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Minutes 09-10-91MINUTES OF REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 10, 1991, AT 7:00 P. M. PRESENT Maurice Rosenstock, Chairman Nathan Collins ~Cynthia Greenhouse Marilyn Huckle !Shirley Stevens William cwynar (Alternate) El!rem 5inson(Alternate) Chris Cutro, Director of Planning Tambri Heyden, Senior City Planner Jorge Gonzalez, Assistant city Planner Yamile Trehy, Assistant City Attorney W. Richard Staudinger, P.E., Gee & Jensen Consulting Engineers Wilfr~ed Hawkins, Assistant to City Manager ABSENT Gary Lehnertz (Excused) Murray Howard (Excused) CALL TO ORDER Chairman Rosenstock called the meeting to order at 8:00 P.M. AGENDA APPROVAL Mr. Cutro asked that Old Business be moved to the end of the meeting so that the site plans could be moved up. SeaMist Centre and Marina (Item 7Al) and Administrative Procedures ordinance (Item 8Al) should be dropped from the Agenda. Under New Business, we need to establish a special meeting for Ezell Hester Park. The Agenda was approved as changed. APPROVAL OF MINUTES Mr. Cwynar moved to accept the Minutes of the August 1, 1991 meeting as presented. Ms. Greenhouse seconded the motion. Ms. Huckle abstained as she was not present at that meeting. The motion carried 7-0. Regarding the Minutes of th~ August 13, 1991 meeting, on page 8, regarding the parking lot variance for 125 S. E. 22nd Avenue, Mr. Collins and Mr. Howard cast the dissenting votes, not Mr. Hinson. - 1 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1991 On page 13, with regard to numbers 4 and 5, Ms. Greenhouse made that motion, not Mr. Howard. On page 19, Ms. Huckle spoke with regard to the motion con- cerning the wholesale distribution of processed meats and poultry in the C-4 district as a conditional use. It was subsequently presented to the City Commission and passed as a permitted use. Mr. Cutro said it was approved as a conditional use, however he thinks that when he submitted his backup, the City Attorney indicated that he could not strictly take out the C-4 district on Federal Highway. Ms. Huckle did not think that this Board's decision had been presented. Mr. Cutro said he would check this out. Ms. Huckle moved that approved as corrected. which carried 7-0. the Minutes of August 13, 1991 be Mr. Collins seconded the motion COMMUNICATIONS AND ANNOUNCEMENTS None. NEW BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Description: Abita Springs Water Co., Inc. Efram Pesyna VRT Corporation 3030 S.W. 13th Place; southeast corner of S.W. 30th Avenue and S.W. 13th Place Request for a variance to Section 5-142[h)(7) "Driveway" of Article X, Parking Lots. Mr. Gonzalez made the presentation. Abita Springs Water Company is a manufacturer and distributor of bottled water and is requesting a variance to Section 5-142(h)(7) which prohibits more than two driveways from any property. Where properties abut more than one public or private right-cf- MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1991 way, additional driveways may be permitted, but in no instance shall the number of driveways exceed two on each street. Abita Springs is seeking relief in order to add a third driveway onto S. W. 13th Place. Two driveways currently exist onto S. W. 30th Avenue. If this variance is granted, the subject property will have a total of five driveways. After review and discussion the TRB recommended that the request to add a third driveway onto S. W. 13th Place be denied. The TRB felt that the need for an addi- tional driveway has not been sufficiently demonstrated and that no special circums%ances exist to warrant the granting of a variance. Ms. Huckle wanted to know if this is a Code Enforcement case because that third driveway is presently being used. Mr. Gonzalez said that when the site plan modification was approved for this site back in December, that driveway was not shown on the site plan. The site plan only showed two driveways on that street. Mr. Cutro said that there was a final building inspection for improvements that were made. The third driveway was still there. Therefore, the Certificate of Occupancy was denied. Emfram Pesyna, said that this building was constructed in 1975. He purchased the building back in 1985 not knowing that this driveway was supposed to have been taken out. He showed the Board photographs of the third driveway and a semi. He said it was important to utilize the third drive- way in order to function and operate his company out of this location. It is impossible to maneuver a semi into the parking lot without it. Ms. Greenhouse asked if allowing this third driveway would present a problem with safety. Mr. Cutro said that because of the limited amount of traf- fic, he did not think there would be a problem. It was brought up that this might be a hardship case. Mr. Staudinger said that when this application came before him~ the original site plan did not indicate that a third driveway would be left in this area. It did not appear that the site met the requirements of a variance which ~s a hardship. He felt that the site could still be utilized - 3 - MINUTES - REGULAR PLANNING & ZONING BOYNTON BEACHr FLORIDA BOARD MEETING SEPTEMBER 10, 1991 because a site plan was submitted with two driveways which appears to provide proper circulation and proper parking. It was his opinion that a variance should not be granted for it. Ms. Huckle asked Attorney Trehy if, in granting this variance, the Board has to specify particular items for granting. Attorney Trehy said that there is no requirement that they be specified. The discussion itself will stand on the record. The variance provisions require for there to be a hardship which is not self-imposed and which was not existing. Ignorance of the cods would be a self-imposed type of activity. As long as this Board feels that the record is clear and that discussion has been had, the motion can be made. Mr. Collins moved to approve the request for a variance to Section 5-142[h)(7) "Driveway" of Article X, Parking Lots, located at 3~30 S. W. 13th Place; southeast corner of S. W. 30th Avenue and S. W. 13th Place, project name - Abita Springs Water Company. Mr. Cwynar seconded the motion which carried 7-0. B. SITE PLANS NEW SITE PLAN 1. Project Name: Agent: 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, southeast corner Request for site plan approval to construct 41 townhouses on a 5.5 acre parcel within Boynton Lakes, Plat 5. Ms. Heyden made the presentation. Plat 5 is comprised of a single family home tract which is currently under construc- tion and has been for quite a while. This tract was platted for 41 townhouses in 1985 by the original developer, Lennar, but a site plan was never filed until now. Best Homes is the contract purchaser. The site Plan proposed implements the plat of record with private streets, one project entrance off of Plaza Lane and 41 one and two story townhouses with garages. Staff has made several recommen- - 4 - MINUTES - REGULAR PLANNING BOYNTON BEACH, FLORIDA & ZONING BOARD MEETING SEPTEMBER 10, 1991 dations for developing this tract which are summarized in the Planning Department memorandum. Memorandum #91-372 from the Forester supersedes his M~morandum #91-355. The TRB recommends approval subject to staff comments. Robert DeCamillo, Architect, representing Mr. Kaplan, said that there were a few things relating to staff comments beyond his client's realm of correcting. This property was platted by Lennar. His client bought it from Lennar. He is only buying the sites for the buildings and there is a large area of property that is owned by a homeowner's association that you cannot build on or make improvements to. One of these items is a cul-de-sac. Ms. Heyden said that the TRB still felt the cul-de-sacs could be consructed. There was discussion regarding lack of communication between the applicant and the various City departments. There was also discussion regarding the common areas not owned by the applicant. George Christie, 4 Kyle Way, Vice President of Boynton Lakes North Homeowners Association said there has not been any discussion between his association and Mr. Kaplan or his representatives. His association would like to be made more aware of what is happening with respect to this project. Robert DeCamillo withdrew this item from the Agenda on behalf of the applicant to further discuss with matter with the developer and the Engineering Department. Project Name: Agent: Owner: Location: Description: Leon Surles Carpet Wholesale None Leon O. Surles N.E. 3rd Street at N.E. 5th Avenue, southwest corner Request for site plan approval to construct a 4,000 square foot carpet wholesale distribution facility on .77 acres. Mr. Gonzalez made the presentation. Leon Surles is requesting site plan approval to construct a one-story 4,000 square foot carpet wholesale and distribution facility located at the southwest corner of N. E. 5th Avenue and N. E. 3rd Street. The subject parcel is approximately .77 of an acre in size and is currently zoned C-4 which is MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1991 general commercial. Access to the parcel is from a two-way driveway onto N. E. 3rd Street, and a one-way "out" driveway also onto N. E. 3rd Street. The TRB reviewed the request and recommended approval subject to staff comments. Ms. Buckle was concerned about the terrible condition of the alley. She wanted to know why Mr. Finizio recommended that the paved area at the rear of the one story CBS building ~ot be utilized for off street parking, and what was that piece of concrete there for. Mr. Staudinger believed that it was there for delivery purposes. Mr~ Staudinger thought that when he and Mr. Cutro discussed this application with the TRB that it was requested that the applicant modify the circulation in the parking lot with the dumpster. Mr. Cutro said that the recommendation was for the two spaces to be eliminated to create an access road. Ms. Huckle was concerned that this was not an absolute requirement and that the applicant could do as he chose. She could not see any re~son why he could not service the dumps~er tbs way he already has it proposed. Mr. Staudinger said that the problem was how to maneuver the truck in there to service the dumpster. The dumpster is located at the far end of the property, imbedded back behind the driveway. Discussion ensued regarding servicing the dumpster. Mr. Cutro said that the trucks are large, and that Public Works tries to get as clean a pick up as they possibly can. In this situation, because of tightness and the s~ze of the truck, you have to manuever the truck a few times so that you do not run over curbing. Mr. Staudinger mentioned that the dumpster has to be high so that drainage runs off and away from it. With regard to the handicap parking stall, Ms. Buckle wanted to know how it could be placed parallel to and facing the traffic aisle. Mr. Staudinger said that was probably a typographical error and should be perpendicular, hoe parallel. Ms. Huckle asked Mr. Gonzalez why he recommended elimination of two parking spaces to allow for circulation of the gar- bage truck, when the requirement is for 14 parking spaces. - 6 MINUTES - REGULAR PLANNING BOYNTON BEACH, FLORIDA & ZONING BOARD MEETING SEPTEMBER 10, 1991 Mr. Gonzalez said that the generation rate used in the site plan is higher than what is actually required and that there is a surplus of parking spaces at this site. Mr. Gonzalez said that the applicant was present at TRB when the recommendation to eliminate the two parking spaces in order to facilitate circulation was made, and that he did not think that was a problem. With reference to comment number 11 of the Engineering Department's Memorandum No. 91-164CC, Mr. Staudinger suggested that the Board recommend to the Commission that the right-of-way be abandoned and the property be given back to the owners. Mr. Cutro said that he will contact the applicant and the appropriate homeowners regarding this. Mr. Rosenstock asked if the applicant was going to abide by the comments. Mr. Staudinger said that the applicant had no major objec- tions when these comments were discussed with him at TRB. Howe~er, the r~ght-of-way abandonment was not discussed. Ms. Huckle moved to grant the request for site plan approv- al to construct a 4,000 square foot carpet wholesale and distribution facility on .77 acres located at 515 N. E. 3rd Street at N. E. 5th Avenue, southwest corner for Leon O. Surles for Leon Surles Carpet Wholesale subject to all staff comments. There was discussion that if the applicant does not go for the abandonment, then he has to do the swale treatment as recommended in comment number 11 of the Engineering Department's Memorandum No. 91-164CC. Mr. Collins seconded the motion which carried 7-0. SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Space Plus (f.k.a. Mega Mini) William J. Holzer Mega Mini Co., Ltd. 2951 S.W. 14th Place Request for approval of an amended site plan to construct an outdoor rental storage lot. The presentation was made by Jerry Church, the engineer who prepared the plans. He said that this is essentially a MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1991 parking area located just off of Congress Avenue and north of S. W. 30th Avenue. The slx acres to the west have been developed as self storage. The proposal we have is to develop that 4 acres on the east side for what we would call open storage. Open storage parking has become a necessity for communities where parking of commercial vehicles has Peen prohibited. Mr. Rosenstock asked if he was referring to the same type of storage that is behind the post office off of Boynton Beach Boulevard behind Publix. Mr. Church said that essentially it was, but he thinks this is a much better example of how it can be done° Mr. Church said he determined that there is no nearby open storage like this being proposed with the exception of the one just to the north on Military Trail in back of the post office. He said that this site is ideally suited for the function. It is completely screened to the west by the existing self-storage buildings. To the south there are two office warehouse complexes next to the tract. It would completely screen it from any persons on S. W. 30th Avenue. On the north side is the Lake Worth Drainage District canal and on the opposite side of the canal is a residential area. The boundary separation to the north would be screened with a wall. In addition to the wall, there would be vines on the outside. It would be a six foot block wall. In order to provide better transition in view of the residential to the north it is proposed to set the wall setback 20 feet. It will line up with the wall of the pr.esent building. On the outside, facing the residential to the north, we propose trees, providing a continuation of the existing planting that is presently there now. The area to the east is presently a fire training site and a technical~ school. Along that side there would be complete Scre~sing, including a fence closed off so that there ~ould b~ no v~sibility. It would be a 6' chain link fence ~with slats. On the outside of that would be landscaping. The area woul~ Provide parking for open storage for approximately 385' vehicles. The applicant believes there is excess parking, provided presently with the existing facility. It woul~ be run as a complimentary use in terms of what is taking p~ace now. Ms. ~eyden added that the proposed storage lot was deter- mined not to be a parking lot. Therefore, parking regula- tions do not apply. - 8 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1991 Mr. Rosenstock stated that the Board of Education is pro- posing the location of a high school in that general area to the southeast. In addition, he was concerned about the people of Golfview Harbour not being aware of this proposal. He also thought the proposed storage lot would look like a junk yard. Mr. Church provided the Board with photographs of what the open storage would look like. The said that the trees will be spaced approximately 40' apart, and that they are over and above what is actually needed in terms of landscaping requirements. He said there will be irrigation for the landscaping, and surface treatment for the parking areas would be shell rock with a prime coat or a penetration type of asphalt. He further stated that damaged or junk vehicles would be prohibited from being left there. Ms. Greenhouse was concerned about the residents of Golfview Harbour not being aware that this matter was before the Board. Mr. Cutro stated that those property owners will be notified prior to the City Commission meeting. It was determined that there would be over 100 feet of landscaping between the proposed facility and a house. Ms. Buckle moved to approve the request for Space Plus, William J. Holzer, Owner Mega Mini Co., Ltd., 2951 S. W. 14th Place, for an amended site plan to construct an outdoor rental storage lot subject to all staff comments. Mr. Collins seconded the motion which carried 7-0. Mr. Collins left the meeting at this point. EZELL ~ESTER PARK A special meeting of the Planning & Zonning Board was set for Monday, September 16, 1991 at 7:00 P. M. Mr. Cutro said that Ezell Hester Park has been under construction for a period of time. There are some changes that need to be made to the recreation center that is being built on the site. Most of the changes are internal. Proposed amendment to Appendix A-Zoning to allow towing companies in the M-l, Light Industrial Zoning District. Mr. Cutro said that as part of the new towing contract for the City, all participants are going to be required to have - 9 - MINUTES - REGULAR PLANNING BOYNTON BEACH, FLORIDA & ZONING BOARD MEETING SEPTEMBER 10, 1991 an office and a storage yard in Boynton Beach. However, no zoning district specifically allows towing companies with accessory storage. In talking with the City Manager's office, it is suggested that M-1 district be amended to allow that use with all of the provisions for the drainage, lighting and for screening. Vehicle storage is an allowable use in the General Commercial land use category and is cumu- latively allowed in the industrial land use category. The M-1 zoning district is the implementation of the industrial la~d use category and it allows storage and wholesale uses, many of which require outside storage, including building materials, sheds, passenger vehicles, trucks and buses. Since these uses are all similar, Mr. Cutro believes this is consistent with the comprehons~ive plan. It was recommended that the Board find it to be consistent and forward it to the City Commission with a recommendation for approval. Ms. Greenhouse commented that this looks like it is going to be a junk yard. Mr. Hawkins said that it was not a junk yard. It is for accident vehicles, and most of those vehicles are rotated out of there. He could not say on how frequent a basis. If a car can be repaired, it is going to be towed to a repair shop by the initial company that towed it from the scene. State Statute does not allow even code enforce-ment type vehicles to stay for more than 35 days. A person who is running a storage business is not going to keep a vehicle more than that period of time. The majority of vehicles they were about are talking vehicles from acci- dent situations that are towed from the accident scenes. Ms. Greenhouse asked if the storage was going to be limited to accident vehicles or are red tagged vehicles also involved. Mr. Hawkins said that from experience with the current tow company, most of the vehicles that are kept at the yard are just from accident scenes. Attorney Trehy said that one reason for this proposal is for the residents themselves. If their vehicles are towed, they will be held within the City so that the resident does not have to go to another city to reclaim his vehicle. _Another reason for this proposal is for evidentuary purposes and police investigations. There are statutory provisions con- cerning how long the car has to be held. Any tow company would probably maintain a vehicle for the minlmum amount that is allowed by Statute. Their whole purpose is to make money. It would make sense that they would do something to make money with it and not let a vehicle sit there. - 10 - MINUTES - REGULAR PLANNING & BOYNTON BEACH, FLORIDA ZONING BOARD MEETING SEPTEMBER 10, 1991 MS. Stevens said it looks as though the City Commission is saying you must have this in the City. Therefore, you would no= want it in any district other than M-1. She agreed with the City. She did not want to go to another city to reclaim her car should that occur. Ms. Huckle moved to recommend allowing towing companies vehicle storage in M-1 Zoning districts and that we find that this is consistent with the Comprehensive Plan. Mr. Cwynar seconded the motion which carried 4-2. Mr. Rosenstock and Ms. Greenhouse cast the dissenting votes. OLD BUSINESS A. CONSISTENCY REVIEW (Pursuant to Chapter 163.3194 P.S.) Nonconforming Structures Used for Conforming Uses - amendment to Appendix A-Zoning, Section 11.1 of the Code of Ordinances to allow for expansion of noncon- forming structures used for conforming uses. (Tabled August 13, 1991) Mr. Cutro said that as requested by the Board, some changes were made to this Ordinance. Language requested by the City Attorney regarding parking was added. One other change was made that he wanted to make the Board aware of. This Ordinance was originally written as a nonconforming use Ordinance. All the references to nonconforming uses were eliminated. He felt a conditional use to expand a structure is for site plan review. He changed it from a conditional use to a site plan review. Other than that no other changes have been made and he asks that this be sent to the City Commission with the recommendation of consistency. Ms. Greenhouse stated that the site plan review procedure has been so streamlined that it is almost entirely admin- istrative. The conditional use places a burden on the applicant to show why a nonconforming structure ought to be expanded. Mr. Cutro said that we will only be able to make minor changes. The expansion of a building, and making deter- minations as to whether or not to provide parking on site or whether to waive the parking in lieu of fees, are not mau- ters that the City has the ability to deal with administra- tively. Ms. Greenhouse asked for an explanation of this proposed amendment. Mr. Cutro gave a lengthy explanation. 11 MINUTES - REGULAR PLANNING BOYNTON BEACH, FLORIDA & ZONING BOARD MEETING SEPTEMBER 10, 1991 There was discussion regarding the five year limitation and the City having to return the money. Ms. Trehy and Mr. Cutro are going uo work on number 4 which states, "That funds will be available to the City from what- ever source to plan, design, develop and operate municipal parking facilities reasonably related by location, number of spaces, and commencement of operation to the contributing payment is lieu of parking." Ms. Trehy wants uo make sure that it is clear that the City is not taking on any obliga- tion or responsibility to come up with the difference if, for example, only three developers choose to pay rather than provide parking. She did not want that paragrapk to be interpreted ~o mean that the City is going to make up the difference and provide ~he parking. Ms. Huckle moved to recommend to the City Commission Amendment to Appendix A-Zoning, Section 11.1 of the Code of Ordinances to allow for expansion of nonconforming struc- tures used for conforming uses. The motion was amended to include that said Amendment be revised consistent with the discussions that the Board had at this meeting. Ms. Greenhouse seconded the motion which carried 6-0. Proposed amendments to Appendix B--Planned Unit Developments of the Code of Ordinances, Section 6.F Planned Commercial Development District and Section 7--Planned Industrial Development District o.f Appendix A-Zoning of the Code of Ordinances to create time extensions for master plan approvals. (Postponed Auqus~t 13, 1991) Mr. Cutro said that this change allows for time extensions in such developments that have not yet begun the platting process and enables them to extend the expiration date. At the same time, it eliminates the ability to extend the expiration date of a plan by simply making a minor change to the plan. The PUD and BCD sections have been changed. In the PID section, it already reflected that you could apply for a change. The language has been made consistent between sections. It is basically the same language in the PUD, PCD and the PID. You have 18 months from the time that you file a masker plan and it is approved by the City Commission to begin the platting process. This will allow a person to add an additional one year to that 18 months from Commission approval. 12 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1991 MS. Greenhouse thought that all the Board was supposed to be doing with this was to keep it as it was but to make sure that one could not make a minor modification and get addi- tional time. Mr. Cutro said it was to extend. In answer to Ms. Greenhouse's question as to why we would want to extend time, Mr. Cutro said that we would not have to take the master plan back through the approval process when there are no changes made. Mr. Cutro said that in granting such extensions, the City Commission may impose additional conditions to insure completion of the platting process and conform the project to current development standards. There was discussion about changing the language under Conditions and Stipulations to read that the City Commission shall or will impose, as opposed to may impose. Ms. Huckle moved to recommend proposed amendment to Appendix B--Planned Unit Developments of the Code of ordinances, Section 6.F, Planned Commercial Development District and Section 7--Planned Industrial Development District of Appendix A-Zoning of the Code of Ordinances to create time extensions for master plan approvals and that we find this consistent with the Comprehensive Plan. Mr. Cwynar seconded the motion. Ms. Greenhouse said that she was in favor of closing the loophole regarding the minor modification but she is not in favor of the time extension. Mr. Rosenstock said that he thought an exsenslon of time would be incorrect. The motion carried 4-2. Mr. Rosentstock and Ms. Greenhouse cast the dissenting votes. COMMENTS BY MEMBERS In light of a parking lot variance at the last meeting of this Board, there was discussion regarding who makes the determination that a variance is required. Ms. Stevens complimented the City staff for the way they present themselves and said that she appreciates the hard work. 13 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACHw FLORIDA SEPTEMBER i0, ADJOURNMENT The meeting properly adjourned at 10:00 P. M. Eve Eubanks Recording Secretary (3 Tapes) 1991 14 -