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Minutes 02-12-91
MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 12, 1991 AT 7:30 P.M. PRESENT Maurice Rosenstock, Chairman Gary Lehne=tz, Vice Chairman Jose' Aguita Nathan Collins Cynthia Greenhouse Daniel Richter David Beasley, Alternate (Voting) William Cwynar, Alternate ABSENT Murray Howard (Excused) Chris Cutro, Director of Planning Tambri Heyden, Assistant City Planner Jorge Gonzalez, Assistant City Planner James Cherof, City Attorney Chairman Rosenstock called the meeting to order at 7:30 P.M. After the Pledge of Allegiance to the Flag, he recognized the presence in the audience of Commissioner Arline Weiner, Marina Haberman, member of the Code Enforcement Board, and George Davis, member of the Community Appearance Board. AGENDA APPROVAL The Agenda was accepted as prepared. APPROVAL OF MINUTES Dan Richter moved to approve the Minutes of the regular meeting on January 8, 1991 as prepared. Vice Chairman Lehnertz seconded the motion which carried 7-0. Vice Chairman Lehnertz moved to approve the Minutes of special meeting on December 18, 1991 as prepared. Mr. Collins seconded the motion which carried 7-0. the Dan Richter moved to approve the Minutes of the special meeting on December 20, 1991 as prepared. Mr. Aguila seconded the motion which carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS None. OLD BUSINESS None. - 1 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 NEW BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Location: Legal Description: Description: Agnello 214 N.W. None Michael 214 Building 3rd Street H. Agnello & Angelo A. 3rd Street Agnello South 70.52 feet of Lots 1 to 4 inc., Blk. 2, Boynton Heights Add. Revised Plat Request for parking lot variances to Sec. 5-142 (i)(1) "Parking Lot Layout" City Standards of Article X; Sec. 5-142 (i)(2) "Parking Lot Layout" of Article X; Sec. 5-142(f) "Drainage" of Article X; and Sec. 5-142(h)(3) "Drive- way" of Article X Ms. Heyden outlined the contents of the Planning Department's Memorandum No. 91-023 (Addendum A attached to the original copy of these Minutes in the Office of the City Clerk). The applicants are the owners of the building located at 214 N.W. 3rd Street. This is an existing residen- tial building which the owners wish to convert to a commer- cial use. The applicants also own the commercial building located at 332 Boynton Beach Blvd. Conversion of the resi- dential building to a commercial use is a change in occu- pancy which requires that a parking lot, meeting current standards, be provided. The owners wish to retain the existing parking area layout, drainage, and driveways without making any improvements. Ms. Heyden explained why the Technical Review Board (TRB) recommended denial of all four variances and why this was believed to be a self-imposed hardship. The TRB believed there were other alternatives which the applicant should explore such as extension of the parking lot to the east or the purchase or lease of vacant property in the area for remote parking. The following staff comments were submitted: Building Department, (Michael Haag, Zoning & Site Development Administrator) "I recommend denial of all three parking Approval of the variances will create an vehicle and pedestrian use. lot variances. unsafe site for MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 I strongly recommend denial of the variances that, if approved, would allow a handicapped parking space to be partially located in the right-of-way and, therefore, compel the user of the space to travel behind parked vehicles and in the right-of-way to get to the entrance of the building." Police Department "1. Allow parallel parking only along N.W. 3rd Street if parking to the rear of the residence is not feasible. (Public Safety) 2. Eliminate the back up space in the front of the building that backs omto Boynton Beach Blvd. (Public Safety~ 3. Parking lot lighting to be pole mount, photocell activated, perimeter lighting. (City Ord. 5-142A) 4. Allow curb cut along N.W. 3rd St. only if parking to the rear is not feasible. If parking to the rear is feasible, this curb cut should be closed. (Public Safety)" Engineering Department See Engineering Memorandum No. 91-025CC and Engineering Memorandum dated January 28, 1991 to the Director of Planning. Both Memorandums are attached to the original copy of these Minutes in the City Clerk's office and are labeled Addendum B. Community Improvement Department Johnnetta Broomfield, Director of Community Improvement's Memorandum dated February 1, 1991 is attached to the origi- nal copy of these Minutes in the City Clerk's office and is labeled Addendum C. There were remarks about the fact that the parking lot was sealcoated, asphalt was added, and the lot restriped some months back. The request for variance was later submitted. Vincent Finizio, Administrative Coordinator of Engineering, believed the applicant had exceeded the scope of the permit at that time. City Attorney Cherof reminded the Chairman that was not the issue which was before the Board. Attorney Dennis Koehler was present to represent the appli- cant. A memorandum to City Attorney Cherof, dated February 12, 1991, with attachments, was made available to the Board members. Attorney Koehler believed a problem exists with Boynton Beach's Zoning Code in that there is no clear juris- dictional lines indicating when parking variances should go to the Planning & Zoning Board and when they should go to the Board of Adjustment. - 3 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Attorney Koehler pointed out that the entire tract which had been purchased by the Agnello family about 4 years ago, had been zoned C-2 for about 40 years. Building A (214 N.W. 3rd St.), although it has been zoned commercial, has been used as a residential structure until the autumn of 1990 when the Agnellos decided to make a change. The non-conforming use would be replaced by a conforming use, namely, professional offices. The history of Building A was explained. The parking lot regulations, Section 5-138 (b) and (c) were re~erred to. Attorney Koehler believed it would be incon- sistent to grandfather in a~ non-conforming structure, but not extend the same privilege to the facilities that support the structure, namely, the parking facilities. He believed this parking lot ordinance would apply when parking lots are constructed or reconstructed. It does not a~dress a situation like this where you have a non-conforming use being replaced by a conforming use. Chairman Rosenstock asked Attorney Koehler if he had done any research into case law involving this point. A building of non-conforming use is now go%ng to be made to conform with the Code. The Chairman understood that if there is any change whatsoever in the ushare of a building, in most cases they must now comply with the new Code, requiring a certain amount of parking. Attorne~y Koehler stated he had done no legal research into the cas~ law on this point and he would like to take the time to do that research. Dan Richter asked when the C-2 zoning became effective in that area. Attorney Koehl~r believed the C-2 zoning was imposed sometime after the structure was built. Mr. Richter noted if C-2 came in after the house was built, then the C-2 zoning made the house non-conforming. Attorney Koehler agreed. Remarks were made about the change in occupancy which is proposed. Mrs. Greenhouse referred to Section 5-138 which indicates these regulations shall apply when a change in building occupancy occurs. Attorney Koehler pointed out the structures and parking facilities were there when his client purchased the property. He did not believe his client had created the hardship. Attorney Koehler commented on options that had been brought up as a means to add the two parking spaces. Photographs of the parking situation were viewed. Chairman Rosenstock commented about the parking lot which had been built in violation of the permit which had been issued by the City. Parking spaces had been built above and beyond what was permitted by the City. Three parking spaces had existed parallel to the front of the building and three existed on 3rd St., adjoining Boynton Beach Blvd. The MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 applicant had added, beyond the permit, another three spaces. He also added a space perpendicular to the front of the building on the east side of the building where the driver has to back out onto Boynton Beach Blvd. The Chairman understood that was not the issue at this time, but he asked if the City allows six parking spaces along the front and side of this building, how far out of compliance would the owner be? Relative to the non-conforming spaces presently at the side of the building, Chris Cutro, Planning Director responded that none of them ~oniorm. The length of ~he spaces does not meet the minimum requirements ~nder the existing Code. Attorney Koe~ler asked if ~t was reas0nable to require the property owner to totall~ redesign and reconstruct all of the parking spaces that support a structure for which he is making no ~h~sica% alterat~ns. He thought it would be excessive to require him~o redo all of the parking. Vice Chairman Lehn~rtz remind~ Attorney Koe~ler there had been substantial improvement t~ %he parking which was essen- tially illegal. Reference was.m~de to the owner having taken a swale area and p~v~n~ 9ver it, making it impervious. Vice Chairman Lehnertz t~ought the owner should go back and undo what had taken plac~ and~-th~n come back before the Board. The Chairman referred to lawn which exists on the east side of the residence. He asked if the Agnellos would object to making any part of that a parking lot. Attorney Koehler indicated his client did not want to do that. Although the property to the east is owned by his client, it is leased ~or two years to a dentist. Chris Cutro interjected he had been informed by City Attorney Cherof that the City does not have the ability to force Mr. Agnello to take access to the back of the property by way or.that property. Discussion took place about another possibility where a building overhang could be removed, thereby allowing a narrow 12' wide lane to be expanded to two-way traffic bet- ween the buildings. A parking lot could be constructed behind both Building A and Building B. Mrs. Greenhouse repeated the fact that Boynton Beach's Code states when there's a change in occupancy, the City is able to require the parking lot to be brought up to Code. Reference was made to comments ~rom the Community Improvement Dept. which indicate that on Boynton Beach Blvd. in particular, the City is attgmpting to have parking in the rear of all commercial establishments in an effort to green- belt the entranceway to the City and beautify it. Attorney Koehler asked the City Attorney if a person was not coming - 5 - MINUTES - PLA~NING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 in and seeking redevelopment, rezoning or site plan appro- val, would the City have the power to simply say, create green space and provide a solution to the parking. Attorney Koehler didn't think the City had the power to do that, although he had not researched the point. It sounded like something that would require eminent domain taking and some compensation to his client for the loss of the business value. City Attorney Cherof responded that absent of tr.iggering activities such as a change in occupancy, the answer would probably be no, but that was not the situation in this instance. chairman Rosenstock asked if there was any input from the public. As there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Mr. Angelo Agnello, 4012 Shelldrake Lane, Boynton Beach, was concerned that statements made concerning the restriping and resurfacing of the parking lot might somehow prejudice the situation. Chairman Rosenstock assured Mr. Agnello it would not. Mr. Agnello stated those things were done to improve the appearance of the property, before he had any intention of changing the use of the property. Discussion ensued and City Attorney Cherof reminded the Board again that the issue of restriping and resur~acing of the lot was not an issue at this time. Chairman Ro~enstock stressed the Board had no riqht to take into account what was done or not done with regard to that permit a~d the parking spaces that were created. Mr. Agnello referred to two parking spaces that exist as you pull into the site and two spots that are parallel on the road which are really in the easement. Those spaces will continue to be used if the property is changed to commercial use. There would really be no change in that respect. Mrs. Greenhouse referred to the property at the rear of the site which could be utilized for about 6 to 8 parking spaces. Mr. Agnello didn't think there was any feasible way to get behind the building. Mr. Agnello didn't believe he had the right to use the dental office property as a drive- way to get into the other property. Richard Staudinger, P.E., Gee & Jenson, stated that because EngineerIng was not recommending approval of the variances, several options were suggested which could be explored. One option related to the area east of the building. They didn't have the benefit of the adjacent lease at that time to understand whether access could come from the east or from the west It looked like pgssibly some access from the south might b~ worked out. He d~dn't know whether that would involve a reconfiguration of the building or the landscaping. Mr. Staudinger was very uncomfortable with MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 what was proposed. Another recommendation related to off site parking that might be availabl~ across the street or nearby. Mr. Staudinger drove through the area on the south side of Boynton Beach Blvd. and the businesses have provided new parking lots or some type of adequate parking. The parking proposed for this facility is considerably substan- dard from that in the area. Attorney Koehler summarized his clients' position and con- tended that to try and solve these problems was an economic hardship that is the ~esult of a problem that was not of his clients' own making. He repeated that his client was simply trying to replace a non-conforming use with a conforming use. If the City denies the variances, the owner will be forced to discontinue use or return to the old nonconforming use. They will be forced to either incur substantial ex- pense for off site parking or they will have to pursue the demolition alternative. Discussion took place among the Board members and various opinions were expressed. Mr. Richter was uncomfortable with any type of street parking in this area or backing out onto the street. If the City were to grant such a variance and an automobile accident occurred, he wondered what kind of liability position that would put the City in. Motion Mrs. Greenhouse moved that the request for all variances, as set forth in Agenda item 7.A.l., be denied. Vice Chairman Lehnertz seconded the motion. Vice Chairman Lehnertz remarked that he too had a problem with backing out onto the street. He also had a problem with the fact that the drainage from the parking area goes straight into the storm sewers. The EPA had recently spe- cified that this County is going to have to start treating storm water before it goes into the Intracoastal because of the large amount of automobile pollutants that come from storm water runoff. This situation would aggravate the problem. Chairman Rosenstock called for a vote on the motion. The motion carried 7-0. The variances were unanimously DENIED. ABANDONMENT 2. Project Name: Old Boynton Road Agent: Atty. Raymond J. Posgay Owners: Dominic Palombo~ Francis A. & Mildred S. Astorino; James W. Hart & Joanne Hart; Estate of R. Marshall Brown, 7 MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Location: Legal Description: Description: deceased; Gretchen F. Brown; Adience Equities, Inc., Florida Power & Light Company; and Merle N. Jacobs & Carol A. Jacobs Boynton Beach Boulevard at Old Boynton Road, northeast corner See Addendum D attached to original copy of these Minutes in the Office of the City Clerk Request for the abandonment of the unimproved portion of Old Boynton Road between ~oynton Beach Boulevard and realigned Old Boynton Road Ms. Heyden made the presentation and pointed out an updated letter dated February 8, 1991 had been received from FPL. The new letter clarifies that FPL does not have a problem with this request. FPL is a co-petitioner since they are an abutting property owner, who will be taking title to the north 15' of this right-of-way, if abandoned. The underground feeder and the overhead lines are located within the north 15' that FPL will take possession of. Therefore, it is possible that FPL's utilities will not need to be relocated. In the event that FPL sells this portion of the right-of-way to the owners of Parcel 1, who will take possession of the south 50' if this is approved, the owners of Parcel 1 will either have to grant easements to FPL or pay for the cost to relocate FPL's facilities which will most likely be tacked onto the purchase price. Staff's recommendation is for approval, subject to the 10' easement being dedicated to the City as per the Utilities Dept. memorandum and the applicant bearing the cost of any reloca- 5ion of Comcast facilities that may be necessary. Following are staff comments: Planning Department See Addendum E attached to original copy of these Minutes in the Office of the City Clerk. Utilities Department "We reviewed the site in question, and there is an existing water main running along the north right-of-way line of State Road 804 which will be on private property after the abandonment. Please inform the applicant's attorney that a utility easement must be provided along the southernmost 10' of the proposed parcel to address the problem. If you have any questions, please contact Mr. Mike Kazunas at 738-7460." - 8 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Engineering Department "Reference attached memo to Planning Director, Engineering D~Pt. recommends denial until such time as the applicant executes (if possible) agreements w/ Comcast for funding of relocation and receipt of approval (if possible) from F.P.L. relative to the substation feeder & aerial lines." Also, see Engineering memorandum dated January 10, 1991 to the Director of Planning. This memo is labeled Addendum F and is attached to the original copy of these Minutes in the City Clerk's office. FPL See FPL letter to Tambri Heyden dated February 8, 1991. The letter is labeled Addendum G and is attached to the original copy of these Minutes in the City Clerk's office. As noted by Ms. Heyden earlier, this letter replaces an FPL letter dated January 3, 1991. Comcast Cablevision, West Palm Beach, FL "Comcast Cablevision has no objection in the street abandon- ment. However, should we have to relocate any of our exist- lng facilities, you will be responsible for the full cost of the relocation. Please call me if there are any questions." The letter was signed by Dominique Aumais, Construction Coordinator. Florida Public Utilities Company "In reply to your letter of December 17, 1990, we wish to advise that Florida Public Utilities Company has no objec- tion to the abandonment of that portion of Old Boynton Road lying between State Road 804 and 'New' Old Boynton Road as shown on the drawing and legal description prepared by O'Brien, Suiter, O'Brien, Inc." Southern Bell "Based upon the information provided, please accept this document as Southern Bell's letter of no objection to the above referenced abandonment. Should you have any questions, please contact me at 837-9061." The letter was signed by C. J. Lonsdale, Engineer. The question was raised as to whether the City should be involved in the abandonment of a County right-of-way. City Attorney Ch erof explained the County Ordinance requires approval by the City. MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Attorney Raymond Posgay, was present to represent the com- bined petitioners, namely, Dr. and Mrs. Jacobs, FPL and a number of people that purchased that small triangular parcel about 11 years ago. Mr. Duane West of FPL was present with a map showing what trunk lines are located there from the feeder station which falls on a portion of the property that FPL would acquire if the County approves abandonment. Attorney Posgay indicated this is kind of a hybrid request because the County Ordinance requires City consent even though the right-of-way belongs to the County. One member raised a question as to what the triangular parcel will be used for. It was noted that the Planning Dept. had made suggestions in that regard, but that was not before the Board at this time. Chairman Rosenstock asked if the City had any right to demand remuneration. Attorney Posgay replied the City does not own the right-of-way. The County owns it. The City was not being asked to abandon the right-of-way, but was being asked to consent to the abandonment request that would go to the County, if approved. City Attorney Cherof indicated the City does not have any right to demand remuneration. This is basically a ministerial task. Mr. West explained the policy of FPL in installing facili- ties typically is to acquire easements. He didn't know why they didn't put it on FPL's property, but the facility that was placed within the Old Boyn~on Rd. area was placed within 3' of the FPL property line. It is just immediately inside and is what they call an underground feeder distribution system. There are three cables buried about 42" in the ground. They have been there a number of years and may have to be relocated. In the event any development occurred on the property, that would require the owners of the triangu- lar parcel to the south and FPL to join together in a sale, and the application for development of the property would have to come before the Board at a later date. Mr. West elaborated on how the facilities could exist as they are, so long as building structures are not on top of them. Mr. West noted if there are abandonments and there are FPL facilities in the ground, the abandonment does not preclude FPL's rights for having those facilities there. In this instance, as he understands it, everything FPL has in the ground will be property of FPL, if abandoned. Vince Finizio, Administrative Coordinator of Engineering, read from the Code, Section 22-38. He understood the County wanted City approval, but to lessen the burden of the PZB hearing matters like this, he believed it was the County's obligation to seek the abandonment procedure by notifying the City of the proposed abandonment or requesting if the - 10 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 City has any easements that it needs, rather than bringing it before the PZB and trying to abandon a piece of property that the City doesn't own. Mr. Finizio understood it could be done by City Commission Resolution. City Attorney Cherof indicated it could also be done by PZB recommendation. Chris Cutro, Planning Director pointed out the applicant was three-quarters of the way through the process. He recom- mended they allow this to continue and then consider altering the procedure so that in the future, cases don't Nave to be handled like this. City Attorney Cherof said that would be fine. Vice Chairman Lehnertz asked i~ there were Comcast facilities on t~e property. Attorney Posgay did not know of any there presently. The question was raised as to whether there was any problem with the City's right-of-way to the water main. Attorney Posgay responded there was no problem with the easeme~t~n the south corner. Mr. Cwynar requested that in the future, before letters are sent out to various utilities, a list of people authorized to respond be obtained. That could have eliminated some of the confusion that occurred in t~is case. Mr. Cutro said he would do that in. concert w~th Vince Finizio. Right now Mr. Finizio is responsible for .sending those letters out. Mro Cutro agreed such a list should t~e kept up-to-date. The Chairman and Mr. Cutro thought it was a good suggestion. As there was no ~urther input from the audience, THE PUBLIC HEARING WAS CLOSED. Motion Mr. Richter moved that the Board recommend the City Commission make a Resolution to approve the request for abandonment of the unimproved portion of Old Boynton Rd. between Boynton Beach Blvd. and realigned Old Boynton Rd. Mr. Aguila seconded the motion. There was brief discussion and Mr. Richter amended, the motion to include Mr. Guidry's request for the 10' easement. Mr. Aguila was agreeable to the amendment. The motion carried 7-0. B. SITE PLANS NEW SITE PLANS Project Name: Agent: Owner: Location: Hayes-Mack Insurance Building George C. Davis, Architect Warren S. Mack, Sr. South Seacrest Blvd. at Gulfstream Blvd., northeast corner - 11 - MINUTES PLAIqNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Legal Description: Description: See Addendum H attached to the original copy of these Minutes in the City Clerk's office. Request for site plan approval to construct a one story, 3,920 square foot office building on .48 acres Jorge Gonzalez, Assistant City Planner made the presen- tation. He explained the property has approximately 140' of frontage along Seacrest Blvd. and 15 of frontage along Gulfstream Blvd. Access to the parcel is from a two-way driveway onto Gulfstream Blvd, and a two-way driveway limited to r~ght turn only o~to Seacrest Blvd. The driveway onto Seacrest Blvd. received a parkin,g lot variance from the PZB in ©ctober, 1990 because the driveway is w~thin 180' of the intersecting right-Of-way lines o~ Seacrest and Gulfstream~Blvds. The Tight turn only limitation was imposed'as a result of ~he recC~mm~nda~ion from the Police Dept. at the time of t~ parki~ lot variance. An applica- tion for a parking lot ~aria~e f~r the driveway onto G~lfstr~a~ Blvd. will ~6me De~Drei,thS PZB on March 12, 1991. T~t~91~ay is also w~thih ~Sp~' ~f the intersecting right- Of-way t~es. The TRB recomm~ded approval, subject to the f~llow~ng staff comments: B~ilding ~epartment See Addendum I attached to the original copy of these Minutes in the City Clerk's office. Engineering Department See Addendum J attached to the original copy of these Minutes in the City Clerk's office. Utilities Department "1. Provide 6" cleanouts on the sanitary services at the property lineo 2. Show locations of water mains and sewer lines on sheet 1 of 8. 3. Irrigation is to be supplied by City water." Police Department (Lt. Dale S. Hammack) ". .I am recommending the following: 1. No Left Turn signs at exits (City Ord. ~5-142C) 2. Comply with the Construction Security Ordinance. (~5-8G)" 12 - MINUTES - PLANNING & ZONING BOARD MEETING BOYi~TON BEACH, FLORIDA FEBRUARY 12, 1991 Public Works Department "Change dumpster location if at all possible so that it can be approached from the west. Also, be advised that if gates are to be used on this enclosure, they must be open at time of pick up." Planning Department '~1. Add a graphic scale to all plans/drawings submitted. (Site plan application, page 5, item 2 ) 2. The dumpster location shown in the site plan does not correspond with the dumpster location shown in the site drainage plan. Revise the plane accordingly." Forester/Environmentalist "The set of plans in review do not contain a landscape plan. The previously submitted landscape plan may be used, although earlier comments have not been addressed at this date.~' Mr. Richter took issue with the staff comment from the Public Works Dept. He pointed out that if the dumpster is moved as recommended~ (except for the setback), it would be right up against the residence. He believed it should remain as shown on the drawings. There was discussion about the location being somewhat difficult for the trucks to access. Mr. Cutro pointed out the recommendation stated, "if at all possible." He believed that was something George Davis could explore with the Sanitation Dept. when he brings the plan in for final approval. Mr. Aguila questioned why Mr. Guidry's memo recommended irrigation be supplied by City water, rather than a well. Mr. Cutro indicated they would have to check on that point as he suspected there may have been a "typo. Mrs. Greenhouse remarked on the absence of a photo metric plan depicting illumination levels. Frequently, other items such as landscape and drainage plans are not complete when plans come before the PZB and she was concerned about having to follow up on unmet areas later. Mr. Cutro responded there was a lighting plan in this set of plans, although there were no photo metrics. Based on the notes placed on the plans, the plans have to meet the standards. Those standards are normally reviewed at the time the Building Permit is issued. Mr. Cutro remarked that a major change would probably be taking place with regard to site plan review in the next two months. This was the system that had been used for ten years and he was willing to live with it for another two months or so. Mr. Richter remarked that some of the comments were not con- sistent with the drawings he had in front of him. There was - 13 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 discussion. Vince Finizio noted that Mr. Richter had not been supplied with all of the plans that were originally submitted. He had been provided a plan that mirrors the set of Engineering drawings. The applicant had made three separate submissions relative to geometry and layout, etc. Mr. Finizio believed the package the Board got was con- sistent. Mr. Finizio stated if the applicant agrees to comply with all comments prior to final TRB signoff, then he would have no Objections. Mr. Staudinger agreed and stated it was their position that it should be corrected tonight for the PZB. If the comments in the E~g~neering memorandum were taken care of, they could sign-off on the drawings unless the PZB modified those comments in some way. Chairman Rosenstock instructed the Planning Dept. to not ask him to sign off on a set of plans that had not been complied with. Mr. Cutro indicated that would .cause a problem for the Planning .Dept. The Chairman clarified he would be happy to s~gn off on a~set of plans, but he wanted assurance that staff comments would be complied with. Mr. Cutro replied they would be complied with before the plans are released to the Building~Dept. to issue permits on. The Chairman thought that was acceptable. George Davis, Architect, indicated he had read staff com- ments and found them acceptable. Relative to the use of City water for irrigation, Mr. Davis realized the Utilities Dept. would prefer the applicant to use a private well. Mr. Davis had no objection to installing a well. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Motion Mr. Aguila moved to recommend site plan approval to construct a one story, 3,920 sq. ft. office building on .48 acres, to be located on S. Seacrest Blvd. at Gulfstream Blvd., northeast corner. A well will be used for irriga- tion rather than City water. This is subject to staff com- ments. Mrs. Greenhouse seconded the motion which carried 7-0. The chairman declared a brief recess at 9:08 P.M. The meeting resumed at 9:20 P.M. Project Name: Applicant: Owner: Woolbright Place PUD (Apartments) Tradewinds Development Corporation Howard Scharlin, Trustee 14 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Location: Legal Description: Description: North of Woolbright Road, between the L.W.D.D. E-4 Canal and the Seaboard Railroad right-of-way Plat Book 67, Pages 47 49 Request for site plan approval to construct a 640 unit, multi-family rental apartment project and private recreation facilities on 47.92 acres, pods 1 and 2, of the previously approved Woolbright Place Planned Unit Development Vice Chairman Lehnertz indicated he would be filing a Memorandum of Voting Conflict form and he would not be voting on this issue. The form is attached to the original copy of these Minutes in the City Clerk's office. Ms. Heyden explained this site plan approval covers pods 1 and 2 of the Woolbright Place Master Plan. The duplexes and the church pods have not yet received site plan approval. These rental units will be two and three stories high. A small percentage of garages with storage space above have been provided for some units although removed from the units themselves. The five recreation amenities that will be pro- vided to qualify for partial credit towards the Parks & Recreation impact fee are a swimming pool, the Clubhouse with a meeting room, weight room, racquet ball court, aero- bics room and offices, tennis courts, children's play area and a family picnic area. The TRB recommended approval, subject to the following staff comments: Building Department See Addendum K attached to the original copy of these Minutes in the City Clerk's office. Fire Department "An additional ~ire hydrant is required to cover main club- house and main gate. An emergency access road is required. It shall be in place before C.O.s are issued. Note: As shown, this road is in SE corner of project and connects with the industrial access road which is not in place at this time." Engineering Department See Addendum L attached to the original copy of these Minutes in the City Clerk's office. 15 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Utilities Department See Addendum M attached to the original copy of these Minutes in the City Clerk's o~fice. Police Department "1. Additional internal traffic control signage needed and stop bars. (City Ord. ~5-142C) 2. Parking lot lighting to be photocell activated. (City Ord. #5-142C) 3. Comply with Construction Security Ordinance. (#5-8G)" Public Works Department "Compactor driveways must be wider. (15') If gates are to be used at the Clubhouse dumpster enclosure, they must be open on the designated pick up day." Planning Department See Addendum ~ attached to the original copy of these Minutes in the City Clerk's office. Recreation Department See Addendum 0 attached to the original copy of these Minutes in the City Clerk's office. Forester/Environmentalist The landscape plan sheets incorporate existing trees which must be addressed with a Tree Management Plan document. The tree planting plan for SW 8th Street should show trees alternating in the road R.O.W. and out of the R.O.W. Any existing trees in these locations which are preserved (in good health) may count toward the planting. Michael Morton of Tradewinds Group explained that all of the staff comments had been addressed and resolved, with the exception of comment ~12 on Mr. Haag's memorandum. Mr. Morton stated they would provide sidewalks for access from parking lots into the buildings and he did not agree that sidewalks are needed to connect one building to the next. There had been discussion about preserving as many of the pine trees on the site as possible and there had also been discussion about the types and sizes of vegetation that will be provided in the different buffer zones. Mr. Morton had been involved in discussions with Mr. Lehnertz as the repre- sentative of the Lake Boynton Estates Homeowners Assoc. Mr. 16 - MINUTES - PLANNING & ZONING BOARD MEETING BOTfl~TON BEACH, FLORIDA FEBRUARY 12, 1991 Lehnertz and Mr. Morton had come to agreement in connection with the buffer between the two properties. Mr. Morton stated they would make sure all parties concerned are satisfied. Mr. Robert Gomez of Tradewinds Group had discussed the Building Dept.'s comment ~i2 with Mr. Haag. Mr. Gomez stated Mr. Haag was concerned about having sidewalks for handicap access to the various amenities and for pedestrian use. Mr. Morton stated most apartment complexes use the parking areas as a way to get from building to building. Mr. Morton stated if they provide all those sidewalks, they will end up losing more trees. No representatives from the Building Dept. were present at the meeting.~ Mr. Cutro noted the Mew State law on ~andica~ accessib~lity is that you have to be ~able to literally get from building to building witho~ut having to go through parking areas. Mr. Cutro thought this was something they could sit down and try to work Mrs. Greenhouse commented on the possibility of using "cutouts" in the sidewalks so trees could continue to grow despite the sidewalk. Mr. Cutro pointed out when you are running concrete, if you disturb the surface of pine tree root s~stems, it will a~ect the health of the tree. Mr. Cutro didn't know if Mike Haag intended to ask for an interpretation from the State on this or not. Mrs. G~eenhouse asked if Mr. Cutro knew why there was no repre- sentative from the Building Dept. present and if the Building Dept. knew this was an issue. Mr. Cutro responded negatively and stated as of the last meeting held, they had stood on the recommendation that sidewalks had to be there. City Attorney Cherof stated if the Board chose to approve the site plan, they might want to do it with the footnote that sidewalks will be installed per the staff comments. Between this meeting and the Cit~ Commission meeting, Mr. Cherof indicated he would research the necessity of having them and whether there is room for flexibility in that interpretation. Chairman Rosenstock had never seen sidewalk interconnection o~ buildings in a large apartment complex. However, he didn't want to put the City in a position where State Statute would be violated. Mr. Morton was willing to go along with what Attorney Che~of suggested. He had no problem with providing anything that should be provided under State local or Federal guidelines, but he did feel more information should be gathered. Mr. Richter asked if the City conforms to what the State is asking in connection with handicap interconnection of buildings, would that mean that other existing projects become non-conforming? Mr. Aguila did not believe so and thought they would probably be grandfathered in. Mr. 17 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Finizio pointed out the new State Handicap Code became effective in either January or February, 1990. The other projects do not become non-conforming and there is a provi- sion for this. Mrs. Greenhouse referred to the Engineering Dept.'s comment %10, which referred to the applicant seeking relief from the required construction of the industrial access road. She asked Mr. Morton if he was agreeable with this comment and if he obtained relief, would he provide some access for emergency vehicles to the southeastern section of the deve- lopment. Mr. Gomez responded they were going to extend the road on the southeast corner of the property directly to the 12' access easement. The road will be extended east to con- nect with another shellrock road that is already constructed and it will go from the lift station all the way south to the Home Depot property. A map was referred to and the route emergency vehicles would take was discussed at length. Mrs. Greenhouse was very concerned about how emergency ~ehicles would reach those apartments in the southeastern segment. Mr. Morton explained that the way the Home Depot parking lot is set up, it is not the last piece of the shopping center. The PCD extends'another 17 acres to' the morth that are undeveloped. A shopping center will be located on that presently undeveloped property. In back of that shopping center will be a service road which will get you to the utility easement that =uns north and south. Mr. Gomez added that the Fire Dept. made them put a service road at the back of Home Depot strictly for fire access. As the conversation progressed, Mr. Morton remarked that they were beginning to convolute Engineering comment ~10 with the Fire Dept.'s comments for the project. Comment ~10 had nothing to do with the Fire Dept. Mr. Morton referred to arguments that have taken place with the PZB and the City Commission about the industrial access road. It is Mr. Finizio's opinion that the developer needs to build that road. Mr. Morton stated it was his opinion that they do not need to build the road, but only give a right-of-way. Comment ~10, in Mr. Morton's opinion, addresses the issue of who builds the industrial road. Mr. Staudinger explained that Engineering comment #10 indi- cates that should the applicant be successful in seeking relief from building the industrial access road, an alter- nate fire/emergency access roadway within the industrial access road right-of-way from S.W. 8th to the southeast corner of the subject property should be constructed before any buildings can be issued building permits. This would allow the fire access which is shown on the southeast corner of the site to be connected directly to S.W. 8th St. This was a comment of the TRB. At the time the comment was made, Mr. Staudinger did not recall any major objection from the 18 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 developer or his consultants and he believed they concurred at that time. If Mr. Morton was suggesting an alternate route, that would be subject to the Fire Dept. and Engineering Dept. reviewing it. If it is unacceptable, Mr. Staudinger would think that the applicant would have to agree that this route would have to be built as specified in comment $10, if staff does not approve the other route. Chairman Rosenstock asked Attorney Cherof if comment $10 were omitted, would the Board be in order to approve this as the property is presently undeveloped. In light of the pre- vious agreement With the City with respect to the industrial access road ~which grants the developer a certain period of time to explore through Court proceedings whether they have to build it or not, Attorney cherof believed if the Board's approval was made without comment ~10, there would be something missing from their approval. Mr. Morton agreed there are Still some on~tand.~ng issues with ~egard to the industrial access road w~ich ne~d to be resolved. Further dis~cussion took place. There was a difference in the way Mr. Morton and Mrs. Greenhouse interpreted the requirements of comment $10. Mr. Morton remarked that the industrial access road may never be built. If it's not built, it will remain a green area as a buffer between the two properties. Mr. Morton did not believe a grade crossing should ever be built in this particular area, however, because of previous agreements he made with the City, he had provided the right-of-way. He never agreed to build the road there. The argument that will be made before the Court is the interpretation of that agreement. Mr. Morton stated the Commission was supposed to make its own determination of that agreement but failed to do so and left it in the hands of the Court. The road has to be built either by the developer or by someone else. If the road is not built, there will be another alternative. Mr. Morton had already selected what that alternative will be, namely, a service road behind the shopping center. Lengthy technical remarks were made about Mr. Morton's pro- posed alternative route. City Attorney Cherof clarified that if the Board approves this site plan subject to Engineering comment #10, they will have done everything they are required to do. There was no need tO extract any concession from Mr. Morton as that had been dealt with by previous Commission action. That will be dealt with, if no place else, by the Court. Mr. Staudinger pointed out the material says, "an alternate within the industrial access right-of-way." Mr. Staudinger concurred with Attorney cherof. This was discussed at TRB and condition $10 was placed on it at that time. He repeated, if an alternate route is being proposed by the 19 - MINUTES - PLAi~NING & ZONING BOARD MEETING BOYI~TON BEACH, FLORIDA FEBRUARY 12, 1991 developer, Mr. Morton has to come back and get Fire Dept. and Engineering sign-off on it. If he doesn't, condition %10 holds. Vice Chairman Lehnertz, who had remained silent throughout the discussion, asked the City Attorney if he could ask a question. Attorney Cherof responded he could. Vice Chairman Lehnertz observed that Tambri Heyden's memorandum %91-031 and John Wildner's memorandum %91-031 both talk about the recreation amenities to be provided for the half credit towards park plans. The memorandums re£er to slightly different amenities. Mr. Cutro offered an explana- tion and clarified the amenities referred to in the Planning Dept. memo are the ones that will be put in place. Motion Mr. Richter moved to approve the request for site plan approval to construct a 640 unit, multi-family rental apart- ment project and private recreation facilities on 47.92 acres, pods 1 and 2, of the previously approved Woolbright Place PUD, subject to staff comments. Mr. Aguila seconded the motion. Mrs. Greenhouse remarked there were 125 staff comments on this project. Earlier in the meeting, Mrs. Greenhouse had addressed a comment (Engineering comment %10) which she suspected Mr. Morton might take issue with. She was con- cerned that in the 125 staff comments there might be other points Mr. Morton will take issue with. She observed the staff comments were increasing in number and seriousness. Since the Board had experienced such resistance on comment %10, she wondered what kind of resistance staff would experience once this leaves the public forum. She wondered what a project that had 125 comments attached to it would end up looking like. She pointed out when one set of com- ments is addressed by one department, it might change entirely what another set of department comments would be. She was concerned that this was putting something into the administrative process, particularly for staff who could be subject to political pressure, rather than it being an open situation where everyone sees exactly What any particular project is going to look like. Chairman Rosenstock pointed out he had previously said publicly everything that Mrs. Greenhouse had just repeated. As far as the Chairman was concerned, rather than being directed just to Mr. Morton, this was directed at a policy. The Chairman had called these facts to the attention of Mr. Cutro, the public, the newspapers and the City Manager. The City Manager had told Chairman Rosenstock he would do something to rectify this. Chairman Rosenstock thought these comments should be directed at the political process and not at anyone else at this time. - 20 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Mr. Richter believed a significant number of staff comments are to be expected in a projsct of this size. It is City staff's job to work these out with the developer. Up until this point, it appeared everything had been worked out except one or two items. Those remaining items would be worked out before the permitting process begins and the Working drawings would reflect that. Mr. Richter had con- fidence in City staff. No permits should be issued until these things are taken care of. Mr. Collins agreed. As there was no further input from the public, THE PUBLIC HEARING WAS CLOSED. Chairman Rosenstock called for a vote of all those in of the motion. The motion carried 6-0. Vice Chairman Lehnertz abstained from the vote. favor SITE PLAN MODIFICATION 3. Project Name: Agent: Owner: Location: Legal Description: Description: T.G.I. Friday's Restaurant at Oakwood Square Duane Stiller, Woolbright Corporation Woolbright Corporation (as receiver) Congress Avenue at Old Boynton Road, southeast corner See Addendum P attached to the original copy of these Minutes in the City Clerk's office. Request for approval of an amended site plan to allow for the demolition of an existing bank (Centrust) on a leased out parcel, construction of a 4,606 square foot restaurant, and a change in parking lot layout Jorge Gonzalez explained that Duane Stiller, Agent for Woolbright Corp. (receiver), is requesting approval of an amended site plan to demolish the Centrust Bank building and to construct a brand new restaurant. This out parcel is directly south of Perkins Restaurant. One existing parking space is proposed to be removed as well as the drive-through facilities. Eight new parking spaces will be added to the shopping center. As far as concurrency is concerned, the quality restaurant will generate less trips than a drive- through bank. This request will actually reduce the number of trips on the roadway network. The TRB unanimously recom- mended approval of the request, subject to the following staff comments: 21 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Building Department See Addendum Q attached to the original copy of these Minutes in the City Clerk's office. Engineering Department See Addendum R attached to the original copy of these Minutes in the City Clerk's office. Utilities Department "1. Indicate locations o~ water msters and grease traps on site plans. Location of water meters in paved areas is not desirable. 2. Reduced pressure backflow preventers will be required on the water service. Indicate location, model and size. We recommend dual units in parallel so service is not interrupted durinq testing. 3. Water services with either end under pavement are to be of Type K Copper. 4. Work to be in accordance with City of Boynton Beach Details and Criteria sheets." Public Works Department ~'The proposed dumpster location as presently shown is unacceptable, because of turning restrictions. Due to the confined space, the dumpster area should be compatible to other dumpster locations." Planning Department See Addendum S attached to the original copy of these Minutes in the City Clerk's office. Forester/Environmentalist "1. The landscape plan should have a legend. 2. Fifty percent (50%) of all plant materials used must be native species. 3. City water cannot be used for irrigation system. 4. 'Trees' must be 8' height minimum." Mr. Aguila asked about what appeared to be a discrepancy in the figure cited as square footage of the existing shopping center. Mr. Gonzalez believed that was addressed in the Building Dept.'s comment ~15, which indicated the area ~or the new walk-in coolor should be included. Mr. Duane Stiller, Agent ~or Woolbright Corporation, explained this shopping center had been in receivership and his company had been acting!as receiver. In a ~ew days the - 22 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 title would pass from Massachusetts Mutual Life Insurance Co. and it would be part of a major renovation to the plaza to improve conditions. Mr. Stiller stated the center had been a bit of a financial disaster for the lender and for the previous owners. Mr. Stiller indicated the petitioner was in agreement with all staff comments. As there was no input from the public, THE PUBLIC HEARING WAS CLOSED. Motion Mr. Collins moved to approve the request for approval of an amended site plan to allow for the demolition ~of an existing bank [Centrust) on a leased outparcel, construction of a 4,606 sq. ft. restaurant and a change in parking lot layout, subject to all staff comments. Mr. Aguila seconded the motion which carried 7-0% Remarks were made about the large amount of dead landscape material at the site. Mr. Cutro understood that was to be upgraded. B. SUBDIVISIONS PRELIMINARY PLAT i. Project Name: Agent: Owner: Location: Legal Description: Description: Buchanan Estates Michael B. Schorah, Engineer Mrs. Helen Buchanan S.W. 8th Street at Ocean Drive, northeast corner Buchanan Estates, a replat of a portion of Lake Boynton Estates Plat 1, as recorded in Plat Book 13, Page 32, Public Records of Palm Beach County, lying in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida. Request for approval of the construc- tion plans and preliminary plat (a replat of a portion of Lake Boynton Estates) which provides for the construction of infrastructure improve- ments to serve 14 single-family units Ms. Heyden explained this replat combines a number of vacant lots, which by current codes would he substandard. This request includes approval of the construction plans and pre- liminary plat to provide for the construction of infrastruc- ture improvements to serve 14 single-family units. The TRB recommended approval. 23 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Vice Chairman Lehnertz commented on the large number of Melaleuca and Australian Pines on the property which he thought should be removed. There are also some good size Slash Pines and Palmetto trees on the property which he hoped would remain. The Vice Chairman had noticed there were no comments from the City Forester in that regard. Mr. Michael Schorah, Agent for Helen Buchanan stated they had agreed with e~erything staff had asked them to do. However, at the TRB meeting the applicant was made aware of the recreation fee to be paid. M~. Schorah had requested this be reconsidered under the circumstances as this is an existing Old plat which is being reconfigured. The existing configuration would not allow construction o~ houses in the R-lA.district. Mr. Schorah had been informed that $17,286 would be the recreation fee. Mrs. 5uchanan felt this was excessive and requested this ~igu~e be reduced to the $500 to $60D per unit they Would hav~ ~o pay if they were located in the County. Mrs. Buchanan had not gotten her own appraisal. The $17,286 was obt~inad from an appr!aisal C~rles Frederick, DirectOr o~ Recreation & Parks had obtained. Mr. Richter agreed t~e $17,286 did see~ excessive on a project of this size. He asked if this were moved for- ward, subject to Mr. Schorah and ~he City working out a satisfactory recreational~ee, W~U~d Mr. Schorah find that acceptable. Mr. Schorah responded-affirmatively and stated the Co~e does appear to allow for that. Mr. Staudinger interjected that a cost per acre of land equating to a value of $68,603.71 had been provided by the Recreation & Parks Dept, The recreation fee was calculated accordingly. There is a process under the Code for the applicant to pursue, if he does not agree with that figure. He can obtain an MIA appraisal on the property and then go to the City Commission and request a variance. At the present time, however, they had to work with the figure pro- vided by Recreation & Parks and they didn't need to debate the value of the property. Other remarks were made. Mr. Richter moved to approve the request for approval of the construction plans and preliminary plat for a replat of a portion of Lake Boynton Estates which provides for the construcion of infrastructure improvements to serve 14 single-family units. Mr. Collins seconded the motion. Upon a recommendation of Vice Chairman Lehn~rtz, Mr. Richter amended the motion to include that native trees on the site be preserved wherever possible. Mr. Collins was agreeable to the amendment. The motion carried 7-0. Mr. Finizio inter3ected that the Board needed to determine that the Recreation & Parks fee is an accurate ~ee. City Attorney Cherof replied that was inherent in the motion. The Board members agreed. 24 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 OTHER A. USE APPROVAL (pursuant to Appendix H-Zoning, Sec. 7.E.) 1. Request to amend list of permitted uses at the Boynton Commerce Center P.I.D. to include seafood distribution (exclusinq processinq) Ms. Heyden pointed out that Lobster Express will not be the business name if this type of use is approved at the Boynton Commerce Center. This request is to allow distribution of seafood as a permitted use at the Boynton Commerce Center PID. According to Appendix A - Zoning, Section 7.E., in approving uses in the PID, the PZB shall make findings that the use proposed will not be in conflict with the perfor- mance standards list.ed in sectio~n 4.N of the zoning regula- tions, and t~at the ~se proposed is consistent with the intent and purpose of the pianned industrial development district. To co~pl~ with the performance standards, envlronmenta~ ~e~ie~-was r~c~mme, nded~to monitor an~d regulate the liquid waste that Would be generated as a result of maintaining saltwater t~anks which will hold the live seafood. With respect, to the intent ahd purpose of the PID, this use is eompa~i~ie~ With the us~es w~ich have already been established at the Boynton Commerce Center. Staff recom- mended that ~he list ~of permitted :uses' be amended to include warehouse dlstrlb, U~lOn wholesale s~afood (excludIng pro- cessing) under tho~.use~ re~uiri~ e~vironmental review. Mr. Roland Beaudet was present to represent Mr. Sydney Rosenberg. In response to a question raised, Mr. Beaudet indicated dead lobsters would be put in plastic bags and thrown in the dumpster. Mr. Beaudet explained they would have to change 5% of the saltwater in the tanks each week. This would amount to 200 gallons of saltwater per day. Mr. Beaudet stated the Utilities Dept. did not feel this would be a problem. The Chairman didn't see any written comment in that regard in his packet. Mr. Cutro interjected that was why they recommended this go for ERB review. Disposal of the saltwater and dead lobsters would be questions addressed by the ERB. Mr. Richter pointed out this particular area is in the "cones of influence" of a wellfield. This site is also in proximity of the E-4 Canal. Mr. Richter was concerned about the possibility that saltwater might accidentally enter into the cones of influence for the fresh water. He hoped these areas would be addressed. As there was no further input from the audience, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Lehnertz moved that the Board recommend appro- val of amending the list of approved uses at the Boynton 25 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 Commerce Center PID to include seafood distribution (excluding processing), subject to all staff comments. Mr. Collins seconded the motion which carried 7-0. Mr. Cutro reiterat.ed this would go for environmental review. COMMENTS BY MEMBERS Absences from Board Meetings Chairman Rosenstock was sad to say that Murray Howard's son had recently died and that was why Mr. ~oward was absent. Relative to absences from Board meetings, Chairman Rosenstock noted there was nothing in the Code with regard to excused absences. There was ~iscussion about the policy of limiting Board members to three meeting absences prior to a letter of warning being sent. After a fourth meeting is missed, the member is expeliled from the Board. The Chairman believed it would be unfair for an absence to count against any Board member when it was due to a death in the family or severe illness. Chairman Rosenstock suggested there be a list of types of excused a~sences that would be accepted. Mrs. Greenhouse remarked o~ the numerous situations that could occur. Chairman Ros~nstock re~nded ~hey ~wou~d leave this in the hands of the C~ty Attorney ~nd City Commission. Copies of ordinances provided in PZB packet Mrs. Greenhouse referred to copies of the Sign Ordinance and the Ordinance outlining the PZB's duties and respon- sibilities which were included in the Board's backup packets. She noted these Ordinances had been passed and she was curious why the Board was now being provided copies. Mr. Cutro responded the City Manager had instructed these be provided the Board members for informational purposes. City Attorney Cherof added these were not on the Agenda for action. Board Member Abstention from Votes Mr. Beasley noted at the previous meeting of the PZB he had to abstain from voting on an ~ssue and he was not allowed to comment. ~e believed he could have provided clarification at that time which probably would have saved a half hour in discussion. He requested clarification from City Attorney Cherof on whether a member who is filing a Memorandum of Voting Conflict is allowed to make a presentation or comment on the item. Attorney Cherof responded the Statute is not clear with respect to discussion, but the better rule is for the person who has abstained not to participate in the discussion. It was a personal choice on a case by case basis. There is no strict prohibition spelled out in the Statute. Attorney Cherof believed it wise for a Board member not to participate in the discussion if the member - 26 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 12, 1991 is abstaining, so it pursuaded some other voted. could not be perceived that he/she had member to vote as he/she would have Mr. Aguila didn't think it was right that the Assistant City Attorney who was present at the previous meeting advised Mr. Beasley he should not speak. City Attorney Cherof believed it prudent for members not to participate because they would be opening themselves up to the possibility of someone filing a complaint against them with the Commission on Ethics. Since it is the attorneys' duty to help avoid such complaints~ they either recommend members not par- ~icipate, or make sure members realize it is their preroga- tive and it is prudent not too. If that was the legal department's interpretation, Mr. Beasley requested it be Consistent. Chairman Rosenstock proposed that in the future, so long as he s~rves as Chairman, members would not speak when they are filing the Conflict of Interest forms. City Attorney Cherof responded that the Chairman's intent was good, but he could not contain a member who. wished to speak and who interprets from their own perspective that they have a right to do so under ~he Statute. C~airman Rosenstock indicated he would go along with Attorney Cherof in this regard. Mr. Beasley referred to the amount of discussion in recent months about the number of staff comments attached to cer- tain plans. He believed it was the PZB's responsibility to conceptually look at the projects and not to do this in so much detail. He believed staff comments would be addressed. Mr. Beasley thought repeated discussion on the process itself should be reduced and they should look at the pro- jects themselves. ADJOURNMENT The meeting properly adjourned Shannon Burkett Recording Secretary (Four Tapes) at 10:37 P.M. - 27 ' *FORM SB MEMORANDUi OF VOTING CONFLICT FOR COUNTY, IVIUNICIPAL, AND OTllER LOCAL PUBLIC oFFiCERS LAST NAME~FfRST NA E--MIDDEE NAME NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY OR CO,~IMI'~fEE ~'"~NG ADDRESS ~ THE BOARD, C~NCIL, COMMI~S~O~UTHO~I~, OR COMMI~E ON WHICH I SERVE IS A UNIT OF: WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on aH appointed or elected board, council, commission, authorit]/, oc~ committee. It appli.~s eclu~,ll.~,~to ~.m~dmbe[~ of advisory a~nd non-advisory bodies who are resented wtth a vottng conflmt of til'~re..~ nv/der Sectiotl 11~3t43, Ff~n~ta Stat0te§:'Ttie reqmremeh~s of thts law am mandatory; although the use of this particular form is not required by law, you are encouraged-to use it in making the disclosure required by law. Your responsibilities under the taw when faced with, a measure in whi~l~ yOU .have a conflict of intere~st will vary*gr~eatly depending on whether you hold an electtve or appointive lm~SiI~o~ Foe~tlfis ,~ason;~lSl~ase pa~,}el6se.~attenti0r/"to~the,insttffcti~Si~s on this form b,e~fore completing the reverse side and filing the form INSTilUOTIONS.FOR~O.M~L!ANC_E WITH~EC~ON ~2.~43,:FLOI~IDA_STAl~UTE$ ~ ~ ~- , ~ ~ ! ~'CTED OFFICERS: . ,, A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain· Each local officer also is prohibited from knowingly voting on a measure which inures'to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITH1N 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appoinnve county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal fother than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before ma~king ansi at~gCpt to influence the decision by oral or written communi,cayion, whether made by the officer or at his-'i:tirection. % ~ " -- ~ · IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING XT WHICH T~'~ VOTE WILL BE TAKEN: · ~ should complete and file this form (before making any attempt to influence the decision) with the person responsible for ~recording the minutes of the meeting, who will iocorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of fhe agency. · The form should be read publicly at the meeting priol' to consideration of the matter in which you have a conflict of interest. PAGE IF ~O[~ I~iAKE 'NO A-~TEM~ TO Ii'ffI~LUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You shoul~t disclose, orally the ,n ~a~ur.¢~ol'~yo~ co fli~ in the measure ~ore ' ' ' ~ '' ~ You should complete the.form an6 fde ~t wlLhm..I 5 days after the vote occurs with the perso~ re~ponsible for recording {he mi~s or the me~ing, who should incorporate the form in tb~ minutes" ~. · :;~ ~ .. ~ ~., ~ LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agen~v, wh ch (check one) inured to mY specia! private gain; or : ~t inured ,~) the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , whom I am retained. Date Filed Signatt~e NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317-(1985), A FAILURE TO MAKE ANY REQUIR~D DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHIVlENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PL~NNING DEPARTMENT MEMOR3LNDUM NO 91-025 TO; Chairman and Members Plannlng and Zoning Board Planning Director FROM: Tambri J. Heyden A"ssistant City Planner DATE: February 5. igPl SUBJECT: Agnetlo Building 214 N.W, 3rd str-=et - File NO. 569 (4) Parking lot variances - driveway distance, backing into right-of-way, drainage and parking lot layou5 Section 5-145 c}(4) of the Code of Ordinances requires that when a variance uo Section 5. Article X. Parking Lots is requested, the Technical Review Board must forward To the Planning and Zoning Board a recommendation, and that the recommendation forwarded is 5o be made part of the public hearing proceedings. To that end, this memorandum is forwarded, consistent with Section 5-145 c)(4}. Michael H. and Angelo Agnello, applicants, are requesElng variances to Sections 5-142{i 2) 'Parking Lot Layout" -Clty standards. 5-142(i){t) "Parking Lot Layout" - backing out ln~o a right-of-way, 5-1421f) "Drainage" and 5-142 h)(3) "Driveway". The applicants are the owners of the parcel located ac the southeast corner of Boynton Beach Boulevard and N.W. 3rd Street. On this parcel there are ~wo existing Buildings as shown on the attached site plan. Building "A", better known as 214 N.W. 3rd -street. is an existing residential building which the owners wish Co convert to a commercial use. Building "B". better known as 332 Boynaon Beach Boulevard, is an exlsTlng commercial building. conversion of the residential building to a commercial use is a~ change in occupancy which requires that a parking lot. meeulng currenu standards, be provided. The owners wish to retain the existing parking area layout, drainage and driveways as shown on the attached site plan. without making any lmprovemenas, hence the need for the variances specified. For an explanation of the code requzremenns, the nature of the variances requested and the variance justification please refer To the attached Notlce of Public Hearing, application and notations on the site plan. On Tuesday, January 29 1991. the Technical R~view Board TRB) me5 5o review the plans and documents submitted and Eo formulate a recommendation with regard to the variances requested. ~After review and discussion, the TRB recommended the followfng with respect 5o each variance requested: section 5-142(i](2) "Parking Lot Layout", C~ty Standards - The TRB unanimously recommended denial of this variance 5o retain the eXlsu~ng parking lot layoun and design. This recommendation is based on observaulons of how the parking facility functions and on alternatives uo a variance which the a~plicant has explored bur found 5o be unacceptable; the alternaalves are referenced later in this reporE. After conducting on-site visits of the existing parking facility, it was noted that vehicles double park within the parking area along Boynton Beach Boulevard. As illustrated on the sl~e plan, this ares is already ~ongested due 5o the substandard width of the access aisle and parallel parking stalls The Engineering Depar=men~ recommends in their attached memorandum, that in the event this variance is approved, "No )arking" signs should be posted along the front of the building to discourage double parking. PLANNING DEPARTMENT MEMORANDUM NO. 91-023 TO: Chairman and Members Planning and Zoning Board SUBJ: Agnello Building - Parking Lot Variances £kTE: February 5, 1993 section 5-14211) 1) "Parking Lot Layout" - The TRB unanimously recommended ~enial ~f this variance which ~if granted, would allow the slx parking stalls along the wes5 side of the buildings to back out onto N.W. 3rd street and the parking stall in fron~ of the commercial building to back out onto Boyn~on Beach Boulevard. As noted in the ~ttached memoranda from the Police and Building Departmen=s, the parking lot layou5 which exists is a safety hazard for both vehicles and pedestrians. .The Police Department recommends that, at minimum the SlX parking stalls along the west side Df the buildings be replaced with parallel parking stalls if the alternatlves 5o variances. referred to later in this report, 5re not feasible. Section ~-142(f '!Drainage" - The TRB unanimously recommended denlai of this variance which seeks relief from~the requirement zo con~al~ storm water on s!te. This recommendation 1s based Dn the ~act that all storm water from the paved areas on site drains directly into the public rights-of-way (BoynLon Beach Boulevard and N.W. 3rd Street and ~urthermore ~s not pretreated prior 5o d~scbarge ~nto the storm drains. A s~zable pervious area exists to the rear of the two buildings which has no5 been utilized at all 5o attempt to conLal~ at least some of the storm waLer on site. sectlo~ 5-142(h 3 Driveway" - The TRB recommended denial of this variance 5o retain the driveway onto N.W. 3rd Street which is 7.5 feet from the intersecting rights-of-way lines of Boynton Beach Boulevard and N.W. 3rd Street. rather than the required thirty feet. and also the driveway onto Boyton Beach Boulevard which is 71 feet from the Lntersectlng rights-of-way lines~of N.W. 3rd Street and Boynuon Beach Boulevard. rather than the required 180 feet. Based on observations made of the parking facility, the double parking which occurs on site, exacerbates the problem with limited stacking caused by the short distance of the driveways ~o the ~ntersecElons. After researching traffic accident records. the Police Department recommends tha~ the driveway Dnto N.W. 3rd Street remain only if alternatives uo the variances have been explored and are found ~o be impractical. Taking all the variances requested into consideration, the TRB concluded that the desire to convert the residential building ~o commercial use without constructing a safe and efficient parking lot, creates a self-imposed hardship. The applicant has no5 demonstrated that the variances requested are the minimum variances needed 5o make possible the ~easonable use of the ex~stlng residential structure. In addition, the c~rcums~ances stated by the applicant as 3ustification for granting these variances are not peculiar ~o this site, ~nd if allowed to persls5 in connection with an ~ntensificatlon D~ the res!dentta! bultding, are potentially ~n]urious to the neighborhood and otherwise detrimental ~o the Dubtic welfare. The Technical Revlew Board felt the applicant could explore other alternatives such as the extension of the parking lot to the east at 326 West Boyn=on Beach Boulevard owned by Mr. Agnello) or the purchase or ~ease of other vacan5 property ~n the area for remote parking. It should be noted the pe5ltloner claims that the lease for ~26 Wes~ ~oynuon Beach Boulevard does not allow him to extend the parking lot on the property. Mr. Agnello was asked ~o provide this lease a~ the TRB meetlng. AS of February 4. 1991, he had no~ submitted this document ~o s~aff for review. TO: SUBJ: DATE: PLANNING DEPARTMENT MEMORANDUM NO. 91-023 Chairman and Members, Planning Agnello Building Parking Lot February 5, 1991 and Zoning Board Variances Based on the recommendation of the TRB on these items, and the existence of atterna~lves available to the applicanT, the Planning Department recommends that this petition be denied by the Planning and Zoning Board. Tambri J. Hey~n ~ tjh At5achments A:AgnelPLV xc: Central File TO: FROM: ENGINEERING DEPARTMENT ME~ORA~DUMNO. 91-~25CC January 31, 1991 Christopher Cutro Dlrec~o~ of Planning Vincent A. Finizio Administrative Coordinator of Engineering TECHNICAL RB~IEWBOARD C~S In accordance with the City of Boyn~on Beach Code of Ordinances, Chapter 19 Section 19-17. Plan Required, including Chapter 5, Article X. Boyn~on Beach Parking~ot Regulations. the applicant for the above re~erenced project shall submitt~e following information, technical data. details and plan revlszons. 1. Four (4) requests for variances were made by the applicant. The Engineering Depar~men~ recommends de~iaL of all four. Variances requested tor drainage. Jriveway distances, head-in parking and stall dimensions are cc be denied. As an option, the Engineering Depar~men~ for the City of Boynton Beach recommends the applicant consider parking lot consgrucnion to the eas~ and behind the single family residential home that is to be converted ~o an office. This can be accomplished by several methods. The methods are as follows: a) Explore access south of the existing building by moving the water meter, ~emoving the overhang on the south~ side of the building ~nd relocation of the landscapzng, including replacing that buffer with a solid fence on the south side of the proper~y ~o screen the adjaaen~ ~esidentia] property. b) _Another option the applicant has is tha~ the applicant should explore off-stree~ remo~e parking adjac~n~ :o and ~o the wes~ of the site. c) There was no variance reques[ for lighting. Because there is a change in the intensi~y and use of the second building on this site, it is the opinion of the Engineering Department that the full site ~lan review should occur which would require drainage and lighting for both buildings (the entire site). in accordance with the City of Boynton Beach Code of Ordinances, specifically Section 5-142[a) Required Lighting and Section 5-142(f) Required Drainage. Note: Attached herein and made a par~ hereof is Engineering Department memorandum, dated January 28. 1991. transmitted to Christopher Cutro. Director of Planning regarding construction within public rights-of-way (paving of %ity swales, without benefit of permits and inspections, including unauthorized work in the form of striping and pavlng within this facility, that co~enced aftez final sign-off of the initial sealcoating and restriping permit). This action :ons~i~uted a violation of the Standard Building Code for exceeding the scope of permit and exceeding the scope of the permit's conditions. Administrative Coordinator of Engineering City E~gineer W. Richard Staudinger Gee & Jenson Engineers, Architects, Planners, In WRS:WRS/ck cc: J. Scott Miller, City Manager ENGI~IE~ERLNG DEPARTMENT MEMORANDUM 3anuary 28, 1991 TO: FKOM: ChrisTopher Cutro Director of Planning Vincent a Fiuizio Agministrative Coordinator of Engineering V~CE APPLIC~TI0~ FOR MICHAEL H. AGNELL0 mauu~r and ensuing discussions regarding Mr. ggnello's appointment with Carrie A. Parker, Assistant City Manager, ~!ease oe acvised of une following: I MrJ Agneilo utilized a contractor, A ~ J Asphalt, 1402 ~. Federal Rwy., De!ray Beach, Florida 33483, Telephone ~276-0829 in order uo obtain a City oJ Boyn:on Beach permit foz sealcoating and resnriping cue subject facility. 2. The permit obtained by A & J Asphalt fcr Mr. Michael Agneilo did not concazn under conditions of permzt, City authorization to pave. 3. a & J Asphalt paved over a public ~lghts-of-way grassed swale withou: benefit of permit~ from the City of Boyu~on Beach Engineerzng Depar~menu. This pave- men~ zs indicated upon his submitted Technical Revzew Board se~ as two parallel parking stalls. ~. A & J Asphalt ~[aced a~ftional striping and the aforementioned pavmng after the Engineering Depaz:ment's final inspectzon and approval of the sealcoating and res=rzping program ~ this site. This sction involved the additional striping o~ ~ parking stall that backs oun into the public rzghts-of-way of Boynton Beach Boulevard (Sta:e Road #804) constituting a violation ~f Chapter 5, Article X, Boynton Beach Parking Lot Regulations, Section 5-142[i),(g), Parking Lot Layoun. Based upon my ~wn review of this project during construction and after construction. I nave concluded that work commenced after the final inspection was signed off in violation of Standard Building Code ~nd City of Boynton Beach for deviating from the conditions of per. it. Although the permit issued by the City of Boyn[on Beach, Building Deparumen~ specifies the type of p~rmit ~s a Paving permm[, the application s~bmitted by A & 3 Asphalt clearly s~a[es that the description of work ~s for sealcoating and snrlping 0nly. Upon receiving direction from the City Manager's office in :his regarc. I will aonsgluu~e Code Enforcement action against Mr. Agnel!c and A & J Asphalt for paving a public rights.f-way without benefit of permitted ~nspections and for exceeding the scope and conditions of the subject permzn. This document will be at~ached to and made a part of the Engineeing Department's Technical Mevzew Board com~enus for Mr. Agnello's receng varmance and plans submittal. ADDENDII~ B Vincent A Finizio ~ VAF/~k cc: Carrie A, Parker, Assistant City Manager COMMUNITY IMPROVEMENT DEPARTMENT MEMORANDUM DATE: TO: FROM: RE: February 1, 1991 Tambri J. Heyden, Planning Department JohnnetBa Broomfield, Director~..~_ TRB Comments: Agnello Building?Parking Lot Variance Please be advised of the following relating to the developmenn of the above subject. Community Redevelopment Plan .Recommended Land Use (P.V-17) The segmen5 west of Seacrest Boulevard and nearesn 1-95 would be office-orzenBed...C-2 zoning west of Seacres5 Boulevard should be changed to C-l, office and professional commercial distric%...changing zoning from C-2 no C-t also will help prevent intrusion in the area by undesirable free standing and small strip retail facilities. .Depth and Height of Commercial Development (P.V 20-21~ ...The City should continue commercial zoning 5o a dept~ of one-half block along those sections of Boynton Beach Boulevard having sound residential devetopmen5 along the nearest parallel street, particularly on the south side of the Boulevard between 1-95 and Seacres5 Blvd. The long range ob]ectlve...should be to allow full block depth development through rezonlng as demand occurs based on the following criteria: .The developmen5 proposed will require a minimum of on~ (1) acre site. .The slBe plan will make adequaBe provision for buffer- lng to include prohibition of access/egress driveways and installation of suitable screening material such as solid wall and/or dense landscaping. .No signage will be visible from residential areas Boynton Beach Boulevard Urban Desiqn Guidelines .Proposed CharacBer District ~6 Rehabilitation/New Developmen5 District (P.13-15) To the south, parking has been relocated from the front of exlsning commercial 5o the rear of the buildings with access off side streets. This allows for the placement of the 20' greenbelt... Page 2 - Tambri J. Heyden 2/1/91 TRB Comments: Agnello Building The residenElal sEruc5ure named in ~he request by the owner is suggested in the guidelines for removal/demollulbn to allow for greenbelt construction on the south side of the Boulevard and 5o allow for parking in the rear of the commercial s~rucsure. Boyn=on Beach Boulevard Beautification Pro]ecu In an effort ~o proceed with and lnlsla~e some developmen5 on the Boulevard, the Cl~y Commission has approved the implementation of the Boynton Beach Boulevard Beautification Projecn. In addition no the construction and landscaping of medians and decorative sidewalk 5rea~ments, the pro]ecs calls for Working with property owners to znstall landscaping on corner lots that intersec5 with Boynton Beach Boulevard. The property adjacen~ no this sine 'which also has the same owner lntersecus with Boynton Beach Boulevard and as such, the Czty will work wlnh the properny owner for support of the prc3ect and malnuenance after the landscaplng has been installed. JB:kc OLD BOYNTON ROAD ABANDONMEbTf DESCR IPTION: T~m~t part of Section 20, Township 45 South, Range 43 East, Palm ~ eh County, Florida, described as follows: ~m~nee at the Southeast Corner of said Section 20; thence S.88vO2'21"W., along the South Line of said Section 20, 1631.39 feet to the easterly right of way line of ~ forty foot road as shown on plat of Subdivision of said Section 20, as recorded in Plat Book ?, page 2~ of the Public Records of Palm Beach County, F~orida; thence N.0 49'09"E., along said easterly right of way line, 312.74 feet to line 50 feet southwesterly of and parallel with the centerline of Old Boynton Road and the Point Of B~gtnntng; thence S.41°47'42"E.~ along said parallel line, 225.01 feet to a point of curvature of a curve concave npr. t~ea~terly with a radius of 527.q? feet and m central angle o~C 3~13'44"; thence southeasterly, along the arc of said curve, ~19~?~ feet; thence S.O°OO'O?"W., 3?.43 feet; thence ~i85 02'51"E., 140.3~ feet to a line 53.00 feet north of and ~irallel with the eenterline of State Road 804 as shown on the ~i*~"t of way map ~ecorded in Road Plat Book ~, page 220 of the ~l~c Records of Palm Beach County, Florida, thence Si~89 59'53"E.~ along said parallel line~ 45.67 feet to a point o:n a curve concave to the nsrtheast with a radius of 368,97 f~et. a central angle of 23 ~1'37" and a chord bearing 53°38'30"W,; thence northwesterly~ along the arc of ~aid 6 ve, i5 ,58 feet to a Roint of tangenoy; thence N.41 ~,O0 feet; thence S.48v12'18"W., 10.00 feet to a line 15.O0 { ~t northeasterly of andoParatlel with the centerline of Old t ~nton Road; thence N.41 ~7'~2"W., along said parallel line~ ~?.66 feet to the intersection of the northerly prolongation of the said easterly right of way line of the forty foot road; thence S.O 49'O9"W., along said prolongation, 96.00 feet to s~ld Point Of Beginning. Contatml6g 28,537 square feet or 0.655 acre, more or less. O'BRIEN, SUITER & O'BRIEN, INC. ENGINEERS, SURVEYORS, LAND PLANNERS 2601 NORTH FEDERAL HIGHWAY, DELRA¥ BEACH, FLORIDA PLANNING DEPARTMENT MBMOP~NDUM NO. ~I-019 TO: THRU: FROM: Planning and Zoning Board Tambri J. Hsyden Assistant City Planner DATE: January 22, 1991 SUBJECT: Old Boyn~on Road -Flle NO. 564 ;~bandonment of a pDrtlcn of the right-of-way With respect 5o the above request, please be advlsed that the Piannlng Departmen~ recommend~ approval of the abandonment of that portion of Old Boyn~on Road as referenced within Planning Area 7.a. of the comprehensive P~an Future Land Use Elemgnt Support Documents. This recommendation IS base~ on the consistency of th~ proposed abandonment wi~h the language fou area 7 . a. which reads as follows: Boynton Beach Boulevard. Between Concress Avenue and Due 5o the increased traffic which will be drawn %o the Boynton Beach Mall. there will be pressure ~o rezone the parcels in this area from residential to commercial use. Other than minor adjustments %o the e~tlng zoning district boundaries commercial zoning should no~ be allowed ~o ex=end westward along Old Boynton Road and Boynton Beach Boulevard. Ektending commerclal zonln~ along these thoroughfares would cause serious ~raffic congestion 5nd degrade the resldentiai envlronmenu in the adjacen5 neighborhoods. In partfcular, commercial zoning should no= be permitted on the residential lcts and small parcels which lie along Old Boynton Road ~o the northwest of the Florida Power and Light substation, and should no5 be permitted on the 3.87 acre ou5p~rcel lying along the ease side of the Palm Beach Lelsurevltle- One addition ~o the commercial zoning district LS desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light CO., aL the ncrtheas~ ~orner Df Boynuon Beach Boulevard and old Boynton Road be changed to Local Retail Commercial and the zoning changed ~o Neighborhood Commercial. The development of this pariel should be contIngent upon its being combined with the vacated right-of-way for Old Boynton Road. and the small triangular-shaped parcel au this ~ntersec%lon. and 5he rezonln~ of the combined parcels ~os planned commercial development. The northern 330 feet of the FPL property should be changed from Medium DenSlty Residential ~and use and R-2 zonlng to LOW land use/zoning change w6uld prevent duplex dwellings from being placed immediately next to a single-family neighborhood. The vacan~ ou%parcet which lies along the ease side of Palm Beach Leisureville should be limited to either s~ngle-family residential use, with a maximum density comparable to the adjacent portion of Leisureville, or to a low-intensity institutional use. Tambri J. h~ydeD~/ tjh A:OldBoyRd xc: Sue Kruse, Ckty Clerk TO: FROM: ENGINEERING DEPAR~ MEMORANDUM January 10, 1991 Christopher Cutro Director of Planning Vincent A. Finizio Administrative Coordinator of Engineering STREET ABANDONMENT REQUEST SUBMITTED BY RAYMOND J. POSGAY, ESQUIRE Please be advised that Old Boynton Road is a public rights-of-way owned by the Board of Palm Beach County Commissioners. It is my understanding that prior to granting an abandonment, the County hompels the applicant to obtain an abandonment for the County rights-of-way situated within the affected municipality, therefore the applicant should be advised during the abandonment process that City app:oval does not constitute an abandonment of a public rights-of-way which this City has no jurisdictional enforcement capabilities. Ail Utility Companys have responded to my December 17, 1990 request for information relative ~o this street abandonmenT. Their return corr.espondence is included herein for your review. It appears that Southern Bell has no-objection to said abandonment, Comcast Cabievision has no objection to the abandonment, however they state that should they be required to relocate their existing facilities, the applicant shall be responsible for the full cost of relocation, Florida Public Utilities Company has no objection to said abandonment, Florida'Power and Light has submitted to this office an objection to this abandonment request and based upon the content of their January 3, 1991 letter, it appears that costs associate~ with relocation (if approved by Florida Power & Light) may be too expensive for the applicant to bear. The Engineering Department, for the City of Boynton Beach, herezn recommends denial of the abandonment until such time as the applicant coordinates with Mr. Don Urgo, Account Manager for Florida Power and Light, P.O. Box 2409, Delray Beach, Florida 33447-2409, Telephone #(407) 265-3187. Additionally, the applicant should obtain an agreement with Comcast Cablevision that states if and when the abandonment is approved by the County that any future work along that subject property requiring relocation of existing Comcast facilities will be funded in full by the applicant. Should you require any additional information, please contact me at Ext. 488. VAF/c k ADDENDI~ F cc: J. Scott Miller, City Manager Sue Kruse, City Clerk attach: Comcast Cablevision, Southern Bell, Florda Power & Light & Florida Public Utilities Company · · P, O, Box 1~17~, West Palm I~aach, FL February 8, 1991 Tam, ri Heyde~ P.o. Box 319 ~oyn~on ~ach FL 33425-0310 Dear Ta~bri~ In response uo the letter (copy attached) dated, January 3, 1991~ from DO~ A~ Urge, FPL Account Manager. It seems that Mr. Urge did not re~li:ze ~ha~ FPL CO: was a co-petitioner in this process. His ¢On¢~r~s :h&d been considered and should not be a factor at =his The abandonment of the road is good for both M~. DOsgays~ client and FPL. Mr. Posga~ and FPL are aware that utility faoilitle~ exist Wi~hin ~he area =0 be abandoned road end may ne~d =o gr&nu the Dece~sary uttlit~ easements. I~ is the. desire of FPL that the process o~ absndonmenn continue =o completion. We will further addre~ th~ con=ems r~lating existing utilities as ~he need arise~. AS discussed on Friday, I will attsnd the meeting on Tuesday night in order to alleviate anF problems that may arise. Should ~ou have any questions, please feel free no call me a= (407)684-7210. Si~71~ ~ourg, C. D, Wes~ R~presen~&~ive Eastern Division 7~I)DEi~!)U!~ G ECEIVED pLANNiNG DF_.PT,. % HAYE'S-MACK INSURANCE BLDG. .LEGAL Lot 2, less the portion thereof lying within 40 feet of thc West line of Lot 1, and Lot 3, Block 4, and the West 25 feet of that portion of the r~ght-of-way kn'own as Coral Way abutting Lot 3 on the East in GULF STREAM ESTATES PLAT NO. 2, according to the plat thereof on file in the office of the Clerk of the C~rcuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 51, and The West 15 feet of Lot 1, Block 5, G~ F~ ESTATES PLAT NO. 2, according to the plat thereof on file ~n the office of the Clerk of the Cirauit Court in and for Palm Beach County, FlorJds, recorded ~n Plat Book 13, Page 51, and The East 25 feet of that portion of the right -of-way known as Coral Way abutting Lot 1, Block 5, on the West in GULF STREAM ESTATES PLAT NO. 2, according to the plat thereof on file in the office of the Clerk of the Cireu~t Court in and for P~lm Beach County, Florida, recorded in Plat Book 13, Page 51. TO: ChrlstopMer Cli~ro Planning Director THRU: Don Jaeger, Building & Zonln~ Dlrect0r SITE PLAN - HAYES-14ACK INSURANCE BUILDING Upon review of the above mentioned pro]acE, Lhe following izst cf cbmmenEs ~ausn be addressed mn order uc zonform wlth Boynton Beach Clty Sodas: 2. Amend the handicapped parking space detail drawin~ zc 1 blua pavemen~ sErlplng i1. specify on nhe plan that the hand~capped parking sign 3. Show ~he location, width, length and eleuat~on of ~he iev~l within the [ine-o~-sight nrlangles will be ma~nEazned to 6. The outline, configuration and ma~eriat ShOWn and identified on uhe project drawing(s) submitted with the planls for final slgn-off shall match ill every respec~ zhe colored drawingls] approved by the City Commission during the finish maEerial shown on 5he final s~gn-off plans shall be wkich shall match ~n every respec~ with the color(s; shown manufacturer's =olor chart showing and identifying all approved color,si shall be submitted with the plans for final sign-off. 7. submit landscape plans showing proposed ~nd exist~n~ landscaping. All landscaping muse comply with the present DEPT. ENGINEERING DEPARTMENT MEMORANDUM NO. 9t~18CC January 31. [991 TO: Christopher Cutro Director of Planning PROM: Vincent A. Finizio Administrative Coordinator of Engineering In accordanc~ with the City of Boynton Beach Code of Ordinances 2hapter 19. Section 19-17, Plan Required, including Cbap~e: 5, Article X, Soynton Beach Parking-Lot Reguiations~ ~e applicant ~or the above referenced project shall submit the following infor~atiod n~chnicai data, details and plan reviszons. Provide a photometric plan depicting illumination level~ within the parking facility. The photometric plan shall include all pavement areas including pedestrian walkway illumination levels. Section 5-142(a) ~nd Section 5-142(b). 2. Provide ~ plan d~picting the location of standard D.O.T. approved s~op szgns and associated details including a double line consisting of two normal solid yellow lines which will delineate the separation between travel paths in opposite directions where overtaking and passing ms prohibited in both directions, specifically at s~op bar locations. Section 5-14%%c) Traffic Control and Section 5~142(g) Traffic Control Standards which reference the Manual on Uniform Traffic Control, specifically Section 3A-7, Iypes of Longitudinal Lines, Subsection 3A-7,6. 3. Provide a landscape plan which compliments the site plan. The site plan indicate 90~ parking, landscape plan indicates angle parking. The site plan indicates a handicap stali situated at the exgreme southeasu corner of the proper=y, landscaping plan indicates it cen~er of east parking area. The landscape plan indicates a different geometry to the northwesg ingress/egress approach tha~ does non mirror the geometry of the site plan. Please revise all plan conflicts. Section 5-142(g) Construction Standards. Provide a detail for curbing and car stops which comply with the requirements sen forth in Section 5-t42(g) Curbing Standards and associated appendix. The ggnerainotes and specifications indicates the subgrade soils ~o be stabilized ~o a Florida Bearing Value of 50. Should the applicants Architect wish ~o diminish the cost of thi~ project, the Florida Bearing Value of 50 is nou required by Article X, Section 5-142 inclusive and may be deleted should the Architec~ or Design Engineer deem that action reasonable. Provide construction details for all ingress/egress approaches and obtain Palm Beach County approval for construction of ingress/egress ~pproaches within the Coun:y rights-of-way which shall be a prerequisite procedent to the issuance of permits for ~he construction of the subject parking facility. The southern ingress/egress approach is closer than 180 feet to the intersec~ine constituting the necessity for variance. Section 5-I42[h) Driveways. Provide a handicap stall detail which complies with the lastest requirements of the Department on Community Affairs and the iastest edition of the Accessibility Requirements Manual Section 5-142(k) Handicap Requirements. The site plan and engineering plans are to show Palm Beach County traffic signal pole, traffic controller box and Palm Beach County easement for traffic signal. Storm water r~tention pond is not ~o conflic~ with the traffic signal easement. Survey submittalrequirement of Chaptez 19 including Section 5-142(g) Contruction Standards. Section 5-142(f) Drainage and Section 5-i42[g) Drainage Standards inclusive, including Appendix C, Section 5A ~rainage and Stormwater Tr~%tment ~nd it The Engineer is to verify no change mn pervious area of the parkinE lot after dumpster realignmenu per Building Depar[men: com~nents. Vincent A. Finizio (~ Administrative Coordihator of Engineering cc: J. Scott Miller, City Manager City Engineer W. Richard Standinger Gee & Jenson, Engineers, Architects, Planner BUILDING DEPARTMENT MEMORANDUM NO. 91-40 February 2, 1991 TO: christopher Cutro, Planning Director THRU: Don Jaeger, Buildin~ & Zoning Director ~/ FROM: Michael E. ~aag, Zouing & Site Development Administrator RE: TRB Comments - January 29, 1991 Meeting SITE PITON - WOOLBRIG]{T PLACE (640 unit apartment complex with recreational facilities) Upon review of the above mentioned pro3ect, the following list of comments mus= be addressed in order To conform with Boyn~on Beach Clty Codes: Ail drawings and/or documents submitted for public record and prepared by a design professional, shall show original legible raised seal and signaEure of a,Florida registered design professiona/ responsible for the drawings/documents. Provide a copy of the South Florida Water Managemen= District permit that establishes the minimum finish floor elevation for all buildings. Identify on the site plan the established minimum finish floor elevation 8. Specify on the site plan that the units are apartments. Provide a horizontal control drawing specifying the location of all buildings in relation to the property line. Show and identify on the horizontal control drawing the horizontal separation distance between all buildings and accessory structures. Specify on the site plan that the main recreation center pool picket fence will have a maximum spacing of 4" between all vertical and horizontal surfaces Specify on the s~ne plan drawing that the pool enclosure gates are equipped with s self latching mechanism. Submit plans showing the sign program for the development, Sign program plans are required to be reviewed by the Community Appearance Eoard Submit three sets of plans, completed application and appropriate fee to the Building Department. specify and show the following en=ry wall sign information: i. setback distance from two (2) property lines ii. plan view drawing showing the length of the wall and signage !ii show and identify the source of illumlnatzon iv Provide a detailed full section drawing of the entry wall. Drawing to include the followlng information: location, 5!rpe, size and spacing of all vertical and horizontal structural material and components required Eo meeg the windlDads. ADDENDUM K RECEIVED FEB .~ ~ PLAN N h',/G DEPT. TO Christopher Cutro Re: Woolbrigbt Place Apartments. Memo ~ 91-40 February 1, 1991 Page Two of Four 10. Provide a detailed plan view and full section view drawing of the dumpster enclosure and pad. Identify the t~r~e, size and color of the material proposed for the~ sides of the encIosure. Specify the s~ze 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 opening4 Clear opening width must be measured inside of gate and post materiaI' or meet the Public Works Depar~m~nu spec/fications for siz~ of compactor enclosure. Where gates are proposed, '~pecif~3't~ m~thod of holdiRg the enclosure gates in the open ahd cl~sed position. 11. Show on the site plan the continuation of the drainage easement shown alomg the south property line. Relocate all bui,ldings located witk the easement. 12. Show'on. t~e ~1~ ~lan drawing, landscape plan and .... .en~he~ihg plan a n~twork of aidewalks located throughout the-sIt~ allowing ease ~h pedestrian traffic between all buiIdinga, site am~niIies connect~n~ to the sidewalk leadin9 to the public sidewalk along the street Specify the fbllowing sidewalk information: a) width, b) type of material, c) texture of the finish, d) slope (when the slope ..... is 9]Yeater than I ~o 20 provide ~he required handicapped railings). .~3~__Show on each t~ical floor plan drawing the location width. ~%~ *t~ngth and elevation of the level platform that is, required at the entrance to each handicapped unit. Show the same ~.~:=~.platform at the following locations: ~ i. entrance to all recreation buildings ii. including the pool entrance iii. exterior entered restroom facilities iv. mail box and vending machines Provide a note a~ all pool deck areas stating that all deck surfaces meet the requirements of the handicapped code. Specify that 1 to 20 is the maximum slope for all pool decks. v vii 14. [dentify on the site plan the location of the 32 handicapped aparEmen~ units by stating the building number and unit designation 15. Show on the plans the appropriate aumber of parking spaces for the recreation area and amenities as required by Appendix A Zoning, Section 11 H 16. Show on the site plan drawing the location of and an elevation view drawing of the site lighting pole and fixture. Show the following site lighting information: i. specify that the fixture is photocell activated state that the pole, pole base and fixture is designed to withstand a 120 MPH windload iii. specify the type of luminary iv. show the light contours and specify their foot candle light level specify, where applicable, shields to deter off-site glare show the height of the pole and fixture matching the height specified on the photometric drawing(s) specify the depth of the pole and/or pole base provide a detail drawing of the pole base showing and specifying the required ver~1cal and horizontal structural materials and components show the distance from the grade to the top of the pole base position light poles t~ avo/i~conflict with drainage and landscaping material t~ / To Christopher Cutro Re: Woolbright Place Apartments. Memo ~ 91-40 February 1, 1991 Page Three,of Four 17. Specify on the plans the color of the following finish material: l~,SUpport$ for'pool awning ii, wood,trellis a~ main recreation buildings lZZ. glass block .zy. glass 18. Specify the slope of all roofs. 19. The 6dtIine, configuration and material shown and identified on tee pro3ect drawing(s) ~ubmitted with the plan(si for final-sign-off shall match la every respec5 the colored drawing[s) approved by the City Commission durin9 the approval,process of the project. The c~lor of each exterior ~inish material shown on the final sign-off plans shall be idehtffied'by name, color number and manufacturers name which shell match in every respecL with the color(s] shown oh~he drawing(s) appr6ved'by the city Commission. A · ah~f~ct~rerts]~olor chart showing and identifying al/ approved 6olor[s) shall be submitted with the Flans for fin~I~sign-off. 20. Specify the ele=ation of the 5ennls cour=. Show and identify the handiqapped accessible walkway leading to the courts from all buildings. 21. Show on the site plan a Eypical detail drawing of a regular parking space. Drawing must include the following information: 22. 23. i. specify the length and width il. show the s~ze and confzguration of the pavemenu markings zii. specify the color of the pavemen~ markings white for asphalt black for concrete) iv. location of wheel stop or concreEe curb Relocate the meuer rooms shown within the garage/suorage building(s). The spaces where the meter rooms are located have been calculated as parking spaces to meeting the aparEmenE unit parking requirements. ~imension the width of the garage door and the interior width and length of the garage parking space. show on the s~te plan a ¢YPical 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 11. dimension the width and length ii~. show and identify the s~ze, location and configuration of the handicapped pavement markings iv. specify the color blue for the pavemenu markings v. show the location and identify the height of the handicapped parking slgnage (7 foot from grade to the botto~ of the sign) vi. specify the elevation of the parking space surface a~ each handicapped parking space. v11. show and dimension the width of the 5 feet wide access aisle that is required to abut all handicapped parking spaces ~one aisle may be placed between and serve (2) handicapped parking spaces~ viii. specify and show the following aisle information: a) slope b~ slope of flared sides RECEIVED c) uype of material d) texture of finish e) length ~8 4 f~ PLANNING DEPT. To Christopher Cutro Re: Woolbri~ht Place Apartments, Memo = 91-40 February 1, 1991 Page Four oi Four ix. show the ~equired handicapped accessible walkway that leads to the entrance of the building from the 5 foot access aisle. Specify and. show the following walkway information: a) slope for the entire length bi texture of the finish c) total length d) cross slope el width f) type of material location, height, material and configuration of handrail where =equired 24. specify on the plan that there will be a handicapped curb cuL/ramp where all sidewalks intersect vehicle traffic areas. Show on' th.e plans the location of the traffic control signs andC~agement markings. Prouide a detail drawing of the sign and markings drawing to specify type, color, slze and methods of installation. 26. 27. 28. 29. show on the plan the location and type of raised curb required to protect the landscape material, Provide a detail drawing of the curb meeting the city standards. Show on the landscape plans th% location, type, size and spacing of the landscape material that was approved by the City commission during the approval process of the pro3ecE. (reviewed Community Appearance Board plans 5nd Master Plan buffer area landscaping plans) State on the p~ns that the landscape material will be irrigated with an automatlc water supply sysLem. Specify the water supply source. Specify how many trees are to be retained in every site identified to total 651 trees. 30. Specify the ~ype of mulch material to be used and it's thickness when laid. 31. shrubs planted Lo screen rights-of-way need Lo be 3 feet high at ~ime of planting~ 32. specify the type and location of the sod to be used. Delineate extent of sodding for the whole development. 33. A~end the following statistic sheet data co reflect the apartment unit layout as shown on this typical floor plan drawings: Dwelling Unit T~es; number of bedrooms specified within each different type of dwelling unit. Building Types; total count of each type of dwelling unit within each =ype of building. 34. Provide a 5 foot high buffer south and west of the developmenu abutting Industrial Access Road and Track F as dedicated on the plat to separate residential developmenss from commercial and industrial developments. WOOLBPL.SDD cc: Site DevelopmenL ~ivision /? ENGI~F~ING DEPArTMEnT MEMORANDUM NO. 91-O21CC January 31, 1991 TO: Christopher Cutro Director of Planning PROM: Vincent A. Flnizio Administrative Coordinator of Engineering In. accordance with the City of Boynton Beach Code of Ordinances, Chapter 19, Sectio~ i9-17,. PIAn Required, including Chapter 5, Article X. Boynton Beach ParkingT~ot.Regulat!6ns, the applicant foz the above referenced project shall submit'~he fdllbwing informati6n, technical data, details and ~lan revisions. A parking facility lighting pla~ is to be provided by Florida Power & Light according co the applicant. This plan shall include photometrics and must be submitted prior co approval. Florida Power & Light must include standard poles proposed, photo cell activation, notations, including depth of embe~ment. Additionally, pedestrian waikwa~ lighting shall be indicated on the plan with associated photometrics. Ail plans must be provided prior ~o approval so that conflicts with proposed utilities, parking, drainage, e~c. can be checked. Section 5-142(a) Required Lighting and Section 5-142(b) Pedestrian Lighting, including Section 5-142(g) Lighting Standards. Signage is not per code. Provide internal directional arrows and striping'in accordance with Section 5-142[c) Traffia Control. Provide signage details to include type, m~unting height, etc. At stop bar locations, provide iong~tudinat lines in accordance with the Manual on Uniform Traffic Control Devices, Section 3A-7 (6), a double line consisting of two normal solid yellow lines which delineate the separation between travel paths in opposite directions where overtaking and passing is prohibited in both directions. Indicate on plans the location of all raised continuous concrete curbing. Curbing shall be provided at all landscaped islands, including landscaped areas adjacent to ~arking stalls, including driveways and curvildnear roadway sections - where encroachment is likely to occur. Provide a detail for curbing in accordance with Section 5-142(e} Require~ Curbing and Section 5-142(g) Curbing Standards. Additionally, car stops shall be provided at those standard and handicap stalls that do not front raised continuous concrete curbing. Provide curb interruptions ~o facilitate drainage treatment in accordance with Section 5-142(e) Required Curbing and Car Szops. kll s~ormwa~er inlet gra~es are ~o be relocated into grassed areas adjacent co the flumes near the entry roadway and there shall be an approximate distance of five to gen~feet distance separation between said flumes and the inlet grate. Section 5-14g(f) Required Drainage, Section 5-142(g) Drainage Standards and Appendix "C" Subdivision and Platting Regulations, Article X, Section 5A & B Stormwater and Drainage Pretreatment. this tract for the PCD adjacen~ to Woolbright Place PUD, Plat ~1. The mote is ~emoved from the site plan until the PCD drainage is approved by South Florida There will be no Engineering sign-off on the plans until the above condition E~GINEE~,ING DEPA~'~2T~ MI~IOP, ANDUM NO. 91-~21CC con't. T.R.B. C~R~M~frS - P~E I ~UND P~E II OF %~OLBRIG~ PLACE, P.U.D. 6. Indicate on plans a 2~ foot typical radii which shall be iddded :o subject plans.for all driveways and all radii on site. accordance with Section 5-t42[i) Parking Lot Lay.ou:. 8. Parking garages shall be subject to Building Depargmen: apgroval. Section 5-142(j,. Provide parking lot striping details for standard and handicap stalls in accordance wi:h Section 5-14211) Required Parking Lot Striping and Section 5~142(g~ Pamking Los Striping Standards, All handicap ~talls shall be striped in accordance w~th the latest editio~ of t~e Department on Communigy Affairs Accessibility Requfrements Manual. i0. The applicant has indicated they are seeking relief from the required construc- tion of the Industrial Access Roadway "Morton's Way". This roadway will have [o be constructed or an alternate Fire and Emergency Access Roadway (only if legal relief ia obtained hy the applicant), within the Industrial ACCESS Road right-of-way from S.W. 8th Street ~o the S,E. corner of subject property =before ar~y units can be issued Building permits. Vincent A. Finizio Administrative Coordin~r of Engineering ~S:VAF/ck cc: J. Scott Miller, City Manager W. Richard Staudinger Gee & Jenson Engineers, Architects, Planners. MEMORANDUM Utilities #91-052 TO: FRCM: Christopher Cutro, Fla~_lng Director ~JoHn A. Guldr¥, Director of Utilities DATE: January 30, 1991 SUBJECT: TRB Revlew Checklist Only Woolbright We can approve this project, subject to the Place P.U.D. Apts. following conditions· 1. Add a second valve on all hydrant lines whenever the hydrant is greater than 20 feet from the main line. 2. Show all utility easements, width to be 12' or twice depth whichever is greater. Meters, fire hydrant~ and gravity sewers, trunk lines must be within easements. All PVC gravity sewers within easements must be SDR18, Reduced pressure backflow preventers will be required on specific water services. Indicate location, model and size <pool, clubhouse, car wash, trash compactor). We recommend dual units in parallel so service is not interrupted during testing· Irrigation is not to be supplied by City water. Sewer cleanouts are required at a maximum spacing of 75' on private sanitary sewer services. P.V.C. sleeve is required on water services running under pavements. All water mains shall be looped. avoided· See F.H· #15. Dead end runs are to be Regarding the force mains to be abandoned, the pipe should be completely removed under any buildings and any pipe abandoned in place must be plugged. Force mains are to be relocated by developer as part of this project clarify responsibilities on plan. Page 1 of 2 10. 11. 12. 14 15 16. 18 20. Inside drop wil] not bn allowed. of new M.H. in trunk line. Recommend construction Paving of lift ~tation access to be included in this project. Adjust water ~m~ter lo.cations or grass island to eliminate corresponding easements to 2' beyond pavement edge long public services and Details of all conflicts must be shown on plans lndicatinc whether water main and sewers cross over under conflict pip~, and provide elevations. or is 1~ than 1R ' must b~ D.I.P. Detail valve box mn 2" s~rvices in paved areas: valve box must rest or blocking. 6" water main along east property line should be moved into the easement. E×pla~n discrepancy between drawing 8 of 13 and Sp-1 regarding location of e×isting sanitary sewer within easement. 40' Note 31. pg. 7 of 13. sanitary sewer system, general notes, D.I.P. must extend to undisturbed soil or 9' min, Note 15, pg. ? of 13, sanitary sewer system, general no~es-, C900 P.V.C. req'~ired to the limits of the easement. cw xc: cc: Michael File Kazunas, Asst. Utility Engineer Page 2 of 2 ADDENDIIv[, N TO: THRU: FROM: DATE: SUBJECT: PLANNING DEPARTMENT MEMORANDUM NO. 91-031 Chairman and Members Plannlng and Zoning Board Planning Director Tambri J. ~eyden Assistant City Planner February 4. 1991 Woolbright Place PUD - Site. Plan (Apartmenes Pfle NO. 571 Please he advised of the following Planning Deparumen~ rommen~s with respecE Lo the above-referenced requesm for slue plan approval: Provide a graphic scale on-all drawings. Slte u~an application, page 5, item Revise no~e on drawings which indlc~es a five foot wide jogging trail along Morton's Way industrial access road) rather than a~ eight foot wide_bike path as previously approved on the Woolbrmght Place final plat cons~rucLlon plans. Provide a dimension for the minimum width [five feet~ of the landscaped islands within the parking areas. Chapter 7.5, Article-TI, Section 7.5-35(g). Indlcate the acreage of each lake. It is recommended that a buffer zone of native upland vegetation including naL~ve canopy, understory and ground cover be established around any lake over .5 acres ~n size. Comprehensive Plan, ConseruaLlon Element and Policy 4.4.3. Volume 1, Conservation Element Support Documents. Revise the list of recreational amenities to be provided Lo receive 1/2 credit towards the parks and recreation dedication fee and modify drawings accordingly. AS agreed by the applicant during a February 4, 1991 meeting with staff, the five amenities Lo be provided will be a clubhouse with two satellite recreation buildings, tennis courts, swimming pools, children,s play area With apparatus and a family picnic area. 6. AS was agreed aL the February 4, 1991 meeElng with sLaff, a multi-purpose room is to be added to each satellite recreation building in order to classify these buildings as recreaLion buildings for parking calculation purposes. 7. Provide an mnLernal pedestrian sysLem which links the dwelling units Lo the recreational amenities. 8. NO clearing of phase II shall occur until the applicant and the City have agreed on a plan to revegetate the north 60 feet of the development by relocating existing, naLive ground cover, shr[~bs and trees. This buffer detail plan shall be comparable ~o the buffer Lrea~ment secLson prepared by Kilday & Associates, dated 5/8/90, that was approved as parL of the latesL master plan modification. Relocation de=ails will be finalized aE a later date. 9. Delineate the 25 foot landscape buffer along the Seaboard Airline Railway as shown on the Woolbright Place final plat and the latess, approved master plan dated 10/30/90. /7' PLANNING DEPARTMENT MEMORANDUM NO, 91-031 ' TO: Chairman and Members, Planning and Zoning Board SURJ: Wootbright ~iace PUD (Apar~menss - s1Ee Plan DATE: February 4, 1991 10. Revlse the landscape plan ~o reflecu the nose on the latest master plan whiqh s=ates that a row of trees and shrubs shall be installed along the western side of the drainage ditch within the required 25 foot landscape buffer 5~ screen the neighborhood from the railroad 5rauks. Tambri J. He~en //- tjh RECREATION & PARK MEMORANDUM ~91-031 TO: FROM: RE: DATE: Tambri Heyden, Assistant City Planner John Wildner, Parks Superintendent~ Woolbright Place - Site Plan February 1,~ 1991 The Recreation and Park Department has reviewed the site plan for Wootbright Place. Based on Section 8, Article IX, Appendix C - Subdivision Code, the following information is submitted: The developer has indicated his application for 1/2 credit towards the recreation land dedication requirement based on the provision of private facilities: a. Recreation Center b. Tennis Courts (2) c. Running Path d. Pools (3) e. Volley ball courts with Running Path pos~s & ne~s (4) Additional specifications must be provided as to the construction of the running path to ensure that it be a permanent, maintainable structure. At a m~nimum, it should be posted as to length. It may be combined with exercise apparatus. The area indicated for the path appears to be through environmentally sensitive lands. It should be relocated ~o less sensitive areas or another recreation element provided instead. Suggested elements include a childrens play area or picnic areas. 3.. Volleyball Courts No indication as to court surface is made. Since another game court area is being provided (tennis courts) some other recreation element should be considered. Possibly a hard surface volleyball court could be combined with a landscaped quiet area or family picnic area. If childrens play apparatus or-similar park equipment provided, specifications must be listed indicating industrial quality equipment will be used. is CC: Charles C. Frederick, Director, Recreation & Park Dept. JW:ad .[ ~ ADDENDE~ Q BUILDING DEPARTMENT MEMORANDUM NO 91-36 January 29 1991 ?o: Chr!stopher Cutro Planning Dlrector THRU: Don Jaeger, Building & Zoning Director. FROM: Mlchael E. Haag, Zoning &Slte Developmen~ Administrator RE: TRB Commen~s - January 29. [991 Meeting SITE PLA~ MODIFICATION - OAKWOOD SQUAP~E (demolition of Centrust to be replaced by T.G.I. Friday's Restaurant) Upon review of the above mentioned prolecz, the following list oi comments must bs addressed in order to conform winh Boynton Beach City Codes: All drawings.and/or documents submitted for public record and prepared by a design professional shall show orlgihal legible raised seal and szgnamure of a Florida registered design professional responsible for the drawings/documents Specify on the site plan the finish floor elevation of the building. Specify on the plan the number of total seats proposed for the restaurant. Show and specify on the plan the setback distance from the west property line to the proposed building. State on the plan the ~istance from the proposed building to the adjacen5 bulldings~located to the north and south. Provide a note on the elevation, drawing that all signage shall comply with the uequlrements of the sign code Provide a detailed plan view ~nd full section view drawing Df the dumpster enclosure and pad. Identify the type, size and color of the material proposed for the sides ~f the enclosure. Specify the s~ze and type of all required vertical ~nd horizontal structural material and components for the enclosure walls and associated pad. Identify the overall hfight, width and length of the enclosure. Show ten feet 10 clear minimum width-of the enclosure opening. ~lear opening width mus~ be measured inside of ga~e and pos~ material or meet the Public Works Departmen~ specifications for smze~f compactor enclosure. Where gates are proposed, specify the method of holding the enclosure gates in the Dpen and ~losed positLon. 7. Provide a distinguishable symbol on the plans that clearly identifies the difference between all existing landscaplhg/lrrigatlon and proposed new landscaping/irrigation for the area where the new parking s~ace is [ocated along Congress Avenue. Also show where the exls~ln~ ~andscaping.will be relocated. 8. Provide o~ the s~me plan a typical detail drawing of a regular parking space. Drawmng musu include the following information: 1. specify the width ~ show the size and configuration of the pavemen~ markings Jim. specify the color of the pavement marki~ [white for asphalt, black for concrete) iv. location of wheel s~op or concrete curb ~~ To Christopher 2utro Re: Oakwood Square, Memo ~ .91-36 3anuary 29 1991 Page two of Three Enclude on the slue plan drawing a detailed elevation view drawing of the proposed sise lighting pole and fixture, show and specify the following'pole and ~ ~ i. specify that the fixture is photocell ~cslvated il. s~ane that the pole pole base and fixture zs designed ~o withstand a 120 MPH windload ill. specify the type of luminary iv. show the light contours and specify their foo~ candle light level v. specify, where applicable, shields 5o deter off-site glare vi show the height of the pole and fixture ma~ching 5he height specified on the phoEometrlc draw~n~ vii specify the d~pth of the pole and/or pole base viii provide a detail drawzng of the pole base showing and specifying the vertical and horizontal s~rucEural maserlals and components · v show the d~suance from the grade 5o the uop of the pole base [3. The outline, configuration and material show/1 and identified on the pro,ecu drawlngls~ submitted with the plan s) for final sign-off shall match in every respecu the colored drawing(s) approved by the City Commzsslon during the approval process of the proiecE. The color of each ex%erlor finish material shown on the final sign-off plans shall be identified by name, color number and manufacturers name which shall match zn every res~ecE with the color(s shown on the drawln~[s approved by the City Commission. ~ - manufacturer's color chart showing and ldentifyzng all approved colorlsl 'shall be subml=Eed with the plans for final s~gn~off. Specify the color of the glass and window ~rlm shown on the wesE elevation. This pro3ecu will be reviewed by the CommunlEy Appearance Board for general compatibility and aesthetic consideraE~n with respec£ uo existing architectural design, Slgnage and landscaping aE the SlUe. Show on the s~e plan a u~ical detail drawing Df the handicapped parking space and accessible rouse leading =o the building enurance. Drawing shall include the following informaE~on: 1 show and identify the size. location and ~onfiguratlon of the handicapped pavement markings specify the color blue for the pavement markings show the location and identify the height of the handicapped parking slgnage (7 foot from grade to the bottom Df the sign iv. specify the elevation of the parking sF~ce surface a= each handicapped parking space v.~ show and dimension the ~equlred 5 foot wide access aisle tha~ is required ~c abut all hand~capped parking spaces and leads to the surface of the adjoining walkway vi. specify and show the following aisle informa=lon: a) slope b) slope of flared sides type of material d) texture of finish e} length RECEIVED FEB · ~ I PLANNINGDSPT. To Christopher Cutro Re: Oakwood Square, Memo = 9!-36 January 29 1991 Page Three of Three vii. show the required handicapped accessible g~sh leadln~ 5o the en5rance Df the bulldin] from the =dge of the ~oucrese walk ~t the handicapped access aisle. Specify and show the following ~oncreEe'walk information slope for the enslre length b) texture of the finish c] total length cross slope handrail where required the walk-in cooler, . Revlse the total square footage identified w~thmn the s~ue data information Compute the uotal building area by adding all of the areas shQwm On zh~ site plan. include the ares for the sew walk-in cooler. State and show Dn the else plan the required number of parking spaces and number of parking spaces provided uszng the following raLlO: pne i parking space for each 200 square feet of gross flcor area. Revlse the pornmon o~ the slte plan drawing showing the parking spaces along the SOUth properny line Ec show the actual number ~f 33 sp~ces. The plans specify tha -t~=~here are 33 spaces, your drawin] shows 35. and the 5ctual coun5 a5 The new landscape plan mus5 reflect the approprza~e percennage of nas1ve speczes landscape materlal. 5C% sta~e 3n the plans that the landscape manerial will be irrigated with an ausoma~lc waLer supply sysLem. Specify the wauer supply source, 20, The ~ew landscape ~lan must reflect the approprla5e percentage o~ naslve species landscape mater~al. (50% 21. state on the plans that the landscape material will be waser supply source. OAKWDSQ, SDD ENGINEERING DEPARTMENT MEMORANDUM NO. 91-022CC January 31, 1991 TO: FROM: -RE: Christopher Cutro Director of Planning Vincent A. Finizio Administrative Coordinator of Engineering TECHNICAL REVIEW BOARD COMMENTS TGI FRIDAYS In accordance with the City of Boynton Beach Cod~ of Ordinances, Chapter 19, Section 19-17, Plan Required, inci~ding Chapter 5, Article X, Boynton Beach Parking Lot Regulations, the applicant f'or the above referenced project shall submit the following information, technical data, details and plan revisions. Applicant shall provide a parking facility lighting plan with associated photometrics to include details for fixture types, mounting heights and a note specifying photo cell activation. Additionally, the photo metric plan shall indicate illumination levels along pedestrian concrete walkways. Section 5-142(a) and Section 5-142(b). 2. Provide section details for all paved areas including asphalt specifications and standards for materials. Section 5-142(g) Construction Standards. The plans shall be revised to indicate the location of handica~st.alls in ~roximity to the main entrance. Handicap stall striping shall meet the standards set forth within the lastest edition of the Department on Community Affairs Accessibility Requirements Manual. Section 5-142(k) Handizap Requirements. The applicant is to provide the restriping of the 60 standard parking stalls associated with this improvement. Section 5-142(o) Parking Lot Maintainance. Parking Lot striping shall commence and be completed prior to issuance of a Certificate of Occupancy by the Building Department. END OF TECHnICAl. REVIEW BOA_RD COM~ENTS Vincent A. Finizio O Administrative Coordinator of Engineering City Engineer W. Richard Staudinger Gee & Jenson Engzneer~, Architects, Planners, WRS:VAF, ck ADDENDLiViR TO~ THRU~ FROM: DATE: RE: PLANNING DEPARTMEN~ MEMORANDUM NO. 91-028 Chairman and Members Planning and Zoning Board Christopher Cutro, AICP Planning Director Jorge L. Gonzalez Assisnann City Planner February 1. 1991 oakwood Square ~Demo/ition of Centrust by TGI Fridays's Restaurant) Site Plan. Modification File No. 573 Bank 5o be replaced Please be advised of nhe following Planning ~lnh respect to the above-referenced request modification approval: Department commenns for a sine p~an 1. Add a graphic scale to all plans drawings submitted, 'Site plan application, page 5 item 21 2. A floor plan for the proposed resnauran5 muse be submitted. (Site plan application, page 5. i~em 11' 3, Correct the "Zoning District" on page 3 of the sine plan application and site plan to read "C-3.'' A sine plan modification will be required for any~utnre expansion no mhe resnauranm. As a result, revise the traffic study no delete the square feet of funure expansions no the resnaurann. (Chapner 19, Article II, Section 19-17) Make the necessary revisions ~o ensure that the square feet notal shown for the enzire shopping cenner is the same in the traffic study, sine plan, and site plan application, Revise any page(s) of the site plan application which may change as a result of a change in the layout of the site. Attachments a: tgi.spm