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Minutes 12-20-90MINUTES OF SPECIAL MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOY'TON BEACH, FLORIDA, THURSDAY, DECEMBER 20, 1990 AT 7:30 P.M. PRESENT Maurice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Jose Aguila Cynthia Gr-eenhouse David Beasley, Alternate Chris Cutro, Planning Director Yamile Trehy, Asst. City Attorney ABSENT Nathan Collins M~rray Howard Daniel E. Richter William Cwynar, Alternate Chairman Rosenstock called the continued meeting to order at 7:30 P.M. The Pledge of Allegiance to the Flag was said. The Agenda was accepted as prepared. It consisted of one item only, which had been continued from the December 11, 1990 regular meeting of the Board. PUBLIC HEARING Project Name: First Impressions Day Care Center Agent: Harold Blanchette Owner: Julie & Susan Monahan Location: Seacrest Blvd. at S.E. 22nd Ave., northeast corner Description: Request for conditional use and site plan approval to convert an existing single-family residence into a 2,330 sq. ft. day care center. Chris Cutro, Planning Director, explained the plans before the Board had been submitted by Mr. Blanchette. A review of those plans showed the comments of the City Forester, the Planning Dept and the iBuilding Dept. had been met. All com- ments of the Engineering Dept. had been met with the excep- tion of comment ~4 (to provide a parking facility lighting plan with photometrics) and comment 96 (to provide a storm water drainage system including drainage calculations and percolation tests).i Mrs. Blanchette believed the information was on the plan. Vince Finizio, Administrative Coordinator of Engineering, di~ not be!ieve there was enough information there for him to si~n off. Relative to verifying the information in these areas, Mr. Finizio stated if Mr. Blanchette provides the information prior to building permits and it is not suitable, then Mr. Blanchette would be asked to provide a formal drainage system Or a revised lighting plan. These things could be 1 MINUTES - SPECIAL PLANNING & ZONING BOARD MTG. BOYNTON BEACH, FLORIDA DECEMBER 20, 1990 costly. If Mr. Blanchette waited until the time of per- mitting, it would still be subject to compliance. Mr. Blanchette explained this conditional use application was made on September 28, 1990. It is now the end of the year. He wondered why it was just coming to meetings at this point. His client was upset about this. Chairman Rosenstock pointed out this had just come before the PZB at the December 11, 1990 meeting. Mr. Blanchette alluded to notifications of the Public Hearing which he believed had not gotten out to the newspapers on time. Discussion took place regarding the sequence of events which included tw~ reviews by the TRB and two sets of staff comments. At one point it was believed that the applicant might have to ~ile for a parking lot variance, but that situation was resolved. Relative to the lighting values, Mr. Blanchette stated the applicant would meet the requirements of the Code. There were comments about a notation on the plan itself and the lighting. Mr. Finizio noted Chapter 19-17 requires that the City have an indication of exterior lighting so it can review possible hazards and nuisances. They would look for glare, bleeding over into residential communities, etc. Mr. Finizio believed the applicant could comply with the note on the plans and still create a nuisance. Mr. Finizio wanted to see the depiction of the actual lighting levels. If the Board allows the application to move forward and Mr. Blanchette provides the data at the time of permitting, Mr. Finizio might ask them to do a complete redesign of the lighting, based on the information provided. Mrs. Greenhouse asked if the applicant was allowed to go forward, would the City be able to enforce it. Attorney Trehy responded they could attach conditions to the granting of the conditional use. Vice Chairman Lehnertz asked what would ensure that these conditions are followed. Attorney Trehy stated the permit cannot be issued until all comments are satisfied. Other remarks were made about comments that are sometimes not complied with. Relative to this case, Mr. Aguila felt the applicant had put an acceptable note on the plans which indicated he is aware of the Code and that he must take care of it. If the appli- cant chooses to not obtain the photometrics at this time but to save that for later, that is his choice. Later on, if the applicant ~inds he doesn't have enough lighting, then he will have put himself in a bad situation. Mr. Ag uila believed the City could catch him now or later when he pro- vides it. Mrs. Greenhouse indicated she would rather see the burden placed on the developer initially, rather than the City. One member remarked that they could obtain the photometrics 2 MINUTES - SPECIAL PLANNING & ZONING BOARD MTG. BOYNTON BEACH, FLORIDA DECEMBER 20. 1990 free of charge. Mrs. Greenhouse asked since this was the case, was there a reason they didn't get one. Mr. Blanchette responded they had never gotten one. He didn't realize they were being offered free of charge. In addi- tion, the lights would rarely be lit, except for during the winter. Mr. Blanchette was asked if he would provide Mr. Finizlo with a set of photometrics prior to applying for the building permit. Mr. Blanchette was agreeable. Mr. Finizio said this would be fine, if Mr. Blanchette would agree to adhere to the City's comments at that point in time rather than file any objections to reasonable comments the City may have. Mr. Blanchette said he would not file objections on anything that is required by Code. There was agreement. Relative to drainage, as soon as an updated survey is obtained, they will do a percolation test. The drainage information will subsequently be provided the City. That particular area is whit~ sugar sand which is excellent for drainage. In connection with the polyethylene and bark chips in the play area, Mr. Blanchette stated it would not hold water or cause any drainage problems. There were remarks about the proposed 6' privacy wall and 4' fence and what the Code requires. Mr. Aguila thought the Health Dept. might end up requiring a 6' fence. Vice Chairman Lehnertz wondered if a 4' fence would be sufficient to contain some toddlers. Mr. Blanchette pointed out they would be completely supervised. Later in the meeting, Mr. Blanchette stated that if allowed by City Code, they would put up a 6' fence. Ms. Elizabeth Frick, 2310 S.E. 1st Street, thought this was a dangerous location for the children. She was concerned the children would climb the fence. Ms. Frick was also con- cerned about the traffic impact. Other remarks were made about the bulk of the facility's traffic being in the morning and late afternoon. Susan Cummins, who will serve as Director of the facility, stated children would begin arriving at about 7:00 A.M. and most of the children would be picked up between 5:00 and 6:00 P.M. Ms. Cummins stated the facility would be able to handle up to 90 children. Mr. Cutro interjected that even at maximum capacity, that would not be a big impact on Seacrest which is four lanes. Ms. Charlotte Duvall, 117 S.E. 22nd Ave., explained her pro- perty is adjacent to Mrs. Monahan's property. Ms. Duvall stated the Monahans have their rear fence 1' onto her pro- perty. She stated the Monahan's sprinkler system is over MINUTES - SPECIAL PLANNING & ZONING BOARD MTG. BOYNTON BEACH, FLORIDA DECEMBER 20, 1990 further than that." Ms. Duvall has had attorneys investi- gate this situation for her to no avail and the situation persists. Ms. DuvalI insisted the fence was on her pro- perty. Chairman Rosenstock thought it was curious that Ms. Duvall had hired lawyers and yet nothing had come of it. Ms. Duvall felt that if Ms. Monahan didn't know where her boundary lines are, "then she wan't qualified to run a day care center." Other remarks were made. Ms. Duvall stated she works at night and she was concerned increased traffic would affect her being able to sleep in the morning. Mrs. Greenhouse remarked that the survey does show some encroachment onto Ms. Duvall's property. She asked Attorney Trehy if the PZB needed to be concerned about that. Mr. Cutro noted the existing chain-link fence would be coming down when the wall goes up. That would be the time to correct any encroachment. W~nen the updated survey is obtained, it can be used to position the wall. Ms. Duvatl stated she had her property surveyed last year and the stakes were still there. It was noted that the new wall would have to be looated on the Monahan's property. Ms. Duvall did not believe another day care center was needed in this area as Miss Little's School operates across the street. Rosanne Patrick, 201 S.W. 23rd Ave., addressed the Board. Mrs. Patrick owns and operates Miss Little's School. Mrs. Patrick couldn't imagine 90 children in a 2,300 sq. ft. building. Comments were made about the sq. footage the Code requires for each child. Mrs. Patrick stated her own faci- lity has a capacity for 52 children and they have 35 to 40 on the roll. She referred to other centers, some of which are half full. She questioned the need for another day care center in this area. Mrs. Patrick pointed out the cars would be coming and going all day long, not just in the morning and late afternoon. Mr. Ralph Vallarella, 2210 S.E. 1st Street, was present to represent 12 neighbors adjacent to the site. Mr. Vallarella produced a map of the area. He referred to the Monahans obtaining a change in zoning from R-2 to Professional. He believed the Monahans' ultimate goal was to put a four story building on the site. Mr. Vallarella did not feel the faci- lity was needed. He referred to traffic impact caused by a nearby nursing facility owned by Mrs. Monahan and the addi- tional impact of the day care center which he felt would be considerable and continuous. Mr. Blanchette indicated there would not be any ingress/egress onto S.E. 1st Street. The traffic flow was discussed. The flow will be two ways entering and one way out. Lengthy discussion on the traffic situation took place with Mr. Vallarella. Mr. Cutro noted that when this application was brought before the TRB, there were no objections to the traffic patterns from the Police or Fire Depts. 4 MINUTES - SPECIAL PLANNING & ZONING BOARD MTG. BOYNTON BEACH, FLORIDA DECEMBER 20, 1990 Remarks were made about the capacity of the Bethesda Hospital employee day care facility which is proposed. Ms. Monahan was aware of this and still felt there was a need. Relative to the All Care Nursing Care business, Mr. Blanchette remarked Ms. Monahan was in the process of searching for a new location to transfer that business, as it had outgrown itself. Mr. Blanchette was not sure what would happen to the present building. He thought it might end up being used for infant care. Mr. Blanchette pointed out the facility was actually only programmed for about 60 children. The property could handle 90 if they put another addition on. Other remarks were made about the need for child care in the area and the fact that the new facility would be constructed to meet all standards of the Health Dept. Mrs. Greenhouse pointed out that one o~ the greatest con- cerns of the Task Force on Children was the need for day care facilities in this area. She thought the market would take care of itself. She felt this particular location was appropriate for this type of use. Mr. Vallarella pointed out he had canvassed all the day care centers in the ares and o~ly one was nearly full. He still could not see the need. He did not feel this location was appropriate. Motion Mr. Aguila moved that the Board approve the First Impressions Day Care Center as submitted, with all comments and agreements made by the applicant. These items include site lighting, drainage and the 6' fence, if permitted. Mrs. Greenhouse seconded the motion which carried 4-1. Vice Chairman Lehnertz voted against the motion. Mr. Blanchette indicated he would pursue installation of the 6' fence voluntarily. Mr. Vallarella wanted to be assured that the applicant wouldn't tell the PZB one thing and then do something else. He expressed further concerns about the traffic flow. Mr. Vallarella was told he was welcome to speak to City staff about remaining questions that he might have. Also, citi- zens could address the City Commission at the upcoming Commission meeting. ADJOURNMENT The meeting properly adjourned at Shannon Burkett Recording Secretary (One Tape) 5 8:30 P.M.