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Minutes 01-14-92MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 14, 1992, AT 7:00 P. M. PRESENT Maurice Rosenstock, Chairman (Arrived 7:20 P. M.) Gary Lehnertz, Vice Chairman Nathan Collins cynthia Greenhouse Murray Howard MarilynHuckle Shirley Stevens ALTERNATES William Cwynar Efrem Hinson Yamile Trehy, Assistant City Attorney Chris Cutro, Planning Director Tambri Heyden, Senior Planner W. Richar~ Staudinger, p. E. 1. PLEDGE OF ALLEGIANCE Vice Chairman Lehnertz called the meeting to order at 7:12 P. M. and requested Mr. Cwynar to sit on the dais as s voting member, since Chairman Rosenstock was no~ present. The Pledge of Allegiance to the Flag was then recited. 2. INTRODUCTIONS Vice Chairman Lehnertz acknowledged the presence in the audience of former Mayor and former member of the Planning and Zoning Board, Carl Zimmerman, and introduced the Board members. 3. AGENDA APPROVAL With regard to Item 6Al, Cross Creek Centre, Mr. Cutro announced that a fax was received from the applicant, withdrawing this application. Mr. Cutro stated that Item 6A2, Cedar Grove, cannot be reviewed tonight because the Planning Department has still not received the materials the applicant is required to submit bv ordinance. He r~quested the BOard continue this item until the-February, meeting. ~ Ms. Huckle moved to accept the request of the applicant for withdrawal of a parking lot variance for Cross Creek Centre. Mr. Collins seconded the motion which carried 7-0. Ns. Stevens moved to approve the continuance of the Cedar Grove PUD project until the February 11, 1992 meeting at 7:00 P. M. Mr. Howard seconded the motion whicH~carried 7-~. - 1 - MINUTES -PLANNING AND ZONING BO;LRD MEETING BOYNTON BEACH, FLORIDA JD~UARY 14, 1992 Mr. Cq~lins mo~ed to accept the agenda as amended. Ms. Stevens seConded the motion Which carried 7-0. 4. APPROVAL OF MINUTES Ms. ~uck%e~mqy~ to,approve the minutes of the December 10, 1991 * meeting~s~abmit*ce~<~ Mr. Collins seconded the motion which carried an~ V!ceChairm~ Lehnertz abstained~'~ ~he December i0,'199i meeting. 5. COMMUNICATIONS AND ANNouNCEMENTS A. Current Development ProjecC Update Mr. Cut~o_~n~p~pe~_~a~ on~ee.9,,mbe~ 17, 1991 the City Commission app~oye~ =ne sl~e~p±a~ Ior L±t~D~de RanCh, subject to certain conditions and subject to s~aff meetis§ with the applicant to settle some items that were unclear. Mr. Cutro said the City Commission also approved the land use plan amendment for Mall South and it has been forwarded ~o the State, as well as the land use plan amendment for the water treatment plant which was approved by this Board. ~r. Cutro reported that the ~ezo~ing on North Federal Highway was ~n~. Ins~pad, the City comm~S~o~ followed the recommendation o~ ~nls B~ard ~nd ~nitiated a petition to. remove automobile sales cz new an~ useG automobiles from the C£4 zoning district. The City Commission also authorized the corridor study for the North Federal Highway area, as weli~as o~her entry corridors into the City. Mr. Cutro further reported thaL the nine land use plan amendments that were considered by this Board~iast month were al~ approved and forwarded to the State. With regard to the Boynton Lakes site plan, Mr. Cutro said the City Commission approved a SlX month extension. At this ppint in the meeting, Chairman Rosenstock arrived and Mr. Cwyna~ stepped down from the dais. Mr. Cutro distributed a copy of the Planning Commissioners Journal to the members~ He asked the members to review this publication and if they were interested in subscribing to it, send him a check payable to the City of Boynton Beach, in the amount of $6.00, and he will submit the subscriptions, Mr. Cutro announced Jorge Gonzalez was hired by Tatlahassee and said it is a step up for Mr. Gonzalez, but the Planning - 2 - ~?ULld read,' ~r.. Howard moved a ° ehmertz vg, ted in favor' of ............. pprovai .~ he ~id not abstain MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 14, 1992 Department will miss him. Another Assistant Planner ms expected to be hired within the next two months to fill the vacancy created by Mr. Gonzalez. 6. OLD BUSINESS A. Public Hearings Parking Lot Variance (Continued December 10, 1991) Project Name: Agent: Owner: Location: Description: Cross Creek Centre Robert A. Bentz Land Design South Denholtz Associates 1313 W. Boynton Beach Boulevard Request for a variance to Section 5-142(m) Fire Lanes of Article X, Parking Lots. See Agenda Approval. Rezoning Project Name: Agent: Owner: Location: Description: Cedar Grove PUD Julian Bryan Cedar Grove Investments, N. V. The east side of South Seacrest Boulevard approximately 10D feet south of S. E. 31st Avenue (South Seacrest scrub site) Request to rezone 53.69 acres from R-1AA (Single Family Residential) and R-2 (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. See Agenda Approval. B. Consistency Review (pursuant to Chapter 163.3194 F. S.) Proposed amendment to Appendix A-Zoning, to amend the regulations governing service stations/convenience stores. (Tabled December 10, 1991) Vice Chairman Lehnertz moved to remove this item from the table. Ms. Huckle seconded the motion which carried 7-0. *should read, '~{s. Huckle moved to remove..." MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 14, 1992 Mr. Cutro said the necessary corrections to this ordinance have been made, and that there are no specific objectives or policies in the Comprehensive Plan dealing with the question of service stations. However, there are a few that deal with buffering and performance standards and all of these policies would be imple- mented by the changes. Staff recommended this Board forward it 5o the City Commission with the recommendation that they find it censis~ent with the Boynton Beach Comprehensive Plan. Ms. Greenhouse questioned the word "major" in the title and first paragraph of t~e proposed amendment. Mr. Cutro said that was incorrect and should be changed to "minor". Ms. Greenhouse was concerned about the tan~uage in paragraph 2, and stated there i! an ongoing problem re§arding an automotive service station being defined as a building, structure or parcel Of land which can ha~e as its primary use the sale of gasoline. She said this has been a major problem in the current Code because there has been a change in the use. Her understanding ~as'~he d~finition w~s going {o be strengthened but it appeared to her ~h~ ~t has b~en rei~xed. ' Mr. Cutro explained that if only one gallon of gasoline is sold, the establishment is considered a gas station. Attorney Trehy advised that these definitions are only for pur- poses of this ordinance with respect to the distance from certain other locations. Ms. Greenhouse fel~ it creates a conflict in the Code. She was concerned that if the Zoning Code indicates an automotive service station is one whose primary use is the sale of gasoline, it needs to be consistent throughout the Code. Attorney Trehy said that in some situations you might want a dif- ferent definition because you might want to encompass the largest number of facilities rather than exclude some and have them fall by the wayside and not be able to regulate landscape and distance. For purposes of what this ordinance does, she felt these definitions were beneficial. Mr. Cutro said the whole idea was to include anybody who sells gasoline and this definition alleviates any arguments regarding whether or not an establishment is a service station or whether or not it sells gasoline. Ms. Greenhouse suggested adding language in the ordinance to clarify that these definitions are solely for the purposes of this section. Attorney Trehy said she will work with Mr. Cutro on the language and it will be made clear that the definitions are solely for the purposes of this subsection. MINUTES PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 14, 1992 With regard to buffers, Ms. Greenhouse felt a 24" hedge was too low and thought the landscape code required 36". She thought a higher hedge would enhance its beauty and inquired if the hedge could be planted at one height and maintained at another. Mr. Cutro advised the zoning code requires 18"; however, he suggested planting a 24" hedge and allow it to grow and be main- tained at 36" Vice Chairman Lehnertz moved that this Board find this proposed amendment consistent with the. Comprehensive Plan and that it be forwarded to the City Commission w~th that recommended, as amended. Ms. Huckte seconded the motion which carried 7-0. 7. NEW BUSINESS A. Consistency Review (pursuant to Chapter 163.3194 F. S.) Proposed amendment to Appendix A-Zoning, to allow go-cart tracks and miniature golf courses in the Light Industrial, zoning district. Ms. Heyden stated this proposed amendment was prompted by a letter received from Stratford Enterprises Inc., requesting a zoning confirmation for a specific type of recreational center, namely a miniature 9olf course, game rooms, and a go-cart track. The Code is not clear W~ether this use is permitted. Therefore, this proposed amendment was initiated for determination of con- sistency with ~he ComPrehensive Plan. Since the M-1 zoning district already allows arenas, stadiums, frontons, convention and exhibition halls, and racetracks as a conditional use, and since the Comprehensiv~ Plan specifically states that major recreational facilities may be allowed in the Industrial Land Use category, it was concluded that go-cart tracks, miniature golf, and game rooms, were an appropriate use in the M-1 zoning district. However, there are negative impacts associated with this type of Use, such as noise, glare, access and traffic. Staff recommended that the M-1 zoning district list of permitted uses be amende~ to include ~ajor recreation centers other than those that ars!ila~ready'specified in the Code to include one or more of the fo~owin9 dr 'similar types of uses: go-cart'tracks, miniature golf courses, and game rooms, subject ko conditional use approval. The further requirement of a minimum 200 foot frontage on a collector or arterial road has not been recommended because there is a distinctive difference between this type of recreational facility and arenas, Stadiums, and frontons with regard to the tlraffi¢ that is generated, the amount of people that are attracted ~ a g~ven time~ the Size of the use and parking requirements. T~ feasibit~ity of locating this recreational center on the specific site Stratford Enterprises has in mind, is n0t wha~ is ~eing e~atuated. What is bezn9 MINUTES PLANNING AND ZONING BOARD MEETING BO~NTON BEACH, FLORIDA JANUARY 14, 1992 evaluated is the appropriateness of this use in the M-1 zoning district. If this proposed amendment is approved, the West Industrial Avenue site will be reviewed when a conditional use application is submitted. Staff recommended this amendment be found consistent with the Comprehensive Plan. Ms. Huckle noted the agenda did not indicate this application is subject to conditional ~se. Ms. ~eyden said it was inadver- tently left off tke agenda; howe~er, this application is subject to conditional use. ~tto~ey TrehY advised %hat t~is could be included in a motion. Ms. Stevens felt go-carts generate a great deal of noise and was concerned about putting them~ next to a residential area. She was als~ con~erned'a~o~t~e hig~ intensity lighting of m~niature golf Courses. Ms. Heyden p~nted out that not all the M-1 zoning districts i~ the City are ~0~ated next to residential areas. Ms. S~ev~ns replied ~hat go-Carts Can b~ heard a half mile down the road~ Discussion ensued regarding the noise the go-carts would generate. vice Chairman Lehnertz was in favor of permitting go-carts within the City if an appropriate place could be found. Ms. Greenhouse expressed concern that the proposed si~e is imme- diately adjacent to Laurel Hills. She asked if a person could currently submit an application, since this use is not prohib- ited. Mr. Cutro said there is no clear cut indication as to whether or not this use would be allowed and the Planning Department does not have the authority to accept an application on a use that is not allowed in the zone. It would be costly for a developer to file an appliCation, only to discover the use is not allowed. Ms. Greenhouse asked if the zoning code is routinely amended, since every possible use is no~ addressed in the zoning codes. Mr. Cutro said when the Planning Department cannot relate a use to another use in the zoning district, it is brought before the Planning and Zoning Board. The Planning Department does not make interpretations regarding uses. At the request of Ms. Greenhouse, Ms. Heyden used a zonin§ map to point out the six M-1 zones currently in the City. PeSer Feaman with the law firm of Parker, Johnson, Anderson, McGuire and Michaud in Boca Raton was present representing Stratford Enterprises. ~e referred to the noise study that was conducted concerning miniature go-carts and stated these go-car~s - 6 - MINUTES PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 14, 1992 are not like the ones in Disney World. He said the noise stuSy shows that a conversation can be held while 40 go-carts are idling. Chairman Rosenstock asked what they would sound like running at 3100 rpm. Attorney Feaman said he was not familiar with the details of the study, and felt the issue was being pre- judged at this point. He pointed out that a conditional use clearly would force Stratford Enterprises to reappear before this Board with a site plan for public hearing. Bill williams, principal stockholder of Stratford Enterpises, ~nc., was present. He said when the go-carts are running around he track, the noise beco~es~touder~ but the cars will not all be in one area. The reason ~he proposed site was'selected was because there is a railroad a~d highway on one side, and a walled area on the other side. Ms. Huckle said if this was approved for a conditional use, and a site plan was brought before this Board for this location, she wOUld n~everapprove it because a problem already exists with access tO Bo~%on Beach Bo~levard~ Mr. William~ was aware of the access problem ~nd state~ he would probably propose erecting a signall tight'at West Industrial A~enue. Ms. Huc~le and Mr. Colli~s did not think this would solve the problem. Ms. Greenhouse inquired if Mr. Williams has considered or is con- sideri~g any Other M-1 zone in this City for his recreational facility. Mr. Williams said he has not found any other appropriate site available. Vice Chairman Lehnertz suggested if this proposed amendment was approved and came before the Board for a site plan, arrangements be mad~ to bring a go-cart to the parking lot of City Hall to listen to the sound~ He had no doubts that there are some places in the City where this recreational facility could be placed. Chairman Rose,stock thought it was this Board's obligation and responsibility to do ~hat is best for all the residents in the City, and expressed concern again about the noise and li§ht problems that go along with this type of recreational facility. Vice Chairman Lehnertz moved to approve this proposed amendment to Appendix A-Zoning to allow go-cart tracks and miniature golf courses as a conditional use in the M-i, Light Industrial, zoning district. The motion failed for lack of a second. Ms. Greenhouse moved to deny item 7Al, ~he p~oposed amendment to Appendix A-Zoning to allew go-cart tracks and miniature golf courses in the M-i, Li§ht Industrial, zoning district, and to find it inconsistent with the Comprehensive Plan. Ms. Huckle seconded the motion which carried 6-1. Vice Chairman Lehnertz cast the dissenting vote. MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JA/~UARY 14, 1992 Proposed amendment to Appendix C-Subdivisions, Platting, Article XII regarding acceptance end tenance of required improvements. main- Ms. Heyden explained this proposed amendment was initiated by the City Attorney to address a gap regarding the City's current pro- centre for accepting and ma~¥aining required improvements. She saia s~nce there are no policies in the Comprehensive Plan which specifically address this issue, it can be ~oncluded that the proposed amendment is consistent with the Comprehensive Plan. Ms. Greenhouse asked if the . and ivering a cash bond or ~red for one Y sites to c0minq to release the surety. intent. acceptance that is the Ms. Greenhouse asked if the cash bond itself was going to guaran- tee defect in workmanship and is going to be a separate document. Mr. at .the present time there is a separate a surety or cash bond is not always This new ordinance will require a bond and guarantee be and only the value of the bond be set by the Trehy added that previously only an required. The language seemed awkwar~ to o ~. Attorney Trehy thought the first three lines of ~ld ordinance were stricken and should not have been. That language Will be placed back in the proposed amendment. App ton to approve and find consistent with the sive Plan, New Business, 7A2, proposed amendment to - C-Subdivisions, Platting, Article XII regarding accep- m lntenance of r ~e~lred improvements as ameaded here Ms~ Huckle seconded ithe motion which carried 7-0. 3. Proposed ame~.dment to Appendix A-Zoning, Section 4.F, regarding height limitations and eXceptions. Ms. Heyden stated this amendment was initiated by the City Commission due to concerns raised at the November 5, 1991 City Commission meeting when WPVR requested a relay tower. In addi- tion, there was concern that the current height exception proce- dure, as it is currently written, does not reflect the voter referendum establishing a 45 foot height limitation. There is only one policy in the Comprehensive Plan that relates to building heights; however, there is no conflict with this pro- posed amendment. Staff recommends the Board find this to be con- sistent with the Comprehensive Plan. - 8 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 14, 1992 Chairman Rosenstock noted the height of a church, dome, steeple or cupola is not specified. Ms. Heyden said a separate height has not been established for those items. Ms. Stevens wondered if there should be height limitations made on the type of electrical and mechanical support systems and ~mmtar structures and their necessary mechanical appurtenances on top of buildings. Ms. Heyden said a person would be allowed to apply to the City Commission for a height exception. Ms. Huckle pointed out that this proposed amendment limits requests f~r height exceptions. Mr. Cutro said it specifically removes radio and television towers. He added the r~ason the City ~ommission 'is proposing this amendment is because a question was ]raised~ by ~vice Mayok'Harme~ing and researqhby the City Attorney indicated wa%e~i cooli~ and fire to'ers, and radio and tele~i~oh ~6~rSwere ~t granted exceptions 'in ~he original referendum. Ms. ~ck!e mo~ed to approve the proposed amendment to Appendix A-Zo~i'5~,~Section 4.F, regarding height limitations and excep- tio~,'and find it consistent with the Comprehensive Plan. Mr. Collins seconded th~ motion which carried 7-0. Proposed amendment to Appendix A-Zoning, Section 6.D to eliminate the sale or rental of new or used auto- mobiles, boats, recreetion vehicles, utility trailers and commercial trucks as a permitted use in the C-4 zoning district. Mr. Cutro said at the last Planninq and Zoning Board meeting, this Board considered a change to ~he zoning on Federal Highway, which was forwarded to the City Commission. One of the recommen- dations was to remove these uses from the C-4 zoning district. The changes as proposed by the City Attorney's Office will effec- tuate that recommendation and there are no policies known of in the Comprehensive Plan that would be violated by this. Therefore, it is consistent with the Comprehensive Plan and Staff recommends it be forwarded to the City Commission with a recom- mendation for consistency and approval. Ms. Huckle asked how this proposed amendment affects the zonmng regulations for the CBD. Mr. Cutro advised this pertains only to the C-4 zoning district and sale of automobiles is not allowed in the CBD. Ms. Greenhouse moved to approve and find consistent 7A4, proposed amendment ~o Appendix A-Zoning, Section 6.D, to eliminate the sale or rental of new or used automobiles, boats, recreation vehicles, utility trailers and commercial trucks as a permitted MINUTES PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 14, 1992 use in the C-4 zoning district. Mr. Collins seconded the motion which carried 7-0. 8. COMMENTS BY MEMBERS Ms. GreeD_house inquired from and ] preser~ted to %he ( meetings. about the status of the ordinance ~ses. She felt nonconforming uses would increase revenue in the downtown area ~ would be given priority. Mr. Cutro dropped Board approved to review it-again. It will be Commission at one of their next two Chai to tHatthis Board. Ms. ~k Greenhouse curr inquired about the position of the City It was Mr. Collins' opinion reasons fornot being able taken into consideration, and alternate members on the Mr. Collins and suggested Commission that t~re are taken on a case by case basis. be changed. Chairman Rosenstock for being absent. more the is allowed three absences and at the ~equest was instituted in ~ member is allowed no ~it~in a one year period. ~airman Rosenstock i~structed the Recording~Secretary to ask the Clt~ Clerk to senda letter to the members regarding the absentee policy. COMMENTS BY WILDA SEARCY Ms. Searcy of 402 N. E. 13th Avenue asked if bids were received for the sidewalks in her neighorhood. Mr. Cutro said he would have someone call Ms. Searcy regarding this tomorrow. Ms. Searcy talked about the bridge going over Ocean absence of a neighborhood supermarket, and the need sentation in the community by minorities. Avenue, the for repre- Chairman Rosenstock advised Ms. Searcy the Planning and Zoning Board has no 3urisdiction over her requests. - 10 - MINUTES - PLAi~NING AND ZONING BOARD MEETING BOYNTONBEACH, FLORIDA JANUARY 14, 1992 9. ADJOURNMENT There being no further business, the meeting properly adjourned at 8:50 P.M. Eve Eubanks Recording Secretary (Two Tapes) 11 -