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Minutes 10-08-91 MINUTES OF REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 8, 1991 AT 7:00 P.M. PRESENT Maurice Rosenstock, Chairman Nathan Collins Cynthia Greenhouse Murray Howard Marilyn Huckle Gar~ Lehnertz William Cwynar, Alternate Ef~em Hinson, Alternate Chris Cutro, Planning Director Jorge Gonzalez, Asst. City Planner Tambri Heyden, Senior City Planner Yamile Trehy, Asst. City Attorney ABSENT Shirley Stevens (excused) CALL TO ORDER Chairman Rosenstock called the meeting to order at 7:10 p.m. Chairman Rosenstock led the group in the Pledge of Allegiance the Flag. to AGENDA APPROVAL There being no changes, the agenda was accepted as presented. APPROVAL OF MINUTES Mr. Cwynar moved to approve the minutes of the Regular Planning and Zoning Board Meeting of September 10, 1991. Mr. Collins seconded the motion which carried 7-0. Mr. Cwynar moved to approve the minutes of the Special Planning and zoning Board Meeting of September 16, 1991. Mr. Howard seconded the motion which carried 6-0. (Ms. Greenhouse abstained from voting since she had been absent from the meeting.) COMMUNICATIONS AND ANNOUNCEMENTS None - 1 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OLD BUSINESS OCTOBER 8, 1991 A. SITE PLANS NEW SITE PLAN (Postponed by applicant on 9/10/91) Project Name: Agemt: Owner: Location: Description: Best Homes at Boynton Lakes P.U.D., Plat 5 Edward J. Kaplan H.M.F. Investments, Inc. Congress Avenue at Plaza Lane, South- east corner Request for site plan approval to construct 41 townhouses on a 5.5 acre parcel within Boynton Lakes, Plat 5. Tambri Heyden made the presentation and explained this item had been withdrawn from the last meeting and, therefore, afforded an opportunity for the applicant to meet with the homeowners' asso- ciation. They were able to work out most of the problems pre- sented at the last meeting. Mr. Cutro explained that he attended a meeting with Mr. Kaplan wherein Mr. Kaplan stated agreement had been reached with the homeowners' association on all of the items at issue including parking, using the common areas for parking, hammerhead tur- narounds and whether or not they would allow overhangs and sidewalks. Mr. Cutro received a call from Lynne Matson today indicating this to be true. In response to a request from Chairman Rosenstock, Mr. Cutro agreed to get verification in writing before this application is forwarded to the City Commission. With regard to additional parking, the homeowners' association refuses to use any common area for parking. Therefore, Mr. Kaplan will provide one additional space in front of each unit allow for sufficient parking. Motion Ms. Huckle moved to approve the request of B^st Home~ of Boynton Lakes for site plan approval to construct 41 townhouSes on a 5.5 acre parcel within Boynton Lakes, Plat 5, subject to all staff comments. Mr. Cwynar seconded the motion which carried 6-0. (Mr. Howard abstained since he was absent for the last meeting.) MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEA'CH, FLORIDA A. PUBLIC HEARING OCTOBER 8, 1991 PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Locations: 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. NOTE: This application has been postponed by the applicant. Announcement must be made that the public hearing will be continued to the November 12, 1991 meeting at 7:00 p.m. Chairman Rosenstock asked that the record reflect that this applicant has requested this item be continued to the November 12, 1991 meeting. B. SITE PLANS NEW SITE PLAN 1. Project Name: Agent: Owner: Location: Description: Southeast Atlantic Distribution Center Robert E. Bashart Urban Design Studio Quantum Associates Lot 49, Quantum Park; approximately 400 feet east of Park Ridge Boulevard and Beta Drive Request for site plan approval to construct a 63,288 square foot distribu- tion facility on Lot 49, a 5.72 acre parcel, within Quantum Park. Chairman Rosenstock announced the arrival of Commissioner Jose Aguila. Jorge Gonzalez made the presentation. This project is proposed to be constructed in two phases. The first phase will consist of a 39,754 foot warehouse, 6,038 office and an 1,800 square foot shop. The second phase consists of a 15,700 square foot ware- house addition which will be located east of the first phase. Two driveways onto Park Ridge Boulevard are proposed for the distribution facility. The TRB recommended approval subject to staff comments. MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 Chairman Rosenstock wondered if this application is approved and the applicant~asks for expansion plans for sometime in the future, under the Code, aren't they limited in time with regard to the approval? Mr. Cutro stated the Code does not address that issue at this time. He stated that the City must interpret this as the approved site plan even with the additional 15,000 square feet, and the applicant would have to meet the criteria of the Code available at the time of the expansion. Major changes could require additional review at that time. Mr. Cutro thinks the new site plan review ordinance makes such a statement. Chairman Rosenstock asked Ms. Trehy to research this situation before the City Commission meeting. Ms. Greenhouse wondered if the Planning Department was concerned with the fact that there were so many comments from the Building Department, and she questioned why. Mr. Cutro explained that he had not reviewed the comments except those dealing with buffering the area to the south. He stated that many of the Building Department comments are geared to the permitting process or toward things that need to be pu~ on the building plans. It does not automatically mean the site plan is deficient. Ms. Greenhouse also questioned why each comment did not refer to a Code section. Mr. Cutro will speak with staff in the Building Department regarding this concern. Chairman Rosens~ock feels a policy should be instituted whereby a pre-planning meeting is arranged between key City employees and the developers to review the City's expectations in an attempt to avoid appearing before the Planning and Zoning Board with com- ments which should have been handled prior to the applicant's request for approval. Mr. Cutro explained there is no present requlremen~ for such a meeting; however, he has asked staff to sugges~ such meetings with developers. Chairman Rosenstock suggested Mr. Cutro write the City Manager suggesting a pre- application conference be instituted with all developers at the convenience of the City Staff and when the packet is distributed to developers, this memo should be included in that packet. Mr. Cutro expl~ained a booklet will be available for the developers when thsy pick up their site plan applications. He also pointed out that the City currently has processes which overlap. These processes will be pulled apart with the inception of the new site plan review process. Mr. Cutro will follow up on Chairman Rosenstock's suggestion. Mr. Lehnertz asked for clarification on Mr. Jaeger's comment with regard to the shop area requiring the Environmental Review Board certification. Mr. Cutro explained that truck repairs will be done in this shop and this generally requires ERB certification. Ann Catrell, Planner for Urban Design Studio, represented the applicant. She introduced Jeff Lis, Project Manager for the applicant. She thanked City staff for their time and con- sideration in meeting with them. She stated that many of the conditions are redundant, and understands how these situations - 4 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 impact differently on each department. She explained this parcel of land is 5.72 acres zoned P.I.D. Quantum installed all of the infrastructure and most of the perimeter landscaping. The tenant on this site will be Canada Dry; however, it Will be set up so that other distributors can use it also. Chairman Rosenstock wondered if there were limitations on what could be distributed ou= of this area. Mr. Cutro stated there were no limitations set. Ms. Catrell discussed some of the conditions which may create a problem and for which the applicant is requesting consideration. With regard to Building Department Comment 93, Ms. Catrell explained that Lot %49 will be purchased by the applicant. Lot 49A will remain in Quantum's ownership and therefore, the appli- cant cannot provide a Unity of Title for that lot. Lot 49A is under a perpetual easement granted to the South Florida Water Management District. The applicant has requested to be allowed to supply a Unity of Control for that lot. Ms. Trehy explained this problem was brought to the City Attorney's attention today and documentation and proof of ownership will be required. Other means will be researched to provide the City the sam9 protection provided in a Unity of Title. This item will be left with the City Attorney for a decision. The next item mentioned by Ms. Catrell is Item 911 which also relates to Items 27 and 29. This item deals with the requirement for the construction of a buffer wall along the sout~ property line. Items 27 and 29 relate to the specifics of the location, dimensions and the type of architectural treatment. It is the applicant's position, with concurrence from Quantum Park, that this is not a requirement. The applicant is therefore requesting th~ requirement for a wall along the south property line be dropped. Mr. Cutro believes this is a problem created by the inability to determine who owns Lot %49A. There exists an FPL easement and a South Florida Water Management easement on this lot. The requirement for the wall may apply, and if it does, they will have to build it. If it does not apply, they will. Chairman Rosenstock wondered how the Board would be able to vote on this application when the applicant does not want to comply with a part of the Code and is requesting a variance. Mr. Cutro explained that if the wall is required a~d the applicant does not want to erect it, they will have to go before the Board of Adjustment for a variance. He further explained tha~ the deter- mination is simple. If the CDD owns the property, no wall is required. However, proof of ownership is necessary. Ms. Huckle wondered how this situation was handled with Safety Clean. It was pointed out that Safety Clean owns everything up to the canal. MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 In response to a question from Ms. Greenhouse, Mr. Cutro stated he has not determined that no wall is necessary. He went on to explain that a finding was made that if the two properties were unified, it was determined that Lot 49A was a buffer area and a wall was necessary. The buffer area has now been broken off and put i~to CDD ownership which raises the question about the erec- tion of a wall. This situation is currently being researched. Mike ~aag's comments will sta~d until the City Attorney advises differently. A determination will be made prior to the City Commission meeting. George .Zimmerman, Vice President of Development for Quantum Associates, 1900 SE 17th Street Causeway, Ft. Lauderdale, Florida, explained that Quantum Associates owns both Lots 49 and 49A. The applicant has .a contract to purchase only Lot ~49. In a pet.ition to the City to form the CDD, Quantum stated that Lot %49A would be conveyed to the District. This has not occurred as of yet. At this point, Lot %49A remains in the ownership of Quantum. He stated the applicant will never own that property and, therefore, Lot %49A will always be an intervening lot. With regard to the construction of a buffer wall, he stated that when Safety Clean came before the Planning and Zoning Board, the wall was determined necessary. When Safety Clean went before the City Commission, he appeared on the basis that it was Quantum's analy- sis that the wall was not required. In lieu of the wall, the 40' green area was specified. In the standard industrial classifica- tion, the City does not require a 40' buffer between industrial and residential. Mr. Zimmerman stated he was quoting the City Code. Mr. Zimmerman stated: that the Code says a wall is required if you have an industrial district adjacent to a residential district. He explained that when Safety Clean came before the commission, the Commission was petitioned to get an opinion from the City Attorney on whether or not a wall was requi~ed. At that meeting, it was determined a wall was not required. The first site approval was granted without a wall. After that, Safety Clean changed their site plan and a wall was added at that time because City staff then required it. In order to avoid construc- tion delays, Safety Clean erected the wall. It is Q~antum Park's position that there is no r~qulrement for a wall between P.I.D. zoned land and residentiall~ zoned land. Mr. Zimmer~an attended ~he TRB meeting and stated Quantum's position, but the issue was not resolved. Chairman Rosenstock stated the Board should not have to vote on an application when all of the facts are not clear. Ms. Trehy stated this is the first time this issue regarding Safety Clean has been brought to her attention. Vince Finizio explained that agreements have been made with Quantum to provide some sort of buffer going back to the platting process. In his opinion, if Mike Haag says the Code requires the wall~ then he would go along with it. Chairman Rosenstock was not convinced. - 6 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 Mr. Cutro explained that FPL does not have a wall because it is across the canal from another piece of industrial land. Ms. Huckte stated that after reviewing the requirements on Page 192~ she did not see any requirement for a wall. The only requirement is for greenery. Ms. Greenhouse questioned whether when the Code says an industrial district abuts an residential district a wall is required, and in the preamble it states that the strictest intrepretation of the Code is going to apply, doesn't it mean that ~hether an industrial district is a P.I.D. or not a P.I.D., it's still an industrial district and there must be a buffer wall between a residential area and an industrial area? Ms. Trehy reiterated this is the first time she had heard of this issue and she did not know of any preamble. General provisions would seem to apply throughout, but she refused to give an opinion without seeing the specifics. The wall will be 350' wide by 6' high. Ms. Catrell stated the applicant is not trying to avoid building the wall, but the wall may not be allowed by the agencies who have access to Lot %49A. However, if it is a requirement, and permission can be obtained from the agencies and a variance cannot be obtained, the wall will be built. Chairman Rosenstock asked Mr. Zimmerman if the City staff and City Attorney determine that a wall must be built, will yon oppose it? Mr. Zimmerman replied, "yes" because it would be an improper determination. He stated this discussion has been pre- sented at least eight times. Ms. Greenhouse wondered why he opposes th~s wall if he Ks not paying for it. Mr. Zimmerman feels it serves no purpose and is a waste of money. He would prefer landscaping. Mr. Lehnertz pointed out that the green space has only ground cover at the present time. He is concerned with the request to delete the landscaping which would provide a visual buffer. He feels the ground cover and water would not buffer the sights and sounds of the industrial area. While a 6' wall may not provide enough of a buffer, a heavily vegetated area is most certainly required regarless of whether or not a wall is constructed. Mr. Zimmerman stated that South Florida Water Management District will not allow trees and shrubery to be planted within their easement. Mr. Collins pointed out that this is an issue which cannot be resolved by the Planning and Zoning Board. Mr. Jeff Lis, 1540 Latham Road, represented Catalfumo Companies, in this case, Forty-nine Distributors, Inc. They will own Lot %49. They have a requirement from Canada Dry to erect an 8' high - 7 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 chain-link fence with three strands of barbed wire around the entire perimeter. This includes the south property line. They are also required to have a hedge, 18" high on 2' centers. The hedge will eventually grow into the fence and will create a buffer. If the hedge needs to be more dense, larger plants can be planted. He stated that South Florida Water Management District retains the rights to restrict vegetation on the ease- ment. There is a permit process; however, the applicant is generally turned down. FPL's 15' easement is over Lot 949. They do not have an easement on Lot #49A. They have restrictions as to the type of vegetation Which can be planted within the ease- ment. They have met FPL's and South Florida Water Management's requirements with regard to easements. The City will be meeting with South Florida Management on Thursday to attempt to clear up some of these issues. Mr. Lis wants this project to go forward. Chairman Rosenstock asked Mr. Lis if he will comply with whatever the City Attorney and City staff determine is necessary. Mr. Lis responded, "not the way they are presented right now". After questioning by Mr. Lehnertz, Mr. Lis admitted that erecting the wall and vegetation is an economic issue. He will put in the required landscaping, but he stated he is not required to put in a wall because he does not adjoin a residential area. He adjoins a P.I.D. Chairman Rosenstock pointed out to Mr. Lis that he must comply with the Code and Mr. Lis stated that is exactly what he intends to do. Mr. Lis claims the conditions give him the alter- native to landscape rather than erect a wall. Ms. Catrell pointed out Item 924 and stated this may not be acceptable by the controlling agencies. Chairman Rosenstock stated he knows differently. Landscaping will be permitted, but no trees are allowed. She stated that all other conditions are acceptable. Mro Lehnertz moved that the Planning & Zoning Board recommend approval of Southeast Atlantic Corporation Distribution Center, located at 149 Quantum Park, approximately 400' east of Park Ridge Boulevard and Beta Drive, request for site plan approval to construct a 63,288 square foot distribution facility on Lot #49, a 5.72 acre parcel, within Quantum Park, subject to all staff comments with the following exceptions: ~1) If the City Attorney determines that Unity of Control for Lots 49 and 49A is suf- ficient, that would override Comment ~3 from the Building Department; and 92) The Attorney and staff determine that the buffer wall is not required, the applicant will construct a chain-link fence with a dense vegetative buffer; said buffer is to consist of native hedge material greater than 2 feet in height and interspersed with canopy trees as well. Cynthia Greenhouse seconded the motion which carried unanimously. - 8 - MINUTES - REGULAR PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD MEETING OCTOBER 8, 1991 MS. Greenhouse left the dias at 8:26 p.m. Mr. Cywnar also left the dias. OTHER A. CONSISTENCY REVIEW (pursuant to Chapter 163.3194 F.S.) Proposed amendment to Appendix A-Zoning to allow ambu- lance services as a permitted use in the M-l, Light Industrial, zoning district. Mr. Cwynar returned t'6 th~ dias. Mr. Cutro explained this request from Messrs. Joel Moyer and Thomas DiGeorgio. The Comprehensive Plan allows transportation facilities in the industrial land use category. The M-1 zoning district allows package express and messenger services and police and fire stations. Staff recommends approval of this use. Mr. Howard moved to find this use consistent with the Comprehensive Plan and forward it to the City Commisslon with a recommendation it be added to the permitted uses category of the M-1 zoning district. Ms. Huckle seconded the motion which carried 6-0. (Ms. Greenhouse did not vote since she was away from the dias.) Proposed amendment to Appendix A-Zoning to allow vegeta- tion recycling facilities as a permitted use in the M-l, Light Industrial, zoning district. Ms. Greenhouse returned to the dias at 8:31 p.m. Mr. Cutro explained this Ks a request by Waste Management of Palm B'-ach to allow for vegetation recycling in the M-1 zoning district. Recent changes in State law associated with problems in locating land fills require that waste streams be reduced. A significant portion of waste stream is made up of brush, grass clippings, tree trimings and other similar materials. 30% of Boynton Beach's waste stream is made up of this type of material. This does not include vegetation put in plastic bags and sent to the dump. Staff recommends approval of this request. Peter Sachs, Attorney representing Waste Management, introduced Michael O'Brien, General Manager of Waste Management. Mr. Sachs stated there will be no composting on the site. The noise generated will be same as presently exists. No odor will be pro- duced by the operation. There are no residential neighbors to the site. The operation will benefit the City. It is not a com- mercial operation. The only customers will be Waste Management and the City of Boynton B~ach if they choose to participate. The fees charged for the recycling will be less than those presently MINUTES - REGULAR PLANNING & ~.ONING BOARD MEETING BO~/NTON BEACH, FLORIDA OCTOBER 8, 1991 charged by Solid Waste Authority. If the City chooses to get involved in using the mulch or making it available to the resi- dents of the City, Waste Management will deliver the mulch at any location within the City designated by the City. Chairman Rosenstock wondered what would be done with the mulch material if the City does not want it. Mr. O'Brien responded that mnlch material is used as clean cover in land fills. Also, Mr. ~unt will acce~t it or Waste Management will transport it to its plant in Pompano Beach. Chairman Rosenstock pointed out to Mr. Cutro that this is only one request and yet he is requesting that all M-1 areas be allowed to do this. Mr. Cutro stated that limitations can be placed on this use. This is why staff recommended it be per- mitted as an accessory to an operating facility. Mm. Huckle complimented Waste Management on the cleanliness of their site. She stated the site is "immaculate". Mr. Lehnertz moved that the Planning and Zoning Board recommend that vegetation recycling facilities will be permitted in the M-l, Light Industrial~ zoning district to allow the proposed use as an accessory use to a solid waste operating and recycling facility, and that it is consistent with the Comprehensive Plan. Mr. ~oward seconded the motion which carried unanimously. B. DISCUSSION 1. Consideration of limitations on restaurants located in the C-1 zoning district MN. ~uckle asked that this item be reviewed. Mr. Cutro has had difficulty in researching this topic. He reviewed old residen- tial uses and came up with the following: That no restaurant be allowed in an office building or complex of less than 25,000 square feet. This is being done to set some parameters. 2. That no restaurant shall occupy more than 5% of the total square footage of the office building or structure. e That no signage for the resturant shall be placed on any freestanding sign for the office building or complex. We do not want exterior signage which will attract busi- ness from off the street. 10 - MINU~ES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 No alcholic beverages shall be served. Mr. Cutro thinks alchclic beverages attract people. The selling of alcho- lic beverages will not be permitted. o Hours of operation shall be limited from 6:00 a.m. to 4:00 p.m. This is required because it covers the typical working day. Mr. Cutro asked the members to review it and add any suggestions they might have. MB. Huckle stated she would prefer if there were no provisions in C-1 zoning district for any restaurants of any type; however, there is merit in the comments made by Mr. Cutro. She is mainly concerned that there is no mention that under no circumstances should a restaurant be allowed as a conditional use unless it is as an accessory to a permitted use. Mr. Cutro stated that would be the preamble to this. He explained his conunents are very rough at this time. Changes will be made and it will be brought back to the Board for review and approval to forward to the City Commission. Code revisions to the regulations governing service stations with or without major repairs addressing distance separation, development standards and inclusion of convenience store/gas stations. Mr. Cutro put together a comparison of cities in Florida in an attempt to draw some conclusions. The B~ard briefly reviewed each category with Mr. Cutro. Discussion ensued regarding this item and it was decided that Mr. Cutro would summarize the Board's recommendations and then wait for instructions from the City Commission on this item. Mr. Lehnertz questioned the landscape Code wherein 18" hedges are required. Mr. Cutro statted his requirement is being changed to at least a 2' hedge, 24" on center, with a high-growth species. Mr. Cutro is considering telling Quantum to submit a buffer detail. That buffer will then be installed all along the South Florida Water Management District canal. ADJOURNMENT There being no further business, Ms. Greenhouse moved to adjourn the meeting at 9:15 p.m. Ms. Huckle seconded the motion which carried unanimously. Janet M. Prainito Recording Secretary (Three Tapes) - 11