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Minutes 11-13-90MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 13, 1990 AT 7:30 P. M. PRESENT Maurice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Jose' Aguila Nathan Collins Cynthia Greenhouse Murray Howard David Beasley, Alternate (Voting) Daniel Richter (Arrived late) William Cwynar, Alternate (Arrived late) Chris Cutro, Director of Planning Tambri Heyden, Assistant City Planner Yamile Trehy, Asst. City Attorney Chairman Rosenstock called the meeting to order at 7:30 P. M. After the Pledge of Allegiance to the Flag, he recognized the presence in the audience of Vice Mayor Lee Wische and Commissioner Denys "Sam" DeLong. He congratu- lated Commissioner DeLong on her appointment as City Commissioner. City Manager Miller and Lynne Matson, Member of the Community Appearance Board, were also in the audience. AGENDA APPROVAL Boynton Lakes Plaza Mr. Cutro explained there was a problem with the preliminary plat of Boynton Lakes Plaza. Because of that, the parking lot variance, preliminary plat, and site plan modifications should not go forward. John Glidden, Architect, Oliver-Glidden & Partners, 1401 Forum Way, Suite 100, West Palm Beach, FL 33401, asked whether the Board could review the site plan, so the applicant could have the benefit of the Board's comments. In accordance with Chapter 163, Chairman Rosenstock replied the Board must follow a certain sequence of events, and he did not feel the Board should discuss the site plan. Discussion ensued about what type of motion there should be concerning Boynton Lakes Plaza. Attorney Trehy confirmed Mr. Cutro's advice, that Boynton Lakes Plaza should be continued to a time and date certain. Ms. Greenhouse thought this was the second time a preliminary plat had come to the Board in a state of non-compliance, and MINUTES - PLANNING & ZONING BOARD MEETING BOYI~TON BEACH, FLORIDA NOVEMBER 13, 1990 she wanted to understand how this happened. Chairman Rosenstock suggested it be added at the end of the agenda, under "Comments by Members" Mr. Collins moved, seconded by Mr. Aguila, to accept the agenda as amended and to CONTINUE the requests of Boynton Lakes Plaza for a parking lot variance, preliminary plat approval, and approval of site plan modifications until the meeting of the P&Z Board on December 11~ 1990 at 7:30 P. M. Motion carried 7-0. APPROVAL OF MINUTES The minutes of October 9, 1990 were approved as presented. COMMUNICATIONS AND ~NNOUNCEMENTS Chairman Rosenstock had a memo from the Office of the City Clerk stating Mr. Richter would be late, and he had received a phone call saying Mr. Cwynar would be late. He congratu- la%ed Mr. Cutro, the new Director of Planning, and said the Board would cooperate with his department. Chairman Rosenstock further commented. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT Project Name: Agent: Owner: Location: Legal Description: Description: Overland Construction Company None Ted Morakis West side of North Federal Highway, south of N. E. 9th Avenue Easement located on S. 5' of Lot 6 and all of Lots 7 and 8, less the E. 17' thereof, Blk. t, Lake Addition to Boynton Beach Request for the abandonment of 20 foot wide alley Ms. Heyden said the alley runs parallel to the Florida East Coast (FEC) Railroad. The reason for the abandonment was to - 2 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 construct additional parking for a new business in an exist- ing building. The City Staff recommended approval of the abandonment, subject to the following staff comments: Engineering Department "Comcast and Southern Bell have objections to the abandon- ment. ~ttached are copies of their letters. Their condi- tions shall be conditions of City approval should the City Commission and P&Z Board rule favorably upon this mat~er. notified the applicant in writing of the objections (see attached letter). The Eng. Dept. has matter. Thank you.'~ I no objections in this Utilities Department "Please be advised that we have no objection to the abandon- ment of the alley along the west property line of this par- cel, upon the condition that the owner dedicate a 20' wide utility easement in its place. This will allow us rights and access to the existing sewer main." Ms. Eeyden informed Ms. Greenhouse that Mr. Morakis' wife was aware of the staff comments. Mr. Morakis was in the audience. Mr. Cutro explained the procedure for abandonment. As no one wished to comment in favor of or against the request, TEE PUBLIC HEARING WAS CLOSED. Attorney Trehy advised this was a 20 foot wide alley and not a 30 foot wide alley, as shown on the agenda. Ms. Greenhouse asked whether the applicant agreed to relocate the utilities at his expense. Michael Morakis, representing his father, Ted Morakis, owner of the property, did not know what costs would be involved. Ms. Greenhouse read from Southern Bell's letter dated September 26, 1990 and the letter from Comcast Cablevision of West Palm Beach, Inc., dated September 27, 1990. Both letters are attached as Addenda A and B to the original copy of these minutes in the Office of the City Clerk. If the request for abandonment was approved subject to staff comments, Ms. Greenhouse questioned whether Mr. Morakis would agree to relocating the utilities at his expense. Some of the Members recommended that Mr. Morakis talk to representatives of the utilities. Chairman Rosenstock emphasized that any action taken by the Board would be conditioned on the comments. After discussion, Attorney - 3 MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 Trehy clarified that the requested action was for the vacating of the roadway, which would mean the property would revert to the adjoining property owners. She stated it would be appropriate ~or the Board to approve the request, subject to the petitioner paying all relocation costs. Attorney Trehy explained the comments about an easement and then phrased a motion, pursuant to Ms. Greenhouse's request. Ms. Greenhouse moved, seconded by Mr. Howard, to approve the abandonment, provided and subject to the petitioner pay- ing for all relocation expenses for all utilities, and subject to all staff comments. Motion carried 7-0. PARKING LOT VARIANCE 2o Project Name: Agent: Owner: Location: Legal Description: Description: Bo!rnton Lakes Plaza John Glidden, Architect Oliver-Glidden & Partners Boynton Lakes Development Corp. North Congress Avenue at Hypoluxo Road, southeast corner A parcel of land lying in Sec. 8, Twp. 45 S., Rge. 43 E., Palm Beach County, Florida Request for a variance to Section 5-142(h)(5) Driveway of Article X Parking Lots See "AGENDA APPROVAL", pages 1 and 2 of these minutes, for motion. B. SUBDIVISIONS PRELIMINARY PLAT 1. Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Lakes Plaza John Glidden, Architect Oliver-Glidden & ~artners Boynton Lakes Development Corp. North Congress Avenue at Hypoluxo Road, southeast corner A parcel of land lying in Sec. 8, Twp. 45 S., Rge. 43 E., Palm Beach County, Florida Request for the approval of amended construction plans and preliminary - 4 - MINUTES - PLAiqNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 plat which provide for the construction of infrastructure to serve a 133,015 square foot shopping center and Of a boundary pl~t for a .69 acre out parcel under separate ownership See "AGENDA APPROVAL", pages 1 and 2 of these minutss, for motion. C. SITE PLANS NEW SITE PLANS 1. Project Name: Agent: Owner: Location: Legal Description: Description: Allstate Insurance Building at Quantum Park Dennis J. Perry, Stiles Corp. Quantum Associates North side of N. W. 22nd Avenue, east of the L.W.D.D. E-4 Canal (Lot 20) S.L. 20 and 20a of Quantum Park at Boynton Beach, P.IoD. Plat No. 2 as recorded in Plat Book 59, pages 184 and 185 of the Public Records of Palm Beach County, Florida dated 9/10/87 Request for site plan approval to construct a 15,119 square foot office building for Allstate Insurance on 2.28 acres (Lot 20) at the Quantum Park of Commerce Planned Industrial Park Attorney Trehy declared a conflict on behalf of the firm of Josias & Goren. Partners in the firm represent Stiles Corp. in connection with other matters. Ms. Heyden made the presentation. Colored elevations were submitted. The new building will be light gray with light blue accents. The TRB recommended approval, subject to the staff comments attached to the original copy of these minutes as Addenda C through E inclusive, and to the following comments: Fire Department "Fire hydrants shall comply with City subdivision regula- tions, i.e. hydrant shown on site plan in close proximity N. W. 22nd Avenue. Plus a hydrant shall be added to the rear of the lot to provide coverage for future addition." to - 5 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 Police Department "1. Parking lot lighting to be photocell activated. 2. Future access drive to West lot (Lot ~19) (Public Safety)" Public Works Department "Island must be moved one space west to provide the sanitation vehicle turning room. Call Public Works prior to forming dumpster enclosure, 738-7424." Porester/Environmentalist "Th sre are existing trees in the NW 22nd Avenue R.O.W. which should be preserved or relocated on site. This work should be completed when the swale area is being reconstructed through the Engineering Department." Planning Department "1. Sits plan rider application was not completed and sub- mitted with site plan application. A blank site plan rider is attached to be completed and filed with the Planning Department prior to final sign-off. 2. A site plan modification will be required for the future building and parking expansion. 3. A 'T' turnaround is recommended at the west end of the front parking area. 4. For informational purposes only, provide a copy Of the future access easement dedication required by Quantum Park for lots 19, 20 and 21." Dennis J. Perry, Stiles Corporation, 491 Northpoint Parkway, West Palm Beach, FL 33407, said Stiles Corporation is the contract purchaser of the property from Quantum Associates. He assumed the processing of applications is always subject to fulfilling modifications that are acceptable to the City Staff. Mr. Perry stated they were not able to satisfy them- selves on two or three of the staff comments. Chairman Rosenstock responded that if the Board approved the ~equest, the applicant would have to comply with all staff comments. Mr. Perry called attention to comment ~5 in the Building Department's Memo No. 90-497 (Addendum C) relative to screening of the dumpster. Their interpretation of the Code was that landscape screening, which was what they preferred - 6 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 to use, was sufficient. Ms. Heyden advised the Landscape Code allows the applioant to screen the dumpster with vege- tation, but the City Staff recommended a wall because vege- tation does not always screen the dumpsters. To keep things moving, Mr. Perry said they Would put in a masonry wall to screen the dumpster. Mr. Aguila noted functional prdmlems in the site plan. There were long lengths of parking areas that just ended. For example, if a car goes down the south side of the building and finds there is no place to park, it has to back up 150 feet. Mr. Perry replied that the staff comments asked that they put a "T" at the end. Mr. Aguila alluded to the dumpster and said the sanitation truck will have to drive in and then back out 350 feet. Mr. Perry said the City Staff asked them to move a landscape island. Mr. Aguila suggested they consider an alternative of having the sanitation truck making its pickup just north of the applicant's access easement and having the ability of continuing east to the next property. The applicant would lose two parking spaces, but they would be picked up at the north end. With proper screening, the dumpster would not be unsightly. Mr. Perry replied you can do a lot of things with dumpsters, such as putting gates on them. The back of the building would be preferable. The Technical Review Board (TRB) discussed the truck backing up, but Mr. Perry did not per- ceive it as being a major problem. If Sanitation had no problem with it, Mr. Ag uila stated he would be happy. Mr. Collins moved to approve the request, subject to staff comments. Mr. Howard seconded the motion, and the motion carried 7-0. SITE PLAN MODIFICATIONS 2. Project Name: Agent: Boynton Lakes Plaza John Glidden, Ar~nitect Oliver-Glidden & Partners Owner: Boynton Lakes Development Corp. Location: North Congress Avenue at Hyp01uxo Road, southeast corner Legal Description: A parcel of land lying in Sec. 8, Twp. 45 S., Rge. 43 E., Palm Beach County, Florida MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 Description: Request for an amended site plan to allow changes in site layout and design, a 4,818 square foot gross floor area decrease from 137,833 square feet to 133,015 square feet, significant changes to tenant mix to be comprised of a 54,234 square foot supermarket (Winn-Dixie), a 13,500 square foot'drug- store, 65,281 square feet of retail/ office space and three leased out parcels on I1.63 acres, and elimination of the shared parking allocation See "AGENDA APPROVAL", pages 1 and 2 of these minutes, for motion. Project Name: Agent: Owner: Location: Description: Hunters Run Clubhouse Jeff Thompson, Architect Thompson, Watkins Architects, Inc. Hunters Run Golf & Racquet Club, Inc. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 Canals Request for approval of an amended site plan to allow for a 4,956 square foot expansion including additions to the ladies' card room and multi-purpose room Ms. Heyden said the purpose of the request was to construct an enclosed golf cart storage area, a stock room for the pro shop, a ladies' card room and a multi-purpose room. Minor improvements were proposed for the parking lot. Ms. Heyden presented photographs of the existing building. The photographs and colored r~nderings illustrated that the additions would match the existing building. The TRB recommended approval, subject to the staff comments attached as Addendum F to the original copy of these minutes in the Office of the City Clerk, and to the following comment: Planning Department "Site plan rider application was not completed and submitted with site plan application. A blank site plan rider is attached to be completed and filed with the Planning Department prior to final sign off." Mr. Aguila commented that he could not tell what was new and what was old, and he stated, "This has to stop." Mr. Richter - 8 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 explained what the Members were seeing was all old, and the new addition will match that. Mr. Cutro said the Planning Department will be trying over the next couple of months to improve the overall graphics. In certain cases, large soale copies of the plans will be given out. Mr. Aguila thought they should be given out in all cases. Jeff Thompson, Architect, Thompson.Watkins. Inc., 8895 North Military Trail, Suite 205E~ Palm Beach Gardens, FL 33410, understood there would not be any change to the parking area. The comment was to delineate the handicapped spaces. Mr. Thompson questioned whether the City was merely looking for signage. Mr. Cutro explained a new State law that had been passed. He advised that the Building Department has the requirements. Mr. Thompson asked if they were adding handicapped parking spaces or merely delineating current spaces as handicapped spaces. If the present hsndicapped spaces meet the State Handicapped Code, Mr. Cutro answered that they would not have to add any handicapped spaces. Vice Chairman Lehnertz moved to approve the request, subject to staff comments. Mr. Aguila seconded the motion, and the motion carried 7-0. 8. OTHER A. CONSISTENCY REVIEW (pursuant to Chapter 163.3194F.S.) Proposed amendment to Zoning Code to allow restaurants as a conditional use within the C-1 zoning district and personal service establishments as a permitted use within the C-1 zoning district Chairman Rosenstock wondered when this was proposed by the City Commission and he inquired at whose behest it was proposed. Mr. Cutro replied it was proposed on Wednesday night, November 7, 1990. Chairman Rosenstock asked Vice Mayor Wische and Commissioner DeLong who placed it on the agenda. There was no response, and Mr. Cutro said he was asked to place it on the agenda by the City Manager. He believed it had come up as a topic for discussion at the City Commission meeting. Mr. Cutro read and explained what was being proposed from his Memorandum No. 90-327 (Addendum G, attached to the orig- inal copy of these minutes in the Office of the City Clerk). He explained why he was going to Conditional Uses and used MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 "Supercuts" as an example. Mr. Cutro said "Supercuts" is a Commercial use, and it should be carefully watched. He did not think he would recommend that it be placed in this district. Mr. Cutro said the Planning Department recommended that the P&Z Board find the proposed amendment consistent with the Boynton Beach Comprehensive Plan and forward it to the City Commission with a rcommendation for approval. Chairman Rosenstock was curious as to how this change to the Code came to City Manager Miller's attention. City Manager Miller replied that at their last meeting, the City Commission discussed what he believed to be a salon business planning to come in on U. S. 1, south of the Womens' Club. It is not permitted in that area, and that is what generated this. The City Commission had directed the City Staff to look into it. In the last several months, Chairman Rosenstock found the City Commission seemed to be usurping some of the planning requirements with regard to presentations to the P&Z Board. He could not understand why this was placed on the City Commission's agenda prior to coming before the P&Z Board. It should have gone to the P&Z Board first and then to the City Commission. City Manager Miller replied it was before the Board tonight because the Commission had given direction to the City Staff. Chairman Rosenstock suggested that prior to anything being placed on the City Commission's agenda pertaining to Planning and Zoning or the changing of Planning Codes, Mr. Cutro should review it. City Manager Miller stated Mr. Cutro will try to do that on all matters coming before the City Commission. Chairman Rosgnstock inquired why the Hunters Run 30 acre plot was placed on the City Commission's agenda prior to coming to the P&Z Board. It was to be a change of zoning (from C-3 to C-I). Based upon the Statutes, it was a Planning and Zoning matter prior to approval by the City Commission. City Manager Miller thought the Board was aware that the City Commission has the right ~o add items to its agenda, and the City Commission does that. Chairman Rosenstock replied he intends to follow this thrgugh with the State Attorney. He added that the City Commission is committing a misdemeanor because they are violating the Code of the City of Boynton Beach and the State Statutes. City 10 - MINUTES PLkNNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 Manager Miller again explained how this item was added to the agenda. Chairman Rosenstock asked for direction from Attorney Trehy as to what the rights of the City Commission are with regard to changing or amending Codes with regard to Planning and Zoning and hearing items prior to e public hearing where people come before the P&Z Board. He inquired whether any member of the Board disagreed with his comments. Mr. Aguila believed the City Commission had the right and responsibility to listen to any resident. It would be irresponsible on the Commission's part to change a law or Code without consulting with the P&Z Board on a land planning issue, and he could not accept that. In Mr. Aguila's mind, there was no reason why the Commission could not discuss it prior to the P&Z Board discussing it. He did not believe they could act to th~ extent of ~hanging the Code. Ms. Greenhouse observed that the City Commission directed the City Staff to look into~ this on November 7th. On the 8th, Don Jaeger, Building Official, wrote an Ordinance, which she felt was a "bree~ing ground" for litigation. It rela~xed the Code. Ms. Greenhouse believed this has been the trend of this City Commission, and she stated it has caused the City to become wi~e open for uncontrolled g~owth. She read the following from the proposed amendment: "Personal services such as beauty salons, tailors, dressmaker,s are very much akin to doctor's offices and dental uses. Both uses use schedules and are not given to walk-in traffic." Ms. Greenhouse questioned how this kind of language got by everyone. Chairman Rosenstock suggested Mr. Ag uila read Chapter 163 of the State law, which spells out the duties of a P&Z Board. He stated he could delineate three cases the Commission heard that should have first come before the P&Z Board. Chairman Rosenstock elaborated and said, "Either the P&Z Board exists, or it does not exist." ~nat was why he asked Attorney Trehy for a firm decision as to what the rights and restrictions of a City Commission are with regard to the items set forth in Section 163. Concerning the matter Mow before the Board, Attorney Trehy read Section 163.3194(2) from the Florida Statutes. She - 11 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 advised that the P&Z Board serves as the Local Planning Agency (LPA) in this City. Chairman Rosenstock asked Attorney Trehy to prepare a memo to that effect and see that every Member of the City Commission gets it. Attorney Trehy answered that she would refer it to the City Manager. Ms. Greenhouse was concerned about several Ordinances she has seen coming out of various City departments. After elaboratingr she stressed that the City is continually intensifYing the uses. Ms. Greenhouse was not commenting as to wh~ther restaurants should or should not be allowed. She was referring to ~he above paragra, ph, which began: "Personal services such as .~ Ms. Greenhouse, an Attorney, expounded about the words "such as" and about how cases could be won if the City was taken to Court with language like that. She made further comments Chairman Rosenstock and other,s objected to. Ms. Greenhouse f~rther stated she is tired of litigation and Codes that have no validity in Court. Chairman Rosenstock wanted comments from the Members about what was before the Board. He felt the specifics of how the Ordinance was drawn were another matter. Ms. Greenhouse wondered if this would allow restaurants only in office buildings. Mr. Cutro answered a conditional use would allow somebody to propose a restaurant in an existing building, as a separate free standing building, or as a part of an office complex. A conditional use allows a proposal to be made. The process would be ~that the TRB, P&Z Board, and the City Commission would refine the plan as it makes its way through the review process. Chairman Rosenstock told everyone present he could not control the words of the Board Members. He disagreed with the type of language Ms. Greenhouse had used and apologized to everyone. In his travels, Chairman Rosenstock had noticed almost every city has fine restaurants in major office buildings. In bad weather, people do not have to leave the buildings. Chairman Rosenstock had no objection to serving the needs of employers and employees in office buildings. Mr. Collins asked when this would go before the City Commis- sion. Miss Heyden thought it would be in 30 days. Mr. Collins thought the Planning Department was trying to keep the City up with the times. He thought the Department was trying to make the Board aware of what proposals there are. If the Board Members do not like what they see, they can - 12 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 disagree. Mr. Collins thought they were trying to come up with something that would benefit the City, and he added this problem will come up at some point. Mr. Collins thought sometimes the City Commission has to act, and they have that right. This Board is only a recommending body. Mr. Collins felt the Plannin? Department was trying to give the Board something to work with. If there is somethinq the Members do not like, they should work it out instead of jumping all over people. Mr. Collins thought that was where the problem existed. Based on com- ments that were made, he sens~ed hostility, which the Board should not have. Vice Chairman Lehnertz agreed with Mr. Cutro's memorandum and believed restaurants would be a useful addition to conditional uses. He believed barber shops, beauty salons, etc. would also be useful additions. Vice Chairman Lehnertz was happy that Ms. Greenhouse brought up the verbiage. In terms of the City Commission usurping the duties of the Board as the LPA, he thought it was an illegal action. Mr. Aguila was not suggesting, that they not pursue the avenue of requesting the City Attorney to write a memo, but he thought it would fall on deaf ears. As long as the Board continues on this adversative positign and attitude, everything will have negative connations. Mr. Aguila stated somebody had to stop this nonsense because they were acting like children. That was why Chairman Rosenstock felt a memo should be sent to the City Commission. Mr. Aguila did not believe that was the wa~ to do it. He thought the Board Members should sit down and talk to the City Commission after March of next year. Mr. Agnila said everyone claims they are benefiting the City, but he was not sure they were doing that. He agreed with Ms. Greenhouse that the Words "such as" should not be there. Mr. Ag uila felt they should name specific uses that will be used and take them on a case by case basis. Mr. Aguila stressed there was no way the Board could stop the City Commiss~o~ from doing what the Board believed they should not be doing. Chairman Rosenstock checked with the State Attorney. If the Cit~ Commission intentionally acts against the State Code after being forewarned, they are committing a misdemeanor. Mr. Aguila reiterated they have to bridge the gap. Discussion ensued about whether or not a memo should be written to the City Commission. 13 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 Mr. Beasley agreed with the concept of Mr. Cutro's memo. He thought too much had been made of the wording. He observed it took one-half hour to eliminate "such as", and he felt that was ridiculous. Mr. Beasley thought it would have been more appropriate to say there was a problem with the words, "such as" Ms. Greenhouse apologized for her comments. She explained this was not the first time she had pointed out to "the powers on both the administrative and political level" and to the City Attorney the devastating effect vague Ordinances coming out of the various City departments will ultimately have on the City in terms of hundreds of thousands and potentially millions of dolla.rs in future litigation. That was why she exploded, and she apologized if she aimed her comments in the wrong direction. Ms. Greenhouse felt the TRB should review proposed' Ordinances, and then they should be reviewed by the City Attorney. Chairman Rosenstock asked Mr. Richter how he felt about proposed amendment. Mr. Richter thought it could be a conditional use. the Mr. Aguila wanted the City Planner to write this in the form of a proposed Ordinance and let the Board act on it. Mr. Cutro had no problem with that. In the next case where there is something similar to this, he stated he will give what was proposed and then the staff's recommendation. Mr. Cutro elaborated and then said he would like to amend the Code in a different direction. As an example, he stated there is nothing within the Code to make a use determination, which is a problem. Chairman Rosenstock thought a study had to be made, and he explained. He asked whether the City would want those types of uses in C-1 zoning. He thought it could open it up to C-3 zoning. Mr. Richter pointed out it was presented as a Conditional Use. As a Conditional Use, it has to go through the process. (SEE PAGE 16 FOR CONTINUATION.) Boynton Lakes Plaza and Planning Department's Future Plans This was the second time Ms. Greenhouse remembered a preliminary plat coming before the Board that apparently did not meet Code at the Staff level. Mr. Cutro explained the Code says a preliminaray plat has to be corrected to meet the Code. The bottom line was that the site plan and plat 14 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 were reviewed at the same time, and the vote was for both. From now on, it is Mr. Cutro's intention to have a separate motion made on the plat, so it can proceed separately or be held back and brought up to Code. He further commented on what had previously been done. Mr. Aguila questioned whether Mr. Cutro was saying plans should not come to the Board until after the plat has been finalized. Mr. Cutro answered affirma~±vely, and he explained why. Ee stated the comments te~d.to be universal and can be corrected very easily. Mr. Cutro added that the motions for the preliminary plat and site plan must be very clear. Mr. Finizlo interjected that the TRB does not vote as a democratic body to determine whether a preliminary plat meets with the Code. If six or seven members feel a plat meets Code, and three have information that says it does not meet Code, it should not come before the Board until such time as it complies with all the provisions. W-hen they write the Subdivision Ordinance, Mr. Cutro said he wants to make suggestions about possibly backing off of that because sometimes he feels plats could move forward. He stated he will talk to Mr. Finizio about it. Mr. Collins did not want the process to be slowed up. Mr. Aguita noted the process has been moving faster than it ever did before. He just wanted to make sure it will not go so fast that they will be missing things. Discussion ensued about the process for preliminary plats and final plats. Mr. Cutro said it boiled down to how the Board wanted to do it, and he added there is a whole range they can choose from. He thought they had to determine what would be best for the City. Mr. Finizio did a study. The actual time level for platting used to be eight or nine months, which was a long period of time. Target was platted out in 28 days. Mr. Ag uila referred to applicants fighting the system rather than try- ing to work out problems. Therefore, it is not the City's fault that nothing is happening. Mr. Cutro felt the P&Z Board should create a vision for Boynton Beach for ten or 15 years down the road. He expounded and then said Ordinances will not be brought before the Board that have not been reviewed, especially by the departments they will affect. Mr. Cutro did not want - 15 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 to have a lot of things laundered before the Board. There will be a lot o~ workshops because some of the Ordinances he wants to "jump into" will not be easy Ordinances. If there are small agendas, the Ordinances can be done at that time. Mr. Cutro stated he will be looking for oppor- tunities to improve the review process. He noticed there is no notification of anything regarding site plans, conditional uses, or text changes. Nothina in the Code even deals with text changes. For the next three months, Mr. Cutro said the first order of business will be to try to settle the Comprehensive Plan Elements. The Department of Community Affairs (DCA) comments stated they will be issuing a notice of compliance on the Comprehensive Plan. Some amendments will have to be made to bring the City into compliance. Mr. Cutro estimated the date of compliance would be in December. Mr. Cntro continued by saying a couple of outstanding Ordinances seed to be reviewed. The process of where to place the Land Development Regulations has never been addressed, and they need to be brought into the Code. Those items.dealing with Concurrency, which have to be put into the review process, especially if it is the site plan review process, have to be properly addressed. Chapter 19, the Sign Code,. and Non-Conforming Uses must be looked at. Mr. Cutro said the Board will be informed every step of the way, and he elaborated. Chairman Rosenstock recalled that John Guidry~ Director of Utilities, said publicly that this type of development would impinge upon the City's water and sewer to the effect the City cannot service them. He inquired whether this would be approved without a health permit. Mr. Cutro did not think a health permit would be needed for site plan approval, but the site plan approval cannot go any further without the permit. Consistency Review - Proposed Amendment (Continued) Attorney Trehy asked what action was taken on this. Mr. Cutro wanted a motion to go forward with it, so he could present i~ to the City Commission. Discussion ensued about the paragraph beginning, "Personal services," and Mr. Cutro named the uses that were proposed as conditional uses. Mr. Collins thought this would give the City an opportunity to preserve some of its land. Mr. Cutro explained the City Commission had set a date on this, and he was running out of time. - 16 MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 Motion Mr. Beasley moved that the C-I zoning district be amended to allow restaurants and the following uses: barber shops, beauty salons, manicurists, tailors and dressmakers as conditional uses. He further moved that the words, "Personal services such as" of Addendum G be deleted. Mr. Aguila seconded the motion. Ms. Greenhouse agreed with Chairman Rosenstock that the uses would be opening it up to other uses. A vote was taken on the motion, and the moton carried 4-3. Ms. Greenhouse, Mr. Howard, and Chairman Rosenstock voted against the motion. Attorney Trehy inquired whether the Board requested that she provide a copy of Sec. 163.3194(2) to the City Manager. There was discussion as to whether the Members had approved of this. Motion Chairman Rosenstock passed the gavel and moved that the P&Z Board call to the attention of the City Commission the specific part of the Code that specifies the obligations of the P&Z Board as opposed To the obligations of the City Commission with regard to planning and zoning Codes and the changing of those Codes. Attorney Trehy did no= feel she would be able to provide that. She suggested perhaps the Board would like Chairman Rosenstock to ~raft a letter to that effect. Attorney Trehy stated she could advise and provide a copy of the statutory section, but Chairman Rosenstock's question was going much broader. Amended Motion chairman Rosenstock amended his motion that provide a copy of Sec. 163.3194(2), Florida the City Commission. Attorney Trehy Statutes, to Attorney Trehy said she would do this, if the Board so directed. Mrs. Greenhouse seconded the motion, and the motion carried 5-2. Mr. Aguila and Mr. Collins voted against the motion. 17 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 13, 1990 ADJOURNMENT The meeting properly adjourned at 9:20 P. M. - 18 W~st Palm Beach FL 33401 Southern Bell September 26, 1990 File: 240.0911 Mr. V. A. Finizio Administrative Coordinator of Engineering City of Boynton Beach P. O. Box 310 Boynton 8each, FL 33425-0310 Re: STREET ABANDONMEN~ REQUEST SUBMITTED BY P. J. PEDICINI FOR OVERLAND CONSTRUCTION CO., INC. (915 N. FEDERAL HWY.) Dear Mr. Finizio: Please be advised that Southern requested abandonment under the Bell has no objection to the following conditions: The property owner will provide a properly recorded easement suitable to Southern Bell for the relocation of the existing Southern Bell poles and aerial cables/terminals serving customers to the north and south of the subject property. The property owner will be responsible for all expenses incurred for the relocation addressed in 1, as provided under Florida Statutes addressing relocation within public rights-of-way. Engineering of a Southern Bell authorization for the required relocation and the subsequent construction involved would not be scheduled until a check for the estimated expense is received from the petitioner. This amount can be provided upon direct meeting with the property owner to detei-mine location of replacement easements and work involved. Should you have any questions please contact C. J. Lonsdale, Engineer, at 837-9061. Manager~Engineering Attachment CJL/rr A BELLSOUTH Company Comcast Cablevision of West Palrr Beach. [nc. 1401, Northpoint Parkway West Palm eeach. F~orida :33407 (407) 478-5866 (407) 686-9499 FAX ( )COMCAST 9/27/90 Mr. Vincent A. Finizio Administrative Coordinator of Engineering City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 RE: Street Abandonment Request Submitted by Peter J. Pedicini on behalf of the Owner, Overland Construction Company, Inc. Dear Mr. Finizio; After Surveying the proposed street abandonment, Comcast does not ogject. However, we have existing overhead cable attached to power poles. Should we have to relocate any of our facilities we will require full reinbursement from Overland Construction Company, Inc. przor to any construction of our cable facilities. If there are any questions, please feel free to call me. Sincerely, Dominique Aumais Construction Coordinator DA/eg BUILDING DEpA~RTMENT MEMORANDUM NO. 90-497 November 5. 1990 TO: Christopher Cutro, Planning Director THRU: Don Jaeger, Building & Zonlsg Director~ PROM: Mluhael E. Naag, Zoning ~ Slte Developmen= Administrator RE: TR~ Commen~s - November 5. 199f Meeting SITE PLAN MODIFICATION - ALLSTATE BUILDING AT QUANTUM CORPOP~ATE PARK Upon review of the above mentioned pro3ecr, the followlng ilst Df comments must be addressed in order ~o conform with Boynuon Beach Clty Codes: 1. Specify on the plans that the struc~nre is a slng!e 5enant building. 2. Identify on the plans the total open space area as by Appendix A Zoning Sectlon 7 H 13. 3. Provide a copy of the South Florida Water Managemen= District perml5 that specifies that approved finish floor etevan~on for the building. 4. Specify on the plans the number of employees per shift ~o occupy the building. Identify the number of visitors proposed 5o vmsit the building. Show on the plans the approF~iate number of parking spaces as required by Appendix A Zoning Sectlon 7 H 2. 5. Provide a detailed plan view and full section view drawing of the dumpsLer enclosure and pad. Identify the 5ype, size and color of the material proposed for the sides of the enclosure. Specify the size and type of all required vertical and horizontal szructural material and componen5s for the enclosure walls and 5ssociated pad. Identify the overall height, width and length of the enclosure. Show ten feet (I0') clear m~nimum width of the enclosure opening. Clear opening width mus~ he measured inside )f gaEe and post material or mee5 the Public Works Department specifications for size of compactor enclosure. Wh~re gates are proposed, specify the method of holding the enclosure ga~es in the open and closed position. 6. The outline, configuration and material shown and identified on the pro]eot drawing(s) submitted with the plan(s) for final sign-off shall match in every respect the colored drawing{s) approved by the City Commission during the approval process of the project The color of each exterior finish material shown on the final sign-off plans shall be identified by name, color number and manufacEurers name which shall match in every respect with the color(s) shown on the drawing(s) approved by the City Commission. A manufacturer,s color chart showing and identifying all approved color[s) shall be submitted with the plans for final sign-off. 7. Show o~ the site plan drawing the location, width and of the required handicapped accessible "walkway" leading ~o the handicapped entrance of the buil ding from the public sidewalk. Identify the type of material proposed for the~' walkway. P~ANN~NG PEP 8. Show on the paving and drainage plan and/or the floor plan the location, width, length and elevation of the level platform that is required at the entrance of the building. Page 1 of ADD~NDLM C Memo to Christopher Cutro RE: Allstate building at Quantum November 5, 1990 Page Two of Two Corporate Park, Memo No. 90-497 Specify on the plan that the handicapped parking slgn will be installed seven feet from grade tc the bottom cf the sign. · c =-~?- on the plan the 5~e of material proposed for the 10 ~p-~-~ hsndirapped ramp. -- Skew on the site ~lan drawing the lo~=~_~n ...... required fire lane. Specify and skew on the site plan the fire lane pavemenn markings and slgnage. ll. 13. 16. 17. Prtvide a s~atement on the plan than ~'-= -'~ ~._ =l~e ii~hting £peclfy on the plan the s.x:rce cf irri~allon waner for the -~'-'~' fL nile ianlscape pla!i a COiiEiliii'3'2S visual k~-rrler adjarent ~o the north side :f the building r{ s~r%~n .... :lOU_.~=amt ~eI~&~l~ area nrem the aijacen5 pro[ersy ts the wesL . Landscapin'g proposed to be installed ...... an essemen~ _,~a±l be allowed only a~ser consent of 511 ~ ~--- companies ~h~ have access rz~ht 5o ,.is= the easemens. Signs on the premises mllsn romply with +~.,_ approved Quansum Park s!gn program. P~ge 2 of ADDENDIPI C E~qG~I~:ICT~G DEF~ ]~2~ORARDU~ NO. 90-272 To: J. Scott Miller CityManage~ Prom: Vincent A. Finizio Administrative Coordinator of Engineering Re: Teck~ical Review Board Co~ents ALLSTATE INSURANCE AT QUANTUM PARK (Lots }20 & ~21) Architecture 6400, Inc. A Divisio~ of Stiles Corporation 6400 North Andrews Avenue Fort Lauderdale Florida 33309 November 4. 1990 Page 21 In accordance with the City of Boynton Beach, Code of Ordinances, Chapter i9, Section 19-7. "Plan Required" and 19-17.1. "Fee to Accompany Plan", including Chapter 5, Articie X, "Boynton Beach Parking Lot Regulations", Section 5-I42. "Required Improvements" .inclusive), the appiicant for the above referenced project, shall submit the following plan revisions, technical data, information and requested engineering details as follows: i. the parking facility lighting plan submitted does not comply with the req- uirements of Chapter 5, Boynmon Peach Parking Lot ReguLations, Article X, Section 5-I42 (a), "Required Lighting" and Section 5-142 (g), "Lighting Standards". Depicted lighting levels fall far below the required standards. I recommend that the applicant obtain a copy of Chapter 5, Article X, Boynton Beach Parking Lot Regulations and revise plans in accordance with the requirements setforth within Section 5-142 (g) "Standards for Lighting and Illumination Levels", in order for the plans co meet with the provzszons of this section, a prerequisite of this Depar~men:s approval The re-submitted parking facility lighting plans, including the associated electrical construction drawings, shall contain the note: "T~e entire parking facility lighting system shall be photocell activated". 2. The Engineer's plan sheet C-1 indicates that sidewalk construction will be by others~ Delete this note. Pedestrian sidewalk constructio~ zs ~ requiremen~ of Chapter 22. "Streets" and shall he constructed in conjunction with the develop- ment of this site. Although the submitted survey depicts in-place sidewalks, ~he applicant shall re-construct that section of sidewalk situated within the ingress/egress approach areas. It shall be a minimum thickness of six (6) inches through these areas and be transitioned through the approach ar~as to acco~zmodacs Handicap persons. Chapter 22. "Streets & Sidewalks", Section 22-25. "Sidewalks Required", including Section 5-142 (g)~ "Sidewalk Construction Standards". 3, The P~et Roy Landscaping plan conflicts with the Developer's Engineer plan C1 in the following areas: a) Along the south perimeter of the parking facility, the required Engineer's drainage plan indicates a deep continuous grassed swale [o store and pre-treat stor~watar, prior to the stormwater being discharged into the formal drainage system designated on said plan (contairnnentJ. ~he landscaping plan shall be modified to compliment the required :ontainmeng of stormwater as the landscaping plan depicts existin~ trees and ~ree berm areas at the same location the Engineer depicts a deep grassed swale. Additionally, Engineer's detail on plan sheet Sec- tion DD/EE indicates a grassed swale along the E&W perimeter ~o be utilized as both a sTorage/containment, raceway area for facilitating a directional flow of stormwater toward a depicted sto~water inlet s~rucTure. The Architect's plan indicates a flat (finished grade) planting area comprised of cocoplnm materials/Heather. Revise the Architect's plans to compliment the Drainage plan. It is apparent that the existing trees along the south peri~eter will have to be extracted amd replant- ed within the required drai~ge area or the engineer will be required to perform a complete re-design of the sgormwager drainage system, as the Engineer's containment and storage calculations did not take into account the existence of in-place trees, bergs and_flat_grade, areas proposed by the Architect. Resolve plan conflicts. b) The Engineer's plan sheet C2 states that the raised continuous concrete curbing shall have a compressive strength of 3,000 p.s.i, which is in compliance with City s~andards. The Architects plan sheet P1 £ndicates a compressive strength of 2~500 p.s.i. Revise the Architects plan ~o compliment the Engineer's plan. Page 1 of ADDENDI~ D ALLSTATE INSURANCE AT QUANTUM PAR~ November %, 1990 Page ~2 3. Rhett Roy Planting plan conflicts with Engineer's plan ........ cont'd c) The Engineer's plan indicates all areas co be fully sodded. The Architects plan indicates mulching.aiong the east perimeter. A determination shall be made as to which material will be utilized. The plans wilt than be revised accordingly. 4. Provide a "Handicap" parking stall detail which uomplies with the requirements set forth within the Department of Community Affairs Accessibility Requirements [latest edition). Additionally, Handicap signage shall be mounted seven (7) feet above grade to the bottom of the sign and be grouted in piece. ChapTer 5, Article X~ Section 5-142 (k), "Handicap Requirements". Revise Architects plan sheet A-1. 5. RECO~9~ENDATION: The future access area should be construe=ed at a later date uo eiiminate the possibility of motorists utilizing this area as a parking area or stripe the subject area in order to define a quantity of three (3) parkihg stalls. 6. The Engineer's plan sheet g-1 indicates the construction of new pavement with- in the public right-of-way of N.W. 22nd Avenue. Revise notes To read as follows: "Constracr new pavement-twelve inch stabilized subgrade with a F.B.V. of sevenuy- five (75)-eight (8) inch limerock base primed one and three-quarter inches of Type II asphaltic concrete". Reference City od Roynton Peach Code ~f Ordin- ances, page 2139 and 2140, Appendix 'C", Article X, Section 10. " 10F. "Ma[erials". Revise plans aecordingiy. StreeTs , subsection 7. Provide yellow skip lines to delineate the left (exiting) turning movements onto N.W. 22nd Avenue. 8, Engineer shall provide the following s[atemeng on his certified drainage calculations: "Stormwatez shall be contained on-site~ Containment capacity meets or exceeds a minimum o~ two and one-half (2.5) inches of rainfall in one hour". Chapter 5, Article X, Section 5-142 (f),Requmred Drainage Improvements". 9. RECOMMENDATION: Obtain permission from ~uantum Associates to modify the in- piece median within N.W. 22nd Avenue. The removal of in-place plan~ and trees, should be coordinated with the City's Forester relative to determining relocation points for the materials ~o be removed. Reference Chapter 7., Section 7.5-24. page 604 titled "Procedures of City Inspector to be Followed", including Section 7.5-15. "Tree Pro~ection", subsection 7.5-1P (e). "Tree Location and Replacement Activities ....... .. Contact City Forester Kevin Hallahan at telephone number (407) 734-8111 ex~. 274. ~ OF T.R.B. COMMENTS Respectfully submitted, Page 2 of ADDEND[PI D MEMORANDUM Utilities ~90-644 TO: Chris Cutro, Planning Director ~ !/~ , / FROM: John A. Guidry. k~.~ Director of Utillti DATE: November 5, 1990 SUBJECT: TRB Review Allstate Insurance Quantum We can approve this project, subject %o the following Show all utility easements. Lots 21 & 22 conditions: Fire hydrants must be installed to within 20D' of all points the building. Add hydrants along east property line. Reduced pressure backflow preventers will be required. We recommend dual units in parallel so service is not interrupted during testing. of Irrigation is not to be supplied by City water. Work to be in accordance with City of Boynton Beach Details and Criteria sheets. Correct sheets C-~ and C-5 accordingly. Show elevation of existing and proposed inverts at manhole connection~. in sanitary service line. Eliminate 90° bend at fI~e hydrant. Eliminate bend near manhole JAG:gb bc: Michael Kazunas cc: Peter Mazzella File ADDENDII~ E BUILDING DEPARTMENT MEMORANDUM NO. 90-498 November 5, 1990 TO: Christopher Cutro, Planning Director THRU: Don Jaeger, Building & Zoning Director~ FROM: Michael E. Haag, Zoning & site Development/Administrator RE: TRB Comments - November 5, 1990 Meeting SITE PLAN MODIFICATION - HUNTERS RUN CLUBHOUSE ADDITION/CARD ROOM AND MEETING ROOM Upon review of the above mentioned project, the following list of comments must be addressed in order to conform with Boynton Beach City Codes: The outline, configuration and material shown and identified on the project drawing(s) submitted with the plan(s) for final sign-off shall match in every respect the colored drawing(s) approved by the City Commission dtlring the approval process of the project. The color of each exterior finish material shown on the final sign-off plans shall be identified by name, color number and manufacturers name which shall match in every respect with the color(s) shown on the drawing(s) approved by the City Commission. A manufacturer's color chart showing and identifying all approved color(s) shall be submitted with the plans for final sign-off. Show on the site plan the location and ppecies of the ex~sting landscape material thai is presently located where the proposed expansion will be constructed. Specify on the site plan where the existing landscaping will be relocated on the site. Remove the incorrecm none located at the bottom right corner of page 1 of 4. 4 o Show on the plans the location of the continuous landscape visual barrier required along the north edge of the main vehicle use area. The continuous visual barrier is required to screen the vehicle use area from view by adjacent property owners. Specify the size, spacing and type of species proposed for the landscape barrier. Include a none on the plan specifying that ~e landscape material will be irrigated with an automatic water system. RECEIVED NOV ? PLANNING DEPT. PLANNING DEPT. MEMORANDUM NO. 90-327 TO: FROM: DATE: SUBJECT: Chairman & Members Planning & Zoning Board c~er-~ Planning Director November 9, 1990 Consistency for Amendments to C-1 Zoning District It is being proposed that the C-1 zoning district be amended to allow restaurant and personal services as a conditional use. Conditional uses are reviewed by the TRB, the Planning and Zoning Board and the City Commission. A full set of plans must be submitted with the request for a conditional use. In the Boynton Beach Code of ordinances .it states that a conditional use would not be appropriate generally throughout a zoning classification, such uses, if controlled as to area, location, number, or relation to neighborhood would promote public appearance, convenience, general welfare, etc. All of the C-1 zoning in the City is located on major roads and on large parcels of land. Three of the parcels are fully built with offices and one is a mixture of strip retail and offices, one is vacant and the third is partially developed for office. Personal services such as beauty salons, tailors, dressmakers are very much akin to doctor's offices and dental offices. Both uses use schedules and are not given to walk-in traffic. Restaurants are not similar to offices but an argument-can be made thau this use is complementary to office use. Allowing such uses often helps to cut down on external trips in office developments. Staff feels that allowing these uses as conditional uses in the C-1 zoning zs acceptable. The approval of a conditional use is subjec~ to very close scrutiny both at the Technical Board and City Commission. Staff would take into consideration plot size, land use relationships between the site and surrounding properties, buffering, local need and other factors in approving a conditional use. Safeguards do exist to protect the community and surrounding areas if these uses were proposed. Staff recommends the Planning and Zoning Board find the proposed amendment consistent with the Boynton Beach Comprehensive Plan and forward it to the City Commission with a recommendation for approval.