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Minutes 10-13-92MIHUTE$ OF THE REGULAR PLANNING AND DEVELOPMENT BOARD HEETING HELD IH COI~IS$ION CHAMBERS=, CITY HALL=, BOYNTON BEACH=, FLORTDA=, OH TUESDAY=, OCTOBER 13=, 1992 AT 7.'00 PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairwoman Nathan Collins Ken Johnson Bradley Miller Shirley Stevens Paul Davis, Alternate ABSENT Dean Fleming Nathan Sussman (excused) Chris Cutro, Planning and Zoning Director James Cherof, City Attorney Michael Rumpf, Senior Planner PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance to the Flag. INTRODUCTION O..~F HAYOR~ COHHI$$IOHER$ AM~ BOARD MEMBERS Chairman Lehnertz introduced the members of the Board and City Attorney Cherof. AGENDA APPROVAL There being no additions, deletions or corrections, Ms. Huckle moved to approve the agenda. Ms. Stevens seconded the motion which carried 7-0. APPROVAL OF MINUTES There being no additions, deletions or corrections, Ms. Stevens moved to approve the minutes of the September 8, 1992 meeting. Ms. Huckle seconded the motion which carried 7-0. Chairman Lehnertz acknowledged the presence in the audience of Commissioner Aguila. COHHUNICATIONS AMD AMNOUHCEHENT$ A. Report of the Planning and Zoning Department Mr. Cutro distributed an article which was addressed to the Community Appearance Board. The article dealt with a landscape contest held in California and pointed out the problem of hatracking trees. Mr. Cutro also distributed a letter from the Stonehaven Homeowners' Association requesting Item C-1 be continued until the next meeting. Messrs. Winchester and Schroeder must meet with the Association at least one more time. - 1- NINUTES - PLANNING AND DEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 13, 1992 Mr. Cutro reported that the request to eliminate the existing fire lane at the Cross Creek Centre was denied by the City Commission. The vacation of the Uti- lity Special Purpose Easement by Carriage Homes of Congress Lakes was approved by the City Commission. The Community Design Plan review was approved for the roof at Captain Frank's, but the landscape appeal was denied by the City Commission. Mr. Collins asked about the outcome of the neon lighting for Arby's Restaurant. Mr. Cutro reported that the request was denied by the City Commission. Ms. Stevens asked for a report on the Rotlyson property which became noncon- forming when the Waste Management of Palm Beach request was approved. Mr. Cutro advised that the Rolly$on's have been i, nfoVmed in writing that before any major upgrades or changes of use on the property can be made, it will be necessary to increase the parking on the site. Ms. Stevens also pointed out that the colors of the building at Atrium Place were approved some time ago, but only three sides of the building have been painted to d~te. Mr. Cutro said attempts are being made to contact Mr. Desider{~o. He received approval for an awning and only half of that awning has been built. He has 6een t~ld to paint the remainder of the building and Mr. Cutro will follow up on this item again. However, Mr. Cutro is not certain that any Code action can be taken against Mr. Desiderio with regard to the painting. Ms. Stevens explained that she has had occasion to do work with the Palm Beach County Zoning Commission. She has heard wonderful things about Mr. Cutro as they pertain to the ,Intergovernmental Coordination Task Force. This Task Force has taken the place ~of the Planning Council. Mr. Cutro thanked Ms. Stevens and mentioned that Dave Kovacks of Delray Beach deserves a great deal of credit for the procedural work. NEW BUSINESS A. PUBLIC HEARING REZONING Project Name: Agent: Owner: American Legion Rezontng Danny O'Brien Andrew Hershman, President American Legion Club of Boynton Beach, Inc. Location: A 0.34 acre of property on the north side of the American LegiOn Club, at the southeast corner of NW 1st Avenue and NW 6th Street DesCription: Applicant requests that the above described property be rezoned from R-2 (Duplex Residential) to Public Usage Mike Rumpf, Senior Planner, ~de the presentation. The justification for this request is to provide for additional parking facilities to accommodate existing needs and future needs if the Club were to be expanded. The surrounding land HINUTE$ - PLANNING AND DEVELOPHENT BOARD 14EETING BOYNTOH BEACH, FLORIDA OCTOBER 13, 1992 uses include single-family homes to the west and north, Seaboard Airline Railway and industrial uses within the M-1 zoning district to the east and the American Legion Club and a commercial retail store to the south. With the existence of the singte-f~mily homes to the west and industrial area to the east, a small transition zone was created. In the opinion of staff, the proposed use would not be inappropriate for the area. However, there is one area for potential conflict. The north side of the area abuts a lot containing a single-family home. It is felt that a buffer should be included in any future development plans of this area. Staff recommends approval of this application since this proposal is not in conflict with any goat, objective or policy of the Comprehensive Plan. The proposed rezoning is consistent with the established land u~e pattern within the surrounding area. The proposed] use of the subject area wo~td be compatible with the current and future use of adjacent and nearby properties and the pro- posed use is of a scale which is reasonably related to the needs of the neigh- borhood and the City as a whole. D~nnY H,Brten of 2~80 SW loth Circle, represented the American Legion Club of Boynton'Be~ch. 'He stated the American Legion w~shes to expand the park,.no lot at ~hel p~eSent t~me and eventually expand %he building. ~The land is currently zoned res~demtial which will not allow them to build the parking lot. Ms. Huckle asked Mr. O'Brie~ about the feelings of the property owner to the north. Mr. O'Brien stated the property owners are aware of what is being planned. Mn. Cutro pointed out that the property owners~were notifed and some were present in the audience. Ms. Stevens questioned whether Mr. O'Brien would have objections to planting a high, thick hedge at the edge of the new parking lot to provide a buffer between the parking and the residential area. Mr. O'Brien had no objection to this request. Ms. Huckle asked Mr. O'Brien if the existing house located on one of the lots, will remain. It was confirmed b? Mr. O'Brien that the house would remain and he stated that the American Legion would eventually like to make it a clubhouse with a picnic area in the back; however, this is not in the foreseeable future. Wead~ Fraakltn~ 120 NW 6th Street~ resides in the home ~orth of the American Legion property. She explained that the house located on the property is only 7' from her bedroom windows. She expressed concern abou~ the fact that the American Legion is requesting Public Use for this property and might turn that house into a clubhouse. Because of its close proximity to her home, she won- dered what kind of activity would be spurred if the Publ.ic Use is approved and what the effect would be on her property value. She pointed out that there is no room for buffering since the house is built on the property line. She further advised that a large trailer is now located on ~he lot and she is con- cerned that the lot is being used as a storage area. She asked for an explana- tion of Public Use. Mr. Cutro explained that Public Use includes private and semi-private clubs. He pointed out that during previous conversations with American Legion represen- tatives, they were concerned with being able to continue to rent out the house - 3- HTHUTES - PLANNZNG AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORZDA OCTOBER 13, 1992 in order to gain income. Mr. Cutro would prefer that this remain a house. He feels it is important to specify that the middle lot and the north lot will be used only for parking and the house must remain a house. Mr. Collins wondered whether or not the Board has the authority to recon~end the actual use of the house. Attorney Cherof stated there needs to be something on record to reflect an agreement between the City and the American Legion that the building will not be used for anything but a nonconforming single-family house. This needs to be something in recordable form. Ms. Muckle wondered why this particular lot could not be left R-2. Mr. Cutro said the remainde- of the lot could not be used for parking if it were zoned R-2. In response to Mr. Collins question, Mr. O'Brien stated the projections are to expand the existing American Legion Hall. In the future, the house would become an office. Presently, they intend to keep the house rented in order to assist in paying the mortgage. They are will~ng to include a stipulation that the house would remain a single-family home. Mr. Cutro said the American Legion would have to give the City a deed restriction which would be checked by Attorney Cherof and recorded. That would limit the use to a single-family house or parking. Mr. Miller pointed out that it would be difficult to limit the uses. If it is rezoned to Public Use, in the future someone could decide to institute one of the uses im that category. Mr. Miller feels that the way to preserve it as residential would be to exclude it from the rezoning. Bob Bor_~9_~y,z 2521SW 11th Street~ is Past Commander of Post 164. He said that if ~ lot is not included in the Public Usage, they will not be permitted to con- sider that lot in their tax exempt charitable organization status. He offered to add a stipulation that the house will remain a residence if the Public Usage zoning is approved. Susan Colvtn of 623 W. Ocean Avenue) is concerned with the noise and additional traffic which-'~iTb~-ge~erated because of the increased parking lot. She asked for consideration for the property owners. Mr. Cutro referred to the Code and explained that Public Use includes public facilities such as City Hall, private and semi-private institutions such as hospitals, utilities, non-profit facilities, and other governmental agencies such as those providing postal, administrative or regulatory services. Ms. Stevens asked for clarification on the best way to insure that the residents will be protected if the rezoning is approved. Mr. Cutro stated that this would have to be specifically marked on the zoning map. A tight deed restriction would have to be drawn up stating the use of the property. The zoning map would be marked with an asterisk or symbol and the definition of that asterisk or sym- bol would be designated on the map. Mr. Cutro asked the Board to make a recommendation on the two lots with a stipu- lation that a deed restriction be filed and that a special designation be placed · · on the zoning map. -4- MIMUTES - PLANHING AND OEVELOPHENT BOARD HEETIMG BOYNTON BEACH, FLORIDA OCTOBER 13, 1992 Chairman Lehnertz asked Mr. O'Brien if this suggestion would be acceptable to the American Legion. Mr. O'Brien feels it sounds acceptable but pointed out that there is already a deed restriction on the single-family residence. When the usage is changed, the building wilt ~ecome nonconforming. He would like to speak with an attorney before committing the American Legion to another deed restriction. He feels the protection already exists because when the noncon- forming use ceases, the building must come down. Mr. Cutro explained that in order for a Public Use structure to be put on the site, there are setback requirements the American Legion cannot meet on the pro- perty. The building will not be usable. They will have to come in for a site plan review to ~llOW the use of the building. This Board and the City Commission could deny the use because of its close proximity to the property line. In any event, Attorney Cherof recommended Sncluding the deed restriction. He explained that it i~ necessary to have the document in hand and have it recorded. Mr. Cutro again reiterated that if approval is recommended to the City Commission, it is necessary to ask for a deed restriction limiting the property to single-family use and that it be marked on the zoning map so that it can be traced. All of this needs to be taken care of by the time of second reading by the City Commission. Ms. Stevens stated that the back of the lot should contain a hedge between the residential and the parking lot. Mr. Cutro said that will be automatically done when the site plan is received. Mrs. Franklin does not see the need for a deed restriction if the American Legion is planning to continue using the house as a rental home. She is con- cerned that someone in the future may not notice the marking on the zoning map. She feels too many "ifs" are being included in this case. Ms. Stevens pointed out that there is nothing "ify" about a deed restriction. It is a recorded document. Mrs. Franklin feels that lot should be left R-2. Mr. Boro¥~ clarified the complaint regarding the trailer which is parked on the property. Further, he said they are now requesting a rezoning to a lesser designation and are willing to go along with a deed restriction. Mrs. Colvin agreed with Mrs. Franklin's suggestion to rezone only one lot in order to protect the property owners. Motion Mr. Miller moved to approve the rezoning of the American Legion from R-2 to PU with the stipulation that the current and existing residence remains a residence and that a proper legal recorded document is executed prior to final City Com- mission approval. Mr. Collins seconded the motion. Ms. Stevens amended the motion that if any portion of the northern-most lot is used as a parking area, that there be a buffer hedge. This amendment was accep- table to Mr. Miller and Mr. Collins. The motion carried 5-2. (Mr. Johnson and Ms. Huckle cast the dissenting votes.) NINUTES - PLANNING AND DEVELOPMENT BOARD NEET)'NG BOYNTON BEACH,, FLORIDA OCTOBER 13, 1992 B. LANDSCAPE APPEAL Review a landscape appeal by Jerry Church, P.E., representative for Space Plus (f.k.a. Mega Mini), to delete the required hedge landscaping material along the east and south sides of the open storage vehicle use area located at the east end of the Space Plus project at 295] SW 14th Place Mr. Cutro made the presentation and explained that there are two sections in this appeal. The first sectiondeals with a requirement for a hedge on the south side of the property~ The Code allows for the elimination of the hedge when there is a hedge on the opposite property line. In this case, there is a hedge which is incomplete. When plans were checked for the development located to the south, it was found that that~hedge should run completely down the pro- perty line. The owners of Space Plusare asking that their requirement for the hedge be lifted and that theCity ~ely en the he,ge to the south. This will require a Code Enforcement action tohave the remainder Of the hedge put in. The second section of the appeal deals with the changing of the tree spread dimensions on the north side of the' p~operty. The applicant agreed t~ plant overs3~ed trees on 20 offsets. The ~ppt3cant has now sa3d that the mater~al not available. However, this was a, specific condition of the City Commission and a reaction to the people ~on the, o?o~ite side .of the cana:l. Mr. Cutno recommended requiring them to plant t~ie oversize t~ees. is Staff's recommendatien is that the hedge on the south be eliminated and Code EmfoKCement action will be ~ken on the opposite s~de, and a recommendati'on shoiul~ be made to the City cdmmission that the over?zed trees be planted on the north, side. Staff will be happy to assist in locating the necessary planting material. If Black Olives cannot be found, Oaks and Mahogany trees can be sublstituted. tn response to an inquiry by Ms. Huckle, Mr. Cutro explained that there is a r~ui.rement for a hedge on the east side, but a slatted fence separates this use from a public use and he feels the slatted fence is acceptable. Jerr~ Church, 2575 $, Ocean Boulevard~ Highland Beach, said he spoke with the property owner on the south side and offered to put in the hedge material, but the property owner did not agree. Mr. Church stated that his contractor purcha- ses most .of the trees in Homestead and South Dade. As a result of the hurri- cane, the contractor was unable to obtain the trees with a 10' spread. Mr. Church is willing to work with the Planning Department if they can provide an alternate source for the purchase. The slatted fence on the south side will achieve the screening of this use from the other industrial uses. There was discussion with regard to the life expectancy of slatted fences and the fact-that hedge material is planted on the inside of the fence rather than the outs}de. Mr. Cutro said the fence is located on the property line; there- fore. the hedge material must be planted inside the fenced area. When the rewriting of the Landscape Code takes place, this situation will be looked at more closely. -6- MINUTES - PL. NqNZNG AND DEvELOPHENT BOAP, D MEETING BOYHTON BEACH, FLORIDA ' OCTOBER 13, 1992 Chairman Lehnertz expressed his concern regarding the elimination of vegetation on many sites. He explained that the vegetation not only provides aesthetic appeal, but it absorbs the heat which comes off the asphalt. He pointed out that there was a requirement for 210 Silver Buttonwoods on this site. This is native planting material. He suggested moving this material to the north side to break up the wall. Although there are large trees located along this wall, as the trees grow, a barren wall will be exposed. Hr. Church agreed to plant the Silver Buttonwood along the wall as a hedge instead of the vines ori- ginally intended. Mr. Cutro will work with the applicants on a voluntary basis to cover the wall. In response to Mr. Davis' question, Hr. Cutro said the Board should deny the appeal for the size of the trees and specifically suggest other species of trees noted in the Code. Mr. Cutro would prefer not to have Black Olive trees since many Black .Olive trees :snapped during the hurricane. Further, Black Olives are susceptqble to blight and drop leaves. Mr. Davis further stated that he would prefer to have hedging on the east side in the event the slats in the fence break down and ~re not replaced. Mr. Cutro clarified that the first appeal is to delete the hedge on the south side and the east side. Ms. Huckle moved to recommend that we grant that appeal. Mr. Miller seconded the motion which carried §-2. (Chairman Lehnertz and Mr. Davis cast the dissenting votes.) Mr. Cutro clarified that the second appeal is to reduce the oversize dimension of the trees that was a condition set by the City Commission. Motion Mr. Miller moved to deny the appeal trees on the north property line. carried 7-0. to change the overall dimensions of the Ms. Huckle seconded the motion. The motion Motion Mr. Davis moved to recommend to the City Commission that they consider alter- natives to the Black Olives stated in the plan and recommended that they go with some sort of native tree material such as Oaks. Ken Johnson seconded the motion. Chairman Lehnertz confirmed that Mr. Cutro will informally work with the appli- cant in trying to get some of the hedging material on the north side of the pro- perty. The motion carried 7-0. -7- HIHUTES- PLANNIN~ N~ DEVELOPI4ENT BOARD 14EETIHG BOYNTON BEACH, FLOI~IDA OCTOBER 13, 1992 C. OTHER 1. Consider request by Stonehaven Homeowners Association to construct gates on stonehaven Drive Within the Stonehaven PUD Mr. Cutro asked that this item be continued until the next regular meeting of the Board. Mr. Miller moved to continue this item until the next regular meeting of the Board. Ms. Huckle seconded the motion which carried 7-0. 2. Determine if a nightclub use is allowable in the industrial land use category and the M-I zoning district. Mr. Cutro made the presentation. Mr, George Gentile would like to open a nightclub which serves food and has live music in Commerce Park located east of High Ridge Road and north of 22nd Avenue [Gateway Boulevard). The land use designation for the property is Industrial. Adult entertainment is allowed in this land use designation, but it does not mention nightclubs. The M-1 zoning district allows catering and food services as well as adult entertainment establishments, but only allows restaurants as an accessory use. There is no mention of nightclubs in the M-I district. Mr. Cutro explained that zoning' is established on the theory that comparable uses are allowed in districts. The question now raised is can entertainment be allowed in the M-1 zoning district if it is not adult entertainment? Ms. Stevens asked if it would be permissible to allow the nightclubs and get rid of the adult entertainment. Mr. Cutro stated that the adult entertainment was part of a court dispute in which the City tried to ban adult entertainment. The court stated it must be allowed in certain zones. The City chose the C-3, C-4 and M-1 zones as the areas where adult entertainment would be allowed. In response to Mr. Davis' question, Mr. Cutro explained that a nightclub is a place containing entertainment which is either live or recorded and serves a full menu. If the entertainment and food services were removed, it would then become a bar. Allowing a nightclub in the M-1 zone would be different from allowing a bar because a bar is different in intent. Attorney Cherof stated that since there is no definition for a nightclub noted, it is important to pro- vide a workable definition which distinguishes a nightclub from a bar or adult entertainment establishment. Mr. Cutro further pointed out that nightclubs in industrial areas may not be a bad use since this area contains buildings which are large in size and many of these nightclubs have Bone to buildings which are large with high ceilings. This use works very well with a shared parking situation. Ms. Stevens is not opposed as long as a workable definition can be arrived at. -8- HIHUTE$ - PLANNING AND DEVELOPHENT BOARD 14EET)HG BOYNTON BEACH, FLORIDA OCTOBER 13, 1992 George~ Planner~ represented the developer. He stated this is an existing building which will provide an additional use in an existing area. It will generate revenue for the City while not impacting parking because of the shared parking concept. This nightclub will bring people into an area which is basically shut down at night. Mr. Cutro stated that there are two other M-1 districts in the City. One of the districts is north of Boynton Beach Boulevard, west of 1-95 and the other is at the railroad. The M-1 near the railroad is a four-block strip. He does not feel this use would try to enter that area. The other M-1 distYict does contain vacant property. Mr. Cutro suggested allowing this use as a conditional use so that it can be reviewed. Ms. Huckle agreed with the conditional use idea because it will provide review power. Motion Ms. Huckle moved to recommend the use wtth an adequate definition that separates nightclubs from adult uses and bars, and add it into the M-! district as a con- di~ionat use, and that an adequate definition for nightclub be written by the City Attorney. Mr. Collins seconded the motion which carried 7-0. 3. Consider request to extend the time limit for filing for preliminary plat for Knollwood Grove PUD Mr. Cutro made the presentation. He stated that the Boynton Beach Code in Appendix "B", Section 10.C allows for the request of a twelve-month time exten- sion for the time limit for the filing of a preliminary plat for an approved PUD. Urban Design Studio has requested the time extension. The Technical Review Committee had no comments on this request. This is a vested site and has no concurrency problems. In response to Ms. Huckle's question, Mr. Cutro agreed that Knollwood Groves PUD is concurrency exempt because the Concurrency Ordinance went into effect on July 1, 1991. This project was approved prior to that date. Mr. Cutro feels that it will become necessary in the future to have a policy determination regarding time extensions. However, at this point, because there are no concurrency problems and because of the lagging economy, it would not be appropriate to deny this request. Chairman Lehnertz thought this project was extended a year ago. Mr. Cutro clarified that it was modified and explained the procedure. Motion Ms. Huckle moved that we recommend extension of the time limit for filing the preliminary plat for Knollwood Grove PUD for another year. Mr. Miller seconded the motion which carried 7-0. g N]~NUTE$ - PLANNII, IG AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 13, 1992 COHHENT$ B~Y HEHBERS Mr. Miller pointed out that it would have been very helpful if he had a site plan for the American Legion project. Mr. Cutro explained that site plans are not a requirement. At future meetings, he will provide a site map and an aerial which will be displayed on the screen. There being no further business to come before the board, Ms. Huckle moved to adj~ourn the meeting at 8::50 !P;m. Mr; Johnson seConded the motion which carried unanimously. Recording Secretary (Two Tapes) - 10 -