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Minutes 02-11-92MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COMMISSIONC~AMBERS, CITY F~%LL, BOYNTONBEACH, FLORIDA, ON TUESDAY, FEBRUAR~ 11. 1992 AT 7:00 P.M. PRESENT Maurice Rosenstock, Gary Lehnertz, Vice Nathan Col}ins Cynthia Greenhouse Murray Howard Marilyn Huckle Shirley Stevens William Cwynar, Alternate Chairman Chairman ABSENT Efrem Hinson, Alternate Chris Cutro, Planning Director Tambri Heyden, Senior Planner Mike Haag, Zoning & Site Development Plan Admin. Mike Kazunas, City Engineer Yamile Trehy, Assistant City Attorney PLEDGE OF ALLEGIANCE Chairman Rosenstock called the meeting to order at 7:07 p.m. and led the Pledge of Allegiance to the Flag. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Rosenstock acknowledged the presence in the audience of Mayor Arline Weiner, Vice Mayor Edward Harmening, and Commission- er Jos~ Aguila. Commissioner Matson arrived for the meeting at 7:20 p.m. AGENDA APPROVAL There being no objectiOnS to the agenda, Chairman Rosenstock stated the agenda would be accepted as presented. APPROVAL OF MINUTES Marilyn Huckle asked that the motion to approve the minutes of the December 10, 1991 meeting be corrected to reflect that Mr. Howard made that motion not Ms. Huckle. Ms. Huckle further asked that the motion on Page 3 under B.1, Consistency Review, be changed to reflect that Ms. Huckle made the motion to remove the item from the table not Vice Chairman Lehnertz. - 1 - MINUTES PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 Mr. Lehnertz asked that the motion on Page 2 under Approval of Minutes be changed to show that he did not abstain on that motion. He voted to approve the minutes. Motion Ms. Huckle moved the approval of the minutes of the January 14th meeting as corrected. Gary Lehnertz seconded the motion which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS A, Report of_ the Planning and Zoning Department Mr. Cutro requested time at the end of the meeting to present the report from the Planning and Zoning Department. He offered this time in the meeting to Mayor Weiner. Mayor Weiner presented copies of the referendum, as it will appear on the March 10th ballot. She reported the many problems asso- ciated with it. The Municipal League has decided to fight this referendum legally and at the ballot box. As of Monday, February 10th, twenty-five cities filed suit against the County. There are four main complaints as follows: The ballot language is an unconstitutional transfer of powers. What is needed is a dual referendum; first to remove the powers from the cities and the second to give the powers to the County. The ballot language is misleading and deceptive. It lists only four areas of involvement by the County. Those areas listed are water resources, environment, solid waste and mass transit. However, it also list~ "other related issues". That could encompass anything. The ballot relates to Ordinance 092-1. The language of that Ordinance is very specific and lists other areas of involvement by the County. Those areas include affor- dable housing, historic preservation, and school siting. Invalidation of Ordinance O92-1 - This Ordinance speaks of more than one subject matter and is broad and vague. The last complaint is that it violates the Constitution. It provides for consolidated government which will take away planning from cities and give this power to the County. This requires an act of the Florida Legislature. - 2 - BOYNTON BEACH. FLORIDA FEBRUARY 11 , 1991 This suit is scheduled to be heard by Judge Matthew Stevens on February 24th. Injunctive relief is being sought. However, Mayor We±ner explained that the history of injunctive relief is not very hopeful. The Court usually does not want to remove anything from the ballot and offers to deal with it after the election. However, after the election, the Court usually feels the people have voted and they do not change anything. Mayor Weiner reported that thirty-seven cities are against this referendum. A political consultant has been hired to help con- duct the campaign to overturn this referendum. Handouts have been produced and Mayor Weiner will hand them out on Election Day. The Chambers of Commerce in Palm Beach County have joined the cities in this fight, along with homeowners associations and business associations. However, associations outside the munici- palities will vote for the County. Attempts have been made to get through to them, but they are already under County jurisdic- tion. Mayor Weiner stated this is a complex move by the County to take over city powers. Because she believes in local government, she has chosen to fight this. The City Commission has voted unani- mously to get involved in this law suit. Mayor Weiner will provide the Plannin§ and Zoning Board with any additional information which becomes available. Mayor Weiner offered to answer auy questions. Mr. Rosenstock wondered what would happen if there was a question between Delray Beach and Boynton Beach with regard to the acquisition of land. Who would settle this question? Mayor Weiner stated that a suggestion has been made to have an Inter- governmenL Council made up of City, County, South Florida Water Management District, and School Board representatives who will take the place of the Countywide Planning Council. Mayor Weiner explained that by the County taking over these powers, an additional layer of bureaucracy is being added. The County has absorbed the fourteen people who were the Countywide Planning Council; however, that is not enough. They will need s staff to provide the information necessary for them to function. The County Commissioners have so much to handle now that they canno5 handle any more. They cannot deal with the work they now have. Mayor Weiner reported that the thirty-seven cities had to submit their Comprehensive Plans to the State. The only govern- mental entity which has not complied to date is the County. - 3 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACh, F~ORII~A FEBRUARY 11, 1992 OLD BUSINESS A. PUBLIC HEARINGS REZONING (Continued January 14, 1992) Project Name: Agent: Owner: Location: Cedar Grove PUD Julian Bryan Cedar Grove Investments, N.V. The east side of South Seacrest Boulevard, approximately 100' south of S.E. 31st Avenue (South Seacrest scrub site) Description-. Request to rezone 53.69 acres from R1AA, Single Family Residential and R2, Single and Two-Family Residential to PUD, Planned Unit Development to allow for the construction of 234 dwelling units, comprised of single- family dwellings and duplexes. NOTE: This application has been postponed. An announcement must be made that the public hearing for this request will be continued to a date and time cer- tain. The Planning Department asked that this item be continued until the next meeting. However, Mr. Cutro suggested, based on the number of telephone calls and visits from people in the ares, that the Board consider a special meeting to review this item. He feels this item will take two to three hours to hear, He suggested a date of February 26th or 27th for a special meeting. Mr. Lehneruz and Chairman Rosenstock will not be available on those dates. Mr. Lehnertz stated that when this was brought up at last month's meeting and they asked to be continued for an additional month, he and other members expressed dissatisfaction with constantly continuing an application. He stated that if this was asked to be continued again, he would suggest it be dropped and they can resubmit when they are ready. Mr. Cutro explained that the way the Ordinance is structured, it sets up pre-application conferen- ces where the applicant is advise6 of the requirements for sub- mittal. This can be one or many pre-application conferences. We have not as yet received a reviewable package. The decision on whether or not their package is reviewable will be made at the TRB meeting on Thursday. He further reported that when an item like this comes in, it is advertised assuming automatically the package is complete. - 4 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999. Chairman Rosenstock stated that this is a case of record with regard to continuances. In response to Chairman Rosenstock's question, Mr. Cutro feels that the meeting of the TRB will get everything in order for presentation at the next Board meeting. After much discussion on when to hear this case, it was decided that there would be no special meeting for this application. Motion Gary Lehnertz moved that the Planning and Zoning Board continue Cedar Grove PUD to the next regularly scheduled meeting of the Planning and Zoning Board on March 10, 1992. Marilyn Huckle seconded the motion which carried unanimously. Mr. Cutro introduced Mike Haag, who is now a member of the Planning and Zoning Department and Mike Kazunas who is the newly- appointed City Engineer. NEW BUSINESS A, PUBLIC HEARINGS PARKING LOT VARIANCE Project Name: Agent: Owner: Location: The Atrium Place Dominic Desiderio, Jr. Desiderio Corporation 2755 South Federal Highway Description: Request for a variance to Section 5-142(h)(3) Driveways of Article X, Parking Lots. Mike Haag made the presentation and stated that Mr. Desiderio is present in the audience. Article X requires that driveways located along arterial roads or collector roads must be no less than 180' to intersecting roads. The applicant is requesting a two-way drive, 121' from SE 28th Circle going north. On January 28th, the Review Committee met and recommended appro- val of the variance with the condition that it be a r~ght turn in only, not a two-way. There are staff comments from Police, Engineering and Utilities. The TRC identified that they want a one-way right turn in only and want the ingress/egress configured so that cars cannot exit out onto Federal HighWay. B~ elimi- nating the two-way drive, vehicles trying to exit Cannot cut across U.S. 1 and make a U-turn to go north on FederaL Highway. - 5 - MINUTES - PLA~{NING AND ZONIN~ BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 In response to Ms. Huckle's question, Mr. Haag stated the parking requirements will be satisfied. She wondered if there is a U- turn at 28th Circle. There is no U-turn at that location. She pointed out that there is no way you can eliminate the possibi- lity of people exiting once the driveway is made. How is the opening configured? Mr. Haag responded that they would make a form of a radius coming in off Federal on the property. Signs will also be posted. Ms. Stevens wondered if the driveway could be widened. It was explained that the City Engineer could widen the ingress/egress into Mr. Desid~rio's lot. Ms. Stevens had no objection to a per- son being able to turn from Federal Highway into the parking lot, but exiting onto 28th Circle is a problem because of Colonial Club across the road. Donllnic Desiderio explained a situation which arose during the holida~ season when traffic was stacked up along 28th Circle. He has researched the market and nobody along Federal Highway has the required 180'. When all of his vacancies are filled, he will need an entrance and an exit. He stated a signal will also be necessary in the future. In response to Mr. Collins' question, Mr. Desiderio does not have problem with the staff recommendations. Ms. Huckle raised the question of posting a "No U-turn" sign. Mr. Kazunas offered to investigate this possibility, but stated that when the U-turn is eliminated, you move the problem from one median cut to another further up the road. He did not feel this should have s bearing on tonight's decision. Ms. Huckle feels the TRC's recommendation was made to eliminate the U-turn. Mr. Kazunas stated the concern is the cars weaving across the lanes of traffic to get to the turn lane. The "No U-turn" sign would prevent the cars in the median lane from making the U-turn. Ms. Huckle stated that once the median is cut, there is no way it will not be used. Mr. Rosenstock agreed with MS. Huckle and stated his surprise that staff did not address this problem. Mr. Cutro disagreed and explained that a driveway could be designed for entrance-only purposes. While Mr. Rosenstock is aware of this fact, he wanted reassurance that this driveway would be designed in such a manner. Mr. Cutro stated the City Engineer would follow through on the order made by the Board. Mr. Rosenstock asked Mr. Kazunas if he would follow through to be sure the driveway is designed for enLrance only. Mr. Kazunas stated he will review the appli- cant's design first. Because a vote is needed at tonight's meeting, Mr. Rosenstock requested reassurance from Mr. Kazunas. He further stated that this item should have been addressed - 6 - MINUTES - PLANNING AND ZONI~ BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 before it came before the Board. He suggested the Engineering Department consider all the ramifications of the problems which might occur. Chairman Rosenstock addressed Mr. Kazunas and stated, "I know you're from the Utilities Department, and I don't mean to pick on you this evening, please forgive me, but I really feel strongly about this and I don't want to sit here and have this Board pass something that will be a problem in the future, and it's you're problem not mine." Mr. Kazunas explained that this driveway can be designed to prevent cars from making a right turn. Ms. Greenhouse questioned whether or not Mr. Cutro would be able to look at plans and determine whether or not a car would be able to make a right turn. Mr. Cutro stated that when the final design is submitted, he would be able =o make that determination. Ms. Greenhouse asked Mr. Kazunas if staff would be able to make sufficient guidelines and conditions to insure that no right-hand turn could be made from the driveway, Mr. Kazunas made that assurance. Mr. Kazunas pointed out that the applicant might lose access to a parking stall. Ms. Greenhouse again asked that the Board receive assurance from uhe Engineering Department that the driveway would be designed ~o preclude a right-hand turn from being made. Mr. Kazunas gave an affirmative response and stated that because of the curbing, some access will be lost. Ms. Greenhouse again requested reassurance from the Engineering Departmen=. Mr. Kazunas agreed that the Board's request would be carried out prior to the plans being signed off. Mr. Cutro explained this will have to go through a minor site plan review. In response to Ms. Greenhouse's question, Mr. Desiderio is con- tent with the staff recommendation and stated he was the one who wanted the entrance and exit. He stated that it was unfair that the Board "went after" staff since he had the plan designed by an engineer. He stated he wan~s an entrance and an exit, but will accept just the entrance. Assistant City Attorney Trehy explained that the Code requires that there must be a hardship shown and it cannot be preexisting or existing in order to grant the variance. It is not granted as an automatic or by right. Ms. Huckle asked that staff consider putting a "No U-turn" sign at the intersection. Ms. Greenhouse questioned Mr. Kazunas regarding what is necessary to accomplish that request. Mr. Kazunas will investigate the procedures and report back to Mr. Cutro. The status will be reported at the Board next month. - 7 - MINUTES - PLANNIN~ AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1999. In response to Mr. Collins' question, Mr. Cutro explained that the County is responsible for the installation of a traffic light. Chairman Rosenstock stated that Mr. Kazunas is new and the Board does not mean to pick on him. He further suggested that Mr. Finizio be present at future meetings until Mr. Kazunas becomes familiar with the job so that the Board will get the proper responses to their questions. Mr. Cutro pointed out that Mr. Staudinger was responsible for the comments on this application. There was no one present in the audience to speak at the public hearing. Motion Gary Lehnertz moved that the Planning and Zoning Board recommend approval of the parking lot variance for The Atrium Place located at 2755 South Federal Highway. This is a request for a variance to Section 5-142(h)(3) Driveways of Article X, Parking Lots, sub- ject to staff comments and subject to making this driveway a one- way right turn in driveway only with the design to be reviewed by the City Engineer to insure compliance with the inlet only. Nathan Collins seconded the motion. Ms. Huckle wondered if it was necessary to show any further hardship in the mo~ion. Assistant City Attorney Trehy explained that by approving ~he motion, the applicant has consented to the conditions and nothing further is required. The motion carried unanimously. B. CONCURRENCY APPEAL EXEMPTION TIME EXTENSION Project Name: Applicant: Owner: Location: BoyntonNurseries PUD Robert Horner Boynton Nurseries Lawrence Road at L.W.D.D. L-21 northwest corner Canal; Description: Request for a one-year time extension for exemption to the City's con- currency management ordinance. Mr. Cutro made the presentation. The Planning and Zoning Board is required to review the concurrency extension. The review board met on January 28th and recommended the concurrency be extended for a period of one year. MINUTES- PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 199~ The overall site would have held approximately 400 units. This will go to the City Commission at their next regular meeting. Mr. Lehnertz asked for familiarization with this PUD. This PUD is located on the west side of Lawrence Road just above the L-ii canal just north of 22nd Avenue. This is currently zoned Agricultural. It is continuing as a nursery at the present time. The density was listed at about four units to an acre. We have not begun to look at preliminary plats. At this point, there will be no impact on water or sewer. There is capacity to handle 400 single-family units. They may have to make some improvements to the roads in the future but that is determined when the deve- lopment begins. Drainage is handled on the site. Regarding open space, this is a combination of a public park site and paying a fee. The concurrency levels have not changed. Motion Nathan Collins moved to approve the request for a one year time extension for exemption to the City's concurrency management ordinance for Boynton Nurseries PUD located at Lawrence Road at L.W.D.D. L-21 Canal; northwest corner, subject to comments. Marilyn Huckle seconded the motion which carried unanimously. COMMENTS BY MEMBERS Mr. Lehnertz explained there are two referendums on the ballot; the one described by Mayor Weiner and another Charter amendment to adopt an environmentally-sensitive land ordinance. He stated this ordinance is needed in the County and hopes voters don't vote "no" on both issues. With regard to the growth management and land use referendum, he agrees with Mayor Weiner that there are better ways to accomplish this, but pointed out that there have been many cases where deve- lOpers want to develop at a higher density than is permitted. The developer approaches the City to annex the land. The City agrees and rezones the property. This is a major problem and he feels this referendum is addressing this problem. Mr. Lehnertz referred to the handout from S.O.L.E. and said that not deve- loping a piece of land to its highest use is not necessarily bad. It might cost some jobs and extra money, but the residents get back a better environment in which to live. Report o__f the planning and Zoning Department Mr. Cutro summarizedirecent City Commission actions. On January 21, the Commission granted a time extension to Via Lago to complete infrastruCtUre and postponed the recreational amenity - 9 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 improvements until Phase II. The site plan was extended for Woolbright Place which is the residential portion of the Tradewinds PUD. The changes in the bonding requirements were approved on first reading along with approval of removal of auto, boat, trailers and trucks in the C-4 zoning district. The limits on restaurants in the C-1 zoning district were approved on first reading° They began review of the service station ordinance and the text change for go-carts, miniature golf and game rooms was withdrawn by the applicant before the City Commission had an opportunity to consider it. On February 4th, the City Commission granted a time extension to Buchanan estates. There was no concurrency involved. They approved the text changes for the bonding changes in the plat ordinance. The amesdment for the sale of boats, cars, trucks and trailers died for lack of a second. The restaurant limitations in the C-1 zoning district were approved with changes. The changes involve permission to sell alcohol and they can remain open until 5:30 p.m. Regarding the subscription to the Planning Commissioners Journal, the City will pay the initial $45 and each additional subscrip- tion will cost $6.00. The seven regular members present agreed to subscribe to the Journal and will provide a check to Mr. Cutro. Sam Scheiner of 528 SE 27th Terrace, addressed the Board with regard to ADA regulations. He reported that the American Disabilities Act of 1990 became effective on January 26, 1992. The Act does not ask any City to enforce the act. It is enfor- ceable only by the Federal government. However, when applica- tions are approved, if they don't meet the ADA standards, it is possible that the Federal government could require that changes be made. He pointed out that all applications coming before the Board can be affected. Mr. Scheiner explained that there is no way to get into The Atrium Place unless you walk through the parking lot. It is unsafe for a handicapped person to enter by this means. Ms. Greenhouse wondered if there is a list of regulations and suggested the Engineering Department get a copy as soon as possible. Mr. Scheiner believes the staff is aware of these regulations but realized that the City cannot require an appli- cant to follow Federal code. However, it would be wise to sugges= these regulations to an applicant. Mr. Cutro reported that ~he State incorporated the Federal government regulations into a booklet on handicap accessibility. Those requirements have been followed to date. He reviewed the situation with SeaMist Marina. - 10 MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11. 1992 In response to Mr. Howard's question, Mr. Cutro stated staff is advising the building owners who have been grandfathered in of the handicap accessibility requirements. Willia~ T. Edwards, of ~ Via Lago, is president of the Via Lago homeowners association. The association is made up of twenty- four units, six in Phase I. One unit is currently owned by the developer and not sold. Mr, Edwards wanted to alert the Board that there is current conflict between the developer and the owners. The developer is $35,000 past due in assessments to the development. They are maneuvering, to get out of paying those assessments. There are historic items and environmental concerns involved. Mr. Edwards wanted the Board to be aware that the homeowners are attempting to meet with the developer and reach a compromise which is agreeable to both. He asked that the Board members keep this in ~ind if any applications come before them and the developer has not spoke~ with the homeowners concerning the application. Ms. Greenhouse clarified this is the complex on Federal Nighway behind 5envenuto's. Mr. Cutro explained that the new owner has applied for a building permit for the last building. The homeowners presented Mr. Cutro with a package of liens against the developer~ The liens are for the assessment fees. In response to Ms. Greenhouse's question, Mr. Cutro responded that this is the developer who was supposed to put in a swimming pool and a gazebo. Ms. Greenhouse stated that rather than ~equire the developer to put in the amenities, they allowed him to post a $17,000 bond. She pointed out that those improvements will now probably cost $65,000. Mr. Cutro attempted to say that statement was incorrect; however, Ms. Greenhouse told Mr. Edwards to speak with Commissioner Matson. She further pointed out that those requirements were supposed to have been made and that twelve years ago, $17,000 would have been sufficient, but at the last City Commission meeting, based on a recommendation from the Parks and Recreation Department, they accepted a $17,000 bond rather than require the developer to provide the amenities. Mr. Cutro reported that the $17,500 was the amount they were given credit for against a dedication. It has nothing to do with improveJaents. Ms. Greenhouse stated she understood the Commission was in a position to require the developer to make the improvements, but did not do so. She advised Mr. Edwards to check into this with the District IV Commissioner. Mr. Cutro advised that he has met with the homeowners and assured them nothing will come before the Board which they have not had an opportunity to review. He is in the process of arranging a 11 MINUTES - PLANNING AND ZONING BOAP~D MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 meeting with the homeowners association and the developer and expects to hear from the architect by Thursday. City Attorney Trehy advised the Board of two recent court cases. They pose a change and should be adhered to. A memorandum will be forthcoming from the City Attorney to Planning and Zoning, Code Enforcement, Board of Adjustment and any board which makes administrative or executes executive decisions. The two cases involve zoning issues. The first case is the Jennings case in Dads County. The issue was rezoning where the adjoining land owner was Jennings. Jennings did not object to or make any comments during the Planning and Zoning Board meeting or during the Commission meeting when they approved the rezoning that was requested by the adjoining property owner. However, prior to the Commission vote on the rezoning, the petitioner hired a lobbYist who rggistered with Dade County and argued that it violated his due process because he'Was not able to ~ross exa- mine or parttake in t~e private conversations which~were held betwee~ a pri~ate individual or lobbyist on behalf of an indivi- dual on the particular matter. Prior to this case, it did not appear to be prohibited for Board members or Commission members tO Speak with private individuals or their representatives con- cerning matters which may arise for their consideration. Because of this case, Ms. Trehy recommended that conversations and con- tacts with private individuals or ~heir representatives which ~ight come before the Board, should be avoided. The action which would affeot a particular property owner or a part of his pro- perty is quasi-judicial and the court says they must have minimum ~ue process which i~c%~des a right to be heard, to present wit- nesses, confront witnesses, a right to present testimony and to make s record. The Schneider case was a rezoning to permit multi-family develop- ment and the initial staff recommendation was against the rezoning'because they believed the property was located within a flood zone. In that flood zone, only two units per acre were permitted. Before the Commission voted, they were advised that it had been brought tc staff.s attention that the property was not within the flood zone so that the only stated reason for genial of the rezoning was not in existence. The court, on appeal, stated that Schneider had been denied due process because the Commission gave no reasons, stated no facts or conclusions, and acted adversely to the applicant. The court shifted the bur- ~en of proof from the ~pp~icant to the City. Once the applicant has complied with the ~oa~s and objectives of the Comprehensive ~Ian, he should be grantedi the petition unless the City can show 12 MINUTES - PLANNING AND ZONIN~ BOARD MEETIN~ BOYNTON BEACH, FLORIDA FEBRUARX 11, 1992 clear and convincing evidence as to social or other impact on the City. There must be stated grounds which would prevent the granting of the petition. Prior to this, the burden of proef the City had to show was that it was not arbitrary. Ms. Trehy stated that these two cases alert us to the probability of a change in the presentation of cases to the Board. ADJOUP~MENT There being no further business, the meeting properly adjourned at 8:30 p.m. Janet M. Prainito Recording Secretary (Two Tapes ) - 13 -