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Minutes 08-13-91MINUTES OF REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HA~L, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 13, 1991 AT 7:00 P.M. PRESENT Nathan Collins, Chairman Cynthia Greenhouse Murray Howard Ma rityn Huckle Shirley Stevens William Cwynar (arrived Efrem Hinson late) ABSENT Maurice Rosenstock (excused) Gary Lehnertz (excused) Chris Cutro, Director of Planning Tambri Heyden, Senior City Planner Jorge Gonzalez, Assistant City Planner Yamile Trehy Assistant City Attorney Nat Collins called the meeting to order at 7:05 p.m. Following the Pledge of Allegiance to the Flag, the Recording Secretary called the roll. In the absence of Chairman Rosenstock and Vice Chairman Lehnertz, Murray Howard moved to elect Nathan Collins as Chair. The motion was seconded by Msrilyn Huckle and carried unanimously. AGENDA APPROVAL Due to the fact that a representative for Lawrence Lakes was pre- sant in the audience, chris Cutro asked that Item B, Concurrency Exemption Time Extension, be moved up on the Agenda just after Item C, Master Plan Modifications. Cynthia Greenhouse asked that 7-A(1) and 7-A(2) be switched since the conditional use should be determined before the abandonment. APPROVAL OF MINUTES Cynthia Greenhouse asked that the minutes of the July 9th meeting reflect the fact that her absence was excused. At this point, discussion ensued regarding the absence policy. Ma rilyn Huckle questioned the policy and seemed to recall that the policy had been changed so that after three absences, a mem- ber was removed from the Board. chris Cutro will check the policy and report back to the Board at the next meeting. Murray Howard, Marilyn Huckle and Shirley Stevens asked that the record reflect the fact that, when necessary, they called the City Clerk's Office to advise of their absence. Ma rilyn Huckle asked that the July 9th minutes be corrected on Page 14 to read, "...that restaurants should never be approved as MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 conditional use in C-1 zoning districts if they are not related..." Ms. Huckle also mentioned that there was a great deal of con- fusion at the July 9th meeting and brought up the motions as pre- sented on Page 11 of the minutes with regard to Application ~26. She mentioned that the motion was changed many times and believes she voted against the final motion. She asked that the minutes reflect the fact that she has misgivings about the vote on Application ~26. Marilyn Huckle moved to accept the minutes of July 9, 1991 with corrections which was seconded by Shirley Stevens. The motion carried unanimously. Chairman Collins recognized the presence in the audience of Vice Mayor Ed Pla rmening. C05R~UNICATION$ AND ANNOUNCEMENTS OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARINGS CONDITIONAL USE Project Name: Agent: Owner: Location: Description: Williams Auto Sales None Horace A. Williams 1009 North Federal Highway; approximately 108 feet south of the southwest corner of North Federal Highway and N.E. 10th Avenue Request for conditional use approval to allow for the establishment of a used car lot Jorge Gonzalez made the presentation. This request is for a pro- posed used car sales lot consisting of a small sales office at the rear of the property and a display area. No service or repair of automobiles is proposed on this site. The parcel is approximately 20/100tbs of an acre and currently zoned C-4 2 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 (General Commercial). Ussd car lots are permitted in the C-4 zoning district subject to conditional use approval. The surrounding uses are Nuttin' But Ribs abutting the parcel to the north, to the east, across Federal Highway is The Chef's Touch gourmet restaurant, to the south is Meineke Muffler Auto Repair Shop and FEC Railroad tracks abut the property to the west. The Planning Department recommends approval of this conditional use subject to staff comments. The recommendation was based on the argument that the addition of a used car lot would not create additional negative ~mpact. In addition, the proposed new landscaping and general building maintenance would improve the overall appearance of the site and surrounding area. The three staff comments include: To demolish a portion of the existing building which encroaches on the 20' alley; To dedicate a utility easement on the alley since an active sewer line runs to that alley in a north/south direction; and Provide a letter holding the City harmless for any work done on that utility line. Ail property owners within 400' were notified by mail. Cynthia Greenhouse questioned Mr. Gonzalez at length about the Planning Department's recommendation to approve this conditional use. She pointed out that in order to get to all of the residen- tial areas on the waterfront, North Federal Highway must be used. She stated that N & D Auto approached the Board with many promi- ses to be a clean operation. They have been consistent viola- tors. She could not understand how the Planning Department argued that this would have no negative aesthetic impact on the surrounding area. Mr. Gonzalez again explained that this request is consistent with other uses in this C-4 zoning district and felt there would be no negative aesthetic impact. Murray Howard asked if the property owner could erect a used car lot at this location without the approval of the Planning and Zoning Board. It was explained that conditional use approval is necessary for the property owner to erect this lot. Ms. Greenhouse further stated that used car lots must be approved by the City Commission. They are generally considered "eyesores". She further stated that at the last Commission - 3 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 meeting, one of the Commissioners stated that he would like to see C-4 zoning eliminated in the Federal Highway corridor. Mr. Cutro explained this is an active application and even though Mr. Aguila asked that C-4 zoning be reviewed by staff, that has no effect on this particular application. Ms. Greenhouse pressed Mr. Cutro as to his feelings about the addition of another auto sh~p on Federal Eighway. Mr. Cutro explained that he fully sup- ports the recommsndation made by his staff and believes this would not have a negative impact on the area. Shirley Stevens stated it is her feeling that a used car lot would create a traffic probHem. People will be test driving the cars throughout the neighborhood. She pointed out how hard the people in Delray Beach fought against the car dealerships. She is against a used car dealership in th~s area. She wants to improve this area and will vote against this application. Marilyn Huckle questioned whether or lot was approved on conditional use. that the dealership had been at that time. No one wes able to answer her not the existing used car Mr. Collins pointed out location for a very long question. Mr. Howard wondered, if approval was given, could the Board order that no repairs be performed at this site. Mr. Cutro explained that the applicant has indicated no repairs will be done at the site. Mr. Howard felt he could not support this because there would be only a verbal agreement. Mr. Cutro pointed out that an environmental permit would be required. Such a permit could put a condition on the owner that no repairs be done. Mr. Howard feels the applicant could return seeking approval in the future. Marilyn Huckle feels the Board should be careful about precedent setting. There is not a lot of C-4 zoning in the City, but what exists serves a very good purpose. To approve this conditional use might set a precedent and the Board would have no recourse but to grant additional conditional uses such as this in the future. She cannot support this application. Andy Williams, 126 S.W. 10th Avenue, stated that he intends to have s boutique-type retail car lot only. No repairs will be done at this site. He plans a chain of these lots. He was insulted to have been compared with N & D Auto. He has met and agreed to all of the recommendations by the Planning Department. He will upgrade the area from an "eyesore" and a crack den and make it more beautiful. He promised the Board his business will be one of the cleanest, nicest and most attractive businesses. In the time he has owned the property, he has cleaned up the trash and debris he found on the property. His repair shop is located in an industrial area in Boynton Beach. MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 With no further questions by the Board, Chairman Collins OPENED THE PUBLIC HEARING. Lloyd Powell, Officer of the Alpine Seven Co., Inc., owning pro- perty at 1112 North Federal Highway, spoke against the approval of this application. Mr. Powell questioned the location of this business on North Federal Highway. He believes all conditional uses should be removed along the North Federal Highway corridor. THE PUBLIC HEARING WAS CLOSED. Shirley Stevens again underscored precedent setting. Once such conditional use is permitted, it will be extremely difficult to deny such a use in the future. Ms. Huckle believes the applicant is sincere. However, once the conditional use is approved, if the applicant does not stay in business, someone else could come in and mess up terribly. Assistant City Attorney Yamile Trehy pointed out that Section ll.2(d) sets forth the standards for evaluating conditional use. She read a list of items to be considered and stated that recom- mendations should be based on these findings. Motion Ma rilyn Huckle moved to DENY the applicant, Williams Auto Sales, conditional use to allow for establishment of a used car lot at 1009 North Federal Highway. Cynthia Greenhouse seconded the motion which carried 6-Q. ABANDONMENT Project Name: Agent: Owner: Location: Description: Williams Auto Sales None Horace A. Williams 1009 North Federal Highway approximately 108 feet south of the southwest corner of North Federal Highway and N.E. 10th Avenue Request for the abandonment of a 20 foot wide alley Chairman Collins OPENED THE PUBLIC HEARING. Lloyd Powell, property owner at 1112 North Federal Highway, feels the abandonment of a alleyway should be approved. It is his feeling that the alleyway serves no purpose and it would be in the best interest of the City to abandon every piece of alleyway. - 5 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 In response to a question by Cynthia Greenhouse, Mr. Cutro stated that the abandonment of the alleyway would have no effect on the conditional use. It was determined that the applicant still wished to have the alley abandoned. Mr. Cutro recommended the abandonment be conditioned on the owner demolishing the portion of the buildinq which encroaches it. Ms. Huckle asked the applicant if he still wanted the abandonment of the alleyway. Mr. Williams responded affirmatively since it might aid in the sa'le of the land. It was pointed out to Mr. Williams that the Planning and Zoning Board's recommendation will go to the City Commission for a final vote. Mr. Williams was familiar with all of the staff Comments and was in agreement with them. THE PUBLIC HEARING WAS CLOSED~ Motion Cynthia Greenhouse moved to APPROVE the request for the abandon- ment of the 20' wide alleyway located at 1009 North Federal Highway subject to all staff comments. The motion was seconded by Murray Howard and carried 6-0. Chairman Collins recognized Arline Weiner. PARKING LOT VARIANCE the presence in the audience of Mayor 3. Project Name: Agent: Owner: Location: Description: City of Boynton Beach Activity Center Bill DeBeck, Project Manager City of Boynton Beach 125 S.E. 2nd Avenue; S.E. 2nd Avenue at S.E. 1st Street, northwest corner Request for parking lot variances to Section 5-138 "Scope"(a) and Section 5-142(h)(7) "Driveway" of Article X, Parking Lots Tambri Heyden made the presentation. She explained the City pro- posed to demolish the existing Tennis Center adjacent to the Library and the parking lot which currently serves it. In its place, a Recreational Activity Center is proposed. This building will accommodate the function of the old Arts Building which was destroyed by fire. A new 89-~pace parking lot is proposed. The remainder of the lot is proposed to remain as is. Two parking lot variances are being requested; one to allow the existing MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 parking lot to remain as is without upgrades and the other variance to allow a third driveway on SE 2nd Avenue. Staff recommends approval of all parking lot variances. Elevations were presented to allow the Board to view the proposed new building. The TRB recommends approval subject to staff comments. Ms. Greenhouse questioned the TRB recommending approval. Ms. Heyden clarified that there had been general consensus not a vot e. Ms. Greenhouse stated that under normal circumstances, the parking lot would be required to be brought up to Code and since it is a request for a variance, a hardship must be shown which is not Self-imposed. Ms. Heyden explained the design of the lot had been discussed, The parking lots are physically separated from each other. There is no cross access tying one lot to another. Ms. Greenhouse questioned whether a private landowner or deve- loper would be given the same treatment the City is requesting. Mr. Cutro explained the situation is unique because when the building is built, there is enough parking being provided for that building. ~he problem is this is one contiguous site. The Ma dsen Center is scheduled for restoration and change within two to three years. The parking comes into play when the Madsen Center and this building are added. Looking at the Recreational Center only, there is no need for additional parking. In response to a question by Ms. Greenhouse, Vince Finizio stated that the parking lot stripes are faded, wheel stops are missing, lighting system may not meet the Code, drainage is poor and there is very littla landscaping. It does not comply with Code. However, the parking lot is open to the general public. Bill DeBeck, City Project Manager, reminded the Board that the building could be torn down. The original site plans showed that end of the block having a parking lot, a small urban mini-park and a new tennis court. In either situation, a new parking lot will be built at this end of the block. Ms. Huckle is reluctant to approve because the parking lot is not being brought up to Code. In her opinion, if this were any other property owner, they would have to meet the Code. She feels if the Madsen Center is brought up to Code now, it may not need much attention in the future. She also mentioned the liability the City faces when the lot does not meat the Code. Mr. Collins pointed out that if the City did not feel the lot was safe, they would not allow anyone to use it. Mr. Finizio reiterated that the parking lot, as it now exists, does not meet the Code. Whether or not a liability exists is determination for the City Attorney. - 7 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 Mr. Cutro suggested the Board can deny the portion regarding the parking lot variance by splitting this into two motions. Motion Marilyn Huckle moved to APPROVE the request for the additional driveway portion of the variance for the City of Boynton Beach Activity Center at 125 SE 2nd Avenue. Cynthia Greenhouse seconded the motion which carried 6-0. Cynthia Greenhouse moved to DEBTY the request for the parking lot variance for the City of Boynton Beach Activity Center located at 125 SE 2nd Avenue. Marilyn Huckle seconded the motion which *carried 4-2. (Nathan Collins and Efrem Hinson cast the dissenting votes. At this point, Ms. Greenhouse stated her feelings that the Codes must be uniformly enforced and the City cannot be given special treatment or exception to the rules. Shirley Stevens concurred and feels the City has a higher duty to follow its own Codes. SITE PLANS NEW SITE PLAN 1. Project Name: Agent: Owner: Location: Description: City of Boynton Beach Activity Center Bill DeBeck, Project Manager City of Boynton Beach 125 S.E. 2nd Avenue: S.E. 2nd Avenue at S.E. 1st Street, northwest corner Request for site plan approval to demolish the existing Tennis Center and parking lot and construct a 6,640 square foot recreation activity center and 89 space parking lot Regarding the Site Plans, Ms. Huckle mentioned the fact that the proposed building is different in color from the other buildings in the complex. Shm would prefer that this building be more uni- form in color and design. These plans will go before the Community Appearance Board for their review and approval. Cynthia Greenhouse moved to APPROVE the request for site plan approval to demolish the existing Tennis Center and parking lot and construct a 6,640 square foot Recreation Activity Center and 89-space parking lot for the City of Boynton Beach Activity Center located at 125 SE 2nd Avenue subject to staff comments. The motion was seconded by Murray Howard and carried 6-0. *Mr. ~oward cast the dissenting vote~ not Mr. Hinson. MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 C. SUBDIVISIONS MASTER PLAN MODIFICATION (Postponed August 1, 1991) Project Name: Agent: Owner: Location: Description: Shoppes of Woolbright P.C.D. Kilday and Associates Tradewinds Development Corporation Woolbright Road at S.W. 8th Street, northeast and northwest corners Request for approval of an amended master plan to allow relocation and addition of driveways, and changes in size and use of outparcets Tambri Heyden made the presentation. She explained that some amendments are necessary: The addition of a driveway onto Woolbright Road to serve an outparcel (as depicted on an overhead map): 2. The addition of a driveway on SW 8th Street to serve an outparcel; and Southward relocation of a driveway and change in square footage in two outparcels and the designation of one out- parcel as a bank. The TnB recommends all the changes to violate the intent better to evaluate approval of the request with the exception of the driveways. The TRB felt this would of the subdivision regulation and it would be the driveway at the site plan level. David Levy, one of the principals of Tradewinds, approached the podium to ask Ms. Greenhouse to recus~ herself from this matter due to the fact that she has openly identified herself as an attorney for Mr. Finizio in litigation with Tradewinds. He felt Ms. Greenhouse could not be objective. Ms. Greenhouse clarified that she is not Mr. Finizio's attorney in his suit against Tradewinds. She stated that she has no conflict of interest and would not abstain from voting. She stated she stands to gain or lose nothing by her participation. Mr. Levy was insistent that Ms. Greenhouse~recuse herself. Chairman Collins requested clarification fr~m t~e Assistant City Attorney. She felt that Ms. Greenhouse had properly interpreted the vote in conflict and she had determined there was no gain or loss by her vote. Ms. Greenhouse was permitted to participate and vote. - 9 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 Ken Rogers, Registered Professional Engineer, of 1495 Forest Hill Boulevard, West Palm Beach, represented Tradewinds. He addressed two items. The first item concerned the proposed driveway on SW 8th Street. He explained that staff's objection involved the fact that TRB felt a shortcut would be created into Home Depot. This was never the intent of Tradewinds. The intent is to pro- vide better access to the outparcels. They spoke with Mr. Staudinger at approximately 7:30 this evening and are willing to commit to eliminating both curb cuts between the outparcel and t~e Home Dep~t'parcel located in the north and south portions of the boundaryl between Home Depot and the three outparcels, and replace them with one median break in the middle. They want to encourage internal circulation between the outpar- eels and Home Depot. Nc drawings were available since this deci- sion had been reached after the meeting began this evening. In their opinion, they had now eliminated the only stated reason for denYing this approval. Ms. Huckle wanted clarification on the number of openings to the Home Depot parking lot. Mr. Rogers stated one opening would be left to provide circulation to the outparcels. She felt this would pose the same problem staff mentioned. At the map, Mr. Rogers explained Tradewinds proposal. After much discussion, he admitted if someone wanted to go out of their way to cut across, it was an option; however, Tradewinds has provided a solution to the problem of a straight shortcut. Mr. Cutro explained the driveways will most likely float slightly as will the median driveway dependent upon the uses. This will have to be addressed at the site plan review. They are now seeking conceptual approval. Mr. Cutro believes this is a good solution. Mr. Staudinger objects to the line up of the driveway on 8th Street with the interior driveway. If the applicant is modifying the internal driveways such that they are blocked by a building in the future and will not line up with either of the two dri- veways along 8th Street, his concerns would be satisfied. Site plans will have to be checked so that driveways will be offset. If approved, the drawings will have to be modified and returned to the Planning Department within three weeks. Ms. Huckle questioned whether the Planning and Zoning Board is the last word unless this is appealed. As~sistant City Attorney Trehy clarified that the general Ordinance provides that advisory boards are advisory and all matters proceed to the City Commission for approval. However, if this matter is resolved at this level, it can go as a Consent Item. She is hesitant to vote - 10 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOTfNTON BEACH, FLORIDA AUGUST 13, 1991 since this came up at the last minute. Mr. Cutro stated again that he has no problems with this new offer. He also pointed out that the record shows the intention and therefore, there should be no problem discerning the intentions. Mr. Roqers continued by addressing the driveway on the west side of SW 8th Street. ' This is proposed to be a two-way driveway; one lane in and one lane out. There is a median across Woolbright which will allow vehicles to turn right only into the property and right out of the property. There will be no left-turn move- ments at this intersection. All left-turn movements will have to be made at the signalised intersection. This change came about by the change to the Master Plan for a small outparcel located at the intersection. Access is of paramount importance in all out- parcels. Staff objects to this driveway because they feel this will be a shortcut drive~ay to get into the main commercial use. There is no site plan for this site. Tradewinds is requesting conceptual approval. At present., there is no user for this loca- tion. It is difficult to get a user unless there is access. They have presented to the TRB a plan which will discourage through traffic from this driveway into the site. The~ are requesting approval for the driveway in order to do the proper site development planning. The other main objection to this driveway has been the safety issue. Staff feels it is too close to the intersection and will cause safety problems. Mr. Rogers stated that Woolbright Road is a County~maintained road. This location meets all of Palm Beach County's criteria for driveway access as far as safety cri- teria for minimum distance away from an intersection. The State Department of Transportation issued new access~ control guidelines regarding minimum spacing sway from major intersections. This information has been submitted to the Engineering Department. The proposed driveway meets all of the stringent Department of Transportation minimum spacing criteria. He further stated that Tradewinds is on record thatlwhen the final ~ser is determined, they will show, at that time for the site plan approval process, a driveway which will be designed for the outparcel user and will discourage shortcuts. At Chairman Collins' request, Mr. Cutro clarified that approval must be obtained by the City before the County or DOT grants approval. The city has the final jurisdiction in this matter. Marilyn Huckle was informed there is 225' from the proposed dri- veway to the major intersection. She was informed that signali- zation · s provided after a warrant study. When the warrants have been met, the ]uridiction maintaining the road puts in the 11 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 signal. The two main warrants involve the volume of traffic on the main road and the volume of traffic on the side road. In Ms. Stevens opinion, this site is extremely dangerous and she could not support adding another cut. Mr. Rogers reminded the Board that the developer has already posted a bond for the traffic signal. The money is available to pay for the signal and when deemed necessary, the signal will be put in place. Murray Howard felt Tradewinds was putting the "cart before the horse" by requesting a driveway when there is no user. Mr. Rogers feels they could market the property better if there proper access. Mr. Cutro again attempted to clarify that what they want is con- ceptual approval, but final approval will be hinged on the site plan. The Planning Department recommends conceptual approval at this time. Final approval will go to TRB first and then to the Planning and Zoning Board. Ms. Greenhouse asked for Mr. Staudinger's opinion. Me referred to his Engineering memorandum, Appendix A, Section 6, Item 4A, Standards for Planning Commercial Development. In summary, he feels this would contribute to traffic problems. Michael Morton, a principal for Tradewinds, spoke in favor of approving this conceptual plan. He stated that there are many dangerous intersections which can be cited. However, he questioned whether it is the intention of the Board to close all of those intersections. He asked if every developer will have to face whether or not an intersection is a legal intersection. He stated the only thing Tradewinds wants is conceptual approval. No intersection will be installed until the Board see what is on the site plan. If the traffic liqht needs to be installed, it will be in place before the inter~ection ever gets built. Ms. Huckle was advised if this comes up for site plan approval plan modification. is not approved tonight, when it they will have to fila for master Ms. Huckle questioned %2. Mr. Cutro explained they have with- drawn the request for the gas station. No vote is needed on %2. With regard to %3, Mr. Cutro stated this is a valid request and there are no problems with it. It is necessary for the Board to vote on %1, %3, %4 and %5. - 12 -- MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 Motion With regard to ~1, addition of a driveway on Woolbright Road, Marilyn Huckle moved to recommend DENIAL in the request for Master Plan Modification for the Shoppes of Woolbright. Shirley Stevens seconded the motion which carried 5-1. (Nat Collins cast the dissenting vote.) With regard to #2, this has been withdrawn by the applicant. With regar~ to $3 of the Master Plan Modification for the Shoppes of Woolbright, M~riiyn Hu~kle recommended APPROVAL which was seconded by Cynthia Greenhouse. The motion carried 6-0. *With regard to ~4 and 95, Murray Howard moved to ALLOW for a second driveway on the east side of SW 8th Street with the con- dition that the two internal access drives be eliminated and one internal access drive be allowed in approximately the center of the island, and that that d~riveway be blocked by a building as much as possible and not line up with any of the driveways on SW 8th Street. Marilyn Huckle seconded the motion which carried 6-0. William Cwynar arrived for the meeting at 9:00 p.m. O~HER A. CONCURRENCY EXEMPTION TIME EXTENSION 1. Lawrence Lake PUD - 12-month time extension for exemption from concurrency. Mr. Cutro explained this is a request to extend the concurrency status. Last October, Lawrence Lakes requested a time extension in order to put in their infrastructure. That request was granted by the City Commission. That expiration date has been extended to August 21, 1991. The extension of the concurrency was not discussed at that meeting. The Concurrency Review Board recommends that the twelve-month extension be granted to coincide with the extension on the implementation of the infrastructure. Cynthia Greenhouse confirmed with Jill Jarkesy of Perry, Shapiro & Miller, P.A. that they agree to post surety prior to the deadline. Mot i on Shirley Stevens moved to APPROVE the request for extension for Lawrence Lakes PUD until August 21, 1992 subject to the agreement to post surety. Murray Howard seconded the motion which carried 7-0. *Ms. Greenhouse made this motion, not Mr~ Howard. - 13 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 B. CONSISTENCY REVIEW (pursuant to Chapter 163.3194 F.S.) Site Plan Reivew Ordinance - amendment to Chapter 19 of the Code of Ordinances to implement a new site plan review proce- dure. 2. Administrative Procedures Ordinance - amendment to reorganize Chapter 19 of the Code of ordinances and revise board duties. Nonconforming Uses and Structures - amendment to Appendix A-Zoning, Section 11.1 of the Code of Ordinances to allow for expansion of nonconforming uses. 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 of Appendix A-Zoning of the Code of Ordinances to create time extensions for master plan approvals. Proposed amendment to Appendix A-Zoning to allow towing com- panies in the M-l, Light Industrial Zoning District. Proposed amendment to Appendix A-Zoning to allow wholesale distribution of prepackaged meat and poultry in the C-4, General Commercial Zoning District. Mr. Cutro explained that Item ~1 was adjusted to meet the con- cerns stated at the special meeting. It was determined that the CRAB can act instead of the PZB on plans in the CBD. Regarding Section G, a question arose as to how plans would be forwarded to the PZB after TRC had made a recommendation. There is no simple way to deal with this. Mr. Cutro recommends when the TRC submits their recommendations, they will be forwarded to PZB. The PZB will get a summarization and the Planning staff will make a recommendation as far as the necessary action. With regard to the review procedure, staff will return comments within thirty days. In looking at "C", the wording was changed slightly to read .... "based upon all of the following..." This means that all work must be internal, there will be no increase in parking and the site must meet Code. Mr. Cutro will add language as follows, "in the event that a property owner or organization disputes my determinatIon regarding this substantial compliance, the work shall automatically be subject to site plan review". In Section 4.5, a time provision has been added for the site plan. It is a one-year approval and we are allowing the City Commission to extend it for one year. This was done because of the economy and has become absolutely necessary. - 14 - MINUTES - REGULAR PLANNING & ZONING BOARD MEEHING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 Cynthia Greenhouse commented on Page 2, B-i, she is concerned that someone might construct a group of duplexes. The present Code does not require this person to go through site plan review. Mr. Cutro will work with the attorney on rewording (duplex on a single lot of record). Regarding Page 3, Section 4.4-C, Ms. Greenhouse stated that some- times plans come forward at the last minute and it is expected that they will be reviewed by staff and put on the next meeting. Mr. Cutro stated there will be a specific schedule to follow. Past problems dealt with resubmission. Ms. Huckle referred to Page 5 with regard to notification of signs to be posted. Under "A", it states "approved used" when it should read "proposed use". Mr. Cutro has already made a note to change that wording. Mr. Finizio questioned Page 3, Section 4.4-E. He asked if the TRC meets and generates additional comments, is there a mechanism to transmit those comments. Mr. Cutro stated he is not certain the comments to the applicant will be affected. Comments are to be coordinated. Mr. Cutro feels the TRC meeting must be held prior to the 30 days so that additional comments ca~n be imme- diately forwarded to the ~pplicant. ~e will repeat the paragraph on "D" to "E". With regard to issuance of building permits on Page 4, Section 4.5, it will be changed to read expiration of site plan time limits. Mr. Cutro explained that there is no ability to renew a permit if there is no construction activity on the site. Mr. Finizio Stlated if a permit is due to expire, it can be renewed prior to i~ts expiration. The building permit is valid for six months. Further, it is good for six months after the date of inspection. Mr. Fini~zio stated tha~ it is worthless to pull a permit an~ not commence cOnstruction. Mr. Cutro will discuss will make ~ recommendaltion as far as the necessary action. Mr. Cutro will discuss this with the ch~ief building official. If necessary, he will change it for some type of commencement of construction. - 15 - MINUTES - REGULAR PLANNING BOYNTON BEACH, FLORIDA & ZONING BOARD MEETING _AUGUST 13, 1991 On Page 4, Section 4.6, it states the Planning Department will supply the applicant with a sign. Mr. Cutro is presently exploring the cost recovery system. If cost recovery is not done, the application fee will be increased to cover the cost of the signs. The cost will be minimal. Page 8, Section 4.9 provides subjective language which concerns Ms. Greenhouse with respect to claims against the City. Mr. Cutro feels an experience level must be built. The City Commission will be notified about specific minor site plan modi- fications. Assistant City Attorney Trehy suggested language will be added similar to that added in the exemption with regard to going through a sit~ plan review. Ms. Greenhouse questioned the amount of discretion left in the hands of the Planning Director. Mr. Cutro explained there is no other alternative. If there are any problems, they will be seen almost immediately. The word "substantial" will be removed on Page 2, Section 4.2(a)(3). Mr. Cutro explained the addition of plans in the CRA area. A paragraph will be added as follows: "For areas zoned CBD or within the Community Redevelopment Agency area jurisdiction, all sections of this chapter shall apply except that the function of Planning and Zoning Board shall be performed by the Community Redevelopment Advisory Board and functions of the City Commission shall be performed by the Community Redevelopment Agency". This was proposed at the workshop. Mr. Cutro advised that the Planning and Zoning Board will be notified by memo when something is going before the CRAB. The changes will be reflected in the copy forwarded to the City Commission if such a recommendation is made. Copies of the changes will be sent to the Board members. He explained that the land development regulations are being reorganized. As this is done, new chapter numbers will be applied. The Code of Ordinances will shrink, and will expand at the rear and even- tually the appendices at the rear will disappear and be incor- porated into the land development regulations. It is hoped that one or two chapters will be done each month. Motion Cynthia Greenhouse moved that the Site Plan Review Ordinance with changes discussed be found consistent with the Comprehensive Plan and be forwarded to the City Commission with a recommendation for approval. The motion was seconded by Marilyn Huckle and carried 7-0. 16 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 MS. Greenhouse thanked Mr. Cutro for the work he did on this pro- ject. With regard to Item 8-A(2), there is no need for action at this time. Regarding Item 8-A(3), Nonconforming Uses and Structures, correc- tions requested by Planning and Zoning were made. An additional change will be made so that it will read, "Nonconforming Structure with a Conforming Use". E~erything referring to non- conforming uses was eliminated. The Ordinance was reduced. What is now being dealt with is the ability to change, expand and restore a lawful nonconforming structure. This has been relo- cated into the Nonconforming Structure section. It is not part of the Nonconforming Uses section. There is now consistency in the flow of the Ordinance. Ms. Greenhouse referred to Page 3, Review Criteria. She questioned the parking being required in only the expanded ares of a nonconforming structure. It is inconsistent with the Occupational Licensing section. Mr. Cutro explained this is a p. roDlem. They will have to rely on public parking or pay fees. E~en some of the expansions may not alter parking. What has been accomplished by thi~ is that if there is parking on site, it must remain. However, our requirement will be for the additional expansion. Ms. Huckle suggested ~addi~ng "additional parking" to E-3. Mso Greenhouse suggested E-3 and F-3 be tied together; not eliminating the required parking, but review it case by case. Mr. Cutro cannot put in F-3 at this time. An impact section is necessary which spells out the impact fee and how it is being charged. Mr. Cutro will work with the Attorney's Office on the language which will enable him to bring in the parking impact fee in September. Assistant City Attorney Trehy said this must be studied and a separate impact fee Ordinance is necessary. Ms. Greenhouse won- dered whether recommending this to the Commission without the parking impact fee Ordinance was advisable. Mr. Cutro will draft the change as part of this Ordinance and then it will be 'plugged" in approximately two weeks after the original Ordinance. This will be handled as an amendment to the Ordinance. Mr. Cutro suggested going through the remainder of the Ordinance and the ~mpact section could be delayed until the September meeting. Ms. Greenhouse suggested the language of F-3 be changed to read, "required parking can be waived based on payment of a fee to the City to be used for provision of public, on-street parking only if - 17 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 land is not available for off-street parking. Mr. Cutro stated that he will give this some thought and review. If there are no problems with this, he will change the language. Mr. Cutro asked the Board to remove ~5 from Page 4. City Attorney Trehy stated that if this provision is will never go away. Assistant put in, it No action is necessary on this item at this time. Mr. Cutro will meet with the City Attorney to insert the necessary language. Mr. Cutro will supply corrected copies at the next meeting. Mr. Cutro distributed a entire new Item 8-A(4). He asked that members take this home to review major language changes. He explained that all of the language in the Ordinances regarding time extensions is now consistent. When it appears in the PUD, it will appear the same in the PID and PCD. Also, some situations were corrected. This will be discussed at a future meeting. Item 8-A(5) was not started by the City Commission and, there- fore, could not be heard. Item 8-A(6) asks for a text amendment to allow wholesale distri- bution of prepackaged meat and poultry in the C-4 zoning district. This proposed use is not presently allowed in C-4; however, the Comprehensive Plan states it is allowed in the General Commercial Land Use category which is what corresponds with this zoning ~in the Land Use Plan. This request is con- sistent with the Comprehensive Plan and the Planning Department recommends forwarding this to the City Commission with a finding of consistency recommendation of approval. Ms. Greenhouse was concerned about Federal Highway and again pointed Out that, in her opinion, C-4 zoning should be removed from Federal Highway. Mr. Cutro pointed out that at present, the Comprehensive Plan spells out that wholesale should be allowed in the C-4 district. There has ~ever been a policy decision made as to whether the C-4 zoning should be changed along Federal High- way. Ms. Stevens feels the wholesale distribution of processed meats in this location would be fine. She does not feel the neigh- borhood would be hurt by this business. However, she feels differently about the entire C-4 district. Mr. Cutro pointed out that when the recommendation is made, it is made for the entire zoning district, not for one site. - 18 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 13, 1991 Assistant City Attorney Trehy questioned whether there are any special exceptions in the Code with regard to authorized use. Mr. Cutro explained there are numerous conditional uses. It was determined that a conditional use could be attached to a specific property in the C-4 district, but Mr. Cutro feels the property will probably not be improved by this particular applicant. Ms. Greenhouse clarified that this could be found consistent as conditional use and sent to the City Commission. The condition could be that it not be located on Pederal Highway. Mr. Cutro stated he would work on the language. Mot i on Cynthia Greenhouse moved to find the wholesale distribution of processed meats and poultry in the C-4 district as a conditional use to be consistent with the Comprehensive Plan. Such uses should not be allowed on Federal Highway. Murray Howard seconded the motion which carried 7-0. Mr. Cutro mentioned Ms. Greenhouse's request for a text change to the existing gas station regulations. Mr. Cutro was specifically instructed by the City Manager's office not to work on any changes to the gas station Ordinances. The text change requested by Ms. Greenhouse to 240' as opposed to 170' was proposed as part of the proposed Ordinance. It was not s separate text change. Mr. Cutro asked if the Board still wanted that change brought to the City Commission with a recommendation that the existing Code be changed. There was discussion on this subject. It was determined that there is an inconsistency in the Code and applicants were able to take advantage of this loophole. The intent was to correct what was in the Ordinance. Motion Cynthia Greenhouse moved to bring forward to the attention of the City Commission the fact that there is a loophole in the existing Ordinance. The Board recommends a text change to increase the footage from 175' to 240'. The motion was seconded by Marilyn Huckle and carried 7-0. ADJOURNMENT There being no further business, the meeting properly adjourned at I0:10 p.m. Janet M. Prainito Recording Secretary (Three Tapes) 19 -