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Minutes 11-10-92MINUTES OF THE PLANNING AND DEVELOFMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NDVEMBER 10, 1992 AT PRESENT Nathan Collins Dean Fleming Ken Johnson Bradley Miller ShirleyStevens Paul Davis, Alternate Nathan Sussman, Alternate ABSENT Gary Lehnertz, Chairman (excused) Marilyn Huckle, Vice Chairwoman (excused) Chris Cutro, Planning and Zoning Director Scott Frank, Assistant City Attorney Mr. Cutro announced that Chairman Lehnertz and Vice Chairwoman Huckle would not be present for the meeting and advised the Board of the necessity of electing a Chairperson. Ms. Stevens nominated Mr. Collins as Chairperson. Mr. Sussman seconded the nomination and Mr. Collins accepted the Chairmanship. PLEDGE OF ALLEGIANCE Acting Chairman Collins called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance to the Flag. INTRODUCTION OF NAYOR~ COMMISSIONERS AND BOARD NEMBERS Acting Chairman Collins acknowledged the fact that no City officials were pre- sent in the audience. AGENDA APPROVAL Mr. Cutro asked that Item "B" under Old Business, Stonehaven Howeowners Associa- tionl, be w~thdrawn from the agenda. Staff feels there might be a way to solve this~without haVing to bring the request to the Board or the City Commission. Acting Chairman Collins asked that a discussion be added under Other, #2, which relates to the possible use of Ezell Hester Community Center as a hurricane shelter. NOtion Ms. Stevens moved the adoption of the agenda as amended. Mr. Collins seconded the motion which carried unanimously. - 1 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORZDA NOVEMBER 10, 1992 APPROVAL OF HZ)lUTES Mr. Johnson questioned Mr. Cutro with regard to the arrangements made with the Stonehaven Homeowners Association. Mr. Cutro explained that staff has met with a consultant and they believe they are at a beginning point in solving some of the comments made by the Fire and Police Departments. This situation has been delayed due to a recent election which changed the Board members of the Stonehaven Homeowners Association. Messrs. Cutro and Haag met with Mr. Roger Bennett of the Stonehaven Homeowners Association who requested the item be withdrawn because he believes a solution can be found. I~tlon There being no additions, deletions or corrections, Ms. Stevens moved the ap- proval of the minutes of the October 12, 1992 meeting. Mr. Miller seconded the motion which carried unanimously. COMMUNICATIONS AND A~INOUNCIEMEN~S A. Report of the Pla~lng and Zoning Oepar~nt Mr. Cutro announced that Attorney Frank would be replacing Jim Cherof for the meeting since Mr. Cherof was ill. Mr. Cutro reviewed the agenda with Attorney Frank prior to the meeting. Mr. Cutro had no report from the Planning and Zoning Department. Ms. Stevens reminded Mr. Cutro of the situation at Atrium Place and the fact that only three sides of the building have been painted. Mr. Cu'tro said he will attempt to use powers of persuasion to get the fourth side of the building painted. OLD BUSINESS A. Determine if a nightclub use is allowable in the industrial land use category and the N-1 Zoning District (Re~nded by City Commission) Mr. Cutro reminded the Board members that this item appeared before the Board at the last meeting. This item was remanded back to the Board by the City Commis- sion because in identifying the M-1 zoning districts throughout the City, Mr. Cutro inadvertently forgot about a tract of M-] zoning located on South Congress Avenue east of Hunter's Run. This particular tract contains the last large developable pieces of M-] land in the City. Mr. Cutro thought this information might possibly have made a difference in the Board's decision. Mr. Cutro reviewed the M-1 districts throughout the City. They are as follows: a. on the east side of High Ridge Road, north of 22nd Avenue; b. a small piece of land located near the Industrial Avenue area which is north of Boynton Beach Boulevard and west of 1-95; -2- #lNUTE$ - PLANHZNG AND DEVELOPHENT BOARD HEET~NG BOYNTON BEACH, FLOR)DA NOVEHgER 10, t992 c. an area just off 4th Avenue to the west of the railroad tracks; and d. the land located in the area of Hunter's Run. Mr. Cutro reviewed the request for Mr. Sussman who was not present at the last meeting. He explained that if this request is granted, the request for this use cannot be limited to only one district. This use will then be permitted in all M-1 districts. He reported that this request was unanimously approved at the last meeting, but it has been remanded back because of the information which was left out. Ms. Stevens wondered if the definition of a nightclub had yet been received. Mr. Cutro said that definition has not yet been received, but if the request is approved, a definition will be sought. Ms. Stevens feels the location of this particular request is perfect, however, if such a use was permitted in the M-1 near Industrial Avenue, it would negatively impact the residential areas just as it would impact the residential area around the American Legion and those located in the area of Congress Avenue. She stated she would not support putting this use in the M-1 zoning because it would have a derogatory effect on the residential areas. However, she feels it is important to fiend a way to allow this request because the area in question is a perfect spot for this use. Mr. Cutro feels the best way to handle this would be as a conditional use, with one of the conditions being that there will be no detrimental effects regarding noise and traffic on the surrounding residential areas. Attorney Frank agreed this conditional use would be the means by which the City would be abt~ to maintain control. By making thisa conditional use, the use would not be permitted in all M-1 zones. Ms. Stevens asked for further cl:arification by inquiring, if it isa conditional use and the conditional use does not meet the requirement, would it ever be considered or brought before the Board? Attorney Frapk Stated that if it does not meet ~ith the conditions, it would not get thebenefit~of conditional use. Mr. Cutro Explained that s~ff would have to make a determination as to whether or nat noi~s~ and traffic Would-affect the residential areas. The applicant would th~n have an opportunity to solve the noise and traffi, c problems. Mr. Cutro Sta~ed that he does not have the ability to stop anyone from applying. Mr. Miller wondered about a distance requirement. Mr. Cutro advised that the City Commission recently abolished the distance requirement with regard to alco- holic beverages. In response to Mr. Davis' question, Mr. Cutro stated that the M-1 area on Congress Avenue is approximately forty to fifty acres in size with approximately half al~eady: developed. It was pointed out that adult entertain- ment is permitted in the M~i district. Bert Krebs, Landscape Architect with George Gentile & Associates, stated that the intended use is much less intrusive than adult entertainment which is currently allowed in this district. He further explained that this use would be beneficial to the area. They are currently working with Tri-Rail on a shared parking arrangement. This would supply more activity in the area which should ~aise the comfort level of the Tri-Rail users. He stated that they would no~ be opposed to a conditional use. -3- #IHUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH,, FLORIDA NOVEI4BER 10, 1992 In response to Mr. Miller's question, Mr. Cutro suggested three conditions which should be attached to this use. Those conditions should be traffic, parking and noise. He further explained the reasons for these conditions and pointed out that with regard to noise, the applicant would have to provide this information from a certified noise expert. Mr. Sussmen expressed his feeling that not enough information was available for the Board to make a determination. His statement was directly related to parking spaces. Mr. Cu~ro explained that such questions are specific to the site and the Board's responsibility at this point is only to determine whether or not to allow this use in the M-1 zoning district. The specific questions regarding whether or not a site meets the conditions are answered at ~he time of a conditional use hearing. H~tlon Ms. Stevens moved that the Board recommend to the City Commission that the use of a nightclub in the industrial land use category M-1 zoning district not be allowed. Mr. Sussman seconded the motion. The motion failed 3-4. {Ms. Stevens, Mr. Johnson and Mr. Sussman voted to deny this request.) Mr. Fleming pointed out that this request was approved at the last meeting based on the knowledge of all M-1 zoning districts with the exception of the area near Hunters Run. NotioQ Mr. Fleming moved that the use be allowed as a conditional use in the M-1 zoning district with the condition that it not have a negative effect on residential districts as to traffic, parking and noise. Mr. Miller seconded the motion which carried 4-3. (Mr. Johnson, Mr. Sussman and Ms. Stevens cass the dissenting votes.} Be Stonehaven How.owners Association (Continued from October 13, 1992) Consider request by Stonehaven Homeowners Association to construct gates on Stonehaven Drive within the Stonehaven PUD This item was withdrawn from the agenda. See previous discussion under "Agenda Approval" NEN BUSINESS A. PUBLIC HEARIND ABANDONMENT Project Name: Agent: Owner: Location: Description: Clare Alley Abandonment Michael S. Clare City of Boynton Beach North of West 7th Avenue and east of Federal Highway Abandon platted alley that is located at the rear of businesses on Federal Highway, north of NE 7th Avenue -4- MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLOR)DA NOVEMBER 10, 1992 Mr. Cutro made the presentation and explained that Michael Stuart Clare has requested the abandonment of 130' of a 20' alley adjacent to his property at 61t NE 7th Avenue. The alley is adjacent to Lots 22, 23, 24 and 25 of the Boynton Place Subdivision. Mr. Clare would like to incorporate e portion of this alley into his property and he will maintain it properly. This alley is currently not being maintained by the Cit~. This request was forwarded to Engineering, Planning and Zoning and Utilities and only Utilities had comments. They have requested that a 20' unen- cumbered easement Pe maintained because the sewer line is located in the alley. In addition, although the Engineering Department had no negative comments, Southern Bell has equipment in the alley and requires an easement as well. Mr. Henry Starr has submitted a request that the alley be divided so that he is given the lower 20'-30' and Mr. Clare be given the remaining 80'-100'. Mr. Cutro pointed out that this is not a normal procedure. When the alley is vacated, the width of the alley is divided in two and returned to the property owners on both sides equally, Mr. Cutro recommended adhering to the normal pro- cedure for abandonment. Staff recommends the alley be abandoned subject to the easement dedication requested by the Utilities Department and Southern Bell and recommended forwarding th~s request to the City Commission with a recommendation for approval. Mr. Miller confirmed that the Utilities Department and Southern Bell easements can overlap each other. Mr. Miller further pointed out that the back up states fences and trees may not be placed in the easement. Mr. Cutro stated a fence may not be placed down the middle of the easement to divide it. If ~ fence was installed, it would have to be a chain-link type fence which can be rolled back quickly if necessary. Henr~ Start of 720 NE 8th ~ spoke in favor of the abandonment. He confl~h~'f~-E~ ~-~a~--~ach property owner would get 10' of the easement and would be permitted to use the property. Mr. Cutro stated that parking could be created in the area as well as minimal landscaping. Mrs Naldonado~ 3024 East Palm~ spoke in favor of the abandonment. His property is directly'behind the alley and he pointed out that he had applied for a variance previously because he had no entrance or exit from his property. He is in favor of opening up the alley so that customers will have a safe means of leaving his property. Michael Clare) 611 NE 7th Avenue~ has no problem with the division of the alley and will have n~b~ct-i-6n to Mr. Maldonado using the alley as an access. He supports the abandonment of the alley. THERE WAS NO ONE PRESENT TO SPEAK IN OPPOSITION OF THE REQUEST; THEREFORE, THE PUBLIC HEARING WAS CLOSED. Motion Mr. Davis moved that the Board approve the ~bandonment of the alley that is located at the rear of businesses on Federal Highway, north of NE 7th Avenue subject to the easement dedications on the property. Mr. Sussman seconded the motion which carried unanimously. -5- MINUTES - PLANNING AND DEYELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA NDVENDER 10, 1992 SUBDIVISIONS gASTER PLAN HOD!FICATION Project Name: Agent: Owner: Lawrence Grove Enrico Rossi, P.E. K. Hovnanian Companies Location: Lawrence Road at the L.W.D.D. L-19 Canal, southeast corner Description: Request for approval of an amended master plan to reduce the width of a utility easement from 20' to 12' located between the Lawrence Grove PUD and the Meadows 300 PUD Tambri Heyden made the presentation. Ms. Heyden used an overhead projection to depict the easement in question. Ms. Heyden explained that one of the conditions of the Lawrence Grove PUD zoning approval was the construction of an extension of Bedford Boulevard which is a 60' driveway to connect to a dead end off Meadows Boulevard. The purpose of the condition was to provide an east/west emergency access alternative to Hypoluxo and Miner Roads and a looped water line system within Lawrence Grove which would connect to the existing utility system in the Meadows PUD. In January of 1990, the City Commission and the Planning and Zoning Board approved the reduction of the right-of-way to a 20' wide utility easement. They are now requesting this be reduced to a 12' wide utility easement. The City Commission recently made a determination that this is not a substantial change. Staff recommends approval as submitted, Mr. Davis asked for clarification of the Fire Department's concerns. Ms. Heyden explained that it is not a condition for approval; however, Mr. Cavanaugh reiterated the importance of the City doing everything possible to get an alter- native east/west access. At this point in time, the only way for the Fire Department to get to Lawrence Road is to use Hypoluxo Road or 22nd Avenue. When this project was originally approved, an alternative access would have been pro- vided, This reduction would still provide for the looping of the water mains. Rick Ro$$1~of ~o$$1 and Malavast Englneers~Ia¢,~ is the Engineer of record for Lawrence Grove. Mr, Rossi reported that a cost estimate was prepared and accepted by the City for the construction of the pipeline when the proper ease- ment is provided. Further, the County has been provided with a check for $75,000 to cover legal fees and acquisition of the easement from Mr. Foster. Also, a: bond has been placed with the City covering the cost of the pipe to be constructed within the easement. Motion Mr. Miller moved to approve the reduction of the easement from 20' to 12'. Mr. Sussman seconded the motion which carried unanimously. -6- NINUTES- PLANNING AND DEVELOPNENT BOARD NEETING BOYNTON BEACH,, FLORIDA NOVE]4BER 10, 1992 C. SIGN PROGRAH MOBIFICATION AESTHETIC REVIEW Project Name: Agent: Owner: Herman's Plaza Gerald Foland, Baron Sign Company Sigma Development, Inc. Location: 701 North Congress Avenue Description: Request to amend the existing sign program to allow for ~he installation of a freestanding sign at the subject property Mr. Cutro explained that when the Community Appearance Board existed, they reviewed elements of plans for consistency. Further, they had the ability to recommend waivers of certain elements of the Sign Code and the Landscape Code. The Planning and Development Board has now taken on those functions. Mike Haag made the presentation. The request is to change the existing sign program and omit the letter "Q" from: th~ Signage Criteria in order to allow a freestanding sign. The Sign Code doe~s.permit a freestanding sign. It was pointed out that Lionel Playwortd, Boyn~on Promenade and Gr~at Western all have freestanding signs. Some concerns were expressed by Board members regarding the ability to read the sign. Mr. Cutro stated staff will work with the owners to make sure the sign is readable. Gerald Foland of 2~3! Whirlawa~ Road~ Palm Beach Gart~ens~ stated he will follow the sign criteria which is established. They will use the same elevation on top of the sign which is currently in front of Herman's Plaza. In response to Mr. Fleming's question, Mr. Foland stated he will follow the City's requirements with regard to landscaping at the bottom of the sign. Currently, there is only grass in the area. The area is bermed and there is 5' 6" of unusable space on the lower part of the sign at present. Mr. Foland confirmed that there will be nine slots filled on the sign. The sign will be ~nternally illuminated with florescent tubes. The sign will have red letters on a white background with the stucco color matching the color of the building. In response to Mr. Fleming's request for landscaping at the base of the sign, the ~pplicant agreed to put HibisCus bushes at the base of the sign. Mr. Haag pointed out that the Sign Code requires ground cover at the base. Notion Mr. Johnson moved to approve the sign program modification for Herman's Plaza. Mr. Davis seconded the motion, Mr. Fleming asked that the requirement for ground cover be added and left to staff to work with the applicant regarding the type of ground cover required. -7- MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA NOVEMBER 10, 1992 The motion carried unanimously. D. USE DETERMINATION 1. Review request by Boynton Beach Church of God to allow day care center in a church located in the R1-AA district. Mr. Cutro made the presentation. He reported that according to the Boynton Beach Comprehensive Plan, day care centers, places of worship and schools are permitted in low density residential areas. Day care centers are permitted in all residential uses, office and local retail, mixed use and general commercial districts. The R1-AA district allows places of worship and accessory uses, but nursery schools are construed not to be accessory to places of worship. Therefore, to permit the day care center, this language must be removed from the R1-AA zoning regulations. This request is consistent with the Comprehensive Plan and because the church is required to have one acre of land, this use can be allowed as an accessory use to a church. Staff recommends the Board find this request consistent with the Comprehensive Plan and forward it to the City Commission with a recommendation that the R1-AA zoning district be amended to allow day care as an accessory use to a church. Mr. Davis wondered about the impact on traffic. Mr. Cutro reported that there are peak times involved with day care centers. There is a peak between 8:00 a.m. and 9:00 a.m. and another peak between 4:00 p.m. and 6:00 p.m. The drop- off peak is more intensive than the pick up since the pick-up times are more spread out. Mr. Cutro does not feel the traffic will be increased a great deal. Ms. Stevens is in favor of this as a conditional use because she feels there may be sites within residential areas where this extra traffic would be a problem. In response to Mr. Johnson's question, Mr. Cutro stated Dld Boynton Road is con- sidered a minor arterial. It will be widened to four lanes at some point in the future, but no improvements are scheduled for this portion at this time. Ron Sanderson, 3897 W1nfteld Road~ Bo~nton Beach) High Pastor of the Bo)nton Beach Church of God~ said when the building was originally built, it was done so in two~, They are currently looking at a 40' x 96' addition on the west end of the current building which will be used for Sunday School facilities and aday care center. The playground will be located behind the current building and will be entirely fenced. There are two entrances into the property. Motion Ms. Stevens moved to recommend to the City Commission that day care centers in a church be permitted as a conditional use in the R1-AA district. Mr. Johnson seconded the motion. -8- #ZNUTE$ - PLANNING AND OEYELOPI4ENT BOARD NEETIND BOYNTON BEACH, FLORIDA NOVEI4BER 19, 1992 Mr. Davis asked how a church which is non-conforming with less than one acre of land would be affected. Attorney Frank explained they could apply for the con- ditional use, but a determination would be made at the hearing regarding whether or not they would be able to meet the conditions required. The motion carried unanimously. E. OTHER 1. Cttru$ Park: Request for an extension for ftlln9 final plat from June, 1992 to November, 1993 Mr. Cutro made the presentation and explained that Citrus Park is located bet- ween the L-20 and L-21 Canals. This was originally approved in January of 1990 and expired in June, 1992. The applicant has requested the extension from the time the extension is approved by the City Commission. The Technical Review Committee has recommended approval of the extension from June, 1992, to June, 1993. There are no concurrency problems. The Building Departmen~ made two recommendations involving the removal of meunds of dead vegetation and main- tenance of a 50' property boundary. The applicant has agreed to the conditions. The Utilities Department recommended the payment of $15,66t.80 in reservation fees, but that requirement was not in place when the project was originally approved. RIck Ro$$1~ Rossi andNalava$1 Engineers In¢.~ made the request for the time ~nsion fro~ the--~Tm~--6~-~ Board's action, He advised that the County has a system whereby a three-month advance notice is supplied before expiration. In Boynton Beach, the applicant must take on that responsibility. Mr. Rossi feels the economy will pick up within this period and construction will be able to begin. Ms. Stevens asked for clarification on the detrimental effect to the applicant if the Board chose to deny the request to grant this extension until November, 1993. Mr. Cutro stated the City has done these extensions in one-year incre- ments. If one applicant is granted an odd amount of time, future requests will be Yor odd amounts. Mr. Cutro has no problem with Mr. Rossi's request, but suggested the extension be granted either until June, 1992 or until January, 1994. The January, 1994 date would allow for an eighteen-month extension which would allow the City to get back on a yearly basis with this applicant. This is a second extension for the applicant. Mr. Johnson questioned what the Code says with regard to extensions. Mr. Cutro reported that the Code is silent on extensions for filing the final plat. He explained that a tremendous amount of work goes into a preliminary plat here in Boynlton Beach. All the work for platting is done. It would be a huge loss to the applicant if that preliminary plat is lost. Mr. Johnson confirmed that most of t~e time extensions are a reflection of the economy. Mr. Cutro stated that mos~ of the extensions are because of the lack of available financing. Notion Mr. Fleming moved to approve the request with the date extension to January, lg94. Mr. Miller seconded the motion. -9 - #IHUTE$ - PLANHI~ AND DEVELOPI4ENT BOARD 14EETING BOYHTON BEACI.t, FLORIDA NOVEHBER 19, 1992 Mr. Sussman stated these extensions are constant. He wondered whether or not a motion should ~e made that this should be the last extension. Mr. Cutro said the City Commission has discussed this issue. When the economy begins to pick up, a policy decision will have to be made regarding extensions. Mr. Davis expressed his opinion that the TRC's recommendation was a good one and should be supported. The motion carried 5-2. (Mr. Sussman and Mr. Davis cast the dissenting votes.) 2. Consideration of Use ofEzell Hester Cm~munlt.vCenter as Acting Chairman Collins suggested a recommendation be made to the City Commission regarding the possible use of the Ezell Hester Community Center as hurricane shelter in the future. Considering the disaster which took place Dade County and the likelihood of substandard homes in Boynton Beach, the use of the Center would be of great assistance in times of emergency. Mr. Cutro agreed to take this suggestion to the City Manager and will suggest incorporating the use of this Center in the Hurricane Preparedness Plan. COI,INENT$ BY NENBER$ None ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:45 p.m. Prainito Recording Secretary (Two Tapes) - 10 -