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Minutes 01-08-91MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 8, 1991 AT 7:30 P. M. PRESENT Maurice Rosenstock, Chairman Jose' Ag uila Nathan Collins Murray Howard Daniel Richter David Beasley, Alternate (Voting) William Cwynar, Alternate (Voting) ABSENT Gary Lehnertz, Vice Chairman (Excused) Cynthia Greenhouse (Excused) Chris Cutro, Director of Planning Tambri Heyden, Assistant City Planner Jorge Gonzalez, Assistant City Planner Yamile Trehy, Asst. City Attorney Chairman Rosenstock called the meeting to order at 7:30 P. After the Pledge of Allegiance to the Flag, he recognized the presence in the audience of Commissioner Arline Weiner and Marina Haberman, member of the Code Enforcement Board. Mo AGENDA APPROVAL Mr. Beasley announced that he would be abstaining from voting on item 2, "PARKING LOT VARIANCE, Abita Springs Water Co., Inc.," which appeared on the agenda under "NEW BUSINESS, PUBLIC HEARINGS", because he drew the plans. The agenda was approved as presented. APPROVAL OF MINUTES Minutes of December 11, 1990 Mr. Ag uila called attention to the third line on page 3 and said the vote on whether the Board should have full size plans was not passed unanimously. It was a 6-1 vote. Mr. Richter moved, seconded by Mr. Beasley, to approve the minutes as corrected. Motion carried 7-0. - 1 - MINUTES - PLANNING & ZONING BOARD MEETING BOY'TON BEACH, FLORIDA JANUARY 8, 1991 COMMUNICATIONS AND ANNOUNCEMENTS None. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS CONDITIONAL USE 1. Project Name: Agent: Owner: Location: Legal Description: Description: The Hair Garden None Helene C. Harrington 1100 South Fedsral Highway (approximately 12 feet north of the intersection of South Federal Highway and Castilla Lane) Lots 1 and 2, less the W. 15' thereof, PARKER ESTATES, a subdivision of Boynton Beach, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10, page 37 Request for conditional use approval to allow for the establishment of a 450 square foot beauty salon within an existing office/retail building Ms. Heyden made the presentation by reading from the Planning Department's Memorandum No. 91-003 (Addendum A attached to the original copy of these minutes in the Office of the City Clerk). Based on the fact that the proposed beauty salon will not exacerbate existing conditions on the site or adjacent properties, the Planning Department recommended that the request be approved, subject to the following comments: Engineering Department "In accordance with the provisions set forth in the City of Boynton Beach, Code of Ordinances, specifically Chapter 13, Section 13-16, the applicant for the above referenced project shall seal coat and restripe their parking facility. The parking facilities shall be restriped in accordance with - 2 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 the City of Boynton Beach Parking Lot Regulations and the most current edition of the Department on Community Affairs, Accessibility Requirements. Based upon the nominal impact of this small hairdresser's shop, the Technical Review Board has determined that the applicant shall not be responsible to modify the entire site to code." Planning Department Based on traffic flow issues raised by the Technical Review Board, it is recommended that the permit plans submitted for restriping reflect an egress, pavement arrow at the end of the rear driveway and a do not enter sign at the southwest corner of the building to discourage use of the rear driveway as an ingress point to the front parking area." Mr. Aguila had the impression Engineering was recommending that the site be restriped; but when he read Memo No. 90-306CC from Vincent Finizio, Administrative Coordinator of Engineering, he had the impression the applicant should not be responsible to do it. Be questioned whether they were asking the applicant to restripe or not. Ms. Heyden answered that the restrlplng was still being required. She informed Chairman Rosenstock that Mrs. Harrington attended the Technical Review Board (TRB) meetings and was aware of that. Mr. Richter had no problem with this, if the applicant agreed to the staff comments. Mr. Beasley attended the TRB meeting. Be apprised the Members that Mrs. Harrington was there and agreed to everything. Dana Littlefield, representing his wife, Gall Littlefield, stated that Helene Harrington owns the building. Be believed Mrs. Harrington had agreed to comply with every- thing the City requested. Forms Which Are To Be Attached To Site Plan Applications Chairman Rosenstock believed he was the one who requested that all applicants sign a form provided with the site plan application, saying they will comply with all of the plans and specifications requested by the City and the TRB. Helene Harrington's form did not state her position, and it was hot notarized. As far as Chairman Rosenstock was concerned, it was not worth the paper it was written on. - 3 - MINUTES PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD MEETING JANUARY 8, 1991 Chairman Rosenstock noticed Curt G. Joa's form was not even signed. He requested that in the future, Mr. Cutro contact the City Attorney and see how the City Attorney wants the forms notarized. ~e presumed the City Attorney would want a title or corporate seal and make sure it is an enforceable document. Mr. Cutro reminded Chairman Rosenstock this is a new form that has been added, ge had a feeling people do not even know they are there. After elaborating, Mr. Cutro said he will make sure this is taken care of from now on. As n~ one wished to speak for or against the request, THE PUBLIC HEARING WAS CLOSED. Mr. Richter moved to approve the request, subject to staff comments. Mr. Howard seconded the motion, and the motion carried 7-0. PARKING LOT VARIANCE 2. Project Name: Agent: Owner: Location: Legal Description: Description: Abita Springs Water Co., Inc. Efram Pesyna VRT Corporation 3030 S. W. 13th Place (southeast corner of S. W. 13th Place and S. W. 30th Avenue) A parcel of land lying in the W½ of the NW~ of Sec. 5, Twp. 46 S., Rge. 43 E., Palm Beach County, Florida Request for a variance to Secs. 5-142(f) "Drainage" and 5-142(a) ~'Lighting" of Article X-Parking Lots. Ms. Heyden made the presentation by reading from the Planning Department's Memorandum No. 91-001 (Addendum B attached to the original copy of these minutes in the Office of the City Clerk). The TRB recommended that the lighting variance be denied and that the drainage variance be approved, subject to gutters being installed and swales being constructed along the green areas, both along the right-of-way and on the site, as detailed in the staff report (Addendum B), sub- ject to staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addendum C and also subject to the following comments: MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 Police Department "Parking lot lighting is not acceptable. Present lighting system presents night vision problems for officers and a hazard to their safety." Mr. Howard read in the Engineering Department's Memorandum No. 90-310CC that the applicant had not yet complied with all staff comments provided within the Engineering Depart- ment's TRB memorandum dated October 26, 1990. (See Addendum C.) Ms. Heyden informed him that was the reason for the variances. Mr. Beasley added they would not be ~Dle to complete the sign off procedure without the variances. Mr. Cutro asked that Mr. Beasley identify himself, as he would not be voting on this project and was answering ques- tions about the plans. (See page 1, "AGENDA APPROVAL", regarding Mr. Beasley's conflict of interest.) David Beasley, 118 S. E. 4th Street, stated he prepared the plans for the project. Ef~am Pesyna, representative of VRT Corp.oration and also Vice President and General Manager of Abita Springs Water Co., Inc., 2301 SoUth Congress Avenue, Boynton Beach, FL 33435, came forward. It sounded to Chairman Rosenstock as though Mr. Pesyna was willing to com~ly with one, but it sounded like he was not wiltina to comp~ly with the one regarding lighting. Mr. Pesyna was will'ing to comply with the lighting, but he wanted to bring up h~is candle power. He wanted Mr. Beasley to elaborate on that. Mr. Pesyna stated they were having a problem with the Police Department. They were for doing whatever it would take to bring the security of the building up. Mr. ~esyna said it is a low travelled area, and they do not oper~ate at night. They sh~t down at 4:00 P. M. They have five photocells and the candle power required by the City. They need to add two light~ to bring it up to the new Code. Mr. Pesyna continued by saying the Code says the lights must be on poles. ~e wanted to add the lights to the build- ing. They had a Light Engineer come on the site and in order to obtain the proper lighting, they need to add two lights on the north side of the building and three lights on the west side of the building. The lights will be angled, so as ~o direct the lighting down towards the parking lot in a manner that will not obstruct Law Enforcement Officers in their duties. Mr. Aguila questioned whether Mr. Pesyna was willing to go through the expense of putting the fixtures on the building, having them analyzed, and if they are found to be MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 inappropriate, going through the expense of putting them on poles. Mr. Pesyna answered he had already gone through the expense of having it analyzed. Mr. Beasley had the paper- work where they analyzed the site development, and they have a grid laid out for the candlelight power. Mr. Pesyna stated he has four existing lights on the building and needs to add fi~e more lights. If Mr. Pesyna finds the lighting is not acceptable to the Police'Department, Mr. Pesyna assured Mr. Aguila he will have no problems with moving it. It had already been said if they can readjust them, it will be acceptable by the Police Department. Mr. Beasley inter- jected th-at he talked to Lt. ~ammeck about it. Attorney Trehy had a question about Mr. Beasley making a presentation. Chairman Rosenstock recalled that in the past, individuals sitting on the Board who were involved in a project were allowed to make comments but not vote. Attorney Trehy advised that Mr. Beasley should abstain from voting. Before the meeting, she did not know there would be conflict, so she had not ch~cked to determine whether Mr. Beasley should be making a presentation before the Board he sits on. As it might be improper, Attorney Trehy preferred that the Agent make the presentation. Mr. Pesyna went to the overlay, showed what was being done, and described the lighting the Lighting Engineer recommended. The bulbs would be directed down, and they would exceed the City's lighting requirements. If he cannot please the Law Enforcement Officers, Mr. Pesyna said he will fix the lighting. He just wanted the opportunity to try to fix it this way. Chairman Rosenstock asked Mr. Finizio to come forward, as he understood he was the Administrator of the Engineering Department. Ne asked whether Mr. Finizio had any objection to what was being proposed. Mr. Cutro advised that Richard Staudinger, P.E., of Gee & Jenson was present. Mr. Finizio stated he was not making a critique of design. He was making a critique, based on the City Code. Mr. Finizio said lighting directed toward the streets provides a night vision problem for Patrolmen, as lighting is directed towards their faces as they approach the site. If the light- is directed downward, they will probably be illuminating the parking stalls immediately adjacent to where the lights are l~cated. Parking stalls are also on the extreme side of the parking lot, and the City Code states that not only should the parking stalls be illuminated, but the pedestrian MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 walkways that serve the facility should have a suitable level of illumination to provide for safety. The Code makes a reference in Sec. 5, 142(g) that the preferred system is post mounted, perimeter lighting. Although Mr. Pesyna stated he wanted to far exceed the Code, Mr. Finizio said it may not be in the best interest of the City. Mr. Pesyna emphasized that a Lighting Engineer told him he could maintain what the City was asking him to do. The Engineer is a specialist in lighting. Mr. Finiz~o apprised the Members that the information the applicant said he had was not provided to his office, so he could not forward it to Gee & Jensom for analysis. If the applicant was willing to state that if the light levels pose no glare on all of the adjacent right-of-way and if the applicant was willing to submit a light ~evel plan that would c~mply with the City of Boynton Beach and which would satisfy not only the Police Department but the Engineering Department's specifications relative ~o Code compliance, Mr. Finiz~o thought Mr. Pesyna should be granted some consideration. He did not know why Mr. Pesyna was looking for a variance, when he was now stating he was willing to comply with the Code. Richard Staudinger, P.E., Gee & Jenson, stated if the applicant had a plan he could look at, he could tell whether the system will allow the lighting at the edges o~ the park- ing lot and on the pedestrian access routes per Code. He stated the Police Department should comment on the question of glare. Fir. Staudinger stated they could look at the analysis prior to submittal and s~gn off o~ it or if the applicant would agree to go to some kind ~f system, they could check it in the field later. If it does not meet standards, it will have to be upgraded. Chairman Rosenstock asked whether Mr. Pesyna would abide with the comments of Gee & Jenson. Mr. Pesyna asked whether Gee & Jenson had been on his site. Mr. Staudinger replied Gee & Jenson had not been on the site, and he anticipated they would not have to be on the site. If a design is sub- mitted, they can look at it, or they can take a site test of the lights when the improvements are in place. Chairman Rosenstock did not think he would put lighting in place before he had a plan and approval of that plan. He asked whether Mr. Pesyna was willing to abide by the comments of the City Engineer. Mr. Pesyna answered affirmatively. If Mr. Pesyna was going to abide by the City Code, which was basically what Gee & Jenson had stated, Attorney Trehy - 7 - MINUTES PLAINNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 wondered what the grounds were for the request for a variance. There was discussion. Chairman Rosenstock wanted to allow Mr. Beasley to speak, in order to clear up the matter. Attorney Trehy felt the law would not allow a member to speak to his own Board concerning an item on the agenda. Mr. Pesyna told the Members he was asking for a variance because they are trying to k~ep from putting poles on the property. Mr. Cutro clarified the variance was to allow for building mounted lights as opposed to pole mounted lights. Mr. Ag uila advised that the Code does not require pole mounted lights. There were further comments. Mr. Howard noted they had heard from everybody but the Police Department. Sgt. Chris Yannuzzi interjected he was representing Lt. Dale Hammack of the Police Department. Although he was not aware of any conversation between Mr. Beasley and Lt. Hammack, he stated he could represent the issue. Attorney Trehy advised the Code does not require saying the applicant will have to comply to satisfy the comments of the staff concerning their concerns. A safety concern was one of the comments. The applicant would have to satisfy the comment. Mr. Cutro referred to Sec. 5-1~2(g) and said the standards for review were adopted by Resolution. The standards state that pole mounted~lights are required. It did not say they were preferred. The variance was to allow the applicant to mount the lights on the building. Mr. Cutro did not think any one in the room doubted that the lighting would meet the Code. He felt the real question related to Police and glare. The applicant had indicated he would make whatever adjust- ments were necessary if he could mount them on the wall. Mr. Cutro thought that was the condition that should probably be attached to the variance for lighting. Chairman Rosenstock asked Mr. Finizio if the City had ever allowed wall mounted lights as opposed to pole mounted lights. Mr. Finizio had been with the City for almost six years, and he had not seen a variance come before this Board for lighting, based upon the nature of the variance requested. He read the request and reiterated that he did not know why they applied for a variance if they were will- ing to upgrade the site. If they were willing to upgrade the site, the City should have been provided with the techni- cal data to verify that. - 8 - MINUTES - PLAINNING & ZONING BOARD MEETING BO~NTON BEACH, FLORIDA JAi~UAR¥ 8, 1991 Comments were made by Mr. Cutro and Mr.,Finizio relating to both the variance for lighting and the variance for drainage. Mr. Aguila informed the Members that the rear of the Target retail center on the south side of the building, where there is parking, there are wall mounted fixtures. Discussion ensued about the lights, the Police Department, and what the applicant is willing to do. Attorney Trehy read Sec. 5-145 (a) (1) from the Code. The Section referred to when variances can be granted. Mr. Finizio informed the Members that this site is somewhat unique because it is surrounded by streets, so the lights will be directed toward streets. Chairman Rosenstock heard the developer say he would comply with that request. There was discussion about the lighting, glare; and what the applicant had agreed to. Since Mr. Finizlo did not think the applicant said he would be willing to install perimeter pole lighting, Chairman Ros~nstock again asked Mr. Peysna this question. Mr. Peysna replied he had said that. He thought he had made it perfectly clear. Ms. Heyden advised she had already talked about the variance to the drainage. Mr. Finizio apprised the Members that the applicant agreed to provide all of the swale retention on site. It seemed to Chairman Rosenstock that they were slowly getting to the point where the day will come when an A~chi- tect or Engineer representing a developer will submit a blank piece of paper. The City will say, "subject to staff comments," and the developer will agree to do everything. Chairman Rosenstock referred to an opinion of the City Commission sent to tbs City Attorney, which said it will be fine if a developer signs an agreement saying he will abide by the staff comments and he puts that on a set of plans after the fact. As a private citizen, Chairman Rosenstock thought it was totally and horribly Incorrect, and it does a disservice to the community. Mr. Richter noted this project was in an industrial park. The building is 11 years old, and he wondered when the lighting and drainage Codes of the City were updated. Mr. Finizio answered that the Lighting Code was modified in 1987 to increase the level of illumination to a one foot candle. The City Commission recently passed an Ordinance where convenience stores are required to have two foot candles' illumination, so the age of the building has no relationship to the current Code. Should they expand, they must modify to the current Code. - 9 - MINUTES PLANNING & ZONING BOARD M~ETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 Mr. Richter asked whether they were expanding the building. Mr. Pesyna answered they have not expanded their building. He explained how he applied for a parking lot variance in May, which was granted in September, 1990. His pro~ect was stopped again because he was putting in a ramp, so he could access his building like any other person that has an entrance level on ground level access. This has been going on since S~ptember. It seemed to Mr. Richter that there is no flexibility in the City's approach to people trying to improve their properties. Mr. Pesyna expounded about all they have done to comply with what the City has asked. Mr. Richter commented abo~t projects being stopped, lack of flexibility, new Codes, and Sunshine Square. Mr. Cutro clarified it was an expansion of the building by approximate~ly 2,000 square feet. The building existed, but the square footage was expanded within the footprint of the building. Mr. Pesyna said they added office space on the inside of the building. Mr. Cutro stated that was what had to~ched this off. Because of the present pitch of the parking lot, they have had to have the parking lot regraded. There are some calculations that the City has to get, but th~ calculations are minor. The parking lot does not meet today's standards, but Mr. Cutro stated that was something the Board could gran~, once the applicant does the improvements. Motion re Variance for Lighting Attorney Trehy suggested verbiage for the motion. Mr. Richter moved to allow the lighting to be mounted on the building, as opposed to pole lighting, which is required by Code, provided the property owner complies and satisfies the safety concerns of the Police Department. If the property owner does not, he will abide by the City Code and install the required lighting. Mr. Aguila seconded the motion, and the motion carried 6-0. Mr. Beasley abstained from voting. (See Memorandum of Voting Conflict attached to the original copy of these minutes in the Office of the City Clerk.) Discussion re Variance for Drainage Discussion ensued about the verbiage for this motion. Mr. Pesyna stated they do not need gutters. The gutters are in place. Mr. Finizio consulted with Mr. Staudinger and advised that the applicant would have to provide drainage calculations. The applicant should submit engineering data 10 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 to Gee & Jenson, so Gee & Jenson can verify that the appli- cant is in compliance with the Code. Mr. Pesyna did not feel that was fair, nor did he feel that was what the TRB stated. They have a parking lot like the one in front of City Hall. Mr. Pesyna showed on the overlay where they have catch basins. If the Board turned down his variance, Mr. Pesyna stated he would have to sell his building because~it would be totally inaccessible. He told what he wo~ld have to do to meet the Code and said it would make his property inaccessible for tractor trailers to back into and deliver supplies and products for his business. It would nog be feasible or possible,. Mr. Pes~na again compared tke drainage of his property to that of the City parking lot, and he indicated the grassed areas on the overlay. Mr. Pesyna was willing to do anything within reason, but he s~ressed that he could not tear up his parking lot. Under the present Codes, Mr. Staudinger said the parking lot would have to be completely torn up or redesigned and full pretreatment would be required. That was not what the TRB's comments were. That was why there was a need for a variance. Mr. Pesyna cannot meet today's Codes without a major rebuilding of the parking lot. As a part of the variance, Mr. Pesyna is to build certain swales and catch as much as possible. There is a requirement that it be designed by an Engineer. Mr. Pesyna stated that Gee & Jenson can field inspect it to see that is done. Some work must be done under the variance to catch as much water as possible off the roofs. If the applicant agrees to do that and provide documentation, that would be about as good as the Board could get at this time. Mr. Pesyna agreed to do that and provide documentation. Motion re Variance for Drainage Mr. Aguila moved to approve the request for a variance to Section 5-142(f) '~Drainage" of Article X-Parking Lots with the provision that the applicant provides the Cit~ with engineering drawings, indicating he will do some pretreat- ment as possible and retain the catch basins that now exist. Mr. Richter seconded the motion. The motion carried 6-0. Mr. Beasley abstained from voting. (See Memorandum of Voting Conflict attached to the original copy of these minutes in the Office of the City Clerk as Addendum D. - 11 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 NEW SITE PLANS Project Name: Agent: Owner: Location: Description: Curt G. Joa, Inc. Robert E. Fetrow, P.E. Gator Engineering Services Curt G. Joa, Inc. 1500 High Ridge Road (northwest corner of the C-16 Canal and the Seaboard Airline Railway) Request for site plan approval to allow for the construction of a new parking lot and a two story, 34,678 square foot assembly building and modifications to the existing parking lot Ms. Heyden made the presentation. She stated one driveway exists, and another is proposed to be added on the north side of the new building. Colored elevations were submitted. The building will be bone white. The roof, doors, and window frames will be dark bronze, and the signage will be blue. Ms. Heyden called attention to Memo No. 90-351 from City Manager Miller. which s!tated: "As discussed on December 6, 1990 in the morning, reference the proposed development located at the southeast end of High Ridge Road (in Quantum Park) being engineered by Robert Fetrow, P.E., we agreed that the concrete barrier island between the northern driveway access and the loading dock area could be removed, but Subject to the condition that the dock area be distinchly designated (i.e. heavily striped/marked). Therefore, this development need not proceed for a variance for three (3) driveway accesses to the property.' The TRB Board recommended approval of the request, subject to the comments attached to the original copy of these minu- tes in the Office of the City Clerk as Addenda E through G inclusive, to the above comments, and to the following comments: Utilities Department Double check valve assembly will be required on the fire service line. Work to be in accordance with City of Boynton Beach details and criteria sheets. 12 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 3. Gate valves resilient seat, AWWA C509. 4. Add gate valve within right-of-way. 5. Relocatin of hydrant now desired. 6. Provide details of fire protection system." Police Department "1o With regard to this project, it is my opinion that the truck dock is a third driveway. As such, a separate stop sign and stop line are required at the sidewalk. 2. Parking lot lighting that will be present for what will remain of the existing parking lot is not shown. 3. Additionally, exterior lighting for the new building is not shown. 4. This project will need to adhere to the City Construc- tion Security Ordinance 95-8G." Public Works "Driveway turn in for dumps~er must be widened. gates on dumpster enclosure and use high hedge dumpster enclosure." Eliminate to West of Forester/Environmentalist "The applicant should revise the plant legend to depict: a. Identification letters differentiating existing trees/ landscape plants to remain and newly planted materials. b. Height and specification of newly installed vegetation. c. 50% native trees and 50% native shrubs required for newly planted materials." Mr. Finizio clarified that the third driveway was considered a driveway, based upon the original layout. Robert E. Fetrow, P. E., Gator Engineering Services, Inc., 200 Knutb Road, Suite 214, Boynton Beach, FL 33436, had met with with City Manager Miller and Mr. Finizio and had agreed to revise that portion of the pavement so that it would not be a third driveway. Therefore, a variance would not be needed. Chairman Rosenstock inquired whether both the Planning Department and the EngineerIng Department recommended approval of the project. Mr. Finizio replied the project is devoid of many required submittals of plans relative to drainage, drainage calculations, and parking lot facility lighting. There were questions by Chairman Rosenstock regarding the elevations, lighting and drainage. Mr. Fetrow explained the 13 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 drainage problem could be worked out. It was just a matter of relocating catch basins to swale areas. By eliminating the second driveway, they were able to eliminate one of the catch basins. There was discussion by Mr. Fin~zio and Mr. Cutro as to whether the lighting plan was in the submittal package~ It was not in Mr. Finizio's backup. Mr. Cutro emphasized that the lighting plan and drainage plans were in the package when the package was submitted. He was not indicating that those plans met the Code, but they were sub- mitted. Chairman Rosenstock stated it would make it much easier if someone on the City staff would advise every devel- oper to comply with the City Code. He expounded on how developers want everything done expeditiously and their plans ~pproved righ~ away because large amounts of money are involved, but they do.not want to comply with the Code. Discussion ensued about the plans. Mr. Fetrow read the first comment from the Building ~epart- ment, which was that they should provide a copy of the South Florida Wate~ Management District (SFWMD) permit with the final sign-off plans. (See Addendum E.) If possible, Mr. Fetrow wanted to get this with the building permit. Mr. Cutro replied he would still h~ve to meet Cods for tbs drainage. Mr. Staudi~ger wanted Mr. Fetrow to understand that even though h~ g~ts an exemption from SFWMD, he would still ~ave to meet their criteria. The City of Boynton Beach enforces that criteria, as opposed to the SPWMD. Mr. Fetrow advised they are going to use a trash compactor instead of a dumps~er; at the same location. He a~reed to all o~ the Other comments and added most of them have been taken care 0f. After discussion about the broken slide projector and plans, Mr. Fetrow further agreed to comply with the co~ment~ made this evening. Motion Mr. Richter moved to approve the request, including the trash compactor, subject to staff comments. Mr. Aguila seconded the motion. Chairman Rosenstock asked what product Curt G. Joa makes. Mr. Fetrow answered that they make automated machinery that makes dress shields for women's garments. MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 OTHER A. DISCUSSION 1o Proposed amendment to Zoning of nonconforming uses Code to allow expansion Mr. Cutro referred to the Joint Meeting of the Community Redevelopment Advisory Board (CRAB) and the City Commission. At the present time, the City Code does not allow for the expansion of nonconforming structures other than for a use. Mr. Cutro wanted direction from the Board Members as to where to put limits on this and what kind of things they want to see. Mr. Cutro was proposing that they reorganize the nonconform- ing uses and structures in the following manner: 1. Purpose and intent. 2. Identi~y nonconforming uses to be covered by Code. 3. Address maintenance and repairs of nonconforming uses structures. and With the expansIon of a nonconforming use, Mr. Cutro asked what they will allow to be reviewed under the Ordinance. He said a site plan will be required for any expansion of a nonconforming use. Mr. Cutro explained why this is necessary. At the present time, if you have less than $100,000 worth of improvements, the modification is approved at an administra- tive TnB meeting. Mr. Cutro did not think they would be looking at expansions or reconfigurations of nonconforming buildings that would be over $100,000, so he wanted direc- tion on whether or not to hold a public hearing. His second question was whether the hearing should be held before the Board of Adjustment and Appeals, the City Commission, or whether a separate Board should be set up to do this. Mr. Cutro read the criteria approvals have been based on and stated he felt the Members would have to look at each site on an individual basis. After explaining, he stated this could be done, as it has been done successfully elsewhere. The TRB had suggested they may want to look at requiring an impact fee, especially in the downtown area. Instead of requiring people to put landscaping on their site and cut down the use of their site in the parking, Mr. Cutro said they may want to work out an impact fee that would help offset the cost of providing public parking on the street as well as public landscaping improvements. He told how this - 15 MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 could be figured out and said about 200 spaces could be generated on streets in the downtown area. Mr. Cutro stated the City would figure out a linear footage basis, based on each site. The linear footage would be transferred into an impact fee. The cost per linear foot will probably be a nominal fee. They must also determine when that should "kick in". Mr. Cutro explained. Mr. Aguila thought that was an interesting approach, but if one developer wanted to do something to his site downtown and the dollar amount did not ~mount to a lot, he was con- cerned about what the City would do in the meantime until there are two or three developers. Mr. Cutro answered the City would probably set up a t~ust fund and schedule out improvements. He expounded about parking. Chairman Rosenstock thought the fee should be more than nominal. When the City has money, it can go ahead with the project and use the trust fund to pay the City back. Attorney Trehy interjected there would probably be legal pr~olems with some of the recommendations being voiced. She volunteered to work with the Planning Department, and she elaborated. Chairman Rosenstock referred to people with zero lot lines, who are locked in, when there are other places in the City where their expansion would not be affected, shrubbery could be put in, and the street could look better. He wanted to make sure some thought is given to demanding some beautifi- cation from the person that changes the property. Mr. Cutro responded there should be discussion as to whether this should be City wide or only in the redevelopment areas. ~nen properties are developed, Chairman Rosenstock said the question arises as to who should decide whether the property owner should be allowed to go ahead with his project. He brought up the fact that it is stated in the State Statutes that the P&Z Board has jurisdiction over all land use regu- lations and planning. Attorney Trehy advised the Compre- hensive Plan and Land Use Plan Amendments have to go through the Land Us~ Planning Agency. The City Commission has stated in its Ordinance that the P&Z Board serves that function. Mr. Richtsr reminded the Members that regardless oi the City Code, the underlying document is the Comprehensive Plan. He felt the City needed what was being suggested for peoDle who have been here for years. The City Code and Ordinances and - 16 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 the Comprehensive Plan have been updated, but a lot of people cannot touch their buildings because of the Code. Mr. Richter suggested that the Planning Department put together some ideas in draft form so everyone can look at them and comment in a workshop meeting. Mr. Cutro wanted to bring it back to the Board as the next meeting to see if they could do this without a workshop. Be said the Ordinance would be straightforward. Because of the lateness of the hour and since there were other items he wished to bring before the Board, he asked that this be continued. If it cannot be done at the next meeting, Mr. Cutro said he would like to set an immediate work~nop, hopefully, a couple of days later. The Members agreed to this. Chairman Rosenstock asked Mr. Cutro to be sure he has the approval of the City Attorney's Office. Attorney Trehy stated that the Ordinance which will be drafted commencing tomorrow is the nonconforming use Ordinance. A separate Ordinance would be required for impact fees. Mr. Cutro requested that Attorney Trehy get with him to discuss the impact fee. He explained what has to be done with reference to impact fees. In drafting the Ordinances, Mr. Collins hoped they would take into consideration streamlining the processes one has to go through to meet the necessary requirements. Mr. Cutro said they will look at all o~ the applications and see if there are ways to streamline them. They will look more carefully at the Ordinances to make sure the procedure that is presently being followed is what is spelled out in the Ordinance. After further commenting, Mr. Cutro said he wants to tie the procedure and the Code together, streamline the application so it will be easier to fill out, and develop a handbook that will show the people the process itself. He explained that part of the problem is that people get into the process, and they are not sure what is happening because the application does not indicate how the process is laid out. Mr. Finizio apprised the Members that City Manager Miller authorized him to do a study on the downtown parking problems in order to provide additional parking. A number of issues relative to impact fees and how a schedule of fees could be fairly divided have been discussed. Mr. Finizio gave an example of how the fees should be divided to be fair. 17 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACh, FLORIDA JANUARY 8, 1991 Mr. Cutro wanted to add a condition. He referred to uses the City does not want :expanded. Mr. Cutro called attention to a gas company in the downtown area and said it is not a use that would be compatible with the future downtown plans. He stated he would try to create a condition that says expansion of the use has to be at least compatible with the downtown plans. Mr. Cutro needed direction from the Board. He stated he scheduled this for a commentary review before the City Commission. Mr. Cutro hoped to write an Ordinance that would follow the direction of both the P&Z Board and the City Commission. At the next meeting, he will bring the Ordinance to the Board. ~e hoped, at that time, they would be able to make a recommendation on it to the City COmmission. 2. Current Zonlng Code distance separation from gasoline service stations Mr. Cutro informed the Members that letters had been received by the City from Lennar Homes; Raymond Royce, Attorney at Law, Scott, Royce, Harris, Bryan & ~yland, Palm Beach Gardens, FL, and Kieran Kilday, Kilday & Associates, Land- scape Architects/Planners, West Palm Beach, FL, asking that this be reviewed. The Code spells out that there should be a separation of 1,000 feet from the edge of the property to the edge of the property between gas stations. Mr. Cutro compared the type of gas stations that existed when he was growing up to the gas stations of today and said most of the uses now are not based on location factors that try to meet a community need. They are based on traffic. Mr. Cutro gave examples. Mr. Cutro said the City contacted other cities, and he called attention to a chart showing their requirements. A lot of cities that were contacted did not have any require- ments. Most of the standards were less than 1~000 feet, which is presently required by the City. Mr. Cutro tried to get a field sense from the TRB as to what the distances should be. Two numbers came up: 1,350 feet (an average design length for a block, which TRB Members felt was adequate to address safety. The other was 750, which was ~avored because it came closer to reflecting what the mini- mum distance separation between median cuts Should be. The theory was that if you make the distance a little bit longer than what the median requirement is, you go to the next available median cut. The Building Department did not feel any distance requirement should be imposed and that it should be reduced to zero. 18 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 The Planning Department felt the Ordinance should be rewritten to address three different types of uses: gas stations, convenience stores that sell gas, and convenience stores. It was felt these should be separated because all of them are traffic driven. Mr. Cutro leaned towards reducing the requirement to 750 feet for the following reasons: Many of the other cities on the chart had 750 feet. Legally, if you can rely on the other cities or other standards that are similar or about the same, it is the best defense. No one had 1,000 feet. One city had more than 1,000, but it allowed three within 5,500 feet. 2. The 750 feet went back to the median cut theory. Mr. Cutro asked for direction. He wondered whether the Board wished to expand or reduce the distance requirement. He said the City is now going back to the cities that have distance separations to try and find 9ut how they set their numbers. The City is also asking other cities for copies of their Code. Chairman Rosenstock inquired whether Mr. Cutro would come back to the P&Z Board before going to the City Commission. Mr. Cutro answered that he would be back before the Board again. Mr. Richter commented that the present Ordinance has already given nonconforming uses within the City. He gave examples and asked what would happen if there is a change or expansion of the property. Mr. Cutro replied they would have to look at the individual circumstances. They would all have to be treated the same. At this point and time, Mr. Cutro was not trying to correct nonconforming situations. His intention was to deal with whether the 1,000 feet properly addressed what needed to be addressed. Mr. Cutro referred to what happened in Hollywood and uses being located close to each other. Chairman Rosenstock questioned how the Building Department had the "unmitigated gall" to say zero feet. Mr. Cutro answered he just asked for an opinion, and he did not think it was anything more than that. He reiterated that he thought there should be a separation. Chairman Rosenstock commented about investigations he did with reference to tanks in gas stations, how they are regulated, accidents, convenience stores and gas stations. He did not want to see Boynton Beach look like Hollywood with convenience stores on every corner or in the middle of every block. - 19 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 Mr. Ag uila asked whether the Ordinance that deals with distance is an Ordinance specifically for gas stations. If so, he wondered whether there was anything else about the Ordinance Mr. Cutro was considering modifying. Mr. Cutro replied the modifications were toward what should be separated. The Ordinance presently only separates gas stations, and there is a definition of gas stations they have to follow. It does not separate convenience stores, and it does not separate a convenience store that sells gas from a gas station. Mr. Cutro did not know of anything that would p~event a person from coming in and locating a convenience store that sells gas right next to an existing service station. He believed the interpretation would be they could not because they both sell gas, but he felt that ±nterpr~tation would be on very thin ice. Mr. Aguila thought,they should be separated by 750 feet, but he felt the~e s~ou~d be de, ink,ions. Discussion ensued about the terminology and definitions. Mr. Richter suggested that th~ terminology be cha~ged to "retail fuel sales." Mr. Cutro recommended that the separation be for those three uses and any combination: Convenience store, convenience store and gas station, convenience store and service station, gas store and service station, etc. Chairman Rosenstock questioned whether the City could legally do this. Attorney Trehy wanted to look at it further. She reminded the Members that the biggest concern was traffic and said that should be their focus. Chairman Rosenstock wanted to take a roll call vote on what the Members thought the distance should be. Mr. Finizio advised that at the TRB meeting, five departments commented. Four other departments had no concerns about providing a distance. The Engineering Department concurred with the Fi~e Department, that the distance should be approximately one City block. Mr. Finizio received a notation from the City Manager that ~is comment and recommendation could not be enforced until a study, an analysis, and justification could be provided to uphold his personal recommendation. No one else was g~ven that notation, so he withdrew his recommendation for 1,350 feet and stated he would not be put at risk. Mr. Finizio w~shed this to be reflected in the public records. He also wanted the Engineering Department's statement deleted not only from this agenda but also from the City Commission's agenda package. Char. les W. ~De Santi, Lennar Homes, 700 N. W. 107th Avenue, Miami, FL 33172, informed Chairman Rosenstock they are the 20 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 distributor of sites to the distributor of gasoline. With Mr. De Santi was Julian Bryan, a Consultant/Planner, 3191 Leewood Terrace, Boca Raton, FL, who does a great deal of work for Lennar Homes. Six or eight months ago, Mr. De Santi had requested that a review or reconsideration of the present 1,000 foot standard be developed and brought to the P&Z Board for consideration and ultimately to the City Commission. Mr. Bryan wanted to analyze additional cities beyond what the City Staff had analyzed. They tried to take a number of cities that were closer in terms of population and character of population, i.e. age. They also tried to take cities such as Tamarac, Coral Gables, and Plantation that they thought were more forward thinking in their land use legis- lation, regulations, and policies about growth control. Most of those cities did not have a minimum separation require- ment, but most of them had a requirement that a gas station come through as either a special exception or a special use permit. That gave it an extra opportunity to be reviewed by the governing bodies of that municipality. Mr. Bryan felt that was an important point, a~d after explaining, he pointed out that each 'site can be visited on an individual basis. Mr. Bryan thought it was interesting that a couple of the cities had criteria for separation. Even though Coconut Creek has a minimum separation of zero, it has to have a 400 foot separation betwee~ drives on an arterial roadway. It further stated that only locations acceptable for gas sta- tions are on those arterial roadways. The arterial roadways were as defined in their adopted thorough:fare plan. Mr. Bryan said the Members could quickl~ identify transporta- tion corridors. He referred t~ Mr~ ~Cut~o's comment about sites being generally along th~ more heavlily travelled arteries. Mr.: Bryan Stated th~ Board cDuld then keep them out of neighborhoods, which he felt was an extremely important consideration. Pembroke Pines requires that gas stations may only locate on corner lots. Mr. Bryan commented that made a great deal of sense because traffic is moving in two directions. Contrary to everybody,s thinking that gas stations generate traffic, he said they largely do not generate traffic. People who buy gas are likely on their way from point A to point B, and the purchase of gas Occurs during that trip. Gas stations do not create traffic on a thoroughfare. They create a situation of congestion at intersections by virtue of the curb cuts being too close to the intersections, etc. 21 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JAiqUARY 8, 1991 Mr. Bryan displayed a graphic of the intersection of Congress Avenue (north and south with a 120 foot right-of- way) and ~ypoluxo Road (east and west with a 108 foot riaht- of-way). He referred to the Farm Store gas station and said this site would be in the southeast quadrant of the inter- section. The median spacing between the median cuts from the existimg intersection to the existing street is 660 feet, and that is the Department of Transportation's (DOT's) standard at the present time. Mr. Bryan offered to provide the City Staff With a memorandum from the Deputy Design Engineer from the 4th District in Fort Lauderdale, dated in 1986, that set those minimum separations for medians. The 660 feet was from center line to center line and not from parcel to parcel. If that was the 660 spacing, Mr. Bryan stated ideally, it would access into the middle of the site, if the scale of the sites is one acre, 200 foot square parcels. Using the City's language and the language in a few other cities that have a minimum separation, they say it is as the profile. If that is 660, then Mr. Bryan said the distance between the parcels themselves would be somewhat less. He estimated where the middle of the tract would be and said it would be 460 feet apart. Mr. Bryan suggested maybe something on the order of 460 feet might be one that would have some tech- nical basis because it has the spacing already set out by the DOT, and it deals with traffic considerations. It would allow at least the opportunity of both the east and westbound or north and southbound, as the case may be, to access the parcel. If it does not allow this to occur at the median cut, John Doe will be in next week wanting to put one on the other side to catch the traffic going in the other direction. This way that argument could be negated. Mr. Bryan thought gas stations needed to be put at the corners of two public dedicated streets. They probably need to be public dedicated streets that are of some hierarchy. The overriding factors would be the health, safety and welfare of the community. The streetscape would also be a factor. Coral Springs allows them anywhere but has extensive landscape requirements. Mr. B~yan elaborated and said that was another way to approach it. Mr. Bryan offered his support and any technical assistance or research they might provide the Board with. If the Board wanted to continue to study this through the City Staff or a committee type forum, they would be pleased to be involved in that. Mr. Bryan suggested they now have 20 cities, 22 - MINUTES - PLANNING & ZONING BOARD ~IEETING BOYNTON BEACI~, FLORIDA JANUARY 8, 1991 including two counties, and they could see what the cities and counties said, in terms of historical information. Se thonght they had two very significant pieces of information: [1~ the intersection situation, and [2] that they should be spaced at the median cut. Mr. Richter asked whether 660 feet was documented as standard. Mr. Bryan answered affirmatively. Se added that he had the document, and it can be as little as 400 if the design speed of the street is 35 or miles an hour versus 45 or 50 m.p.h. Mr. Bryan was trying to use the larger number because he felt very strongly this belongs on major thoroughfares. Mr. Richter felt the City woul~ probably stay out of trouble if it used a standard that has already been e~stablished. It also seemed to be a reasonable separa- tion. Mr. Richter said they also have to keep in mind the growth of the City and the growth of the roadway. At a future date, ~f they have to add more lanes through impact fees or otherwiset they should use the higher numbers. Mr. Bryan agreed with that. Chairman Rosenstock commented that DOT's concerns are strictly traffic and the {low of traffic. Se thought the P&Z Board and the City Commission should take other points into consideration, such as how many gas stations the City has, whether the City wants more, etc. Chairman Rosenstock alluded to whether there would be a problem regarding safety. He thought they should look into the reasons behind DOT's distance regulations. Mr. Richter pointed out that DOT also has to be concerned with health, safety and welfare. Mr. Cutro felt Mr. Bryan raised a number of very good points. He was intrigued by the arterial corners and stated that would automatically force separations because arterials are generally located some distance from each other. Usually, there is a prescribed distance DOT has come up with. The real question is when you start separating them along the arterial. Since Boynton Beach is fairly compact, it may be easy to look at the impact quickly. Mr. Bryan informed Chairman Rosenstock his background has been in architecture and civil engineering. Chairman Rosenstock wondered why gas stations have not been placed in shopping centers. Mr. Bryan told of Raleigh. N. C. requiring that they be in shopping centers with a minimum acreage. They further required that they no~ have direct access onto the arterials but have access only from within the develop- ment. It was a fantastic idea until the first gas truck - 23 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 8, 1991 pulled in. It was a tractor trailer truck, and it ran over the median. They quickly changed the regulation to allow access onto the arterial. Mr. De Santi thought they were trying to put their hands on one fixed number and use that as the rule for Boynton Beach. From the analysis Mr. Bryan did, he believed they found the distance separation was not the panacea to the problem. It was a ~eview of the individual requests, or requiring that every gas station be a special exception or conditional use, whichever will fit within the City's Code. Mr. De Santi elaborated. Mr. Cutro informed the Members he would take this to the City Commission for a sense of direction from them. Chairman Rosenstock requested that Mr. Cutro ask the City Commission for a sense of direction and not a vote. 3. Monthly Packages Received by Members Mr. Cutro stated that next month, the Members will be getting large packages because they will include drawings. Mr. Aguila wanted to make sure they will be seeing site plans, floor plans, elevations, and landscape plans. Mr. Cutro hoped they could come with the floor plans. Discussion ensued about plans. Mr. Cutro requested that the Board allow him to use his judgment. Mr. Aguila said the Members do not want to see a copy of the warranty deed, contracts, etc. There was further discussion. 4. Time of Meetings to Change in March, 1991 Mr. Cutro asked the Members to consider changing the time of their monthly meetings from 7:30 P. M. to 7:00 P. M. The Members were in favor of meeting at 7:00 P. M. beginnIng with the March meeting. 5. Housing Wilda Searcy referred to vacant ground north of the C-16 canal, and she wanted the Board to look into having housing on the north side. Chairman Rosenstock informed her it was not within the Board's province. ADJOURNMENT The meeting properly adjourned at 10:00 P. M. TO: THRU %~ FROM: DATE: SUBJECT: Chairman and Members Planning and Zon!ng Board Planninq Dlrector Ta~bri J. Heyden ASSlstan5 Clty Planner January 2. 1991 The Hair Garden - File NO. 565 Conditional Use (beauty salon r~questlng conditional use approval to lease 450 square feet of an exls51ng office/retail building Eo establish a beauty salon The parcel, zoned C-l, Office Professional Commercial, is located at 1100 South Federal Highway the northeast corner of South Federal Highway and Castilla Lane. Last month the City permitted beauty s~lons in the C-1 zoning district, subject Eo conditional use approval. Surrounding Land Uses and Zoning fsee attached maul: Abutting t~e sub]ac= pCrcel ~o the north is a small office building, zoned C-1. TO the eas~ across S.E 6th StreeE, are slngte family homes zoned R1AA. TO th~ south, zoned C-I, is a bank, TO the wes~ across Federal Highway, zoned C-3, Community Commercial. are a restaurant, a vacant lot and a gasoline service station. Standards for Evaluating Conditional Uses: Section ll.2.D of the Zoning Code conEalns the following standards 50 which conditional uses are required uo =onfor~. Following each of these standards is the Planning Department's evaluation of the application as to whether LE would comply with the particular standard· The Planning and zoning Board and City Commlssion shall consider o~ly smch conditional uses as are authorized under the Eerms of these zoning regulations, and, in connection therewith, may gran~ conditional uses absolutely or conditioned upon the faithful adherence to and Df fulfillment of such restrlctlons and conditions includinq, but not limited to, the dedication of proper~y for s~ree~s, alleys, and recreation space, and sidewalks, ~s shall be necessary for the proLec5lon ~f the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intenE and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and w~lfare of the community, and make written findings certifying that saulsfactcry provision has been made concerning the following standards, where applicable: I. Ingress and egress ~o the subject proper~y a~d proposed structures thereon, with particular reference ~o auEomobile and pedestrian safety and convenience, traffic flow ~nd conEroi, and access ~n case of Fire or casassrophe. One driveway exists onto Federal Hi ~hway which provides the main ingress uo the site. Another driveway exists uo the rear of the building and connects the front parking area ro ~ rear parking area. This driveway, which functions as an egress drive, axils onno S.E. 6th Streen. a local s~reet runnlng along the rear or eas~ Droper=y boundary of the site. It is recommended that this driveway be marked with signs and pavement arrows to discourage use of the driveway as an ingress point 5o the front of the building. This traffic-control recommendation will encourage Page 1 of PM NO. 91-003 Junuary 3, 1991 conulnued safe and convenlen~ flow of vehicles, pedestrians and emergency vehicles within the slse. Adequate pe~estrla~ connecslons also exisf which link the front and rear parnlng areas to tke building entrances via an arcade. Off-streeT parking and loading areas where required, with p-articular attention ko th~ l~ems ~n subsection D.1 above. and the economic, glare~ noise and odor effects the conditional use would have on ad]acenE ~nd nearby properties, and the City as a whole Sufficient parking is available =o serve office retail uses within the building which currently ~s leased ko 5wo architects. a tra~et agency and a realtor. The fron~ parking area ~s comprised of parallel and angled parking spaces and the rear parking area is comprised of 90° parking which b~cKs ou5 into S.E. 6th Streee. The Engineering Department is recommending that both parking areas be restriped since parking space delineations have faded. Based on the dete~uinatlon from the Building Department that the beauty salon use is hoe an intensified use of the exls~ln~ building, the parking and landscaping are not required uo meeE curren= standards. However, despite the fact that the ma~n driveway off of Federal Hlghway and front parking ~rea ~hich 1~ serves, would only allow one-way flow by today's standards, the Police Department records indicate that the two-way flow exhibited by this driveway and parking area has functioned without any significant problems since 1960. This is most likely attributable Eo tbs low traffic volumes wkich are generated by the existing uses previously menEloned. Therefore. due to the small area proposed for t~e beauty salon, it is anElclpated that the currenE 5raffic volumes exhibited aE this site will ~o~ be impacted by this use. Also, this use will not have any negaslve effecEs on adjacent and nearby properties or the City, since commercial uses are already established in this vicinity. Refuse and servlce areas, with particular reference 5o the items in subsection D.1 and D.2 above. Utilities. with reference ~o location, availability~ and compatibility. The existing utilities are adequate Eo serve the proposed use. Screening, buffering and landscapmng with reference 5o type, dimensions and character. AS previously mentioned, the eXlSEl~g landscaping is hOE required ~o meet currenu standards However, the landscaping which-exists substantially complies with the landscape code. Therefore, no ~dditional screening or buffering is recommended.-- Signs and proposed exterior lighting, with reference ~o glare traffic safety, economic effecu and compatibility and harmony with adjacent and nearby properties. No changes are proposed to the existing signage and lighting since they do no= 3eopardize traffic safety or negatively affect the adjacen5 and nearby proper=les which have a similar land use. 7 Required setbacks and other open spaces. No exterior changes or additions are proposed which require compliance with currenE setback requirements despite the fact that the ex~s=~ng setbacks are substandard. Page 2 of ADDENDLIM A 8. General compatibility with adjacen~ propers!es, and other properties mn the zoning district As previously discussed, the surrounding land uses include more intensive commerzial uses 5o the west than the proposed beauty salon, and similar commercial uses to the north and south, since the proposed use will occupy a very small '450 square feet por~mon oi an existing office/retail building 5nd is no5 new construction. 1m LS hOE considered ~o be mncompatlble with the r~sidentiat uses co the east. 9. Height of buildings and s=rucmures, with reference 5¢ compatibility ~nd harmony with adjacenm and nearby properties and the City as a whole. The building height is one smory which is compatible with the surrounding buildings. 10. Economic effects on adjacen5 propermles and the City as a whole For reasons already stated, it is nou anmlclpated that the proposed beauty salon will have an adverse ~mpacu on proper~y values zn the vicinity, or the City as a whole. comorehensive Plan Policies: This request, subjecE Lo the ~Eached staff commenms, ls conslssent with ~11 relevaI~t policies contained within the 1989 Comprehensive Plan. Conclusion/Recommendation: The Planning Department recommends that this request for conditional use approval be approved, subjecu 5o the attached staff comments. This recommendeElon is based on the fact that the proposed beauty salon will not exacerbate eXlSElng conditions on the site or adjacen= properties, nor creaue any additional negaElve impacms on an area which ls stable and has been developed for low intensity commercial uses for an exEenslve period of Elme. _Tambri J. He~e~ ~ tjh Attachments A:HairGard xc: Central File Page 3 of ADDENDIlVl A TO: THRU: FROM: PL~/QqqING DEPARTMEN~EMORANDUM NO. 91-00t Chairman and Members Planning and Zoning Board ~ cutro. A.I.C.P. Planning Director ~Tambri J. Heyden Assistant city Planner DATE: January 2, 1991 SUBJECT: Abita sprlngs Water Co.. Inc. Parking lot variances for tiqhting and drainage Section 5~145(c)('4) of the code of Ordinances requires that when a variance Eo Secti~ 5. Article X, Parking Lots is requested. the Technical Review Board must forward Lo the Planning and Zoning Board a rs~ommendation, and that the recommendation forwarded is to be mede part of the public hearing proceedings. To that end, this memorandum is forwarded, consistent with 5-145 c~14), Efram Pesyna, agent for Abita Sprlngs Water Co.. Inc.. is req~esElnG a varlance to Sections 5-142(a) "Lighting" and 5-142~f) "Drainage". Abits Sprlngs WaEer Co.. Inc. a manufacturer o~ bottled water, recently received administrative slte plan approval to modify an exmstlnN zndustrial buitdlnq located at 3030 S.W. 13th Place, which required the parking lot and landscaping ~o meeE current s=andards. Section 5-142(a) requires that parking lot lighting shall be designed ~o meet the levels-of illumination and luminalre types as specified in the city standards. (a~opted by resolution by the City Commission; 5o provide a safe environment. Specifically, the applicant is requesting relief from having to install pole-mounted lighting necessary 5o supplemen= existing building-mounted fixtures which do uot meet the minimum, average illumination level required of one footcandle per square foot of paved area~ The applicant lS ~equesul~g to retain the buildinq-momnted fixtures by-replacing the existing lamps with higher intensity ones. Section 5-14E(f) requires that storm water be contained on-site and that drainage structures hav~ a storage cap~clty of a minimum of 2.5 inches of rainfall in one hour and comply with City standards. City standards require that catch basins be located · n grassy swales ~o provide for pretreatment of storm water. The applicant is requesting uo retain the existing drainage syste~ which has catch Dasins located in paved areas, providing minimal pretreatmenE. For an explanation of the code requirements, the nature of the variances requested and the variance justification, please refer ~o the a=tached Notice of Public Hearing and application. on Thursday, December 20, 1990, the Technical Review Board (TRBI men to review the plans and documents submitted and--to formulate a recommendation with regard no the varzances requested. After review and discussion, the TRB recommended that the request for a lighting variance be denied until additional information was submitted regarding the type of fixture and lamp type and size. which has not ye5 been receiPed. However, after visiting the site, the Police DeparEmenn prepared the attached memorandum which report~ that they find the existing building-mounted system unacceptable. This is due Eo the nature of the fixtures which shine out from the building making it difficult for officers to patrol and see into the site from the street. Intensifying the lamp size would exacerbate this condi$ion. With respect to the drainage variance, the TRB recommended approval of the existing system sublecr to the applicant Page 1 of ADDEND_II~ B PLANNING DEPARTMENT MEMOPJ%NDUM NO. 91-001 TO: Chairman and Members, Planning and Zoning Board SUBJ: Abita Springs Water Co., Inc. - Parking Lot Variance DATE: January 2, 1991 installing gutters to discharge roof drainage ln~o the pervious area to the rear (south) of the building and constructing swales from all other pervious, grassed areas, including the public right-of-way. These measures will aid in partial presreatment and help 5o improve ssorm wa~er quality. Tambri J ~yden ~. tjh Attachments A:AbitaPL~ xc: Central File -2- Page 2 -Of ADDENDII~ B ENGINEERING DEPARTMENT MEMORANDUM NO. 90-310CC December 21, 1990 TO: -Christopher Cutro Director of Planning FROM: Vincent A. Finizio Administrative Coordinator RE: TECHNICAL ~I~ BO~ CO~S ~ITA SPRINGS WATER CO~ P~NG ~T V~CES D~INAGE SITE LIGHTING The Engineering Department herein submits this memorandum as a replacement for Engineering Department memorandum'90-302CC, dated December 14, 1990, relative to the abo~e-referenced parking lot variance requests. During our most recent Technical Review Board meeting, the applicant, in conjunction with the Technical Review Board has agreed to ~rovide a suitable amoun~ of roof drains which shall discharge to a fully sodded and irrigated storm water retention area to be constructed immediately south of the structure. The storm water retention area shall be designed by an Engineer, r~gistered within the State of Florida and shall include measures to swale'all on-site grassed areas, including the development of fully sodded and irrigated swales within the roadway rights-of-way. The applicant shall modify the existing site lighting which is mounted on the face of the building to an activation system comprised of a photo-metric cell. The Engineering Department in conjunction with the Police Department agreed during our most recent Technical Review Board .meeting to visit the site with the Engineering Department's calibrated light level indicator in order ~o determine illumination levels within the above referenced par.king facility. The applicant during the meeting has agreed to modify the lighting system in accordance with our findings. Should the light level readings fall below that which is required by the Code of Ordinances, the applicant agrees to place a sufficient amount of perimeter post mounted lights to insure compliance with our codes. As this agreemen~ would'be in conflict with the intent of a variance request, the applicant should be contacted by.your office to determine whether or not they which to withdraw the variance request for Section 5-142(a), "Required Lighting". Note: %he applicant has not yet complied with all stafC comments provided within Engineering Department TRB memorandum, dated October 26, 1990. Vincent ~. Finizio ~ ~ VAF/ck ADD~qDLI~C ,FORM 8B MEMO; ANDUM OF VOTING CONFLICT FOR 'COUNTY, UNICIPA , AND LO'CA PUBLIC OFFICE,S ] I COUN'rY D.a, TE ON WHICh vorE OCCURRED FHE BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected b6ard, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting-conflict of interest, under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form isnot required by law, you are encouraged.to use it in making the disclosure required by law. Your responsibilities under the. law ~when.~,~ ~, .... faced, with., .~.~.a~ :measure. in~ ..... .~s'~hich~ you~ .have. a conflict.~ .... of interest, wi. II v,.ary.greatly tie' pending on whether ~,ou hold an elective or appointive positron. F~S~' th~s reason; ~please p~ay close attentton to th~ in~trdc~ions on'this form before completing the reverse sid~ and filing the form. INSTRUOTi~N~ FOR 'COMPLIANCE WIfHSECTION '1~i.3143,~ FLORIDA STATUTEs. · _ ECTED OFFICERS: A person hoIding 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 pnncipal (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 WITHIN 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 hold ng appointive 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 ageucy) by whom he is retained. A person holding an appointiv¢ local office otherwise ma)' participate in a matter in which he has a conflict of interest, but must disclose the natur~ 01~the con'flict befc~re making an)' attempt to influence the decision by.osal or. written communication, whether made by the'officer'or at hi~ dir4ction. ~' ' IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T,~ ' ~ VOTE WILL BE !tAKEN: " u should complete and file this form/before making any attempt to influence the decision) with the person responsible for ~ording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1F YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You show d disclose orally t, ~atare o[ your conflict in the measure-before part ¢ patmg.~ '. .... ' ' · You should'complete the form and file it within 15 days after the vote occurs with the nerson responsible for recording the min~ of the meeting, who should ~ncorporate the form ~n the minutes. - , · ~ \ ?' - ~ , , ?5~.,,, .... ,. , ' ! DISCLOSURE OF LOCAL OFFICER'S INTEREST ~/"/SZ"'/' , hereby disclose that on (a) A measure came or will come before my agency which (check one) ./~ inured to my special private gain; or ·: inured to the special gain of · by whom Fam retained. (b) The measure before my agency and the nature of my interest "r'- z. -/-/de in the measure is as follows: / THE Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §t12.317'(1985), A.FAILURE TO MAKE ANY REQUIRI~15 DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE BUILDING DEPARTMENT MEMOPJ%NDUM NO. 90-514 November 26, 19,90 TO: Chrls%~bpher cutro, Planning EirecTor THRU: Don Jaeger, Building & Zoning DirecTor/~/-- FRQM: Michael E. BaaS, Zoning & sxTe Development AdminIstraTor RS: TRB Comments - November 26, 1990 Meeting Upon review of the above mentioned project, the following list of commen~s must be addressed in order to conform with.Boy--ton Beach City codes: 1. pr-~vlde a copy of the South Florida Water Management District petit with the final Slgn-of~ plans. 2. speclfy on sheet C l'of 6 that the handicapped parking sign is m6unted seven feet ~rom grade to the bo5Tom oi the sign. 3. specify on sheet E-1 the depth that the site lighting pole is required To be installed below grade To withstand a wlndload of 120 MPH. 4. Revlse dumpsEer enclosure detail drawing To show a minimum clear openzng width of ten feet measured lnside of gaue and post mateYial. specify the color of the dumpsTer ~nclosure walls. 5. I recommend, for verifying the required number of parking spaces that each paTking space be chronologically nunkbered. 6. Provide the following information for the require~ handicapped accessibility walkway that ~eads to the entrance of the building fr~m each handicapped parking space: 1. Show the location and t~-pe of material proposed for the walkway ~specify Ehickness) il. Specify the type of-walkway finish material and verify ~urface Is non-skid with no elevation difference greater than 1/2" iii. Identify the width of the walkway iv. Specify the slope and length of the_walkway v. Identify the pavement elevation at each handicapped parking space vi. Show the location, width, length and elevation of the level platform thah is req~ired at-~he handicapped entrance to the building vl~, Where required provide detail elevation and plan v~ew drawings ~f the handicapped handrail, specify the location, height and rail configt~raTlon ShOW on the plans the location of the required accessible walkway leading ~o ~he handicapped entrance of the building ~rom the public si(~walk. Specify -the following data for the walkway: i. Specify type of material li. Identify width of walkway 111. Specify the slope and length of walkway iv. Sta=e the surface is non-skid and there will not be a difference ~n elevation greater than 1/2" v. Identify the location of the handicapped e~rance To the buildinq v~. Show the location, width,_ length and elevation of the level platform that is ~equired at the handiqapp~d entrance to the b ilding RECEiVeD Page ]/ of ADDENDUM E PLANNING DEPT, Memo ~o christopher cutro~ Re:'Curt Joa, Memo ~ 90-514 November 26, 1990 Page TWO of TWO 8. Show on the plans a t!rpical section and elevation view drawing of the exterior stairs. Specify ~he size of the riser and tread in compliance W~th the requiremenus of the building code. Identify the color ~ud tarpe of material proposed for the stair(s) including the visible sides of the stairs and landing. Specify on the plans that the ~tve load capacity o_f the stairs complies with Chapter 12 of the Building Code. 9. Provide a ~ypical section and elevation view drawing~of the exterior stairs handrail and guardrail. All handrail and guardrail data shall comply with the requirements of the Building Code~ Specify the color, helght, and rail configuration of the rails. Include a statemenu verifying that .~he structural stability of the rails complies with Chapter 12 of the Building Code. 10. Specify on the east~a~d west elevation drawing of the building that all slgnage shall comply with the. sig~ code 11. specify the color proposed for the downspouts leaders and gutter~of the building. The outline, config~ration and'material show~ and i.denulfied on the pro3ect drawing(s) submitted with the plan(s) for final sign-off are req%~ired ~o match in every respect the colored drawing(s) approved by the Ci-ty commission during the approval process of the pro]ecu. The color of each exterior finish material shown on the final sign-off plans is required to be identified b~ name, color number"and m~nufacturers uame which are required to match in every respect with the color(si shown on the drawing(s) approved by the City Commission. A manufacturer's color chart showing and identifying all approved color(s) ~s required 5o be submitted with the plans for -~inal sign-off · 13. Specify on sheet L I of 1 the t!rpe and location of the proposed lawn grass material, 14. specify on sheet L 1 of 1 the number of species of the new hedge and tree Landscape material, show the computations of the total amount of hedge and tree material complying with the required percen5 native species count. 15. Show on sheet L 1 of I the required vehicular use area continuous vlsua. barrler along the west property line between the southwest corner of the building and the south property line. Specify the width of the ~andscape area and the proposed type of landscape material. 16. specify on sheet L 1 o.f 1 the widt~ of the required perimeter landscape area along the west, east and sou~h property line of the east building slue. 17. I recommend, t~e creation of a harmonious greenbelt, specifying the uree landscape material alon~ the 25 feet perimeter greenbelt of lot 51 C uu match the tree species, Live Oak and wax Myrtle,'of the abutting lot ~o the south. 18. specify on thespians ~he overall height of the building. ~: ald ' ~ CURTJOA - SDD Page 2 of ADDENDUM E ENGINEERING DEPARTMENT M~oRANDUM NO. 90-293 November 29, 1990 TO: 3. Scott Miller City Manager Adminls:rative Coordinator of Engineering Page.'l of ADDENDUM P // In accordance with the City of Boyn~on Beach Code of Ordinances, Chapter 19, Sections 19-17~ Plan ReqDirad, includin~ Chapter 5, Article X, Boynton Beach Parking Lot Regulations, Sec~iom 5-142 inclusive, the applic~n~ for the above referenced pr,oject shall submit the followin~ information, technical data and plan revisions. 1. I~ accordance with Section 5-142(a) Required Lighting and Section 5-142(g) Lighting Standards, submit a comprehensive parking facility lightlng plan which shall include photometrica depicting illumination levels, 13ca~ions of lighting standards~ fixture types, mounting heights and a statemen: that the lightins-system is photo-cell activated. I recon~mend the applicant obtain a courtesy copy of Chapter 5, Article X, Parkin~ Lot R~gulations, including s~ndards and specifications and appendixes. 2. Provide a handicap stri~ing detail that is consis~en~ with the requirements of the DCA Accessibility Manual. Section 5-142(k), Handicap Requirements. 3. Provide thermoplastic pedestrian crossings from the wes~ parking facility [o the east site crossing High Ridge Road. Section 5-142(c), Traffic Control. Number of driveways indicated on plans exceed number of allowable driveways as specified ,within Section 5-142(h)(7), Driveways. The applicant has the right go enter ~n~o a formal variance ~rocedure relative ~¢ seeking relief from the aforementioned Section. Should the applicant not obtain relief through the variance procedure~ the applica~ must delete one of the three driveways. 5. The depicted ingress/egress approaches (~riveways) shall be revised ~o indicate a ~adius of~25 feet. Section 5-i42(h) (2), Driveways. 6. Provide a s~ormwa~er drainage system for both parking facilities that complies wit~ requirements of Section 5-142(f), Drainage including Section 5-142(g), Drainage Standards. Percolations and test data and drainage calculations are required in all instances. 7 -Provide a comprehensive plan. depicting all elevations, drainage gradients, cross-sections of grassed swales and retention .areas in accordance with Section 19-17(k), Engineering & Technical Data, including Section 5-142(g), Parking Lot Construction Standards. 8. There currently exists a number of dumps[ers placed on pavement areas which are nog addressed in the submitted plans. Ali dumpsters shall be placed within preconstructed dumpster enclosures. The Engineerin~ Department fo~ the City of. Boyn~on Beach recommends the applicant co~sider a trash compactor in lieu of numerous dumpsters. 9. Place no:e on plans that the existing sidewalks, whick are broken and avulsed, shall be replaced with nmwly constructed sidewalks as determined by the Engineering inspect6r. The sidewalks shall aontinue through ~ngress/egress approaches and be 6 inches in these areas. The s~e~m.~tragsiti°~ed through the approadhes in such a fashion as to co~%~]e~i~handicap requiremen{s. Section 5-142(g), Sidewalk Standards. NOV Z~ ~30con,t.....' t0. All stormwa~er inlet structures shall be located in grassed areas. Re locate infer structures situated within paved surfaces into grassed areas~in 1t, Swales located within the public rign~s-of-way shall be' constructed Pm accordance with Section 5-142, Swale Standards mhd he fully sodded and irrigated, 12. Approaches situated within the public rights-qf-way shall be comprised of a minmmum of 6 inches~of apB%oved D.0.T. iimerock compac~ea go 98% of maximum ~incent ~ Finizio ~ VAF/ck Cc: Chris~opher Cutro, Director of Planning Page 2 of'~_DDENDUM F TO: THRU: FROM~ DATE: SUBJECT: PL-ANNING DEPARTMENt MEMORANDUM NO. 91-00~ chairman and Members ~lanning an~lng Board christopher Cutro, A.-I.C.P. Planning Director Tambri J. Heyden. Assistan5 City Planner January 2, 1991 Curt G. Joa File No. 561 site Plan (modiflcaslons to existing building and additlon of a new building) Please ba advised of the following Planning Deparsmen5 comments with respec5 to the above-referenced slte plan: 1. Site plan rider application was not completed and submitted with site plan application. A blank site plan r~der is 'attac~ed to be completed and filed with the Planning Department prior to applying for a permit. 2. Two copies of page 4 of the site plan application have been submitted which have differen5 site da=a caIculations.. Accurately complete-.this page of~the=aPPlicati°n. 3. Delineate the 25 foot greenbelt that is required along the east property line of lot 51 C within Quantum Park which is being used for parking. _7.H.17. 4. Add a ncte 5o the plans shall be sound baffled. 5. Add a graphic page 5, item 6. Indicate the application, 7. Appendix A - Zoning, Section that any roof-mounted ec~lpmen5 Appendix A - Zoning, Section 8.A.6. scale'to %1.1 drawings, site plan application, 2. adjacent land uses on the site plan. Site plan Rage 5, item 3. The ssorm water design, particularly in of the existing building,-does not meet requirements of the ComprehensIve Plan, Policies 3B.2,3 and 3B.2.7 with regard percclation into grassy swales. the parking lot east the presreatment Drainage Subelement, to znfittratlon by tjh A:CurtJoa ADDENDUM G Attachments xc: Cennral File