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Minutes 05-14-91
MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 14, 1991 AT 7:00 P. M. PRESENT Maurice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Nathan Collins Cynthia Greenhouse Murray Howard Marilyn Huckle Shirley Stevens William Cwynar, Alternate ABSENT Efrem Hinson, Alternate Chris Cutro, Director of Planning Tambri Heyden, Senior City Planner Jorge Gonzalez, Assistant City Planner Jim Ch erof, City Attorney Chairman Rosenstock called the meeting to order at 7:15 P. M. The meeting was delayed because the meeting of the Downtown Review Board (DRB) was held prior to this meet- ing. The presence in the audience of Mayor Arline Weiner, Commissioner Lynne Matson and Commissioner Jose' Aguila was acknowledged at the DRB meeting. AGENDA APPROVAL Mr. Cutro called attention to "B. SITE PLANS, NEW SITE PLANS," and said item 1, "Exxon Station" should be removed from the agenda. He explained that this application was subject to a variance, and the variance was not approved by the Board of Adjustment. Mr. Cutro further advised that item 13. "Applicant: City of Boynton Beach, Application No. 15," under "NEW BUSINESS, PUBLIC HEARINGS, REZONINGS" should be pulled from the agenda because the legal description was not the same as the legal description on the stipulated settlement from the Treasure Coast Regional Planning Council. New legal descriptions are being prepared, and he believed that item would be rescheduled two months from now. Ms. Greenhouse drew attention to "NEW BUSINESS, B. SITE PLANS, NEW SITE PLANS, 2, "Boynton Seventh Day Adventist Church" and "SITE PLAN MODIFICATION, 3, First Impressions Day Care Center". She wished to move them up on the agenda so they could be heard before the Conditional Uses. The agenda was approved with the corrections and additions. - 1 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 APPROVAL OF MINUTES Minutes of March 12, 1991 Minutes of April 9, 1991 Vice Chairman Lehnertz moved to approve the minutes of March 12, 1991 and April 9, 1991 as presented. The motion carried 6-0 as to the March meeting as Mrs. Huckle was not present at the March meeting and abstained from voting. The motion for the minutes of April 9, 1991 carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS None. OLD BUSINESS At the end of the meeting, Mr. Cutro said the Board should discuss the Special Meeting set for the 30th of May, as he understood Board Members may not be available on this date. NEW BUSINESS B. NEW S~TE PLANS Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Seventh Day Adventist Church Toks Abiose, Abisset Corporation Florida Conference of Seventh Day Adventist Church 138 S. E. 27th Avenue; S. E. 27th Avenue at $. E. 1st Place, southeast corner See Addendum A attached to the original copy of these minutes in the office of the City Clerk. Request for site plan approval to construct church and classroom addi- tions totaling 5,164 square feet and a 44 car parking lot expansion Mr. Gonzalez made the presentation. Abisset Corporation was requesting site plan approval to add 1,195 square feet to an existing church, 2, 895 square feet to an existing sabbath school, 1,074 square feet to an existing school, and to con- struct a new paved parking lot to accommodate ~he increase in square footage. The existing parking lot will also be restriped. Access to the site is from two existing one way driveways onto S. E. 1st Place, an existing two way driveway MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 onto S. E. 27th Court, and a proposed one way driveway onto S. E. 27th Court. The Technical Review Board (TRB) recommended approval of the request, subject to the staff comments attached to the original copy of these minutes in the office of the City Clerk as Addenda B through D inclusive and to the following comments: Utilities Department "Fire hydrants must be installed to within 200' of all points of the building. Contact Mr. Mike Kazunas at 738-7460 to discuss details. Palm Beach County Health Department permits are required.'~ Police Department "1. Stop bars in addition to the stop signs at exits (City Ord. 5-142C) 2. One Way directional arrow signs in addition to the One Way Do Not Enter signs at all entry/exits. (City Ord. 5-142C) 3. Parking lot lighting to be photocell activated. (City Ord. 5-138) 4. Comply with Construction Security Ordinance (#5-8G)" Ms. Stevens asked whether the Board could require a full hedge to separate the parking lot and the homes. Ms. Heyden informed her a new hedge is proposed around the entire perimeter of the property. Discussion ensued about hedges, and Mr. Cutro explained the present landscape requirements. No one was present to represent the applicant. Mrs. Huckle moved to approve the request, subject to staff comments. Mr. Collins seconded the motion, and the motion carried 7-0. SITE PLAN MODIFICATION 3. Project Name: First Impressions Agent: Harold Blanchette Location: Day Care Center Earl H. Martin & Associates Julie Monahan & Susan L. Monahan 2206 So Seacrest Boulevard; Seacrest Boulevard at S. E. 22nd Avenue, northeast corner MINUTES - PLANNING & ZONING BOARD MEETING BOYNToN BEACH, FLORIDA MAY 14, 1991 Legal Description: Description: Lot 60, less E. 100' thereof and all of Lot 61, CRESTVIEW, Palm Beach County Records, Plat Bk. 23, page 154 Request to amend the site plan approved in connection with the conditional use approval for the day care center to allow the existing building to be razed, a 4,732 square foot building to be constructed and changes in the parking lot layout and design Chairman Rosenstock reminded the Members the Board approved this several months ago. The applicant was back to discuss the new building. Ms. Meyden made the presentation and stated that the original approval entailed conversion o~ the existing single family home and construction of an addition to establish a 2,330 square foot Gay care center to serve 90 children. Based on the review by the Department of Health and Rehabilitative Services (MRS), the applicant is now pro- posing to raze the existing home and construct a new 4,732 square foot buildiSg. Due to the increase in the size of the building, more ~arking is required. Ms. Heyden said the key issues with the original approval (access points, the drop-off area and buffering of the play area) were unchanged. The TRB recommended approval of the request subject to the staff comments attached to the original copy of t~ese minutes in the office of the City Clerk as Addenda E through G inclusive and to the following comments: Utilities Department "Provide 6' cleanouts on the sanitary services at the property line. Sewer cleanouts are required at a maximum spacing of 75' on private sanitary sewer services. Contractor shall contact Mr. Skip Milnor, 738-7460, at the Utility Department for specific details prior to connecting the sanitary sewer." Ms. Heyden informed Ms. Greenhouse that the number of children was unchanged. The applicant and her agent were in * the audience, and they agreed to the staff comments. Ms. Stevens did not know how this could be considered a site plan modification when Mrs. Monahan was more than doubling - 4 11, 1991 Minutes for correction was in attendance. The applicant was *See June The agenn not. MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA _MAY 14, 1991 APPLICATION NUMBER 11 Applicant: Agent: Project Name: Owners: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 11 (Planning Area 4.f) Selva & Jan Ganesh Lots north of S. E. 22nd Avenue, immediately east of S. E. 2nd Street Request to rezone from C-2 (Neighbor- hood Commercial) to C-1 (Office/ Professional), limited to 1 story buildings, for the purpose of imple- menting the 1989 Comprehensive Plan As no one wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Mr. Howard moved to approve Application Number 11 (aqenda item 9), seconded by Mrs. Huckle. Motion carried 6-0. APPLICATION NUMBER 13 11. Applicant: Agent: Project Name: Owner: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 13 (Planning Area 7.a) Florida Power & Light Parcels on the northeast corner of Old Boynton Beach Boulevard and Old Boynton Road Request to rezone from R-2 (Duplex Residential) to R-1 (Single-Family * Residential) for the purpose of imple- menting the 1989 Comprehensive Plan Ms. Greenhouse returned to the dais. Richard Heniser, 502 N. W. 8th Court, wanted to keep this as duplexes. Mention was made about previous applications for these parcels. Mr. Cutro said the basis for this re- zoning was the road was moved. The C-2 zoning that is there makes sense because it is on two arterials. This site will not be developable with that small piece of land. It has become a landlocked parcel. As no one else wished to comment on this request, THE PUBLIC HEARING WAS CLOSED. Ms. Greenhouse questioned why they would not look at C~i. Mr. Cutro explained that he was not the one who had made the recommendation. Discussion ensued about rezonlng, the P&Z Board, the Land Use Plan, and the rationale behind some of the zoning changes. Changing the zoning to C-1 was again - 32 *See 6/11/91 ~ins.-should read rezone from R-2 (Duplex Residential) no C-2 (Neighbor- hood Con~ercial) MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 the request. Ms. Heyden apprised her that there had been a public hearing. Chairman Rosenstock added that the neighbors had objected to it. Ms. Stevens thought the neighbors should be ~otifed that a larger building will be there. Ms. Heyden responded that because the intensity of the day care center, the number of children, and the key issues had not changed, the City staff decided the application did not need to go back through the public hearing process. There were further comments about the size of the building, the neighbors, and whether another public hearing ~as necessary. City Attorney Cherof advised %hat another p~b'lic hearing was not needed. In terms of traffic, Ms. Heyden advised that day care centers are evaluated in terms of children to be served. As the number of children was not changing, the traffic was not changing. Vice Chairman Lehnertz inquired about the size of homes in the area. Ms. Heyden assumed they. were about the same size as the existing building. Harold Blanchette, Agent, 905 Mission Hill Road, Boynton Beach, FL 33435, stated they tried to meet the requirements of MRS with the existing building, but it was impossible. The number of children was again discussed. Mr. Blanchette explained to Ms. Greenhouse that with the new building, they could get more on the rectangular shaped lot. Ms. Greenhouse noted there would be less green area, and she questioned how a structure of this size would look on the lot. Ms. Heyden informed her it meets Code. There were further comments about the play area and the neighbors. Mot i on Mr. Collins moved to approve the request, subject to staff comments. Mr. Howard seconded the motion. Vice Chairman Lehnertz recalled several neighbors were unhappy with the existing use of Mrs. Monahan's property in ~srms of traffic, noise, and parking. It was brought to the Board as the existing building, which would be innocuous and unobtrusive to the surrounding single family homes. Vice Chairman Lehnertz found it hard to believe that the appli- cant was not familiar enough with the State Codes and regu- lations to know what type of building they would need4 He was sure a large number of people would have been here to protest if they had been notified. Vice Chairman Lehnertz felt there was no justifiable reason to double the size of the building and intrude upon the existing homes in the area. MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Mr. Cutro interjected that he had the names of the people who appeared at the public hearings. He stated the City would notify the people it will be coming before the City Commission, so the people will have a chance to be heard on the situation. Mr. Cutro explained the notification process for site plans and conditional uses varies. When going through the Code, he is going to propose uniformity in the notifications. Suzanne Cummins, 717 Shore Drive, stated she will be the Director o~ the Day Care Center, understood the neighbors objected to the fact that they would see the children. The applicant offered to put up a six foot fence, and the neIghbors agreed to that. The applicant did not speak to the neighbors regarding the new construction, but Ms. Cummins was sure they heard about it. Further discussion ensued about notifying the neighbors. Ms. Greenhouse recalled the majority of the neighbors were concerned about traffic and the buffering. The City staff had represented those would remain the same. There were comments about the uses along Seacrest Boulevard. Chairman Rosenstock asked whether there could be some assurance that the buffering in the back might be improved to be sure there is adequate s.creening since the size of the playground would be smaller. Mr. Blanchette replied that the buffering would be a six feet high concrete block wall, as it originally was. A vote was taken on the motion, Vice Chairman Lehnertz and Ms. votes. and the motion carried 5-2. Stevens cast the dissenting NEW BUSINESS A. PUBLIC HEARINGS CONDITIONAL USE 1. Project Name: Agent: Owner: Location: Legal Description: D & D Beauty Salon and Sales Johnnie Lee Davis, Jr. Judith Gibson 311 N. Seacrest Boulevard: Seacrest Boulevard at N. W. 3rd Court, northwest corner Lot 131, less the N. 30' thereof, and MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Description: Lot 130, less part of Road R/W, Blk. A, BOYNTON HILLS, according to the Plat as recorded in Plat Book 4, Page 51, Public Records of Palm Beach County, FL Request for conditional use approval to allow for the establishment of a 900 square foot beauty salon within an existing office building Ms. Heyden made the presentation, as outlined in the Planning Department's Memorandum No. 91-093, attached to the original copy of these minutes in the Office of the City Clerk as Addendum H. The Planning Department recommended that the request be approved, subject to the staff comments in Addenda H and I and to the following comments: Engineering: "In accordance with the City of Boynton Beach, Florida, Code of Ordinances, specifically Chapter 19, Section 19-17, 'Plan Required (Site Plan Review Process)', including Chapter 5, Article X, 'Boynton Beach Parking Lot Regulations' inclusive, the applicant for the above referenced project shall submit the following information, technical data and plan revisions: 1. The applicant shall provide a striping detail in accordance with City of Boynton Beach, Florida, Code of Ordinances, specifically Section 5-142(1), 'Striping Standards' inclusive. The portion of the parking lot plan between stalls 6 and 3 & 4 must be striped out to indicate no parking. 2. Internal directional arrows, stop signs and stop bars shall be placed at all ingress/egress approaches in accordance with Section 5-142(a), 'Traffic Control Devices'." Community Improvement "Please be advised of the following codes as they relate to the above subject: CODE OF ORDINANCE ARTICLE X PARKING LOTS (P. 450,450.4) Sec. 5-142 - 7 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 (e) Curbs and car stops .... Placement of wheel stops ..... (1) Parking lot striping" No one was present to represent the applicant. Comments were made about the parking lot. Mr. Cutro informed Ms. Greenhouse that he spoke with the applicant approximately three weeks ago. The applicant indicated to Mr. Cutro that he would change the striping if the owner of the property does not. That was probably the biggest concern on this property. There was discussion about a church and an occupational license. As no one wished to comment regarding the application, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Lehnertz moved to recommend approval of the request, subject to staff comments. Mr. Howard seconded the motion, and the motion carried 7-0. Project Name: Agent: ~ner: Location: Legal Description: Description: Busch's Seafood Restaurant Craig Livingston Mrs. William Lambrakls 1120 S. Federal Highway; Federal High- way (U. S. 1) at S. E. llth Avenue (Castilla Lane), southeast corner A portion of Lot 1, Lee Manor Isles, according to the Plat thereof recorded in Plat Book 24, Page 211 of the Public Records of Palm Beach County, Florida. Containing 26,029 sq. ft., more or less, and subject to easements and rights-of- way of record Request for conditional use approval to convert an existing bank and to construct an addition to establish a 6,635 square foot restaurant Ms. Heyden made the presentation by referring to the Planning Department's Memorandum No. 91-089, which is attached to the original copy of these minutes in the office of the City Clerk as Addendum J. She reminded the Members that in January of this year, the Code was amended to include restaurants as a conditional use. The Planning Department recommended that the request be denied. If the ~request is approved, approval should be conditioned upon - 8 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 satisfying the staff comments attached to the original copy of these minutes as Addenda J through M inclusive and to the following comments: Engineering Department "As a supplement to the May 2, 1991 TRB Memo from the Engineering Department, the following comments should be added as a result of an Engineering Department review of plans for the drainage system on file with the City of Boynton Beach for the adjacent office parking lot. Comment 9 - Storm drainage system construction observed appears to be in conflict with site plan construction draw- ings on file with the City of Boynto~ Beach. The system should be modified to contain a 3 year/24 hour storm with appropriate pretreatment and retention. This may entail the preparation of new drainage plans and calculations for the existing office comp.lex site for that portion which is to be shared bY Busch's Restaurant and may require the reconstruc- tion or addition of drainage systems for the adjacent property." Utilities Department "Sewer cleanouts are required at a maximum spacing of 75' on private sanitary sewer services. Install in grassy area. Backflow preventer must be located in grassy area. Fire sprinkler line must have backflow prevention. Actual location determined. If installed. of control valve to fire line must be valve cannot be located, a new valve must be Provide agreement with adjacent property owner allowing sanitary service to cross property." Police Department "1. Eliminate N. W. entry/exit onto S. E. Safety). 2. All emergency exits to open outward. llth Ave. (Public (Public Safety]" Forester/Environmentalist "1. The applicant must prepare a landscape plan for the U. S. Highway ~1 median abutting the site in accordance with - 9 - MINUTES PLANNING & ZONING BOARD MEETING BOYI~TON BEAC~t, FLORIDA MAY 14, 1991 the Policy and Procedure Manual. The existing Banyan trees must be preserved and any construction activities pertaining to locations adjacent to the trees Should be coordinated with my office. The sidewalk along U. S. ~ighway ~1 may be reconstructed around the East side of the existing Banyan tree if approved by the D.O.T. This would prevent any removal of the Banyan tree main trunk." Ms. Greenhouse thought they were trying to weigh the detri- ments versus the benefits to the adjacent landowners and the City as a whole. That seemed to be something that was missing ~rom~ the Planning Department's memorandum. Ms. Greenhouse questioned why the effect on the entire city was not set ~orth as a matter of opinion by the Planning Department. Mr. Cutro replied he was not arguing that Busch's is not a fine restaurant. He knew it would have a good impact on the City. Ms. Greenhouse wondered why that did not appear anywhere as an impartial statement. Mr. Cutro replied that a conditional use is not automatically an acceptable use in the zoning district, which was why the Planning Department went through the analysis they went throulgh. It was his professional opinion that there would be impacts on the single family neighborhood. Mrs. Huckle noticed the driveway closest to the intersection of Castilla Lane and Federal Highway did not meet Code with respect to distance. She wondered what the distance was. Ms. Heyden guessed it was 1~ ~eet. Discussion ensued about the Banyan trees. The Architect indicated the trees Vice Chairman Lehnertz was concerned about would be preserved. There was discussion between Ms. Greenhouse and Mr. Cutro about Conditional Uses, the Planning Department, and the TRB. Ms. Greenhouse understood the applicant intended to bring the entire parking lot up to Code, including the lighting. She asked whether Ms. Heyden had an opportunity to speak to the applicant subsequent to the first submittal. Ms. Heyden replied that the applicant was informed the office site would have to be brought up to Code. Vincent Finizio~ Administrative Coordinator of Engineering, spoke to Craig Livingston, Architect, about the lighting. There are fix- 5ures that can be directed towards the parking facility so the lighting will not be drifting out into the neighborhoods. Mr. Finizio added it would be hard to assess glare until sheets are submitted depicting the kind of fixtures that will be used. - 10 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Craig Livingston, Architect, 323 North Federal Highway, Suite C, Boynton Beach, FL 33435, gave the history of the building. The building was built as a restaurant (Lee Manor Inn) in the early 1920s. Mr. Livingston said the building would be brought back to its original quality and architec- ture. Later, the building became a bank, which was turned over to Resolution Trust Corporation. Mr. Lambrak{s is purchasing the building from Resolution Trust Corporation. Mr. Lambrakis intends to keep the existing trees and also the quality of the building. Mr. Livingston showed the Members a rendering. Mr. Livingston continued by saying the existing building is approximately 2,800 square feet° The intent is to construct an additional building to the sou~th and to the east of it, which will bring the building up to about 6,600 square feet. They want to match the existing architecture and are going to apply for a hist.orlc application and bring it back to the original use, which was a restaurant. Mr. Livingston said they propose to upgrade the drainage system, as the Engineering Department recommended. They plan on doing maintenance to the existing drainage trenches, plant landscaping, and to bring up the sxisting lighting up to Code. The lighting fixtures will shade the light from the residences on the east and the cars on the west and light the parking lot to Code. As to the entrance on llth Avenue, Mr. Livingston said they need to move it about six to eight feet to the east. There was concern about traffic coming onto the site. Mr. Livingston said they intend to have complete valet parking by a professional valet company. They propose to make that a one way entrance only. As cars drive in, they will park in front of the building. The valet will take the cars immediately to the south. Mr. Livingston said they had to negotiate a cross parking agreement with the Colonial Center to the south. Mr. Lambrakis has operated Busch's for 15 years, and he serves dinners only. The office building to the south is open until 5:00 P. M. A few people work until 6:00 or 7:00 P. M. Mr. Lambrakis will open the restaurant at 5:00 P. M. The kitchen closes down at 10:00 P. M., and the last call for the bar is at 12:00 Midnight. Mr. Lambrakis has no inten- tion of serving lunch, but he may have an occasional lunch on weekends. Mr. Livingston stated they would be willing to have that placed as a condition for the approval. In the 11 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 event the restaurant is sold, the buyer would have to come back to the City for a conditional use approval. Mr. Livingston said they had a meeting to discuss the build- lng. They asked the neighbors to look at what is there and the .conditions to see if they could address some of the concerns of the neighbors. There were concerns about some of the parking, the dumpsters, and noises. Mr. Livingston found out the Women's Club does not have enough parking. Whe~ they have special events in the evenings or on the weekends, people search for a parking space, and some park on Castilla Lane and on right-of-ways. Mr. Livingston stated they propose to put signs along the street, so they will not have that problem. Mr. Livingston continued by saying they intend to screen all equipment on the roof. The equipment they currently have is an air conditioning system, ventilation systems for the kitchen, and a filtering system. The kitchen will be air- conditioned. As the doors and windows of the kitchen will be closed, there will be no need to have noises coming out of the kitchen. Some type of acoustical equipment will be maintained on the ceiling and walls, so there will be no noise to the customers inside as well as to the neighbors to the south and to the north. The kitchen equipment will be screened by a 4'6" buffer. The rendering showed nothing would be seen from the outside. In a conditional use, Mr. Livingston said there are about ten or eleven things that need to be considere'd, and he thought they had addressed them. ~1 concerned ingress and egress. He stated they will comply with the staff comments. The cross parking agreement meets Code, and Mr. Livingston thought it made a lot of sense. As far as refuse odor, he said Busch's intends to have a compactor. A grease trap will be hooked up to it, so drainage will go directly into the grease trap. The area will be disinfected. Mr. Livingston further said they will negotiate with the City with regard to picking up dumpsters and removing the garbage so there will be no odors. He also stated they will be more than happy to put up a fence with a concrete wall around it as a screen. Mr. Livingston apprised the Commission that they are bring- ing natural gas to the site. They will maintain the exist- ing Banyan tree and all of the existing trees. Landscape buffers will be planted on the north side. Neighbors driv- ing down Castilla Lane will be looking at much more landscap- ing than they now look a~. 12 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Referring to lighting, Mr. Livingston said fixtures that are acceptable to the City will be selected. They will aim into the parking lot and will not provide any glare. Mr. Livingston was not concsrned with the pedestrian crosswalks back and forth, as people will not be walking through the parking lot. They will comply with the Code as far as the setbacks. Mr. Livingston understood the building is five feet higher than what is allowed by the Code. They are trying to match the existing building. Rather than seek a variance, they will lower the height by five feet to comply with the Code. Mr. Livingston informed the Commission an office complex is to the south; commercial and residential areas are to the east; an office complex is to the north; to the northwest, there are two restaurants; directly to the west is a car wash, a gas station, and just below that is ~unkin Donuts, Circle K, and an all night coin laundry. South of that is a key shop and an International House of Pancakes is further south of the office building. The existing neigh- borhood in that area, if you go to the west, is undesirable in many aspects. A car wash and a gas station are not attractive things to have at the end of your street. The car wash is open 24 hours a day, and a Kwik Stop is also. When people leaue there, they occasionally drift over into the Colonial Center. Mr. Livingston said Colonial Center will be open during the day and Busch's will be open at night. By having the restaurant open at night, it will tend not to attract the other type of people. Mr. Livingston thought the Commission would realize this would be an investment on Federal Highway. With the economy and budget the way they are today, Boynton Beach needs to send a message to businesses that Boynton Beach is a good place to locate a business. Mr. Livingston informed the Commission this is a family owned business, not a chain. The City Staff has agreed this is consistent with the Compre- hensive Plan. Mr. Livingston said they will be more than happy to work with the City Staff. He further commented about the restaurant, aesthetics, and the good effect Busch's would have on Boynton Beach. Mr. Livingston told Mrs. Huckle the restaurant will seat 150 people. Mrs. Huckle wondered what kind of accommoda- tions could possibly handle all of the cars coming in from Federal Highway. She felt they would be turning in at a very sharp angle. Mr. Livingston replied they will have a - 13 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14,~ 1991 stacking lane with approximately eight cars on the west side. From the south side, there will be an additional stacking lane for about nine or ten cars. The valet company has been doing this for many years, and they will quickly get the number of cars down. Incoming people will be on the west side, and outgoing people will be on the south side. Discussion ensued about incoming and outgoing cars and the loop. Mr. Collins asked what would happen if all of the parking stalls are filled and people are still coming in. Based on the 150 seats they are required to have for the liquor license, the City's parking requirements, and the number of spaces that are available, Mr. Livingston said Mr. Lambrakis knows what the impact will be at its peak time. They reviewed the site ana layouts with the valet people, and the valet company said they have enough people. At the south end, they will probably double stack cars. Mr. Collins understood if that should happen, they will probably have cars not in stalls. Mr. Livingston replied that would be only in an emergency. People generally do not arrive at the same time. Mr. Collins noted deliveries were not mentioned, and he wondered how they would he handled. Mr. Livingston answered that the deliveries will be'between 9:00 A. M. and 1:00 P.M. They will not be able to control when the City picks up the garbage, bu% they can control how many times the City trucks will need to pick it up. Mr. Howard pointed out that people in the office complex may be working at night. They may be wanting to come out when cars are coming In. Mr. Livingston has been working on the project for four months and has been driving around. Rather than finding peopte working at night, he has found people who have a company car or who go out of town and leave their cars on the site. The cross parking agreement has been coordinated so that if someone is working late or if a car is going to be left overnight, there are six spaces on Riviera Drive and 14 spaces by the two story building owned by owners that are not included as part of the cross parking. Mr. Livingston did not foresee that as a problem. Chairman Rosenstock questioned whether the City would require a stronger agreement than the cross parking agreement. He alluded to the property changing hands and thought it would have to be a stronger agreement that would run with the land. City Attorney Cherof thought the City was entitled to 14 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEAC~t, FLORIDA MAY 14, 1991 have some type of agreement that would run with the land and that could not be terminated without notice to the City and without the City's conssnt. He confirmed Chairman Rosenstock's understanding that the conditional use would run with the land. City Attorney Cherof added that the conditional use would be void in the absence of the cross parking agreement. He suggested a permanent agreement. As part of the application¥ Mr. Livingston said he submitted copies of the cross parking agreement. He offered to see if that could be included in the agreement. Chairman Rosenstock wanted~ that as one of the conditions of approval. Ms. Greenhouse did not f~eel parking would be one of the negatives, and she asked if anyone on the City Start was concerned about the parking. Ms. l~eyden answered that the sl%ared parking would work on the assumption that the restau- rant will be ]imited to hours of operation. It will not work if it includes lunch hours. After further discussion about parking, Ms. Greenhouse wanted to hear from the Engineering Department. Mr. -Staudinger advised their only comments addressed primarily lighting, and elevations. He asked whsther the applicant w~s aware of his supplemental mem© (See "Engineering Depar%merit~' on. page 9 ot these minntes.) Mr. Staudi~qer the~ talked about the drainage and womdered whether the appl~ca!n~ was awsre that the portion o the parking lot covered b~ the cr~s~ Parking agreement would have to be brought up to ~ocle. There was no guarantee that the existing system would me. et Code. Mr. Staudinger did not see this as a problem. He wa~ted to make sure the applicant was aware of it. Mr. Fintz~o noticed there was concern about the northwest entrance on Castilla Lane. The recommendation of staff was to make that one way. The driveway is approximately 26 feet wide. The Code says you can have two way traffic on a dri- veway 20 feet wide. If they shorten the driveway by six feet, they can still have two way traffic. They could drive in a southerly direction, have valet parking, and leave along Castilla Lane without interrupting traffic, going back, an~ circulating through Federal Highway. Mr. Finizio s~ressed that was just a recommendation. From a safety perspective, Ms. Greenhouse inquired whether the Engineering Department was concerned about the traffic with the shared parking agreement. Mr. Finizio answered. "Not at all." That was why they h~d staff comments relative to the entrance. Mr. Howard asked if they would be concerned about traffic backing up into valet parking. Mr. Finizio - 15 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 replied there wo~ld be room for eight or nine vehicles to be stored in the parking lot. It was unlikely that nine vehicles would arrive at one time. There was further discus- sion about parking, the egress from Castilla Lane, traffic, and signage. Mrs. Huckle said they should not take the traffic lightly. Ms. Stevens told of times when she has seen as many 40 people wa±ting to get into Busch's restaurant and cars parked everywhere. She wanted Bnsch's to come to Boynton Beach but did not think there would be enough parking at this site. Ms Stevens also felt it would have a severe impact on the residential area. She could not understand why this site was chosen. If this were approved with all of the staff comments from the Engineering Department, Vice Chairman Lehnertz asked whether it would contain a three year, 24 hour storm on site. He further inquired whether that would mean the water would be treated on site and not go into the Intracoastal. Mr. Staudinger answered he will not sign off on the plans if it does not. Chairman Rosenstock wondered how the fish smell that may emit from the restaurant will be handled. Mr. Livingston answered that a commercial piece of property separates Busc~n's parcel from %he residential neighborhood. The kitchen has a 12 foot ceiling and ventilation. The air will be filtered through the ceiling, through a ventilatIon system on the roof, and a secondary filter goes through there. There will also be grease traps. Any greases or oils will run into the grease trap. Ms. Greenhouse observed that Mr. Hallahan's comments said there should be a meandering sidewalk around the Banyan tree. She asked whether the applicant agreed to create such a sidewalk to preserve the tree. Mr. Livingston answered affirmatively. Ee added they are proposing giving an ease- ment to the City to construct a sidewalk around on the southeast and back to the north side so people can walk around that. Mr. Livingston pointed out there was sort of a conflict with the Police Department's memo. The Engineering Department asked that the entrance be moved a little bit to the east. The Police have asked that it be closed off, which Mr. Livingston thought would create more traffic hazards. They preferred to make it one way rather than close it off. Mr. - 16 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Staudinger had not talked to the Police Department to determine whether they will sign off on not closing it off. The Engineering Department will have no problem if the drive- way is narrowed into one way. I£ it becomes one way, Mr. Staudinger stated he would like to see it become a width of 12 or 15 feet. Ms. Heyden spoke to Lt. Dale Hammack, Police Department. Lto Hammack told Ms. Heyden either the driveway should be relocated to meet the 30 foot requirement of the Code, or it should be closed. Chairman Rosenstock asked whether Mr. Cutro had a suggestion. Mr. Cutro interjected that some- times the standards of a Code do not match Up with the land. The Police ~epartment indicated if the driveway stays open, it will not be a problem. Mr. Cutro further commented about the driveway and .said the City will monitor the situation, if the project is approved, If the Board approves this, Chairman Rosenstock a~sked how the City will make the applicant change. He asked if that would not be a fact. City Attorney Cherof answered affirmatively. Mr. Livingston suggested perhaps the Engineering Department should overrule the Police Department as to entrances and exits for the parking and driveway. Chairman Rosenstock felt this should be resolved. If they reduce the driveway down to a one way in driveway that will be back 30 feet. Mr. Cutro pointed out there is already approximately 16 feet between the sidewalk and the existing pavement. If the pavement is reduced from 26 or 27 feet, you would come up with about 32 feet. Thirty feet meets the Code. Mr. Livingston referred to a median on the west side of the site in Federal Highway that has one Sable Palm. One of the conditions Mr. Hallahan placed on it was for the appli- cant to landscape it. Mr. Livingston said they intend to do that. Mrs. Huckle asked what they were talking about as far as personnel. She alluded to the employees Busch's anticipates plus the parking attendants. In the peak season, Mr. Livingston said there will be about 30. They intend to have them park on Federal Highway. There were further comments. Ms. Greenhouse did not think this applicant should be treated any differently than anybody else. If it meets Code, it does. - 17 MINUTES - PLANNING & ZONING BQARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Chairman Rosenstock asked if anyone in the audience wished to speak regarding the request. Eldon Pierce, 651 Castilla Lane, asked the Board to deny the requestJ He objected to noise and traffic in the wee hours of the night. Mr. Pierce stated that the project was clearly inconsistent with the Comprehensive Plan. He read a statement that included what he perceived to be the incon- sistencies. Said statement is attached to the original copy of these minutes in the office of the City Clerk as Addendum N. In response to questions regarding the Comprehensive Plan from Chairman Rosenstock, Mr. Cutro replied that the ques- tion goes to what is on the property. Because of what is existing, there may not be the ability to meet the standards. As far as Mr. Cutro could tell from the comments that were made, the City is bringing it as close as they can get to the standards in the City Codes. Bill McMullen, 943 Isles Road, understood they have a 30 foot drivway positioned in the proper place. People will have the valet park their cars. Mr. McMullen asked how the car will get back to the patron. He wondered whether the car would go on Castilla Lane or Federal Highway to go in front of the restaurant. Mr. McMullen understood people would be exiting at the south entrance after they get their cars. Mr. Cutro showed on th~ overlay where the cars could go. Mr. Livingston indicated another option and said they would have three options. Mr. McMullen could see no one was sure which option the valet parking attendant would use. He could also see there would be more traffic on Federal Highway as well as on Castilla Lane. Mr. McMullen told of seeing 40% of the parking lot of the restaurant full at 5:50 P. M. on a Friday night. He pointed out that they do not have as many visible parking spaces as they think. Mr. McMullen went to Busch's on 4/20/91, and 104 cars were in the parking lot with five cars waiting to turn in. He further expressed concern about noise from slamming car doors, odors, and problems the restaurant will bring to the neighborhood. Mr. McMullen felt there would be too much building on too little land with too little parking spaces. Keith Henry, 5 Colonial Club Drive, urged the Commission consider some marketplace realities. He referred to the taxes people are paying to bail out the savings and loan to 18 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 industries. The applicant has not completed the purchase of the proposed site. The applicant signed the conditional sales agreement on January 29, 1991 in a higher interest ~a~e environment, almost immediately after the uses in the Office and Commercial Zoning Districts were amended to include, for the first time, restaurants. The completion of the sale is contingent upon zoning approval. Mr. Henry further spoke about interest rates and the market and urged that the application be denied. Mrs. Walter (Janice) Holly, 631 Castilla Lane, read a letter from Mr. and Mrsl Larry Galsky, 636 Cas~illa Lane. which stated the property did not seem adequate in size for Busch's Restaurant. To allow the restaurant without adequate parking on its own property would set a terrible precedent. The letter referred to parking, increased traffic, and the prospect of odors, noise, and vermin. Mrs. Holly stated she and her husband moved into their home 22 years ago. She spoke as a homeowner most directly affected by the restaurant. Mrs. Holly talked about parking on Isles Road and Federal High,way because the parking for the Women's Club is inadequate, and she felt nothing would keep people from parking on Castilla Lane. She also mentioned parking of the patrons and employees of the restaurant, the cross parking agreement, and Lucille and Otley's Restaurant. Mrs. Holly explained how this will be an all day and night operation, and she felt odors would be vented towards her neighborhood. She did not want the restaurant in ~her f~nt yard. Mrs. Holly was sure the Board would agree the value of the homes in her neighborhood would plummet. Mrs. Holly presented the Board with signed petitions from Castilla Lane, Riviera Drive, Isles Road, and Snug Harbor. She also had pictures showing the number of cars on any given evening around 7:30 P. M. in the Colonial Center's parking lot, together with those of Lucille & Otley's and the Women's Club. At 5:30 P. M. tonight, there were still 39 cars in the parking lot. Mrs. Holly elaborated about Busch's being a good restaurant, but she was sure there was vacant land where it would be better suited. Six homes will be directly affected by the restaurant, and Mrs. Holly asked the Members to put themselves in her place. She urged the Members to deny the request. Chairman Rosenstock inquired about the location of Mrs. Holly's house. He referred to Lucille & Otley's, the Clock 19 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Restaurant, the International House of Pancakes, and the Donut Shop and asked whether she gets any odors from those restaurants. Mrs. Holly replied they will not be at her front door. Comments were made about parking. Gary Ray, 634 Castilla Lane, did not think he could add to the reasons the other people had given for opposing this. He just wanted to be on record as also opposing it. Mr. Ray felt there was no way they would be able to regulate the parking. If employees park on Federal Highway, there will be no way to see in order to get out on Federal Highway from Castilla Lane. Mr. Ray is a real estate broker and wanted to see the tax base increased, but he did not think this was the right business for that location. Joan Le Faso, 652 Castilla Lane, had lived adjacent to Busch's in Ocean Ridge. Although it is a fine rsstaurant, she moved because she did not like living next door to it. Daniel Holthouse, 650 Castilla Lane, was worried about the increased traffic because of his two children riding bikes. Bob Olenik, former Vice Mayor, 29D Crossings Circle, directed his comments towards the City Staff. In the Ordi- nance which talked about how a conditional use should be evaluated before a recommendation by the Planning Department should be made, one of therequirements is to analyze the economic effects on adjacent properties and the City as a whole. Mr. Olenik read the report and did not see any economic analysis being performed. He said they do not know how it will affect sales tax revenues, how much the increase in the tax base wilI be, or the employment oppor- tunities. If Busch's leaves this area, we may lose jobs. Mr. Olenik further mentioned the impact fees that will be paid to the City for water and sewer. Mr. Olenik understood this would really be a restaurant. The liquor license says it is a restaurant, so the primary source of revenue will be through the generation of food not alcohol. Mr. Olenik stated the City Staff has made analyses and recommendations without doing a complete job. If they looked at this, he was disappointed because they had not made them available to the P&Z Board or the City Commission. Mr. Olenik did not think the Board could make an informed decision and follow the guidelines in the Ordinance on granting a conditional use if they have not looked at the economic effects the project will have on the City as a whole. Be stated it was the Board's responsibility to make - 20 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA' MAY 14, 1991 a decision based on the City as a whole. By the City Commission meeting, Mr. Olenik said he will try to get the economic effects of this and present them. Mrs. Huckle informed Mr. Olenik that these same things could exist in another zone already created for a restaurant. They could get the same advantages, sales taxes, etc. with- out invading a C-1 zone adjacent to a residential area. Ms. Greenhouse commented the Board had added restaurants as a conditional use in C-1 zones. Ms. Stevens pointed out that something will be there, and she felt they should consider the feelings of the people that live there. The dollar sign is not the only thing. Susan Knott, 938 Isles Road, wondered whether there would be any outside drinking and dining. Mr. Livingston answered there will be a dining area on the west side of the building. It will be screened and enclosed with hedges. In front of that will be sort of a slate material with a canopy over the top of it. Rather than waiting outside, diners will be allowed to order a drink and sit out there so people will not be wandering around. Mr. Livingston told Mr. Rosenstock the bar will be about twice the size of the bar in the presen~ Busch's. They allowed for about 25 to 30 seats outside that will be available for people wishing to dine there. There will be an ~nt~rcom under the canopy area, but there will be no sound other than a voice calling the names of people whose tables are ready. Ms. Knott did not want to hear different numbers and names being called all night. Cal Cearley, President, Prime Bank, 211 South Federal Highway, brought the Board's attention back to the comments by the Staff, which said the zoning was adequate for a restaurant as a conditional use. The parking facilities were analyzed by professionals, and they said the traffic patterns were adequate. Four restaurants are within two blocks of where the proposed restaurant will be, and none of the residents had complained about smell, noise, or sound from them. Mr. Cearley has lived next to a restaurant and did not have any problems. Wind generally blows from the east to the west, so smells and sounds would be blowing away from the residences. Mr. Cearley felt there would be more noise from cars going up and down U. S. 1 than from Busch's Restaurant. The applicant and his Architect spent a lot of time planning a project that will be a compliment to Boynton Beach. Mr. Cearley asked the Board to consider those things. - 21 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Alvin Tempteton, 641 Riviera Drive, indicated his concerns on the overlay. Mr. Livingston had talked to Mr. Templeton, and he said the applicant had agreed to cut the hedge which is in the existing right-of-way on Rivera Drive back to the property line. They received approval from Colonial Center to do that, so any traffic going west on Riviera Drive will not be hindered by the hedge. They also intend to put traffic cones on the north side of the parking garage so people will not drive through there. The cones will be placed by the valet people at 5:00 P. M. On the south side of Riviera Drive, as you go through the "S" turn, Mr. Livingston said there is a sign saying, "Children Playing' with a bush and tree in front of it. You cannot see the s~gn. The applicant agreed to put the sign on the other side of the tree so people can see it and slow down. Mr. Templeton referred to the 25 miles per hour s~gn and said no one can make the turn at 25 m.p.h. without being in the other lane of traffic. Mr. Livingston responded they will go with the Police to see if they can get the speed on that street changed. THE PUBLIC HEARING WAS CLOSED. If this is approved, Vice Chairman Lehnertz wondered what would happen if two or three months down the line the appli- cants decided they did not want to put a restaurant there. He asked if McDonald's or someone else could come in. City Attorney Cherof answered, "No." He added the condi- tional use was special to the applicant. Ms. Stevens asked what would happen if she did not want to use valet parking and preferred to park her own car. Mr. Livingston replied they will have to go straight down to the south end and walk back. In answer to Mr. Pierce's statement (Addendum N), Mr. Livingston called attention to page 4 of the Planning Department's Memorandum No. 91-089 and read, "This request, subject to the attached staff comments, is consistent with all relevant policies contained within the 1989 Comprehensive Plan." Mot i on Mrs. Huckle moved to support the Planning Department's recommendation and deny the request. Ms. Stevens seconded the motion. - 22 MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 When you consider a conditional use, Ms. Stevens said you have to consider whether there is a need for the service in the area. There are restaurants up and down that street. Ms. Stevens did not believe one more restaurant was needed in the area. She felt it would increase the traific to an uncomfortable level, and she elaborated. Ms. Stevens also felt it would be detrimental to the general health, safety and welfare of its neighbors. She made further comments regarding Shooters Restaurant, noise, and a tower the City Commission did not approve. In making their decision, Ms. Stevens urged the Members to ask t~emselves if they would want this restaurant in front of their home. Ms. Greenhouse thought the City,needed to encourage quality businesses to come into the City. She referred to standards and was disturbed, as was ~Vir. Olenik, that a complete and impartial presentation was not made to the Board. Ms. Greenhouse felt the City needed landmarks to send a signal to other business people that this is the kind of City that wants to encourage quality business and development. Ms. Greenhouse thought the City Staff had properly addressed the parking, etc. She sympathized with the residents but felt the Board had a duty to look at the benefits of the City as a whole. Ms. Greenhouse pointed out that Federal Highway borders residential~areas. Federal Highway is very depressed and she was happy that Busch's selected Federal Highway. Ms. Greenhouse hoped other businesses would follow. If this is not approved, she questioned what would come in, and s~e elaborated. Ms. Greenhouse thought it would be a wonderful addition to the community, and she hoped some of the other Board Members would want to look at the complete picture too. Vice Chairman Lehnertz saw problems with the ingress and egress, the parking, refuse and odors, compatibility with the surrounding uses, and economic effects. He was impressed with what Mr. Livingston had done in terms of the building. Vice Chairman Lehnertz felt this came down to economic effects between the City and the surrounding residences. He reminded everyone he has been a continual spokesman for the residences in Boynton Beach. Where this may have economic benefits to the City as a whole, Vice Chairman Lehnertz did not feel they could thrust something like this on the residents because the City as a whole may get some additional monetary value out of it. Although he would like to see Busch's move into Boynton Beach, he felt there were othe.r places in the City they could move to - 23 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 without the negative impacts. Vice Chairman Lehnertz felt they had to look at the people who live and pay taxes in the City and listen to their wishes. Mrs. Huckle likes Busch's and would like to see them come to the City but not at this site. She elaborated about when she was on the P&Z Board and they created the C-1 District. Mrs. Huckle recalled they proposed to make a buffer zoning of office and professional uses that could compliment the neighborhoods behind them and still take advantage of the traffic arteries. They looked at the area where the Women's Club is and the Colonial Center. All of that was included in C-I because of the beautiful residential neighborhood to the rear, which was z~ned R-1A~ (the highest residential zoning classification). Just last December, restaurants were added to the con- ditional uses. Prior to that, Mrs. Huckle said conditional uses were those uses that were complementary only to offices and professional uses. They were low impact, low traffic, and no night uses with the exception of the Women's Club. This worked beautifully until the P&Z Board recommended, and the City Commission passed, the addition of restaurants, beauty parlors, and a few other uses to the initial uses for C-1. As she read the minutes later, Mrs. Huckle felt the implication was that these would be accessory uses, comple- mentary to office and profes~sional uses so they would be low impact. She d~d not see t~a~ the intent and purpose of C-1 zoning was ever to provide ~or a high volume seven nights a week restaurant and bar. Mrs. Huckle kmew the City had to consider progress and could not keep a zoning classification in concrete, but she felt they should protect the few remaining R-1AA neighborhoods in the City and not invade one of them with a restaurant and bar. Busch's could not in any way complement an office building because it would only be open at night. If this is approved, Mrs. ~uckle pointed out there was the possibility they could be setting a precedent because other C-1 zones could be inundated by a use that does not really reflect the intent of the C-1 zoning. She urged the Board Members to consider those factors. Chairman Rosenstock called the Members attention to the fact that this was a negative motion. Therefore, by voting "Yes", they would be denying the application. By voting "No", they would be approving the application. He took a roll call vote on the motion as follows: - 24 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 MS. Stevens Yes Mr. Collins Yes Mr. Howard Yes Ms. Greenhouse No Vice Chairman Lehnertz Yes Mrs. Huckle Yes Chairman Rosenstock Yes The motion carried 6-1. The application was DENIED. The Board took a break at 9:55 P. M. The meeting resumed at 10:10 P. M. PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Legal Description: Description~ Shoppes of Boynton VDM Group, Inc. VSB, Ltd. North Congress Avenue at N. W. 22nd Avenue, northeast corner See Addendum O attached to the original copy of these minutes in the office of the City Clerk. Request for a variance to Sec. 5-142[h) (5) DRIVEWAY of Article X-Parking Lots Ms. Heyden made the presentation and explained the request by referring to the overlay. The request is explained in the Planning Department's Memorandum No. 91-086 attached to the original copy of these minutes in the Office of the City Clerk as Addendum P. The TRB recommended that the variance be approved, subject to the staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda P and Q and to the following comments: Planning Department "An administrative site plan modification will be required to be submitted to the Planning Department prior to per- mitting and construction of the proposed access aisle if this variance is approved." Discussion ensued about the ingress and egress, "No U Turn,' signs, and the new driveway. If they made the new driveway one way in only, Vice Chairman Lehnertz said instead of 27 feet there would be 37 feet or more. That would improve the flow, so they could go in and out of the 25 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 east driveway but could only come in this driveway. Ms. Heyden responded that was mentioned by the Police Department at the TRB meeting. It was decided they would wait to see how it functions and then make a decision. Chairman Rosenstock wondered whether there would be a problem if the City decides to change it. Ms. Heyden answered that the developer was at the TRB meeting, and he agreed. Derek Vander Ploeg, Vander Ploeg and Associates, Inc., Archi~teCts and Rlanners, Suite 10Q, 1700 ~orth Dixie Highway, Boca Raton, FL 33432, said the City ~taff brought this to their attention, and that is what prompted all of this. They are more than willing to work wit~ the C~t~ to try and alleviate the situation. They think it will work with the condition of the signs.. If it does not, they will come back and readdress it in the Fall. As no one in the audience wished to comment, THE PUBLIC HEARING WAS CLOSED. From his experiences, Vice Chairman Lehnertz knew the "No U Turn Signs" would not work. Unless there was a real problem with it, he wanted to make the driveway one way only to the east. He had no problem with the driveway but was concerned about where people would go when they come out of there. Mr. Vander Ploeg replied they have been watching the traffic and had a Traffic Engineer look at it when they were updating their traffic study. He said that on the easternmost exit, you can actually make the right turn onto N. W. 22nd Avenue to get into the deceleration lane to make a legal "U" Turn there. Mr. Vander Ploeg thought that was what would happen. Part of what is happening is cars are coming out of the main entrance to the median cut and additionally going the wrong way down N. W. 22nd Avenue eastbound in the westbound lane to short cut and come back in as quickly as possible. That is one reason the City Staff recommended they put "Wrong Way" types of signs there. Mr. Vander Ploeg had no objection to making the driveway one way. Mr. Vander Ploeg told Mrs. ~uckle when they initially went through the review process, they had it much as what the Board now saw. At that point in time, they were convinced they should attempt to do it the way it currently is. They need to go over the minutes of the meeting of the original submission. The problem is not so much the parking as it is one of the initial spaces. Everyone wants to park by the front door or at least see if there is a space. Mr. Vander Ploeg stated they never expected that an ale house would take 26 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 that particular location. Mrs. Huckle commented it was a bad situation to start with. Vice Chairman Lehnertz moved, seconded by Mrs. Huckle to recommend approval of the request for a variance to Sec. 5-142(h)(5) DRIVEWAY of Article X-Parking Lots, subject to all staff comments. The motion carried 7-0. REZONINGS Chairman Rosenstock asked whether anyone had questions regarding any of the following rezonings. Those rezonings where no one had questions would be voted on first. After some confusion when trying to vote on more than one appli- cation at a time, it was decided to take the items one at a time. APPLICATION NUMBER 6 Applicant: Agent: Project Name: Owners: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 6 (Planning Area 2.c) Joseph P. Ogonowski, G. G. & Elizabeth J. Philpott, Mabel Allen Estate, Gloria J. Lang, Carmen E. Venet, NYWR, Inc., and Scott F. Swad Lots on the north side of Miner Road, on the east and west sides of Ocean Parkway Request to rezone from R-2 (Duplex Residential) to R-1 (Single-Family Residential) for the purpose of imple- menting the 1989 Comprehensive Plan As no one wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Lehnertz moved to approve Application Number 6 (item 4 on the agenda), seconed by Mrs. Huckle. The motion carried 7-0. APPLICATION NUMBER 7 5. Applicant: Agent: Project Name: Owner: Location: City of Boynton Beach Christopher Cutro, Planning Director Application No. 7 (Planning Area 2.c) NYWR, Inc. Parcels on north side of Miner Road, west of Ocean Parkway 27 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Description: Request to rezone ~rom R-2 (Duplex Residential) to PU (Public Usage), limited to a day care or school, for the purpose of implementing the 1989 Comprehensive Plan As no one wished to comment on th~s application, THE PUBLIC HEARING WAS CLOSED. Mr. Collins the agenda), carried 6-0, moved to approve Application Number 7 seconded by Vice Chairman Lehnertz. as Ms. Greenhouse had left the dais. (item 5 on The motion APPLICATION NUMBER 10 Applicant: Agent: Project Name: Owners: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 10 (Planning Area 4.a) James A. Beach, Frank J. & Gayle T. Desiderio, Frank G. & Penny R. Matrozza, Bernabe Vasquez, R. A. & Miriam M. Hale Lots on the south side of S4 E. 14th Avenue, west of the F.E.C. tracks Request to rezone from R-lA (Single Family Residential) to R-2 (Duplex Residential) for the purpose of imple- menting the 1989 Comprehensive Plan As no one wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Mr. Collins moved to approve Application Number 10 (item 8 on the agenda), seconded by Vice Chairman Lehnertz. The motion carried 6-0. Someone in the audience had wished to speak about this request. Mr. Collins rescinded his motion, and Vice Chairman Lehnertz rescinded his second. Raymond W. Mac Kinlay, 1402 South Seacrest Boulevard, said he lives on the corner of S. E. 13th Avenue. The property they were speaking of is one block south of him. Mr. Mac Kinlay said the area is cluttered with duplexes. The homes are being rented out by absentee landlords, and sometimes 10 to 15 people are living in a unit. The neighborhood is 28 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 declining. Crack sales and crack dealers are proliferating the neighborhood, and Mr. Mac Kinlay did not think the zoning should be changed to duplexes. He thought consideration should be given to the drug problems. Mr. Mac Kinlay stated that the lots are undesirable as housing units and could be used as Commercial or Industrial uses because they are next to abe railroad tracks. After elaborating, he said he did not believe the density should be raised. Chairman Rosenstock recalled Mr. Mac Kinlay had commented before about this area. Tl~ere was discussion between Chairman Rosenstock and Mr. Mac Kinlay about the Police Department and the drug problem. Mr. Gonzalez made the presentation and said this request includes seven lots for a total of 1.7 acres. The land use designation in place is Medium Density Residential, which is consistent with the R-2 z3oning district being applied for. The basis for the rezonlng was a recommendation of the Comprehensive Plan which stated the blocks which lie along the south side of S. E. 14th Avenue should be placed in the Medium Density land use category of the R-2 zoning category. The proximity of the parcels to commercial businesses to the south, the industrial district to the east, the FEC tracks, and Woolbright Road make the availability of vacant lots to the east of this street for single family housing unlikely. If denied, Mr. Cutro said t~e application amendment would go back to low density residential. Ms. Greenhouse wondered if it could be zoned Commercial. Mr. Cutro advised that the Plan specifically recommended a land use and zone for each one of the parcels. That was the problem. They would have to go with this, run them through the process, and then get a recommendation. If they felt strongly that it should be Commercialt Mr. Cutro suggested the Members make that as a recommendation to the City~ Commission. There was discussion about the FEC tracks, the uses that would make more sense there, the drug activity going on there, and the City Code which governs the number of unre- lated people living in a single family home. Vice Chairman Lehnertz told of the problems Code Enforcement has proving people are not related. Ms. Greenhouse asked how difficult it would be to make this a Commercial zone. City Attorney Cherof advised it would be about six months. Mr. Collins referred to the hours the P&Z Board had spent on the Comprehensive Plan. There was 29 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 further discussion about enforcing the Code regarding unrelated people living in a home, Commercial zoning, and parking for the Commercial, and the Comprehensive Plan. Mr. Mac Kinley told Ms. Stevens he thought Commercial zoning would be better. In answer to a question by Ms. Stevens, it was Attorney Cherof's opinion that the definition of "Family" in the Zoning Code could be enforced effectively. He thought the decision to be made administratively was whether it would a~f.ect where the energy of the Code Enforcement Department is to be focused. Ms. Greenhouse also told of how hard it was to enforce. After further discussion, Mr. Cu~ro felt the Members would not be comfortable with the change in zoning. He suggested they leave the zoning "as is". Mr. Cutro added that the chances of developing the parcels are probably minimal. Motion Ms. Greenhouse moved that Application Number 10 (agenda item 8) be DENIED. Mr. ~oward seconded the motion. Mr. Cutro informed Vice Chairman Lehnertz that by not recommending approval, the P&Z Board was recommending that the Planning Department search out the proper land use for the zoning. Amendment to Motion Ms. Greenhouse amended her motion to include that the P&Z Board also recommended a Land Use plan amendment to Low Density Resident±al. Mr. Howard seconded the amendment to the motion. A vote was taken on the amended motion, and the motion carried 7-0. APPLICATION NUMBER 8 6. Applicant: Agent: Project Name: Owner: Location: City of Boynton Beach Christopher Cutro, Planning Director Application No. 8 (Planning Area 2.d) Gold Coast Savings Bank Parcels on the west side of North Seacrest Blvd., north and south of Miner Road extended - 30 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Description: Request to rezone from C-2 (Neighbor- hood Commercial) to R-1 (Single-Family Residential) for the purpose of imple- menting the 1989 Comprehensive Plan As no one wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Lehnertz wanted the City to attempt to do what- ever they can to preserve the natural habitat. Mr. Cutro advised this is one o~ the recommended sites for the County bond issue, and they will have to meet with the County to do that. He thought they could probably work that out as part of a blanket agreement. Vice Chairman Lehnertz moved to recommend approval of Appli- cation Number 8 (agenda item 6), seconded by Mr. Howard. Motion carried 7-0. APPLICATION NUMBER 9 Applicant: Agent: Project Name: Owner: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 9 (Planning Area 2.e) City of Boynton Beach Parcel immediately northeast of the North District Park site, along the southern boundary of N. W. 19th Avenue Request to rezone ~rom C-2 (Neighbor- hood Commercial to REC Recreation) for the purpose oC implementing the 1989 Comprehensive Plan As no one wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Lehnertz pointed out there is exceptionally good scrub area on this parcel, and he wanted the Planning Department to make sure it is preserved. While there is a requirement to preserve 25% of native habitat, he wished they would look at that as a minimum and preserve up to 100%. Vice Chairman Lehnertz moved to recommend approval of Application Number 9 (agenda item 7). Mrs. Huckle seconded the motion, and the motion carried 7-0. - 31 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 discussed. Chairman Rosenstock asked whether FP&L wanted it zoned C-2. Mr. Cutro replied that FP&L had not expressed an interest either way, but it would be to their advantage to have it zoned C-2. The surrounding uses were discussed. Mrs. Huckle moved to recommend that Application Number 13 (agenda item ll) be approved, seconded by Vice Chairman Lehnertz. The motion carried 6-1. Ms. Greenhouse cast the dissenting vote. APPLICATION NUMBER 12 10. Applicant: Agent: Pro~ect Name: Owner: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 12 (Planning Area 7.a) Florida Power & Light Parcels on the northeast corner of Boynton Beach Boulevard and Old Boynton Road Request to rezone from R-2 (Duplex Residential) to R-lA (Single-Family Residential) for the purpose of imple- menting the 1989 Comprehensive Plan Richard Henlser, 502 N. W. 8th Court, wished they would keep these parcels as duplexes. As no one else wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Ms. Greenhouse moved to recommend approval of Application Number 12 (agenda item 10), seconded by Vice Chairman Lehnertz. Motion carried 7-0. APPLICATION NUMBER 14 12. Applicant: Agent: Project Name: Owner: Location: Description: City of Boynton Beach Christopher Cutro, Planning Director Application No. 14 (Planning Area 7.b) City of Boynton Beach Lots east of Pioneer Park, on the north side of N. W. 13th Avenue Request to rezone from R-iA (Single Family Residential) to REC (Recreation) for the purpose o~ implementing the 1989 Comprehensive Plan Richard Heniser, 502 N. W. 8th Court, was at a Crime Watch meeting attended by 20 people. The people want to keep 33 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 the Residential zoning. They do not want a park or parking lot. As no one else wished to comment on this application, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Lehnertz asked whether this was to increase the size of the park. At this point in time, Mr. Cutro stated there are no plans to do anything with the lots. He thought another vacant lot was available, and the City is trying to acquire it. Mr. Cutro thought this park had seen the limits of what would be placed on it. Vice Chairman Lehnertz moved to approve the request in Application Number 14 (agenda item 12). Mrs. Huckle seconded the motion, and the motion carried 7-0. APPLICATION NUMBER 15 13. Applicant: Agent: Project Name: Owner: Location: DescrIption: City of Boynton Beach (Postponed) Christopher Cutro, Planning Director Application No. 15 (Planning Area 7.d) Boynton - JCP Associates, Ltd. Parcel on the northwest corner of Boynton Beach Mall Request to rezone from CG (General Commercial, Palm Beach County) to REC (Recreation) for the purpose of imple- menting the 1989 Comprehensive Plan This item was removed from the agenda. Approval", page 1 of these minutes. (See "Agenda B. SITE PLANS NEW SITE PLANS 1. Project Name: Agent: Owner: Location: Description: Exxon Station Brian J. Lamotte, P.E. Shalloway, Foy, Rayman & Newell, Inc. Westlake ~ardware, Inc. Congress Avenue at Woolbright Road, southeast corner Request for site plan approval to raze the existing hardware store and to subdivide a one acre parcel to construct a gasoline service station/ convenience store and car wash - 34 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 This item was pulled from the agenda. (See "Agenda Approval, page i of these minutes.) OTHER A. CONSISTENCY REVIEW (pursuant to Chapter 163.3194 F.S.) Proposed amendment to Appendix B - Planned Unit Developments; of the~Code of Ordinances to create a time extension for PUD approvals Mr. Cutro reminded the Members of the situation they had with Knollwood Groves where they were processing a minor amendment to a PUD. He wished to add a new Section 13 to Appendix B, which would say the following: ~'Time Extensions A PUD that has received an approved rezoning and site development plan can be extended for a period of up to 12 months by the City Commission. Requests for suc~n extension shall be filed 30 days prior to expiration of the rezoning and site development plan in letter form with the Planning Director and shall be placed on the next available City Commission agenda for consideration." Mr. Cutro also recommended that the following language be added to Section 12, Appendix B: "Minor amendments to a PUD shall not constitute a time extension for the expiration date of the rezoning and site development plan for a PUD." City Attorney Cherof asked the Members to approve the con- cept and let him work out the language with the City Staff. Mr. Cutro informed Ms. Greenhouse this would also deal with Planned Commercial Developments (PCDs) and Planned Industrial Developments (PIDs). Ms. Greenhouse thought they might want to consider, "A PUD that has received an approved rezoning and a PUD site development plan and master plan " Mr. Cutro replied that a site development plan is a master plan. He knew of no place in the Code that cited a master plan. Mr. Cutro further explained. Chairman Rosenstock recommended Mr. Cutro conSult with the City Attorney and come back to the P&Z Board at the next meeting with the specific language the Board should approve. - 35 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 Vice Chairman Lehnertz asked what if they have a situation where the time has expired. He questioned whether there would be any liability to the City if the City says an applicant cannot have this. Mr. Cutro replied, "No." He clarified that all this does is allow the City to restart the clock. Special Meeting of Planning and Zoning Board au 7:O0 P. M., Thursday, May 30, 1991 in Commission Chambers The Members confirmed the date and time of this meeting was agreeable with them. Mr. Cutro informed the Members that the City Commission would be meeting on the 28th and the 29th. COMMENTS BY MEMBERS Recycling While in Tampa, Vice Chairman Lehnertz noticed several gas stations recycled the water from their car washes. He had not seen that here, and he wondered whether the City could specify that should be done. Mr. Cutro thought it was already required but said he would make certain it is done. Gas Stations Chairman Rosenstock asked what direction the Members wished to pursue with reference to gas stations. He found there are 25 or more gas stations in the City of Boynton Beach. If property is zoned for a gas station, the P&Z Board will have difficulty not allowing it. After discussion between Chairman Rosenstock and City Attorney Cherof, Chairman Rosenstock recommended that the Board suggest to the City Commission that they amend the Comprehensive Plan to elimi- nate the designation of gas stations tions. City Attorney Cherof advised acceptable. from the ctassifica- that terminology was Mr. Collins questioned Discussion ensued among the Members. why they would not want any more gas stations in the City. Chairman Rosenstock thought (1) there are too many in the City; (2) they are a hazard~ and (3) they are ugly. Mr. Collins felt it gave people an option on gas prices. He had a problem with it. Ms. Stevens also had a problem with it. Mr. Howard was undecided. Ms. Greenhouse did not want to see any more gas stations. Vice Chairman Lehnertz liked the - 36 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 14, 1991 idea. ?!rs. Huckle wanted to see the wording, and she wondered what they could do as far as upgrading. Mr. Cutro stated he would consult with City Attorney Cherof about this. Chairman Rosenstock wondered if they could review it at the May 30th meeting. Mr. Cutro expected that meeting to last three hours. Congratulations Mrs. Huckle congratulated the Board and the Chairman for maintaining decorum in an emotional meeting. Ms. Greenhouse was pleased that the Board continues to~let the people speak. ADJOURNMENT The meeting properly adjourned Patricia Ramseyer ~/ Recording Secretary ~ ~ (Four Tapes) ~%J at 11:30 P. M. - 37 - · Legal Descriptt~n .~ ~ PARCEL "A'~ (See SUrveyor,s Note 1) ' A Parcel of land in Section 33, Township 45 South, Range 43 East follows:Palm Beach County, Florida,. more particularly described as ' --. ; Beginning at the point of intersection of a line parallel to, and ~- ' 190 feet Easterly from'the East line of the West quarter of Tract 15 with a line parallel to and 75 fee~.Southerly from, the North . line of said'Tract 15, .acc'ording to Plat of Subdivision of Section ~ 33 recorded in Plat Book ~, Page 4, public records of Palm Beach ~' County, Florida; . thence go Easterly parallel to'the North llne of · said Tract 15 a distance of 313.96 feet; thence go Southerly, at rfght angles to the preceding~course, a distance of 280 feet; ~ thence go Westerly, parallel to the North line of said Tract 15 a distance of 309.87 feet to a point in said line parallel to and 190 fee~ Easterly of the East line of t~e West quarter of said Tract 15; thence go North along said parallel line a distance of 260 feet to the point of beginning. Together with: PARCEL "B" (See Surveyor's Note 2) Lot 18 of the Plat of GAY-MAR ESTATES of the City of Boynton Beech, Florida, as per plat therof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 24, Page 110, and , A Parcel of land in Section 33, Township 45 South, Range 43 East, in the City of Boynton Beach, Palm Beach County, Florida more particularly described as follows, to-wit:- ' Beginning at the Southeas~ oornmr of Lot 18, ~AY-MAR ESTATES, according to the plat thereof, recorded in P ~ublie Records o~ Palm Beach County Flo ~at Book 24, Page 110, along the extenszon of th,.~ ..... ' . rida, thence southerl ~§5 feet, more or 3~ -~i ~m~.z~n? or said Lot 18, a dist .... , -o a poln~ in the north~,-1.. . =~ ance of lins of southeast 2?th Court, as shown on plat of Seacre~t Estates, recorded in Plat Book 24, page 245, public records of Palm Beach County, Florida; thence westerly along the said - ~ ~e~ South~st 2~th Court, a distance of i +t? ~ F~znt in the s utherly therly ~zght.of ~a¥ llneoOf tens .... = ~ - · ~- ~u, unence northerly al~ .... ~= ~ u% une wes~ line of distance of 155 feet, more or less, to the Southwest corner of saidd. Lot 18, thence easterly along the South line of said Lot 18, ~ lstance of 75 fee~ to th~ Point of beginning. Subject to 9xisting right-of-way of Southeast 27th Court. ADDENDUM A -: BUILDING DEPARTMENT MEMORANDUM NO. 91-161 April 29, 1991 THRU: Christopher Cutro, Planning Director Don Jaeger, Building & Zoning Director~_ FROM: Michael E. Haag, Zoning & Site DevelopMent Administrator RE: TRB Comments - April 30, 1991 Meeting (ADDITION FOR CLASSROOMS) Upon review of the above mentioned project, the following list of comments must be addressed in order to conform with Boynton Beach City Codes: 1. All drawings and/or documents submitted for public record, and prepared by a design professional, shall show original legible raised seal and signature of a Florida registered design professional, who is responsible for the drawings. 2. Specify on the floor plan drawings the school grade level for all classrooms and the number of ~otal seats for both floors of the church. Show on the plans the appropriate number of parking spaces consistent with the requirements of Appendix A Zoning Section 11 H. 3. Provide a detailed plan view and full section view drawing of the dumpster enclosure and pad. Identify the type, size and color of the material proposed for the sides of the enclosure. Specify the size and type of all required vertical and horizontal structural material and components for the enclosure walls and associated pad~ Identify the overall height, width and length of the enclosure. Show ten feet (10') clear minimum width of the enclosure opening. material or meet the Public Works Department specifications for size of compactor enclosure. Where gates are proposed, specify the method of holding the enclosure gates in the open and closed position. Provide on the site plan a typical detail drawing Of a regular parking space. Drawing must include the following information: 5o i. specify the length and width ii. show the size and configuration of the pavement markings iii. specify the color of the pavement markings (white for asphalts black for concrete) iv. location of wheel stop or concrete curb Include on the site plan drawing a detailed elevation view drawing of the proposed site lighting pole and fixture. Show and specify the following pole and fixture data: i. specify that the fixture is photocell activated ii. show the light contours and specify their foot candl~ light level rr~ iii. specify,glare where applicable, shields to deter 'off-site ~ The outline, configuration and material shown and identifi~ on the project drawing(s) sRbmitted with the plan(s) for~ final sign-off shall match in every respect the colored ~ drawing(s) approved by the City Commission during the approval process of the project. The color of each%exterior finish material shown on the final sign-off plans shall be Page 1 of ADDENDUM B To: christopher Cutro Re: Boynton Seventh Day Adventist Church, Memo # 91-161 Page TWO of TWO identified by name, color number and manufacturers name which shall match in every respect with the color(s) shown on the drawing(s) approved by the City commission. A manufacturer's ~olor chart showing and identifying all approved color(s) shall be submitted with the plans for final sign-off. 7. Show on the site plan a typical detail drawing of the handicapped parking space and the accessible route leading to the entrance of the building. Drawing shall include the following information: i. show the required number of handicapped parking spaces ii. show the location and identifF the height of the handicapped parking Signage (~ foot from grade to the bottom of the sign) i'ii. show the required handicapped accessible walkway that leads to the entrance of the building from the 5 foot access aisle. Specifyand show the following walkway information: a) slope for the entire length b) texture of the finish c) total length d) cross slope e) w%dth f} type of material g) location, height, material and configuration of handrail where required iv. show the location, width, length and elevation of the level platform that is required at the entrance to the of the building 8. The landscape plan should show a plant directory, indicating ~he total number, Species, spacing and height of all landscape material. All specifications must comply with the Landscape Code. Include the percent of native species, 50% is the minimum.native species percent. g. state on the plans that the landscape material will be irrigated with an automatic water supply system. Specify the water supply source. 10. Specify type of mulch material to he used and it's thickness when laid. 11. Specify type and location of the sod to be used. Delineate extent of sod for the entire site. 12. I recommend showing a handicapped accessible walkway leading to the entrance of the church from the public sidewalk, specify on the plans the following walkway data: i. type of material ii texture of the finish iii. width iv. slope v. length vi. show the location, width, length and elevation of the level platform that is required at the entrance of the building Page 2 of ADDENDUM B / 0 ENGINEERING DEPAILTMENT ~LMORAND~M gO. May 3, 1991 FROM: Christopher Cutro Director of Planning Vincent A. Binizio Administrative Coordinator of Engineering R] CE1VED DF-PT, In accordance with the City of Boynton Beach, Florida. Code of Ordinances, specifically Chapter 19, Section 19-17, "Pldn Required (Site Plan Review Process)", includin~Ghaptem 5, Azticle X, "Boynton Beach Parking Lot Regulations" inclusive, the applicant for the above referenced proj eot shall submit the following informa- tion, technical data and plan revisions: Provide an electrical lighting plan which indicates that pedestrian walkways associatedwithfnthe parkfalg facilitF are illuminated in accordance with Section 5-142(b), "Pedestmian Walkways". Additiomally, delete the note specifying t~me clock activatiom and revise plams to indicate photo cell activatiom of the lighting system in accordance with gectiom 5-142(a), '~Required Lighting" and Section 5-142(g), "Lighting Standards" imclusive. The photometric values of the horizontal illumination plan are not identified and the plan shall be revised to indicate the tevels of illumination for the parking facility and associated pedestrian walkways, in accordance with Section 5-142(a), "~equired Lighting" and Section 5-142(g), "Lighting Standards" inclusive. NOTE: Construction details specifying depth of pole embedment and lateral wind ioadin~ requireane~s shall be placed om the submitted plan in accordance with Section 5--142(g), "Construction Standards" inclusive. P~ovide geotechaical thickness determinations for the existing parking facility which shall include thickness determinations of theasphaltic concreze surface, bmse course and underlying snbgrade in accordance with Section 5-142(g), "Parking Lot Construction Standards". ShouLd the applicant wish to d~*~ish projec~ cosns, the Architect or Design Engineer may delete the wire mesh requirement from ~he sidewalks situated within the p~bli~ rights-of-way should it be deemed reasonable by theArchitecta~d/or Engineer of Record. Additionally, the City of Boynton Beach does not require concrete mesh thru ingress/egress approach driveways. Provide handicap ramp location and details for all handicap parking stalls mu accordance with the Department on Community Affairs, Accessibility Require- mentsMa~ual, latest edition. Section 5-142(k), "Eandicap Requirements" and Section $-142(g), "Handicap Standards". The applicant shall lmdlcate on plans, reference a previous discussion between the Gtty Engineer and Representative Steve Sinclair, ~he installation and construction of perimeter swales fully sodded and irrigated. Additionally,. percolation test data shall be provided in accordance with Section 5-142(f)~ "Required Drainage" and Section 5-142(g), "Drainage Standards" inclusive. Administrative Coordinat~of Engineering WRS :VAF/ck The proposed deslg~ should address the fact that the exlstimg school building mean finish floor elevation is +15.9 and possible flooding may occur during a W. Richard Staedlnger, P.E~ City Engineer Gee & Jenson Engineers, Architects, %P~anners, Inc. cc: J. Scotz Miller, City }~nager // ADDENDUM C PLANNING DEPARTMENT MEMORANDUM NO. 91-087 TO: FROM: FROM: DATE: RE: chairman and Members ~g~Zoning Board: Christopher Cutro, AICP Planning Director Jorge L. Gonzalez Assistant City Planner May 6, 1991 Boynton Seventh Day Adventist Church classroom addition) Site Plan File No. 574 ~ (church and Please be advised of the following comments with respect to the above-referenced request for site plan approval: Submit a written, statement comparing the number.of existing seats in the church to the number of seats being added. (Pursuant to Appendix A, Zoning, Section 11-H.b.1 of the Code of Ordinances, parking spaces for a church must be provided at a rate of one (1) per four (4) seats, or a minimum o~ one (1) per one-hundred (100) square feet). The "Building Data" column in the site plan lists the existing church building as being 2,556 square feet, while the "Parking Calculations" column lists the church as being 2,716 square feet. Make the necessary corrections to ensure consistency between the two columns. Revise any page(s) in the site plan application which may have changed as a result of the modification to the layout of the site (since the original submittal). a:seventh.2 ADDENDUM D BUILDING DEPARTMENT MEMORANDUM NO. 91-163 April 29, 1991 TO: Christopher Cutro, Planning Director THRU: Don Jaeger, Building ~ Zoning birector/~ FROM: Michael E. Haag, Zoning & Site Develop6eat~' Administrator RE: TRB Comments - April 30, 1991 Meeting SITE PL~/~ MODIFICATION - FIRST IMPRESSIONS DAY CARE CE~BR (BUILDING & p~D~KING C~ANGES} Upon review of the above mentioned project, the following list of comments must be addressed in order to conform with Boynton Beach City Codes: 1. Specify on the plans the finish floor elevation of the proposed building. Z. Specify on the plans the height of the building. (Maximum height is 25') 3. Show and specify on the site plan the required thirty (30) 5oot side and rear setback where proposed building abuts the residential zoned district. Identify and show the following fence information for the fence shown on the south side entrance to the play area: i. type of material ii. color of fence iii. height Show on the detailed drawings of the dumpster enclosure and pad the following information: i. show and dimension the location on the site plan ii. identify the color of the finish material iii. specify the vertical structural components, type of material, size, location and arrangement required for the enclosure walls iv. specify the horizontal structural components, type of material, size, location and arrangement for the enclosure foundation Show on the detail drawing of the buffer wall the following information: i. identify the color of wall finish material ii. specify the horizontal stractural components, type of material, size, location and arrangement required for the wall foundation Specify mn the plans the width and length of the parallel parking spaces. Include the location, width and color of the parallel parking space pavement markings. Provide a detail drawing of the pole base specified on the site plan detail drawing. Include all vertical a6d horizontal structure material and components. Specify on the elevation view drawing the color of the following exterior finish materials: glass and louvers. roofs.Specify on the elevation view drawing(s) the PLANNING D EP'(', Page 1 of ADDENDUM E TO: Christopher Cutro Re: First Impressions Day Care, Memo # 91-163 Page TWO of Three 12. 13. ii. iii. vii. Show on the site plan a handicapped accessible walkway leading to the entrance of the building from the public sidewalk, specify on the plans the following walkway data: t!rpe of material texture of the finish width slope for.~he entire length length show the location, width, length and elevation of the level platform that is required at the entrance of the common nse area ; location, height, material and configuration of handrail where required Specify on the plans the slope of the handicapped route leading to the base of the handicapped ramp from the five (5) foot aisle at the handicapped parking space. The outline, configuration and material shown and identified On the project drawing(s) submitted with the plan(s) for final sign-off shall ma~oh inevery respect the colored drawing(s) approved hy the City Commission during the approval process of the project. The cotor of each exterior finish material shown on the final sign~off plans shall be identified by name, color number and m~nufacturer.s name which shall match in every respect with the color(s) shown on the drawing(s) approved by the city Commission. A manufacturer"s color chart showing and identifying all approved color(s) shall be submitted with the plans for final sign-off. Show and identify the slope of the flared sides required for the handicapped ramp. Identify the elevation and slope of the covered entrance floor surface. 16. 17. Show unobstructed cross visibility area and space through the required site perimeter landscape strips at both sides of all ingress and egress driveways. The cross visibility area and space is shown by placing and dimensioning on the site landscape plan a ten foot (10') isosceles triangle. The point where both ten foot (10') legs Join shall be placed on the property line at the edge of the Ingress/egress with one leg extending along the property line and the other leg along the edge of the ingress/egress with the remainder of the triangle being a line across the landscaped area connecting the end of each ten foot (10') leg. The vertical space between thirty inches (30") [above the adjacent pavement surface] and six feet (6') within the,triangle area shall be clear of landscape material. Show unobstructed cross visibility area and space at the intersection of seacrest Boulevard and S.E. 22nd Avenue. The cross visibility area and space is shown by placing and dimensioning on the site landscape plan a thirty-five (35) foot isosceles triangle. The point where the two.(2) equal sides connect shall be placed where the ultimate width of the right-of-ways intersect each other. Both equal sides shall extend from the intersecting point thirty-five (35) feet along each right-of-way. The third side of the triangle shall be a line that connects the end of each thirty-five (35) feet side. The vertical space between thirty inches (30") [above the adjacent pavement surface] and six feet (6') within the triangle area shall be clear of langscape material. Page 2 of ADDENDUM E TO: Re: 19. 20. 21. 22. 23. 24. Christopher Cutro First Impressions Day Care Center, Memo # 91-163 Three of Three Specify on the plans that the quality of the landscape material will be Florida #1 or better. Dimension the width and length of all landscape strips and islands. Indicate location, type, size and spacing of accent shrub landmoape material required around three (3) sides of the dumpster. Landscaping proposed to be installgd within an easemen~ shall be allowed only after consent of all utility companies that have access right to use the easement. Specify the type of mulch material to be used and it's thickness when laid. Specify type and location of the sod to be used. Delineate the extent of sod for the entire site. Provide a minimum width of 2 1/2 feet of landscaping relating to abutting property. el E. Haag /0 Page 3 of ADDENDUM E FROM: Christopher Cutro Director of Planning Vincent A. finizio Administrative Coordinator of Engineering PLANNING DEPL In accordance with the City of Boynton Beach, Florida, Code of Ordinances, specifically Chapter t9, Section 19-17, "Plan Required (Site Plan Review Process)". including Chapter 5, Article X, "Boynton Beack Parking Lot Regulations" inclusive, the applicant fo= the above referenced proj act shell submit the following informa- tion. technicel data and plan revisions: The applicant shall submit a photometric plan depictlng maintained lighting levels within the facili~ty. Additionally, standard details for fixtures, 7~[§hc posts and depths of imbedment shall be provided in conjunction with this submission. A note specifying photo ceil activation shall be placed on the associated plans. Section 5-142(a), "Req~red Lighting" and (b)~ "Pedestrian Lighting". The applicant shall provide sodded and irrigated swales withf~ the public rights-of-way. The applicant shall provide a constructio~ detail and/or a note specifying compliance with Engineering Department standards and specifi- cations for swale construction. The swale areas along 22nd Avenue shall be posted wtth a minimum of two (2) "No Parking. signs in order to protect the newly developed sodded swales fr~m vehicular encroachment.. The applicant shall revise the detail for handicap stalls in accordance with the lastest ~dition o£ the Department on Community Affairs Accessibility Requirements. Section 5-142(k), "Handicap Requirements". The applicant shall construct continuous concrete sidewalks thru all ingress/ egress opproacheso Section 5-142(g), "Parking Lot Construction", Appendix - The applicant shall provide percolation test data in accordance with Section 5--142(f), "Drainage". Additionally, an exflltration trench construction detail shall be provided in accordance with Section 4-142(g), "Parking Lot Construction". The applicant shell verify the water table in order for this department to verify exfiltration trench calculations. Section 19-17 (k), "Required Technical Data". The applicant shall indicate on plans all parking lot construction, elevations, contours, grades and dimensions in accordance with Section 5-142(g), '~arking Lot Construction" and Section 19-17(k), "Required Technical and Engineering Data". So Ad~lnistrative Coordinator of Engineering cc: J. Scott Miller, City Manager The applicant shall submit 3 year - 24 hour stormwater drainage calculations. If the exfiltration trench is used for a ~wen=y-four hour period, then the exfiltration trench equation must be modiEied. South Florid~ Water Management District formula assumes storage volume in the trench plus exflltration for one (1] hour only. Section 5-142(f), "Required Drainage". City ;n~ndeeSztaudinges',' P :E' Gee & Jenson Engineers~ Architects, Planners, Inc. ADDENDUM F PLANNING DEPARTMENT MEMORANDUM NO. 91-083 TO: THRU: Chairman and Members Manning and Zoning Board P , I.C.P. Planning Director FROM: Tambrt J. Heyden Senior City Planner DATE: May 1, 1991 SUBJECT: First Impressions Day Care Center - File No. 589 Site Plan Modification (building/parking changes) Please be advised of the following Plauning Department comments with respect to the above-referenced request: Add a graphic scale to the site plan and landscape plan. Site plan application, page 5, item #2. Amend the data supplied on page 4, items 5(h) and 5(i), of the site plan application to correspond to the data provided on the site plan. Parking space #3 must be omitted or redesigned since without the required 27 foot backup, it does not function:as an unobstructed parking space with sufficient access. Chapter 5, Article X, Section 5-142(1}. The city standard for parallel parking spaces is 9 feet by 25 feet, therefore spaces #14 and #15 must be lengthened. Chapter 5, Article X, Section 5-142(1)(1) - City Standards. Dimension the minimum 5 foot landscape strip along Seacrest Boulevard. Chapter 7.5, Article II, Section 7.5-35(d). Add parking calculation information to the data table on the plans. The number of spaces required for this size use is 16. Appendix A - Zoning, Section 11.H.16.c(4). Show a sign location on the site plan to post drop-off area as "No Parking - Drop off Area". Approval of this request is contingent upon The Board of Adjustment granting a variance for the side/rear setback proposed on the plans. If the variance which is in process, is denied, this site plan modification will need to be resubmitted to the Planning Department showing a building location which meets code. tjh Tambri J. ~Heyde~ ADDENDUM G - TO: THRU: FROM: DATE: SUBJECT: pLA/~NING DEPARTMENT MEMOPJ%NDUM NO. 91-093 Chairman and Members ~a~ning Board Christopher Cutro, A.I.C.P. Planning Director Tambri J. Heyden Assistant Clty Planner May 8, 1991 D and D Beauty Salon - Bile No. 588 Conditional Use (beauty salon) introduction: Johnnie Lee Davis- Jr., lessee, lS requesting condl~lonal use approval to lease 900 square feet within an existing office building for the purpose of establishing a beauty salon. The parcel is currently zoned C-2, Neighborhood commercial, however the land use designation is Cffice Commercial and is within Planning Area 3.F which the City is in the process of rezonlng to C-1, Office Professional Commercial. The proposed use is located a~ 311 North seacrest Boulevard. the northwest corner of Seacrest Boulevard and N.W. 3rd Court. Surrounding Land Uses and Zoning Isee attached map): Abut=lng the subject parcel to the north is s small office buildihg, zoned C-2. in Planning Area 3.F~ no be rezoned to C-1, TO the east across Seacrest Boulevard lsa vacant lot zoned R-2. TO the south, zoned C-2 but also in Planning Area 3.F to be rezoned to C-I is a church. TO the wes5 are single family homes, zoned Standards for Evatuatino Conditional Uses: Section ll.2.D of the Zoning Code contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning Department's evaluation of the applicanlon as no whether lr would comply with the particular standard. ?he Planning and Zoning Board and Clty Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations, and. ~n connection therewith, may gran5 ccndltional uses absolutely or conditioned upon the faithful adherence 5c and of fulfillment of such restrictions and condinlons including, but non limited no the dedication of ~roperty for sLree~s, alleys, and recreation space, and s!dewalks, as shali be necessary for the protection of the surrounding area and the citizens general welfare, or deny conditional uses when no[ in harmony with the lnnenn and purpose o~ this seCnlOn. In evaluating an application for conditional use, the Board and Commlsszon shall consider the effect of the proposed use on the general health, safety, and welfare of the community, and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: 1. Ingress and egress 5o the subject property and proposed structures thereon, with particular reference ~o automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or canasErophe. The existing parking lot. which does non mee~ currenm standards, is proposed ~o be restriped to the iayou5 illustrated on the at5azhed slue plan. A driveway exlsns onto seacrest Boulevard which will provide ingress and egress to four parking sp~ces mn the front of the building. Another driveway exists Page 1 of ADDENDUM H PM No. 91-093 -2- May 8, 1991 2. Off-stree~ parking and loading areas where required, with particular attention to the items in subsection D.1 above. ~nd the economic, glare, noise and odor effects the conditional use would have on adjacent and nearby propertles, and the City as a whole. With the proposed parking space layout, six spaces are available. Based on the mix of uses in the building (the proposed beauty salon, an aparumen~ and a 960 square foot vacant area) nine parking spaces would be required by code. However, parking on the site is legally nonconforming and none of the conditions under the scope of the Parking Lot Regulations exists no require Due t~ the small area proposed for the beauty salon and the fact that the only ~hanqes proposed to slue involve landscaping and parking lot layout and design, this use will not have any nega5~ve effects on ad3acent and nearby properties or the City as s whole. Refuse and service areas, with particular reference to the items in subsection D.1 and D.2 above. Refuse collection at this site is by can pick-up which will remain unchanged. Utilities,~with reference ~o location, availability, and compatibility. The existing utilities are adequate to serve the proposed use. 5. Screening, buffering and landscaping with reference ro type, d~menslons and character. The existing landscaping is proposed to be supplemented with a hedge along the north property line where the parking area abuts the adjolnln~ property to the north and along the front of the building 5o help screen the parking area from view. 6. Signs and proposed exterior lighting, with reference ~o ~lare traffic safety, economic effect and compatibility and harmony with ad3acent and nearby properties. NO chan~es are proposed to the exls%lng slgnage and lighting. ?. Required setbacks and other open spaces. NO exterior changes or additions are proposed which requlre comp!lance with current setback requirements despite the fac~ that the existing setbacks are substandard 8. General compatibility with adjacen~ properties, ~nd other properties in the zoning district. As previously discussed, this parcel lies within Planning Area 3.F. which is to be rezoned by the City from C-2 no C-1. However, the exlstlng C-2 zoning, one block to the north, which has an established land use pattern of C-2 uses, including a beauty salon, will remain. With regard to the abutting residential zoning district ~o the west, the proposed beauty salon will occupy only the front or east portion of the building. In the rear or west of the building is a legal nonconforming generally compatible with the ad3acenu properties Pate 2 of ADDENDUM H PM No. 91-093 -3- May 8, 1991 i0. Economic effects on adjacent properties and the City as a whole. For reasons already stated, It is not anticipated that the proposed beauty salon will have an adverse Impact on property values in the vicinity, or the City as a whole. ComDrehenslve Plan Policies: This requess, sub,ecs ro the at~ached staff comments, zs consls~en5 with all relevant policies contained within the 1989 Comprehensive Plan. Conclusion/Recommendation: The Plannin~ Department recommends that this reques= for conditional use approval be approved, subject to the attached staff commen~s. This recommendation is based on the fact that the proposed heausy salon will not exacerbate existing conditions on the site er adjacen~ properties, nor create any additional nega=ive Impacts in the area. Tambri J. He.~/d~n ~ tjh Attachmenss A:DandD xc: Central File Page 3 of ADDENDUM H BUILDING DEPARTMENT MEMORANDUM NO. 91-166 April 29, 1991 TO: Christopher Cutro, Planning Director THRU: Don Jaeger, Building & Zonin9 Director~ FROM: Michael E. Maag, Zoning & Site Development Administrator RE: TRB Comments - April 30, 1991 Meeting BITE pLAN MODIFICATION - D & D BEAUTY SALON [INCLUDES MINOR C~L~NGES TO EXISTING STUDy) Upon review of the above mentioned project, the following list of comments must be addressed in order to conform with Boynton Beach Clty Codes: 1. Ail drawings amd/or documents submitted for public record and prepared by a design professional, shall show original legible raised seal and signature of a Florida registered design professional responsible for the drawings/documents. Show within the plans a typical detail drawing of a regular parking space. Drawlng must include the following information: 1. specify the length and width ii. show the size and configuration of the pavement markings 1ii. specify the color of the pavement markings (white for asphalt, black for concrete) iv. location of wheel stop or concrete curb Show within the plans a =ypical detail drawing of the handicapped parking space. Drawing must include the following information: 1. dimension the width and length il. show and identify the size, location and configura~lon of the handicapped pavement markings iii. specify the color blue for the pavement markings iv. show the location and identify the height of the handicapped parking signage (7 loot form grade to the bottom of the sign) state on the plans that the landscape material will be irrigated with an automatic water supply system. Specify the water supply source (city water is acceptable) Specify on the plans that the quality of the landscape material will be Florida =1 or better. 6 Provide required native species of shrubs. 7. specify the width of the landscape strip along the north property line (minimum width is 2-1/2 feet). ~ - D&DBTY. SDD PLAN N;;~G DEPT. ADDENDUM I PL~tNNING DEPARTMEHT MEMOPJ~NDUM NO 91-089 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Plannlng and Zoning Board Christopher Cutro, A.I.C.P. Planning Director Tambri J. Heyden Senior City Planner May 7, 1991 Busch's Seafood Restaurant - File No Conditional Use 587 ~ntroduction: Cra1~ Livings=on, agen5 for Chrisoul~ Lambrakis, conLracu purchaser, is requesting conditional use approval to construct a 3,953 squarm foot addition to the vacant 2,683 square foot bank building located at 1120 South Federal Highway (the southeast corner of Federal Highway and S.E. llth Avenue, also known as Castilla Lane), for the purpose of e§tablishing a 6,635 square foot res=auranL. Surrounding Land Uses and Zoning (see attached maD): ~2outt~ng the sub~ect parcel to the north is Castilla Lane and an office building zoned C-1. Office and Professional Commercial, To the east is a 57 foot strip of C-1 zoned land which is part of the office complex ~o the south, Further east ~s a residential subdivision, zoned RiAA. comprised of large single family homes To the south, zoned C-1, is an office complex and to the west across Federal Highway, is a servlce station and vacant lot, zoned C-3, Community Commercial. Standards for Evaluatino Conditional Uses: Section ll.2.D of the Zoning Code contains the following standards to which conditional uses are required to conform. Following each of these standards ~s the Plannin] Department's evaluation of the application as ~o whether it would comply with the particular standard. The Planning and Zoning Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations, and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and of fulfillment of such restrictions and conditions including, but noE limited to, the dedication of property for s~ree~s, alleys, and recreation space, and sidewalks, as shall be necessary for the protec=ion of the surrounding area and the citizens' genera~ welfare, or deny conditional uses when no= ~n harmony wl=h the intent and purpose of this secElon~ In evaluating an application for conditional use. the Board and Commission shall consider the effecu of the proposed use on the general health, safety, and welfare of the community, and make written findings certifying that satisfactory provision has been made concerning the f~llowing standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access ~n case of fire or catastrophe. Two driveways exls~ onuo Castllls Lane to serve the proposed restauran%. Of these Ewo driveways, the driveway located ~losest uo the zntersect~on of Castilla Lane and Federal Highway will provide the main lngress ~o the site. However, the location of ~his driveway does not meet code with respect Eo the distance fr~. ubs ii~5~rsect~on as discussed in the 5ttach~d Planning Deparnmen~ memDrandum and mus~ be relocated a minimum of 30 feet from the lntersect~ng rights-of-way lines of Cas~llla Lane and ~=deral Hlghway. In addition because a ~ross sices~ agreement and a s!~are~ parking allocation (further discussed under standard / Page 1 of ADDENDUM J PM NO. 91-089 -2- May 7, 1991 ~2 below) are requested with the adjacent colonial Center office complex, the existing driveway onto Federal Highway which serves the office complex will also provide ingress and egress to the sire However. no internal pedestrian syste~ exists or ts proposed to link the shared, off-site parking on the office ~Arcet to the restaurant, With respect to emergency access, the restaurant kitchen is proposed in the rear {east side} of the building. Although not unusual with older buildings, emergency vehicles would have to park off-site on Castilla Lane to fight a kitchen fire due no the narrow width of the access aisles on the east side of the building. 2. Off-street parking and loading areas where required, with particular attention to the 15ems In subsection D.1 above and the economic, glare, noise and odor effects the condltlonal use would have on ad3acent and nearby properties, and the City as a whole. Adequate parking is not available on-site to serve the 175 seat restaurant proposed, which requires 70 parking spaces by code. However, based on the opportunity to allocate parking spaces for the office use, in part, for,the required parking spaces 9f the restaurant use, a shared parking study was submitted. The documentation submitted assumes that th~ restaurant will be limited to evening hours of operatlon~ and will therefore, exhibit a peak parking demand at 7:00 P.M. The study also indicates that the office use requiring 100 parking spaces by code and providing i08 spaces, peaks at 1:30 P.M., which Ls consistent with Urban Land Institute data for office peak parking demand .I0:00 A.M. - 2:00 P.M Because restaurants have a primary peak parking demand from 7:00 P.M. to 9:00 P.M. 'dinner business) and a secondary peak from 1:00 P.M. to 3:00 P.M. (lunch business), which overlaps with the recognized office peak from 10:00 A.M and 2:00 P.M., it is very likely that statistical evidence will not support a shared parking concept if the proposed restaurant operates during lunch hours. Although restricted hours of operation are difficult for the City to monitor, the documents submitted provide quantitative evidense that a sufficient number of parking spaces ~s available at the peak hour of parking demand, if the restaurant's hours of operation are limited to the evening (5:06 P.M on). Further staff analys~s of the shared parking study is provided in the attached memorandum from the Planning Department. Due ro the request for a shared parking allocation 5o meet the off-street parking requirement, parking areas which will serve the restaurant use mus~ be designed to current standards. As discussed in the attached Engineering Department memorandum, the parking facility on the office complex parcel constructed in the early 1950's, does not meet today's code with respect uo width of access aisles in the northeast corner of the parking lot, drainage and lighting. In addition, the plans submitted do not propose any improvements to the office parking facility. The economic, glare, no,se and odor effects the conditional use will have on adjacent and nearby properties, and the City as a whole will be discussed under standard ~3 and ~6 below, Refuse and service areas, with particular reference to the items In subsection D.1 and D.2 ~bove. The refuse and service areas proposed in the rear of the build~ng are adequate to service the proposed restaurant if the access aisle driveway connections discussed under standard =2 above are Page 2 of ADDENDUM J PM No. 91-089 -3- May 7, 1991 evenlng ~olse from delivery and sanitation trucks and late night hours of operation are t~rpically a problem when restaurant uses are located in close proximity to residences. 4. Utilities with reference to location- availability, and compatibility. The proposed utility design, subject 5o the conditions stated in the attached memorandum from the Utilities Department, ~s adequate to serve the proposed use. 5. Screening, buffering and landscaping with reference to type, dimensions and character. As is required where an exlst~n~ building is tc be enlarged, the landscape plan submitted proposes 5o supplement existing landscaping to meet curren~ standards. The proposed eight foot hedge does not comply with the six foot height limit in the landscape code. However, as discussed in the attached Building Department memorandum, a fence i~ recommended ~n addition to a 4-6 foot hedge ~o provide additional screening of the rear service areas. In addition, roof top mechanical equlpmen% ~s proposed. It ~s recommended that this equipment be adequately screened from public view. Signs and proposed exterior ~ighting, with reference ~o glare, traffic safety, economic effect and compatibility and harmony with adjacent ~nd nearby properties Two freestanding signs identifying the restaurant use are proposed along Federal Highway at the corners of the parcel. These signs do not meet the s~gn code limitations oi one freestanding s~gn per property, located a m~n~mum o~ 10 feet from the property ~ine and cause ~ problem with nraffic visibility at the corner of Castilla Lane and Federal Highway. Regarding lighting, the existing lighting system on both the restaurann parcel and the' office parcel ~s substandard witk respec5~to level of ~llumination and method of activation. However, the minimum lltumination level required by code for parkin~ areas is no~ compatible with the ad~.acenr residential prcpert~es due to glare and the requirement that parking lot lighting be photocell activated to provide continuous illumination from dusk to da~n. At mlnlmumo those light fixtures which abut residential land uses should be shielded to minimlze glare onto adjacent properties. 7. Requlred setbacks and other open spaces. The setbacks and open spaces proposed comply with code. It should be noted that the addition proposed to the existing bank building, a 60 percent Increase in building size, will occur primarily on the east side of the building. This decreases the building separation from the vacant bank to the residence to the east from I04 feet to 65 feet. 8. General compatibility with adjacent properties, and other properties ~n the zoning district. Of the seven land uses within the sub3ect C-1 zoning district, ~bR boundaries of which are ~llustrated on the attached location map, five of them are eX~S~Lg offlce uses 1nclud!ng the vacant ba~k building. The other ~wo land uses are the Women's Club and the International House of Pancakes restaurant; the latter being a legal nonconforming us~. With the exception of the restaurant, Page 3 of ADDENDUM J PM NO. 91-089 -4- May 7, 1991 . the proposed restaurant use is generally not compatible with the established land use pattern, Height of buildings and structures, with reference compatibility and harmony with adjacent and nearby propertIes, and the Clty as a whole AS discussed in the attached memorandum from the Building Department, the height of the new consEructlon exceeds the height limitation of 25 feet for the C-1 zoning district and would requlre a variance to be granted by the Board of Adjustment. If the building height were reduced to 25 feet, the building height would be compatible with the adjacen~ buildings. 10. Economic effects on adjacent properutes and the City as a whole. AS already discussed, glare, noise and odor emanating from this restauranE will negatively impact the surrounding residential neighborhood. It is arguable that the proposed restaurant use, wkich is an intensification of the site ~hen compared to the existing bank use, will have an adverse economic effect not only on the abutting residential parcel ro the eas~, but all the residential properties in close proxzmity to the proposed use Comprehensive Plan Policies: This request, sub]ecE 5o the attached staff comments, is consistent with all relevant policies contained within the 1989 Comprehensive Plan. Factors such as glare, no,se, odor, and traffic, among others, are n~q~ical problems when locating commercial uses adjacent to district, and particularly conditional use designations where certain uses are permitted only after it can be determined that adequate provisions can be made to mitigaue any negative lmpacts, have been established to better address these factors on a case by case basis. Cumulatively the issues discussed in evaluating tkis conditional use and the documents submitted (traffic and pedestrian safety, noise associated with the hours of operation, dumpster no~se and odors, cooking odors, glare, potential problems with monitoring shared parking, building height, intensification of the site and general compatibility with adjacent propert~es; indicate that the proposed restaurant use would not be suitable a~ the location requested. Therefore, the Planning Department recommends that this requesn for conditional use approval be denied If this request is approved, approval should be conditioned upon satisfying the attached staff Tambri ~. Heyd~n tjh Attachments A:BuschsCU xc: Central File Page 4 of ADDENDUM J BUILDING DEPARTMENT MEMOPJ%NDUM NO. 91-165 April 29, 1991 TO: Christopher Cutro, Planning Direcnor THRU: Don Jaeger, Building & Zoning Dlre~tor//~ FROM: Michael B. Maag, Zoning & Site Development Administrator RE: TnB Comments - April 30, 1991 Meeting CONDITIONAL USE - BUS(~H'S SE;LFOOD RESTAUP~%NT (CONVERSION OF AND ADDITION TO BANK BUILDING, PARKING RENOVATION~ND SHARED PARKING STUDY) Upon revlew of the above mentioned pro3ect, ~he following list of commeass must be addressed in order to conform with Boynton Beach City codes: 1. Provide a detailed plan view and full section view drawing of the dumpster enclosure and pad. Identify the type, size and color of the material proposed for the sides of the enclosure. Specify the size and type of all required vertical and horizontal ~tructurai material and components for the enclosure walls and associated pad. Identify the overall height, width and length of the enclosure. Show ten feet (10') clear minimum width of the enclosure opening. Clear opening width must be measured and shown from inside of gate and posh material or meen the Public Works DeparDmen= apecifica51ons for size of compactor enclosure. Where 'gates are proposed, specify the method~ of holding the enclosure gases in the open and closed position. Provide a distinguishable symbol on the plans that clearly identifies the difference between all existing and proposed new construction. 3 4. Show on the plans the type of material, width and slope of the sidewalk leading to the building from the public right-of-way. Show on the plan a typical cross section drawing of the concrete parking lot surface. Specify the following information on the drawing: a) strength of the concre=e, b) thickness, c) type and size and location of the steel reinforcement, d) location of control 3dints and e) condition of the soil below the concrete. specify on the plans the distance from the property line to the northeast corner of the building (Minimum is ~0 feet). Provide a copy of the approved shared parking agreemens. specify on the plans the total number of parking spaces required by the code and provided as allowed by the shared parking agreement. Show on the site plan drawing the handicapped accessible route leading to the entrance of the building from the handicapped parking space(s). Drawing shall include the following information: 11. specify the elevation of the parking space surface a= each handicapped parking space. show and dimension the width )f the 5 feet wide access aisle ~nat is required no be parallel with the length of each handicapped parking space lone aisle may be ~laced between and serve (2) handicapped parkln~ spaces REC£iVED PI-ANNh~G DEPT. Page 1 of ADDENDUM K To: christopher Cutro Re: Busch's Seafood Restaurant, Memo ~ 91-165 Page Two of Four iii. show the required handicapped accessible walkway that l~ads to the entrance of the building from the 5 foot access aisle. Specify and show the following walkway lnformatio~: a) slope for the entire length b) texture of the finish c) total length d) cross slope e) width f] type of material g) location, height, material and configuration of handrail, where required show the location, width, length and elevation of the level platform that is required at the entrance to the building. Show within the plans a typical detail drawing of the handicapped parking space. Drawing must include the following information: 1. show the required number of handicapped parking spaces 11. dimension the width and length ill. show and identify the size, location and configuration of the handicapped pavement markings iv. specify the color blue for the pavement markings v. show the location and identify the he~Ght of the handicapped parking s~gnage (7 foot from grade to the bottom of the sign) Show within the plans a typical detail drawing of a regular parking space. Drawing must include the following information: 10. 11. i. specify the length and width 11. show the size and configuration of the pavement markings ill. specify the color of the pavement markings (white for asphalt, black for concrete) iv. location of wheel stop or concrete curb The hei]ht of 30 feet 6 inches of new construction exceeds the height limitation of 25 feet for C-1 Zonlng and would require a variance approved by the Board of Adjustment. Show on the elevation view drawing the location, width, height and color of the canopies identified on the site plan. Specify the distance from the property line to the leading edge of all canopies. ~Mlnimum front setback is 30 feet) 12. The outline, configuration and material shown and identified on the project drawing(s) s~bmitted with the plan(s) for final s~gn-off shall match in every respect the colored drawing(s) approved by the City Commission during the approval process of the project. The color oi each exterior finish material shown on the final sign-off plans shall be identified by name, color number and manufacturer's name which shall match in every respect with the color(s) show~ on the drawing(s) approved by the City Commission. A manufacturer's color chart showing and identifying all mpproved color(s] shall be submitted with the plans for final sign-off. Show on the plans the freestanding slgns meeting the minimum setback of ten (10~ feet from property line to the closest surface of t~e sign Page 2 of ADDENDUM To: He: Page 14. 15. 16. 17. 20. 22. 23. 24 25. Christopher cutro Busch's Seafood Restaurant, Memo ~ 91-165 Three of Four Show on the plana the appropriate number of freestanding $1gnsjmaximum allowed per site ~s one (1) sign. When a sign is located at an intersection of two (2) public right-of-ways a thirty-five (35) foot cross visibility triangle shall be established at the corner. The vertical space between thirty ~30) inches and six (6) feet within the triangle area shall be clear of slgnage. Specify on the plans the color and size of the type "D" sign (Maximum size of wall signage is one and one-half (1-1/2) square feet area for each one (1) foot of lineal building frontage). The landscape plan should show a plant directory, indicating the total number, species, spacing and height of all landscape material. All .specifications must comply with the Landscape Code. Include the percent of native species, 50 % is the minimum native' species percent. State on the plans that the landscape material will be irrigated with an automatic water supply system. Specify the water supply source. Dimension the width and length of all landscape strips, areas and islands. Indicate location, type, size and spacing of accent shrub landscape material required around three (3) sides of the dumpster. Show unobstructed cross visibility area and space through the required site perimeter landscape strips at both sides of all ingress and egress driveways. The cross visibility area and space is shown by placing and dimensioning on the site landscape plan a ten foot (10') isosceles triangle. The point where both ten foot (10') legs ]oin shall be placed on the property line at the edge of the ingress/egress with one leg extending along the propeFry line and the other leg along the edge of the ingress/egress with the remainder of the triangle being a line across the landscaped area connecting the end of each ten foot (10') leg. The vertical space between thirty inches (30") [above the adjacent pavement surface] and six feet (6'] within the triangle area shall be clear of landscape material. Show unobstructed cross visibility area and space at the intersection of U.S. Highway #1 and Southeast llth Avenue. The cross visibility area and space is sho~l by placing and dimensioning on the site landscape plan a thirty-five (35) foot isosceles triangle. The point where the two (2) equal sides connect shall be placed where the ultimate width of the right-of-ways intersect each other. Both equal sides shall extend from the intersecting point thirty-five (35) feet along each right-of-way. The third side of the triangle shall be a line that connects the end of each thirty-five (35) feet side. The vertical space between thirty inches 130") [above the adjacent pavement surface] and six feet (6') within the triangle area shall be clear of landscape material specify type of mulch material to be used and it's thickness when laid. Specify type and location of the sod to be used. Delineate une exuen~ ~f sod for the entire site. Provide a solid continuous screen or barrier preferably hedge material [o screen vehicular use area from right-of-ways and abutting property. Page 3 of DNDDENDUM t{ TO: Christopher cutro Re: Busch'a Seafood Restaurant, Memo # 91-165 Page Four of Four 27. I recommend that all roof top mechanical equipment be adequately screened from public view. specify on the elevation view drawing the elevations of the roof and the top of the parapet wall. I recommend that the rear service area be shielded from view with a solid six foot (6') high fence designed and finished to match the building, · / .~Ki~h~ek E. Haag l~:ald BUSCH'S.SDD Page 4 of ADDENDUM K 80. 91.-.069C~ May 2. 1991 TO: FROM: RE: Chris=opher Cutro Director of Planning Vincent A. Finizio Administrative Coordinator of Engineering In accordance with the City of Boynton Beach, Florida, Code of Ordinances, specifically Chapter 19, Section 19-17, "Plan Required (Sit~ Pla~ Review Process)", including Chapter 5, Article X, "Boynton Beach ParkingLot ReBulations" inclusive, the applicant roi the above referenced project shall submit the following informa- tion, technical data and plan revisions: The applicant shall provide handica[ stall construction details in compliance with the Department on Commumity ~ffairs, latest edition, Accessibility Requirements Manual in accordance with Section 5-142(k), "Haudicap Improvements". The applicant shall provide a stormwater drainage system and associated percola- lion test data, including drainage calculations for this site in accordance with Section 5-142(f), "Required Drainage". Construction details shall be submitted for ail ~rainage constructiom. Section 5-t42(g), "Parking Lot Construction". The existing lighting system is inadequate for the following reasons: a) The lighting system currentlyus~s incandescent bulbs which are not energy efficient. The Code of Ordinances requires energy efficient fixtures such as high pressure sodium, low pressure sodium amd/or metal halide. Section 5-142(a), "Required Lighting"and Section 5-142(g), "Lighting Standards". The applicant shall submit a lighting plan utilizing energy efficent fixtures which shall illuminate the parki~g facility lm accordance ~with the requirements set forth zn Section 5-142(a), Required L~bting and Section 5-142(g), "Lighting Standards". NOTE: The lightimg system shall be photo cell activated in accordance with Section 5-142(g), "Lighting Standards"'inclusive. The swale area within the adjacent public rights-of-way to the north of this facility shall be constructed, sodded and fully irrigated in accordance with the City of Boynton Beach Engineering Department standards and specifications for sodded swales within the public rights-of-way. Install "No Parking" signs. The applicant shall submit dimensions and elevations for the proposed parking facility in accordance with Section 5-142(g),"Parking Lot Constr~ction", Constructiom Standards and Section 19-17(k), "Required Engineering and Technical Data" The applicant shall submi~ ~ striping d~tail, including internal directional arrows, stop bars and stop signs im accordance with Section 5-142(c), "Traffic Control Devices" and Section 5-142(1), "Parking Lot Striping", including Section 5-142(g), "Striping Standards". There exists a conflict between the civil drawings and the architectual drawings relative =o the number of available parking stalls. Resolve all plan conflicts. The applicant shall continue the interrupted concrete pedestrian sidewalk along Federal Highway (at the Banyon tree) around the subject tree along private proper~y in order to provide contimuous pedestrian access siguated within the public rights-of-way, RECEIVED ~A¥ 3 ~ PLANNING DEPT. con't ..... Page 1 of ADDENDUM L In accordance with Section 5-138, "Scope". Section 5-138(a), "Scope", "When a parking lot serves an existing building(s) where said building(s) is proposed to be enlarged or when an additi~nai building(s) is proposed to be constructed", constitutesa triggering mechanism in Article X, "Parking Lots" which compels the developer of this project to improve the entire parkinE facility to comply with curren: Code requirements. The operazive word "serves", stated within Subsection 5-138(a). indicates the triggering mechanism is intended to provide an increased degree of safety to protect the health and welfare of the general public visiting this restaurant. The Engineering Department, for the City of Boynton Beach, visited this Site during the aveninghours of May 1, 1991 and have determined that the lightinglevets fall far below that which ls required by our Code, therefore the iapplicant shall be responsible to upgrad~ the entire facility relative to lighting and stormwater m~nagement, as visitors to this restau=ant will in all li~elihoo~ use all parking stalls during peak business site, appears to include three exfiltrati~n trenches. The trench on the north side of the existing lot will require the installation ora weir structure up properly. The Engineering Department also recommends the 3 exlstin8 trenches be cleaned by the applicant during s~te con,tractiOn of the adjacent parking lot. applicant must-provide a copy of the associated percolation tes~ data and location thereof, including calculations for each drainage ~asin for the exfiltration trenches to be provided. The site must contain ~ three (3) year - twenty-four (24) hour storm and not a three (3) year - one (1) hour s~orm as re£erenced in the calculations provided by the applicant (minimum parking lot e~avations above three ~..year - twenty-four hour elevations). The pro~o~eR d~ainage sysZem depicts storm- water inlet structures in the center of an effiltration trench which dead-ends either side of the structure, makin~ it nearly impossible to ~emove debris from the terminal ends of the subject trench. The applicant should revise the trench Administrative Coordinator of Engineering City Engineer Gee & Jenson Engineers, Architects: Planners, Inc. cc: J. Scott Miller, City Manager // Page 2 of ADDENDUM L PLA3~NING DEPARTMBNT MEMOPJ%NDUM NO. 91-092 Chairman and Members Planning and Zoning Board christopher Cutrc. A.I.C.P. Planning Dzrec~or Tambri J. Heyden Senior City Planner May 8, 1991 Busch's Seafood Restaurant - File No. 587 Conditional Use Please be advised of the following Planning Depar~meno commenss with respect to the above-referenced request: If this conditional use is approved, the draft cross access/cross parking agreement submitted will be forwarded to the City Attormey's office for review. This agreemen5 must be recorded prior to receiving final s~gn-off. Add parking space totals, square footage totals and required parking calculations to the plans submitted to correspond with the information provided in the shared parking study. Verify that 124 parking spaces are provided (there is a discrepancy in ~e numbers). The wes%em-most driveway onto Castilla Lane does no5 meet code because bt is no~ located a m~nlmum of 30 feet from the ~n~ersecslng rights-of way lines of Castilla Lane a~d Federal Highway. This driveway must be relocated or a parkin~ lot variance must be applied for through this department and granted, chapter 5, Article X, Section 5-142[h1(3). Provide dimensions on the access aisles, landscape strips, building setbacks and sign location. It appears that the access aisles to the rear of the buildin9 on the office parcel are Less than the required r~o-way width of 20 feet and therefore, must be widened. ChapEer 5, Article X, sectlon 5-142(h)(1). Provide graphic scales on all drawings. S~te plan application~ page 5, ztem #2 It is recommended that the parking lot lighting be shielded froN the adjacent residences on both the resEauran~ and office parcels. Appendix A, Section 4.N.7. A sep~rase s~te plan application zs required for the lmprovemenEs referenced by the "this area to be revised" note on the plans and for those improvemenus necessary %o upgrade the office parcel which is serving the restaurant parcel with parking. Chapter 5, Article X, Section 5-138(a). In reviewlng the shared parking study provided, the office parcel requires 100 parkin~ spaces and the restaurant requires 70 spaces. The peak parking demand for the ~wo sites, overlapping each individual peak, occurs between 1:30 P.M to 4:00 P.M. Quantltatzve evidence has been provided res~auranE Idinner only), that aE the peak parking demand there is adequate parkinG, including a 10% buffer, Appendix tjh A:BuschsMe ADDENDUM M STATEMENT BY MR. ELDON PIERCE RE: APPLICATION #587 Chairman Rosenstock, Members of the Planning and Zoning Commission, Ladies and Gentlemen: Thank you for permitting me to speak with you this evening. My name is Eldon Pierce. My wife, June and I reside at 651 Castilla Lane, where we have lived for more than 12 years. June and I earnestly request and we urge you to deny the request of Mr. and Mrs. Lambrakis and Mr. Livingston to allow a change from a small, quiet office building into a big bar and restaurant that will make noise and traffic an a residential neighborhood into the wee hours of the night. It is my understanding that, with the adoption of our City's Comprehensive Plan less than two years ago, all development undertaken by and all actions taken in regard to development, must be consistent with the Boynton Beach Comprehensive Plan. The Lambrakis/Craig Livingston Application #587 at 1120 S. Federal Highway on the South East corner of Castilla Lane, is clearly inconsistent and in glaring conflict with the stated Goals, Objectives, and Policies of our' city's Comprehenive Plan. Among Application ~587 deficiencies and inconsistencies, I cite the following questions about this application in relation to the requirements, Goals, Objectives and Policies of the Plan. Does of'Policy the Plan? Does a 175 seat bar and restaurant meet the requirements 1.16.1 for Office Commercial uses found on p. 27 of We say no, it does not. this applicant meet the requirements in Objective May 14, 1991, page 1. Page 1 of ADDENDUM N 1.17 requiring the City to minimize adverse impacts to property values and to residential environments by preventing or minimizing land use conflicts? We say no. Does this application meet the requirement of Policy 1.17.1 calling for the City to discourage additional commercial uses except where access is greatest and ~mpacts on residential land uses are least? We say no, this application fails. Does this application meet the requirements of Policy 1.17.5 and 1.17.7 calling for buffer walls between residential and commercial districts? We say no. Does this application meet the requirements of Policy 1.17.8 seeking to maintain and improve the character of existing sinqle family and low density neighborhoods by preventing conversion to higher densities? We say no, this application clearly fails these requirements. Does this application meet the requirements of Objective 1.18 and Policy 1.18.1 with regard to on-site vehicular loading areas, and the design and sizing of streets and parking lots to provide the maximum reasonable degree of safety and convenience? And again, we say no, this applicatiuon misses the mark. Already, Castilla Lane is overburdened with parked cars making driving on it hazardous whenever boat dock renters park on our Lane to use their boats. A bar and restaurant will increase the problem by 1,000 percent. We feel compelled to inquire whether the proposed but grossly incomplete and totally unexecuted cross-parking agreemen~ has been compared and analyzed by the City on a line by line May 14, 1991, page 2. Page 2 of ADDENDUM N basis condominium? an extract of with the parking rights of the owners of the office And, why does the applicant's file fail to contain the official minutes of the office condominium owners' meeting clearly evidencing the owners' consent to the cross parking agreement? The applicant's file now contains merely a draft proposal of a cross parking agreement from the owner of the bar and restaurant? Considering that Castilla Lane roadway is only 20. feet wide, does this applicant's proposed use meet requirements of Policy 1.t8.1 with regard to parking lot and street design requirements that meet or exceed design standards used by the Florida Department of Transportation? We say no. Does this application square with the requirements of Policy 1.19.6 and Policy 1.19.7 limiting commercial uses? No, it does not square with these requirements. Does this application meet the requirements of Policy 1.20.1 with regard to drainage facilities and stormwaEer treatment? Clearly, this application does not. Does this application meet the requirements of Policy 2.1.3 and Policy 2.4.5 which mandate that the City identify roadways operating below their level of service and continue to require unobstructed sight lines at driveway/street locations? Obviously, no, it does not. Now, when attempting to pull onto Federal Highway from westbound Castilla Lane, you cannot see northbound Federal Highway traffic without pulling out into the curb lane. Does this application meet the requirements of Policy 2.4.7 May 14, 1991, page 3. Page 3 of ADDENDUM N with regard to access criteria affecting minimum spacing of driveways and requirements for exclusive turning lanes and signalization? No, it does not. Does this application meet the requirements of Policy 3B.1.3 with regard to drainage facilities and first floor elevations set at, or above, the level of the 100 Year Flood Elevation? No, it fails this Policy too. Does this application meet the requirements of Policy 3B.2.10 requiring post development runoff volumes not exceed pre-development runoff volumes when this proposed'redevelopment has a total ~mpervious area coverage of 82.3%? The plans ignore these requirements. Does this application meet the requirements of Policy 3B.4.1 to ensure that new developments are required to manage runoff from a three day 25 year storm? This application is deficient. Does this application meet the requirements of Policy 4.2.3 which mandates that the City shall enforce regulations requiring substantial redevelopment to provide on-site retention of at least the first inch of rainfall? Here is another deficiency. Does this application meet the requirements of Objective 4.7 and Policy 4.7.1 mandating compliance with finished floor flood elevation criteria identified by the Federal Insurance Administration? The architect's plans fail to address these requirements. Objective 7.10 calls and provide for sensitive Coastal Management Area. May for the City to protect, preserve re-use of historic properties in the 14, 1991, page 4. Page 4 of ADDENDUM N In accord with Policy 7.10.3, I assert that the structure now standing at 1120 South Federal Highway is an historic property worthy of preservation. It should not have its historic character destroyed by a re-building that would increase the building's present size by more than 238%. Finally, I urge this Commission to consider some marketplace realities. All of us American taxpayers are paying hundreds of billions of dollars in taxes for the bailout of the Savings and Loan industry by the United States Resolution Trust Corporation. The applicant for this bar and restaurant has not completed the purchase ~f the proposed site. The applicant in this matter signed the conditional sales agreement on Jan. 29, 1991, in a higher mortgage interest rate environment and almost immediately after the Uses in the office commercial zoning districts were amended to include, for the first time, restaurants. The completion of the sale is contingent on zoning approval and a use permit for a restaurant and a bar. By denying zoning approval, it could be that the Resolution Trust Corporation and thus we taxpayers would obtain a better price for this asset, if the property at 1120 South Federal Highway, had wider market exposure and more bidders in today's environment, with its lower mortgage interest rates, than was bid and was obtained last January. With these gross deficiencies, we urge Application denial. Page 5 of ADDENDUM N May 14, 1991, page 5. A pa~ce/ of Ia~ 1yi~J in Section l?, T~sh/p 45 South, Range 43 East, ~ ~c~ at ~ ~t ~er ~r of ~i~ ~7, ~P 45 ~, ~ at~ ~ ~t~ ~t~ 1~ of ~t~ 1~, a ~t~.O~ ~.05 f~t ~ a of ~ A~., a ~st~ of 70.07 f~;-~ ~ ~ ~ of ~ ~ ~.~ ~t~ 49 ~ ~t, ~a 1~ 1y~ ~0.~ f~t ~of ~ ~ 0S ~4g ~ ~t, a ~ of ~4.33 f~t; ~ wl~ a ..... a ~$~of ~ ~ ~ ~ ~ 32 ~ ~, ~tof~. ...: ~-. . ADDENDUM'O PLANNING DEPARTMENT MEMORD-NDUM NO. 91-086 TO: Chairman and Members THRU: Christopher Cutro, A.I.C.P. FROM: Tambri J. Heyden Senior City Planner DATE: May 2, 199! SUBJECT: Shoppes of Boynton - File NO. 586 Parking Lot variance (100 foot throat) Section 5-145(c}(4) of the Code of ordinances requires'that when the Technical Review Hoard must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to he made part of the public hearing proceedings. To that end, this memorandum is forwarded, consistent with section 5-142(c)(4). The VDM Group, Inc., agent for VEE, Ltd., is requestin9 a variance to Section 5-142(h).(5) "Driveway", which states that a minimum distance from the street right-of-way line at any major ingress or egress driveway to any parking stall or to any interior access aisle having direct access to s~ch driveway shall be one hundred (100) feet. The site plan for the shoppes of Boynton was designed and constructed to meet this code requirement at the western-mostdriveway onto N.W. 22md Avenue as shown on attached Exhibit "A". Due'to the high demand to park in the small parking area at the southeast c0~ner of the site (in front of the Ale House), which has limited access and restricted egress, the agent is requesting a variance to construct an interior access aisle, 27 feet from the N.~. 22nd Avenue right-of-way line, to serve the southeast parking area (see Exhibit "B"). For an explanation of the nature imf the-~ariance requested end the variance justification, lplea~e refer t~ the attached "Notice of Public Hearing"and application. On Tuesday, April 30, 1991, the Technioal Review Board (TP~B) met to review the plans and documents submitted and to formulate a recommendation wit~. regard to the varianne requested. After review and dlscusszon, ~he TRE recommended that ~he variance he approved subject to the attached staff %~m~e~ts which includes 1) the installation of traffic s~gns and Z)the cit~ conducting a peak season evaluation of the operation of the shopping center driveways onto N.W. 22n~ Avenue.and the ~equeste~access aisle to determine if .additional ~mpro~ements nee~ to be madeto ~aximize safety. This recommendation is~bas~d in part on Police Departmea%t,observations of a traffic vio~a~ion that is occurring when =ehicles enter the subject~parkimg a=ea as illDstrated on Exhibit "A". Eastboun~ vehicles on N.W. ZE~dAv~'have been Observed crossing over into w~sthound traffic to: enter the subject parking area via the m~dian cut which serves the main shopping center dr~vewa~ (the !o~1~ ~edian c~t in the area) It wasreaiized ~that allowing conStruHti~n Of the re~uested ~ccess aisle w~uld e/iminate this tr~ffiu ~rob~m, however concerns were raised ~egarding new traffic ~robiems tha~ ~ight anise with egress ~rom the subject parkinlg area. S~luticns such as designating the access aisle a!soneswa~h~ad~,ng east'and erecting "No U~turn" s~gns at the end o~ the me~an within the 10O foot "throat' were discussed, but m~ Or ~ay hot De warranted based on the results of the peak seaso~ ~val~ationsmention~preViously. The Technical Review Board's reomme~datlon is mlso based on the fact that parking lot variances to the 100 foo~ requirement were requested for the two main shopping cente= dri%eways ogto Quantum Boulevard during the original ~ite plan approvAtproces~. The access aisle on the north side of Quantum Houle~ard was'denied, Page 1 of ADDENDUM P TO: SUBJ: DATE: PLANNING DEPARTMENT MEMORANDUM NO. 91-086 --2-- Chairman and Members, Planning and Zoning Board Shoppes of Boynton - Parking Lot Variance May 2, 1991 however the access aisle on the south side of Quantum Boulevard was approved. The basis for the current recommendation is similar to the basis for the past approval in that a raised median exists within both driveways which ~limlnates left turn movements for ingress and egress and minimizes vehicle stacking problems. It should be noted that when the original site plan was reviewed hy staff, four small tenant spaces wer~ proposed at the southeast corner of the shopping center building.' Based on this floor plan arrangement, staff did not anticipate a problem with ingress and egress, since the demand ko park in this small parking area would have been minimal. However, slnce the Ale House combined all fourtenann spaces, the ~ame situation which WaS a concern with the Bo!a/tom Lakes Plaza parking lot variance approval for the ac=ess aisle off of the HYPoluxo Road driveway, has occurred at the Shoppes of Boynton. ~ Tambri J. He,den F tjh Attachments A:ShBoyPLV xc: Central File Paqe 2 of ADDENDUM P ENGINEEILING DEPARTi'~NT I'IEMORANDI~I NO. 91-073CC May 3, 1991 TO: FROM: RE: Christopher Cutro Director of Planning Vincent A. Einizio Administrative Coordinator of Engineering TECHNICAL RE~IEW"BOARD COMMENTS M~OPPES OF ROll,TON VARIANCE REQUEST In accordance with the City of Boynton Beach, Florida, Code of Ordinances, specifically Chapter 19, Section 19-17, "Plan Required (Site Plan Review Process)", including Chapter 5, Article X, "Boynton Beach Parking Lot Regulations" inclusive, the applicant for the above referenced project shall submit the following informa- tion, technical data and plan revisions: The Engineering Department, for the City of Boynton Beach, favorably recommends approval of the above referenced variance conditioned upon the following: a) Wrong way traffic signs shall be placed along the north rights-of-way of N.W. 22nd Avenue, facing in a westerly direction. The signs shall be placed along the north swale line and also in the median traffic separator. b) Advisory signage and regulatory signage shall be placed at the western newly proposed ingress/egress to indicate the circulation pattern addressed during the Technical Review Board meeting with the Police Department, Planning Department and Engineering Department. The traffic circulation being right in and right out will be evaluated during the peak season in order to determine the efficiency of this circulation pattern. Should the Police, Planning and Engineering Departments feel that this circulation pattern is inefficient, the traffic pattern will be right in, one way east exiting out onto N.W. 22nd Avenue at the southeastern most corner of the subjlect property. Section 19-21, "Vehicular Safety" and Section 5-142(c), "Traffic Control". intent A. Finizio ~ ~ Administrative Coordinator of~A~gineering WRS:VAF/ck W. Richard Staudinger, P.E. City Engineer Gee & Jenson Engineers, Architects, Planners, Inc. cc: J. Scott Miller, City Manager RECEIVED AD~)ENDUM Q