt they would lessen a solid black impact. Vice Chairman Dube agreed. - 17 - HZNUTES - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA JUNE 14, 1994 At this point in the meeting, City Attorney Cherof returned. ~otlon Mr. Weigle moved to accept the appeal of the Con~nunity Design Plan regarding colors for the Coastal Gas Station, subject to all staff recommendations, with the exception of staff recommendation number 1. Vice Chairman Dube seconded the motion, which carried 5-I, Chairman Lehnertz dissenting. C. Site Plans New Site Plan Project Name: Agent: Owners: Location: Description: Augy's Restaurant Plaza Augy Vultaggio Anthony Nannino and Ooe Vultagglo 640 W. Boynton Beach Boulevard Request for site plan approval to construct a 6,623 sq. ft. multi-tenant building with associated parking, landscaping and signage. An overlay of the site plan was displayed. Mr. Haag stated that the proposed site is 34,000 square feet. The building will be 6,623 square feet. It will be divided into a restaurant (2,888 square feet) and retail stores (3,775 square feet). The surrounding land uses and zoning districts are as follows: North - C-2 - Boynton Beach Boulevard with a Texaco gas station across the street {farther north} South - R-lA - Single family houses across N. W. 1st Street East - C-2 and R-2 - Approach to 1-95 on north and apartments on south of lot West - C-2 - Commercial (medical office) building This project had to meet concurrency for drainage levels of service, as well as traffic. There are two driveways. There is an entrance off of Boynton Beach Boulevard that goes directly to thee residential street. All driveways are two-way. Upon exiting the sit~, traffic will be able to go eastbound only. The entrance off of Boynton Beach Boulevard will be a south turn into the site if you were going east. The parking facility wraps around the building. The design requirements were met for the number of spaces. The dumpster enclosure is located on the southeast portion of the project. The building entrances face Boynton Beach Boulevard. The landscaping is in compliance with the Landscape Code. The abutting zoning district is residential. A site wall is required on the interior property line, which has been provided. However, the applicant is leaving the site wall on the property line. The Code requires that it be set back two feet from the property. The building meets the setback requirements, tot coverage, and height requirements. The site is located in the Mediterranean Spanish Design District, which the building has been designed to comply with. - 18 - NINUTES - PLANNING AND DEVELOPHEHT BOARD NEETIN$ BOYNTON BEACH, FLORIDA 4UN£ 14, 1994 (Colored elevations were displayed). The colors are also in compliance with the community design plan. A sign program has been proposed. The applicant is going to use a green color channel letter sign for the retail tenants as well as the restaurant. There is also a freestanding sign located by Boynton Beach Boulevard. It has similar design characteristics of the building. There is a tile roof around the north and west side of the building. The letter style will be Helvetica Medium, There will be green on the freestanding sign as well. The detail around the parapet wall will be a mauve color. The Engineering Department's comments will be satisfied at permit time. The Building Department requested signage. They did not yet review the sign for size; hOwe~er, it wilt meet the Sign Code at permit time. Staff's comments are as follows: I. Two signed and sealed sets of drawings are still required; 2. Uni'ty of title is still required and must be obtained prior to building per- mit being issued; 3. Buffer wall still must be moved farther west or a variance obtained; 4. Please delete from the drawing the compact car comments on the first diago- nal space from the buffer wall {south side); 5. Plea.se indicate on the drawing the maximum spacing for treess; and 6. Drawings need to be made consistent with each other, particularly with respect to curbs around parking area. The site plan must show all features. Staff's recommendations are as follows: To reduce the impact of the blank wall facing the residences located south of the project, add a decorative roof treatment over the doors located on the south side of the building; and 2. Consider an alternate location for the dumpster enclosure that would be as far away from the residences as possible. With regard to recommendation number 2, Mr. Haag advised that the dumpster enclosure is very close to the residential areas. He advised that Public Works is willing to work with the applicant to relocate the dumpster enclosure. Mr. Haag pointed out that some parking spaces can be eliminated because there are extra parking spaces on site. Staff recommended approval of the project, subject to compliance with staff com- ments and the working drawings being in compliance with the aspect of the City Ordinance. Mr. Weigle asked what it would do to the site plan if the buffer wall was moved two feet. Mr. Haag advised that it really would not do anything and it would not affect the setbacks. Chairman Lehnertz asked why a driveway could not be put at the stop light instead of further to the west. Mr. Haag advised that that would incorporate some of the property to the east. Chairman Lehnertz asked if there was any kind - 19 - HZNUTE$ - PLANNING AND DEVELOPNENT BOARD MEETiNG BOYNTON BEACH, FLORZDA JUHE 14, 1994 of DOT restriction because of the proximity of I-gS. Mr. Weigle stated that if he owned that piece of property, he would like a stop light there; however, it does not quite line up right. In addition, there is an entrance ramp there. Augy V:ItaggJo is the owner of the site. He felt it was unfair that he has to move the wall. He stated that he needs that two feet for parking. In addition, an easement exists. He wondered how he would paint the wall without tres- passing onto other property, Mr. Vultaggio also felt it was unfair that the City will not allow him to have a canopy at the end of the building (east side) because of the setback and overhang. Chairman Lehnertz asked Mr. Vultaggio if he looked at trying to have one of the driveways line up with Industrial Avenue. Mr. Vultaggio stated that DOT does not know how to do this. He said he will look at the plans again. If DOT allows him, he said he would move it back. Mr. Haag explained that the first drawing that Mr. Vultaggio turned in showed an overhang on the east, west and north sides of the building. However, it did not comply With the setback requirement. Therefore, instead of Mr. Vultaggio reducing the size of the building, he omitted the overhang. Vice Chairman Dube pointed out that a variance is going to be required to put the wall on the property line and is out of the realm of the Board. Mr. Vultaggio stated that he will comply the best he can with regard to the dumpster. He said he can put a wall around the front of it so that it will not be offensive to the neighbors. He felt that was the only place to locate the dumpster so that the trucks can go straight in. Chairman Lehnertz pointed out that there are residential neighbors direc'tly across the streets, and restaurants generate a lot of garbage that causes a lot of unpleasant odors be- tween pickups. Craig Stanley, 640 N. W. 1st Avenue, felt the applicant was trying to put too much square footage on a very small lot. He felt traffic will be increased on N. W. 1st Avenue. He felt the retaining wall should go from the entrance to the corner and all the way back up so the residents do not have to see any of this. He stated that if DOT has put that one entrance where they put it, this whole project survives off of coming into a residential neighborhood, and this is a commercial project. It should be solely fed off of Boynton Beach Boulevard and should not increase the traffic on N. W. ist Avenue, which is a residential neighborhood. The children ride their bicycles in this neighborhood. William Sturgeon, 644 N. W. Ist Avenue, asked where the tractor trailers are going to unload goods for the restaurant and shops. He stated that they will never make the corner because there is not enough room there. He agreed with Mr. Stanley that the applicant is trying to put too much on a small lot. He stated that several years ago the dentist office was allowed. This office used to be a residential house. He understood that the dentist office was the only thing that was going to be allowed. He would like the residential and restaurant separated by a wall. - 20 - NINUTE~ - PLANNING AHD DEVELOPMENT BOARD NEE"TING BOYNTON BEACH, FLORIDA ~UNE 14, 1994 Susan C01vln, 623 w. Ocean Avenue, agreed with Mr. Stanley and Mr. Sturgeon about putting too much on this property. She expressed concern about the loca- tion of the dumpster and what this project will do to the property values. She was also concerned that another restaurant will be allowed on the vacant prop- erty of the 600 block on N. W. Ist Avenue. No one else in the audience wished to speak on this matter. Chairman Lehnertz pointed out that we have a two-way driveway onto N. W. 1st Avenue. which is a residential street. Many people live on that street and there are children riding bikes and tricycles along there. He did not feel it is appropriate to have a business driveway On that residential street, He said it may cause some problems for people who want to get to this site to make a U- turn to get into the driveway on Boynton Beach Boulevard. He said that whole area has ibeen and is a real mess, With Industrial Avenue and the curb cuts they s and Texaco being blocked up. He stated that there are residents concerns regarding safety ~houtd take precedence over out commercial site, particu- larl also felt there should be ! ~hat is not o~ly maintalned~ but landscaped along the southern and s of' this property. If the applicant claims that he cannotm~ve the then it seemed to Chairman Lehp~rtz that the site is too busy and redesigned. The du~qoster is right acrossthe street f~gm residences and ~ l~o~ated on ,the northwest conne~of this P~ope~ty instead of~'the southeast corher, He thi~:ks with a little, rearrangement and some n~engineering, thisP.Koj'ect ~utd be fine. He would rater see s~meth~ing developS: there rathe~ than a ~acant lot, ~but he felt w~ s~hoB~d not impose upon residents that have )ired the~6!for many ~ears simply ~o .~x~edia{e people g~tting in end out of a restaurant slate. Chairman Lehnertz passed the gavel and moved that this Board decline the request for ~ site plan approval for Augy's Restaurant to construct a 6,623 square foot mult4-tenant building with associated parking, landscaping, and signage, located at 640 W. Boynton Beach Boulevard. Mr. Gram seconded the motion, which carried 5-1, Mr. Weigle dissenting. D, Other Consistency Review Amendment ~o the $1gn Code to provide for a five ~ear Period for bringing nonconformln9 billboards on annexed proper~ Into compliance. Ms. Hoyden advised that the City is initiating this amendment to the Sign Code to provide fOr a five year amortization period for nonconforming billboards located on property annexed into the City. The Sign Code currently requires - 21 - H~UTE~ - PLAHH]'HG AND DEVELOPHENT BOARD HEET~NG BOYI, ITOH BEACH, FLORIDA OUHE 14, 1994 that the sign or advertising structure in the area annexed by the City be brought into compliance with all provisions of the Sign Code within six months of annexing. We have a five year amortization period for nonconforming signs on property in the City and the City Attorney has advised the Commission that we need to do the same for billboards. There are no Comprehensive Plan policies that pertain to this issue. Staff recommends that a determination be made that this is consistent with the Comprehensive Plan. Notion Vice Chairman Dube moved to approve the amendment to the Sign Code to provide for a five year period for bringing nonconforming billboards on annexed property into compliance and that this amendment is consistent with the Comprehensive Plan. Mr. Weigle seconded the motion, which carried 6-0. 2, ~nendment to the Zoning Code to change the parking space requirement for automotive I~nt and hotly shops. Ms. Heyden advised that this amendment was initiated by the City and is a change to the Zoning Code to revise the current parki,ng requirement for automotive paint and body shops. Currently, the parking ratio is one parking space for every 200 square feet of gross floor area, The Commission had directed staff to reduce the number of required parking spaces to one parking space per employee plus one per service bay. As with any proposed land development regulation, staff analyzed the current requirement against the proposed requirement. In doing that, staff conducted a study and randomly selected nine existing paint and body shops. Attached to the backed materi~al~ is a chart summarizing the results. The purpose of the stuffy was to,determine the number of cars parked at each site, the number of employe~s A~ eac~ shop, the number of service bays in each shop, and the squ~re f~otage of each sho~, In looking at the summary, there appears to be no direct Correlation between the number of service bays inside the building. Staff was concerned:about additional employees being added after the original occupational license was i3sued, which would require addi- tional parking spaces to be added. As part of their study, staff contacted Palm Beach County, West Palm Beach, Riviera Beach, Delray Beach and Boca Raton. Palm Beach County requires the same number of parking spaces as Boynton Beach. West Palm Bach requires three parking spaces per service bay and one per 500 square feet of enclosed building area. Riviera Beach requires one parking space for every 300 square feet, which is slightly less than ours. Delary Beach requires 4.5 parking spaces for every 1,000 square feet, which is slightly greater than ours. Boca Raton requires one for every 400 square ~eet, which is a little less than ours, There are no Comprehensive Plan policies that directly relate to this issue. Staff recommends that a determination be made that it is consistent with the Comprehensive Plan. Mr. Weigle noticed in the backup material that staff brings up many objections to dOing it th!is way. It appeared to Ms. Heyden that in two out of the nine - 22 - HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BO~NTON BEACH~ FLORIDA JUNE 14, 1994 cases, more cars are being parked than spaces required in the proposed ratio. This indicated to her that maybe employees is not a good criterion and that possibly between 250 and 400 would be a better ratio, based solely on square footage. Mr. Weigle agreed with her analysis. He felt basing it on the number of emp'oyees would complicate the whole matter. He pointed out that the number of employees can change all the time. From his experience in the automotive field, Chairman Lehnertz stated that while you can have one car in a bay, there could be two to six either waiting for that bay or have already used it. He suggested two parking spaces per bay instead of one. Heagreed with Mr. Weigle that expanding the square footage a little seems to make a lot more sense. Motion Vice Chairman Dube moved to find that the requested change is consistent with the Comprehensive Plan. Mr. Winters seconded the motion. Vice Chairman Dube recommended that the City Commission consider changing the amendment to somewhere between the current 250 square feet and 400 square feet, maximum, instead of what is contained in the proposed ordinance, The motion carried 4-2, Chairman Lehnertz and Mr. Weigle dissenting. Mr. Weigle concurred with Vice Chairman Dube that using one parking space per employee and one parking space per service bay should be amended to a specific square footage area, somewhere between the present and 400 square feet. Chairman Lehnertz echoed Mr. Weigle's sentiments. 3, Amendment to the Zoning Code to chan~e the maximum distance allowed for leased parkin~ in the Central Business District. Ms. Heyden advised that the City is initiating this amendment to the Zoning Code to correct a conflict regarding the maximum distance permitted to lease parking spaces in the Central Business District. In our Central Business District, we allow an applicant to lease parking within 800 feet of his building, as measured along a pedestrian walkway. However, in 1992, a payment in lieu of parking program was established. That parking distance was 1,000 feet and was based on straight line. We are trying to bring the two together so that the 1,000 foot requirement would be applicable to both sections and based on the same method of measurement, which is straight line. The proposed ordinance would require that signage be posted On the subject prop- ertY, indicating that there is parking elsewhere. There are no policies that pertain to this issue. Staff recommends that a determination be made that it is consistent with the Comprehensive Plan. - 23 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 14, 1994 Not1 on Mr. Weigle moved to find that this amendment to the Zoning Code is consistent with the Comprehensive Plan. Vice Chairman Dube seconded the motion, which carried 6-0. 4, Amendment to the Zoning Code to permit single family residences in the C-2, Neighborhood Commercial zoning district, Ms. Heyden stated that this amendment to the Zoning Code is to add residences as a permitted use in the C-2 Zoning District. This was requested by Timothy and Sherry Mattlin, who are the owners of the propperty at the northwest corner of Seacrest Boulevard and N. W. 1st Avenue, the location of the Blossom Shop Florist. The property is developed and is occupied by a two-story in a one story building. Within the two-story structure is a floral shop on the first floor and a residence on the second floor. Residential dwellings are not a per- mitted use in the C-2 Zoning District, making the existing residence a noncon- forming use. The current owners would like to add an addition to the residence, but pursuant to our Zoning Code, a nonconforming use cannot be enlarged, increased, or extended, On May 17, I994, this issue went before the City COmmission. The~CBmmi~sioners liked the idea of the mixed !u~e development. HOW~ver,m~' several conCe]rns were raised. Therefore, staff wasdirected to look at those concerns and return with draft language to this Board for a determination of consistency and input. The i's~ue of miked development~aS beenpreviously raised, in November, I989, the City CommisSion Kaisedthis issue ~gain. At that time, the City Attorney was to prel ~re a draft Ordinance, which went to the Planninga~( and ZOming Board,and they table w~nte~on~y to allow s'ingle lam necessary to t~e main use. The Zoni,n~ Districts fall into the Lo the COmprehensive P1an Local ~ u~e d~velopment. ~t~ff is p mil~nd~d as follows: Section to a pmrmitted, commercial us cial ~se. Ms. Heyden advise~ tha ces i~ C-2, C-3 and C-4 Zoning t~e main commercial use. A the sole use on a lot. No re~tri T~iswent to the City CommisSion amd appropriate for residents to used. handled, or displayed h~z~ an environmental review procedure: p~roqe~ure is adequate to cover th~ if ~hat limitation was placed on the Planning ;sion iS t C-3 ~egqry and llows mixed %he COde be ncidental 'the commer- resider- with ;ted as i~ntended. not be that we have this that you end up with a nonformlng use. She sta~ed ~hat~the and ~he ~s ~ome and go. Ms, Heyden ad~ed %ha~'~hece~was ~ integer to allow residen- cies'to, be. either at~ached, ,Jr deta~ed,,, : , ,pr.O,~ided, ,~. ,, they,, ~F~ on the: samelot,, with. on~ residence per commercial use. She proposed 750 sq~re fleet as the minimum li¥i"ng area. - 24 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OUNE 14, 1994 Motion Vice Chairman Dube moved to find that this amendment is consistent with the cOmPrehensive Plan and that the following section of the Zoning Code be amended as ShOwn below: Section 6.B.l.rr. - A single family residence, incidental to a permitted, commercial use, located on the same lot as the commercial use, with a minimum requirement of 750 square feet. Mr. Weigle seconded the motion, which carried 6-0. B, COMMENTS BY MEMBERS Chairman Lehnertz pointed out that there are openings for regular members on the Board and he hOped the City Commission would move the two alternates up into these pOsitions. 9. ADOOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:30 P. M. Eve Eubanks Recording Secretary (Three Tapes) - 25 -