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Minutes 07-10-90MINUTES OF REGULAR MEETING OF PLANNING AND ZONING IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, TUESDAY, JULY 10, 1990 AT 7:30 P. M. BOARD HELD FLORIDA, PRESENT Maurice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Nathan Collins Denys "Sam" DeLong Cynthia Greenhouse Murray Howard Daniel E. Richter Jose' Aguila, Alternate Harold Blanchette, Alternate Tim Cannon, Interim Planning Director Jim Golden, Senior Planner ~mbri Heyden, Assistant City Planner Scott Elk, 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 Commissioners Robert Olenik, Jr. and Arline Weiner; Marina Haberman, Member of the Code Enforcement Board; Vincent Finizio, Administrative Coordinator of Englneering, and Simon Ryder, Former Chairman of the P&Z Board. AGENDA APPROVAL Under "OTHER, B", Mrs. Greenhouse added "Workshop Meeting for the P&Z Board, CAB, and City Manager to review new Sign Ordinance." She stated the City Manager wants the B~ard to set a date. Mr. Cannon had informed her he would notify the Members of a da~e and would get the Ordinances to the Members. Chairman Rosenstock added "Developer's Agreement" under "OLD BUSINESS", before the Public Hearings. Mr. ColLins moved, seconded by Vice Chairman Lehnertz, to approve the agenda with the additions. Motion carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS Mr. Cannon announced that this would be his last meeting. He will take a position with the Department of Community Affairs (DCA) in Tallahassee, FL on July 30, 1990. Mr. Golden will be the Acting Planning Director whil~ the City Manager searches for a permanent Planning Director. Speaking for all the Members, Chairman Rosenstock wished Mr. Cannon success. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 MINUTES OF JUNE 12, 1990 Mr. Collins moved to approve the minutes as presented, seconded by Mr. Howard. Motion carried 7-0. OLD BUSINESS Developer's Agreement As an example, Ct%airman Rosenstock referred to the problems Casa Blanca had getting its project approved. He called attention to the roofs and the way Casa Blanca had presented its plans. Chairman Rosenstock recalled there was discussion among the Commissioners that it is almost reaching absurdity where developers present a project to the City with beauti- ful plans and specifications and when they reach the comple- tion of the project, it is coincidental if there is any similarity to what they planned to do and what is finally completed. Chairman Rosenstock suggested to J. Scott Miller, City Manager, that there should be a developer's agreement that developers could sign saying what they presented is what they will do. He thought there was a miscommunication with the City Attorney as to what protective devices the City has, with regard to what the Board and the City desired. To have a developer's agreement, the City Attorney felt the City must comply with Sec. 163.3225. Chairman Rosenstock read Sec. 163.3225 and called an'emergency meet- ing with the City Manager and City Attorney on Friday, know- ing the Board would meet tonight, because he thought it was urgent that the City has an agreement. At the meeting, they concluded that Sec. 163.3225 was not what the City needed. Chairman Rosenstock had a copy of a simple agreement, which he explained. The City Manager and City Attorney agreed they would provide an Ordinance and an Agreement at the next City Commission meeting. Chairman Rosenstock recalled the Members had previously discussed this and said this was what they wanted to have done. Mr. Richter thought the Board did not want any "big switch" He agreed with what Chairman Rosenstock did. Chairman Rosenstock told Mrs. DeLong he had a proposed agreement, but he thought it would be refined. Mrs. DeLong agreed there should be something, but she wondered why there was an urgency for the meeting on Friday. Chairman Rosenstock replied Water's Edge has not signed an agreement. Craig Livingston, Architect, volunteered at a meeting to sign such an agreement, but such an agreement has not been drawn - 2 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 up and made available to the Engineering and Planning Departments. Chairman Rosenstock felt time was of the essence because plans will be submitted, people will start projects, and he did not think it should be incumbent upon the Board to hold the people up from starting their projects when they voluntarily agreed to sign some type of agreement. Mrs. DeLong asked at what point in the process developers would be asked to sign such an agreement. Chairman Rosenstock replied that would be up to the Planning and Engineering Departments. Discussion will be forthcoming at the City Commission meeting. If developers do not comply with the agreement, Mr. Howard wondered what the ramifications will be. Chairman Rosenstock stated the City Attorney told him the City wants to intro- duce an Ordinance so it will be compulsory that all developers sign such an agreement. If an Ordinance is passed and the developers refuse to sign such an agreement, the developers cannot build their projects. There were ~urther comments. OLD BUSINESS A. PUBLIC HEARINGS (Continued June 12, 1990) LAND USE ELEMENT AMENDMENT/REZONING Project Name: Agent: Owner: Location: Legal Description: Description: West Boynton Beach Blvd. Retail/Oil-Lube Kieran J. Kilday, Kilday & Associates Bill R. Winchester Elsie A. Winchester Michael A. Schroeder William A. Zeiher West Boynton Beach Boulevard at Winchester Park Boulevard, northeast corner See "Addendum A" attached to the original copy of these minutes in the Office of the City Clerk Request to show annexed land as "Local Retail Commercial" land use and to rezone from AR (Agricultural Resi- dential) in Palm Beach County to C-3 (Community Commercial) - 3 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 NOTE: ~he applicant has amended this application as o~tlined in the s~aff report. Mr. Golden read the Planning Department's Memorandum No. 90-211, which is attached to the original copy of these minutes in the Office of the City Clerk as Addendum B. The Planning Department recommended that the application be approved. Mr. Golden informed Mr. Collins that the County was notified several months ago that these applications had been postponed. The City told the County they would be notified when the applicant notified the City. A follow-up letter was sent to the County about a week ago concerning the change in application. Mr. Golden hoped to have the County's comments before the City Commission meeting on July 17th. He did not anticipate any problems with this application, and he explained ~he County's Comprehensive Plan is High Intensity Commercial, which is comparable with the City's Local Retail in the C-3 zoning. Discussion ensued ~Dout other uses that could be used in C-3 zoning. Kieran J. Kilday, Kilday & Associates, Landscape Architects/ Plan~ers, i56~ Forum Place, Suite 100A, west Palm Beach, FL 33401, told the Members he will be submitting a package to the T~easure Coast Regional Planning Council tomorrow for a development of regional impact (DRI). He indicated the property tha~ would be incorporated in it. Mr. Kilday was asking tor annexation and a land use designation which was consistent with the City's plan (C-3). He said the City's rezo~ing requirements require that the applicant provide a before and after :picture of the existing zoning and proposed zoning in terms ot impacts on water, sewer, and traffic. That was why they were using the restaurant as a use. Mr. Kilday explained that in order for the City to assess impacts, the appl~icant had to choose the heaviest impact use. t~he Board could even limit it to a f~st food restaurant becaus~e it is a Conditional Use. Chairman Rosenstock asked if anyone wished to speak ~n favor of or in opposition to the request. There WaS no response, and the PUBLIC HEARING WAS CLOSED. Mr. Kilday told Mrs. Greenhouse they may request a fast food restaurant. However, they had to show the City they could meet the City Co~es in the most intense scenario. Mr. Howard asked if they were planning to sell the parcel as - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 C-3. In all probability, Mr. Kilday felt the partners who own the property would probably sell the property. If they attempt to pu~ a service station on the site, Mr. Golden advised repairs will be allowed as an ancillary use. Chairman Rosenstock asked whether the petitioner would agree not to put an auto care or service station there. Mr. Kilday did not want to agree to anything he could not live up to. He stated they could agree to auto care because the Code strictly prohibits it. Mr. Kilday felt the City's plan listed the uses. He again explained how the applicant had to provide impa~ts so they first chose the auto lube as the most intensive use. That was prohibited so they chose the fast foods. There was discussion about C-3 zon~.ng, the Comprehensive Plan, service stations, and auto repairs. In terms of the land use considerations, Mr. Kilday said even if it was a retail/oil-lube, there may be merits to it. He emphasized the Code does not allow it, but he informed Mrs. Greenhouse everyone has the right to ask for a va=lance. He was not going to give up that right because a couple of people made a pre-judgment on the site. After explaining, Mr. Kilday stated he was only asking for C-3 zoning. Mr. Richter thought the Board should see if everything was consistent with the Comprehensive Plan. From the discussion, it seemed the Members were trying to back Mr. Kilday into a corner. The Members should look at it as a C-3 parcel and see if they agree it should be C-3. They should then vote on it. Vice Chairman Lehnertz felt they should look at what Boynton Beach will look like in the future. Further discussion ensued about Palm Beach County, the uses allowed in C-3. and the Compr~nensive Plan. At this time, Chai.rman Rosenstock said the Members had the right to ask the applicant to do certain things voluntarily. Mrs. Greenhouse wanted the applicant to be bound by what is presently in the City's Code and not request a variance. Mr. Kild~y again explained the applicant had shown a restaurant from ~ standpoint of land use intensities. He repeated he was requesting C-3. The Board could recommend additional conditions, but Mr. Kilday stated he was not in a position to agree to them at this point. Motion Mr. Richter moved to approve the request, seconded by Mr. Collins. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACE, FLORIDA JULY 10, 1990 Mrs. G~eenhouse asked Mr. Richter to add to his motion that no variance can be sought to intensify the use further than what is presently permitted in C-3 zoning. She wondered if she could make a motion to that effect, if Mr. Richter would not add it to his motion. Attorney Elk advised a person has the right to request a variance. Mr. Cannon stated it would probably be very difficult to prove the property owner has a hardship and the property is undevelopable unless a service station is put there. A myriad of uses could be put there under C-3 zoning. Mr. Cannon did not think the Board of Adjustment would approve a variance for auto repairs. A vote was taken on the motion, and the motion carried 7-0. 2. Project Name: Agent: Owner: Location: Description: Old Boynton Rd./Congress Ave. Service Station Kieran J. Kilday, Kilday & Associates Bill R. Winchester Elsie A. Winchester North Congress Avenue at Old Boynton Road, southwest corner Request to show annexed land as "Local Retail Commercial" land use and to rezone from AR (Agricultural Resi- dential) in Palm Beach County to C-3 (Community Commercial) NOTE: This application has been withdrawn. NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT/REZONING/TEXT AMENDMENT 1. Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Beach Boulevard Rezoning Kieran J. Kilday, Kilday & Associates Tradewinds Development Corp. South side of West Boynton Beach Boule- vard, east of Leisureville Boulevard See "Addendum C" attached to the original copy of these minutes in the Office of the City Clerk Request to amend the Future Land Use - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 Element of the Comprehensive Plan from "Moderate Density Residential" to "Local Retail Commercial" and to rezone from R-1AA/PUD (Single-Family Resi- dential) to C-3 (Community Commercial) to permit a farmer's market and a drive- through dairy barn Mr. Golden read the Planning Department's Memorandum No. 90-201, dated June 18, 1990, which is attached to the origi- nal copy of these minutes in the Office of the City Clerk as "Addendum D". The Planning Department recommended that the requests be denied. As an alternative, it was recommended that "Office Commercial" land use and C-1 (Office/Profes- sional) zoning be approved, subject to the conditions and limitations contained in the memorandum (Addendum D). Mr. Richter noted Mr. Golden indicated the proposed use of the site would constitute the grantimg of a special privilege to an individual property owner, and he had contrasted it with the protec%ion of the public welfare. Mr. Richter asked whether that was just the Planning Department's opinion or all the other issues put together. Mr. Golden answered it was based on the policies in the Comprehensive: Plan. He added ther~ would be close proximity of the retail to the residential. The lots are small, so the homes are close to the rear property line. Mr. Richter inquired whether any other use would also be a special privilege. Mr. Golden replied there is an argument for other than single family homes on the site (office, institutional, or something that would fit in with the surrounding neighborhood), but retail would not be appropriate. Comments were made about zoning and the alternative. Mr. Howard asked if they would have a lot of traffic flow with an office building. Mr. Golden answered they would meet the County Ordinance, and he elaborated. Chairman Rosenstock questioned why it was incumbent upon the Board to recommend any use other than what the applicant asked for. Mr. Golden replied the alternative was up to the Board. He added that the City Commission cannot condition zoning approvals. Kieran J. Kilday, Kilday & Associates, 1551 Forum Place, Bldg. 100A, West Palm Beach, FL 33401, stated they were - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 · asking for C-2 zoning, but the owner plans to be the developer of the site and knows specifically what he wants. Mr. Kilday added he was in a position to agree to the specific uses they were requesting. He had a specific site plan with a specific buffering plan, Which he was in a position to agree to. Mr. Kilday said the uses they were requesting tonight had always been intended uses in the negotiation of the utiliza- tion of a larger piece of property. The~ came up with a plan to dedicate 3! 2 acres to the City for utilization as a park, hoping the City could obtain additional vacant land to the east; and a half acre site, whfch will have the Dick Webber Child _Abuse Center~ .This owner will construct the building for the Center, which will be in the neighborhood of $200,000. The understanding was the property with the Boynton Beach Boulevard frontage could be use~ for commercial use. From Day l, they had asked for the uses that were before the Board tonight. Mr. Kilday showed where C-2 zoning currently exists on Boynton Beach Boulevard. He pointed oat that the restric- tions and concerns being placed on this property could have applied to the p~roperty adjacent to the applicant's property when the Plan was adopted. Mr. Kilday indicated where C-2 is totally unrestricted and said they asked for C-2 because it was a matter of consistency. It is consistent with the zoning of all the remaining frontage along Boynton Beach Boulevard. Mr. Kilday admitted they abut residential property. Mr. Kilday stated they refined the plan to eliminate any parking along the west side of the property. Additionally, they set aside a 21 foot strip to provide for a wall and buffer treatment. They showed a berm and how trees would be staggered along it and how it would be planted. Mr. Kilday showed pictures of farmers' markets, whic~ had vegetable type stands. All of them abutted residential properties. Mr. Kilday did not believe they were asking for a special privilege because they were asking for the same zoning that abuts them to the east. The County wrote a letter stating they met the new 1990 restrictive Traffic Ordinance. Mr. Kilday explained he could not agree to professional offices. He referred to Cross Creek, which has to go through an amendment process because they could not fill the offices. - @ - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 The applicant's concern was there is not an office market. Mr. Kilday referred to another office building and after expounding said there is no demand for an office building the City. Mrs. DeLong gave examples of why she was concerned about the traffic situation. Mr. Kilday showed on the overlay where their only entrance would be and said it was directly in line with the existing median cut. All traffic coming and going would have enough room to maneuver on-site. Mr. Collins asked whether Mr. Kilday had talked to any of the residents. Mr. Kilday replied a woman in his office talked to several residents. The woman in his office felt the buffering was a direct result of the responses. She did not feel the responses were bad. Mrs. DeLong asked how many feet were between the back of the houses and the property line. Mr. Kilday answered there are 25 feet and an additional 22 feet, which will be their buffer area. Vice Chairman Lehnertz inquired whether traffi~ will be exiting both east and west onto Boynton Beach Boulevard. Mr. Kilday answered affirmatively and further commented. Chairman Rosenstock asked if anyone wished to speak in favor of or in opposition to the request. A woman named Robin from S. W. 1st Court elaborated and emphasized Boynton Beach needs more parks. She thought the idea of putting a home there for abused children was absurd. The woman thought anything that would create a traffic hazard along Boynton Beach Boulevard was also absurd. She adamantly stated Boynton Beach does not need another store, especially a dairy farm when 30 feet down the street there is a 7-11. Laszlo Dienes, 126 N. W. 10th Court, talked about a drainage problem which comes from a field east of N. W. 10th Court, and he wanted a storm sewer built to relieve Leisureville from its drainage problem. He showed on the overlay where the homes having a drainage problem are located. After discussion, Mr. Kilday responded he was not aware of the problem, but the applicant would have to meet the criteria of the Technical Review Board (TRB). The applicant will be able to keep its wa~er off Leisurevilla's property. - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 Mr. Kilday informed the woman who spoke that a portion of the site is the 3} acre park dedication that is intended to be built by the City with appropriate drainage. The Dick Webber Child Abuse Center is not a home for permanent resi- dents. It is a counseling type center that is currently housed in the City buildings. This will be the Center's permanent base. As no one else in the audience wished to speak, THE PUBLIC HEARING WAS CLOSED. Motion Vice Chairman Lehnertz moved to recommend denial of the request, seconded by Mrs. DeLong. Vice Chairman Lehnertz told of driving around the site and the adjacent neighborhood. It appalled him to think they would put a dairy barn and drive-through in that area. Vice Chairman Lehnertz talked to residents in Lake Boynton Estates and everyone was shocked this might go in next to their homes and in their back yards. He talked to someone on N. W. 10th Court in Leisureville and had the same re- action from that person. Vice Chairman Lehnertz stated the rest of the strip along Boynton Beach Boulevard runs one block deep. Mr. Ki~day was asking for twice the depth of C-2 rezonlng~ which Mr. Lehnertz thought was unreasonable. He felt the under- lying issue was the impact on the adjacent single family land uses and that was a reason to reject the application. Mrs. Greenhouse thought they should protect the home owners. Chairman Rosenstock was surprised the home owners were not present to protest, and he called attention to the P~annlng Department's reasons for denying the request. A vone was taken on the motion, and the motion carried 7-0. The request was DENIED. CONDITIONAL USE Project Name: Agent: Owner: Location: Description: Nine to Five Day Care Center Slattery & Root Architects The Hamlet Joint Venture East side of N. E. 4th Street, between N. E. 16th Avenue and N. E. 20th Avenue Request for conditional use approval to - 10 MINUTES PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA JULY 10, 1990 construct a day care center for 150 children Mr. Golden informed the Members the applicant requested a rear setback variance, which was denied last night by the Board of Adjustment. They must now redesign their site plan. Therefore, Mr. Golden recommended that the public hearing on this be continued. Mr. Richter moved that the public hearing on this request be continued until the next meeting of the Board on August 14, 1990 at 7:30 P. M. so the petitioner can redo his site plan. Mr. Howard seconded the motion, and the motion carried 7-0. B. SUBDIVISIONS MASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Legal Description: Description: Cross Creek Centre Kilday & Associates Cross Creek Associates West Boynton Beach Boulevard at the L.W.D.Do E-4 canal, northwest corner See "Addendum E" attached to the original copy of these minutes in the Office of the City Clerk Request for approval of an amended master plan to convert an additional 4,400 square feet of office floor space ~o retail floor space Mr. Golden made the presentation. The TRB recommended approval of the request, subject to the staff comments from the Planning Department attached as "Addendum F" to the original copy of these minutes in the Office of the City Clerk, and to the following comment: Engineering Department "In accordance with the City of Boynton Beach, Florida, Code of Ordinances, Chapter 19, Sec. 19-17, 'Plan Required - Site Plan Review and Approval Process' including Chapter 5, Article X and applicable zoning regulations, the applicant for the above referenced project shall provide a quantity of one (1) additional parking stall in proximity to the addi- tional retail area. Existing pavement area (according to 11 - MINUTES - PLANNING & ZONING BOARD BOTfNTON BEACH, PLORIDA JULY 10, 1990 the applicant) shall be seal coated and restriped in accordance with Sec. 5-142(g), 'Striping Standards'. Note: Seal coating and restriping of parking facilities requires the securing of Building Department permits including the successful completion of a ~inal inspection to verify stall striping and number of stalls." Mr. Golden called attention to the comment from the Engineering and Planning Departments stating one more parking space that has to be restriped is needed because of the fraction created by the 4,375 square ~eet shown on the plan. He explained why the applicant will not have to restripe to get additional space and said if the Engineering Department was agreeable, they could correct the staff com- ments with respect to restrip~ng before this goes to the City Commission. Mr. Finizlo agreed to this. Mr. Howard inquired about the traffic impact. Mr. Golden replied the additiona.1 trips generated would not be that significant. Vice Chairman Lehnertz reiterated comments he had when this previously came up. He stated they were seeing a piecemeal conversion of the office area to a commercial building. When this first came before the Board, it was zoned Residen- tial. Residents to the north were adamantly against rezoning to Commercial. To appease them, the easternmost building closest to the northern proper~y owners was made Office and the western part was made Commercial. Vice Chairman Lehnertz stated this is the third time this has come back. Each time they want more. Vice Chairman Lehnertz felt the Members would be doing a disservice to the residents who live north of the area if they approved this. Mr. Richter wondered who would live on a six lane highway with turn lanes on it. After elaborating, he stated it was a compromise. Almost all of the office space of the Centre has been vacant since it was built. The remaining 4,000 square feet is still empty. Mr. Richter expounded about office and retail space and stated this would create more jobs and fill the place. Vice Chairman Lehnertz stated they were now seeing no compromise, and they were going back to what the developer originally wanted. He further commented and referred to Casa Blanca, which he thinks is a nice, residential area. Mrs. G~eenhouse agreed with Mr. Richter. 12 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 Mr. Kilday responded the developer designed the building as an office building and he tried for two years to lease it. A portion of the building has been leased and will remain Office. Mr. Kilday said the Board would not see this coming back. He informed Mr. Rosenstock the office space would become 6,600 square feet. The retail would go from 24,000 to 28,400 square feet. Mr. Collins moved, seconded by Mrs. DeLong to approve the request, subject to staff comments, with the exception of those comments which will be deleted relative to restriping. Motion carried 6-1. Vi~e Chairman Lehnertz cast the dissenting vote. PREAPPLICATION/MASTER PLAN/PRELIMINARY PLAT Project Name: Agent: Owner: Location: Legal Description: Description: Tarqet Shopping Center Shalloway, Foy, Rayman & Newell,:.~c. American Development Corp. North Congress Avenue at N. W. 22nd Avenue, southwest corner A portion of land in the SE~ of Sec. 18, Twp. 45 S., Rge. 43 E., and being a part of the N½ of the NE~ of Sec. 19, Twp. 45 S., Rge. 43 E.~ in Palm Beach County, Florida Request for approval of the preapplica- tion, master plan preliminary plat, and construction drawings which provide for the construction of infrastructure improvements to serve a commercial shopping center As this was a project his office was handling, Mr. Aguila submitted a Memorandum of Voting Conflict (attached to the original copy of these minutes in the O~fice of the City Clerk as "Addendum G") in case there would be any questions. Mr. Golden made the presentation. The TRB recommended approval, subject to staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda H through J inclusive, and subject also to the following comments: Utilities Department "We've completed our review of the above plat and discovered - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 several locations where fire lines or water meters were lo- cated outside the utility easements. We contacted Shalloway, Foy, Rayman & Newell, Inc., who said they had also discovered the discrepancies and that a revised plat was being prepared. We have, at this time, approved the developer's plans and returned them for submittal to the Health Department. Vice Chairman Lehnertz recalled a statement that the orientation of this shopping center was not in keeping with the shopping center on the northeast corner. Mr. Golden explained the issue was raised when the site plan was approved, but it was not acted on. Therefore, the issue is dead. Mr. Richter moved to approve the request, subject to staff comments. Motion carried 7-0. C. SITE PLANS SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Legal Description: Description: Bethesda Memorial Hospital Child Care Center Bruce E. Mandigo, Asst. Director of Engineering Bethesda Memorial Hospital, Inc. West side of South Seacrest Boulevard south of Golf Road See "Addendum K" attached to the original copy of these minutes in the Office of the City Clerk Request for approval of an amended site plan to allow for the construction of a day care center for 100 children Ms. Heyden made the presentation. The TRB recommended approval, subject to staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda L through N inclusive, and subject to the following comments: Engineering Department "In accordance with Chapter 5, Article X, 'Boynton Beach Parking Lot Regulations', Section 5-142(k), 'Handicap Requirements' and the Department of Community Affairs, 'Accessibility Requirements Manual', latest edition, provide - 14 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 handicap ramps which are a minimum of forty-four (44) inches in width. Additionally, handicap slgnage shall be post mounted seven (7) feet above grade to the bottom of the sign. Post to be fully grouted in-place." Forester/Horticulturist "1. Fifty percent (50%) thirty percent (30%) native species. 2. The Tree Management sign-off." of the newly planted trees and of the newly planted hedges must Plan must be provided for T.R.B. be Mr. Collins moved to approve the request, subject to staff comments. Vice Chairman Lehnertz seconded the motion, and the motion carried 7-0. OTHER A. CONSISTENCY REVIEW (pursuant to Chapter 163.3194 F.S.) Proposed amendment to Parking Lot Regulations exempting existing residential projects where there is no increase in dwelling units Mr. Cannon said this Ordinance resulted from a recommendation by the P&Z Board. The intent of the Ordinance was to exempt residential projects from bringing their parking lots up to the parking lot Code, provided they were not increasing the number of dwelling units. As the Local Planning Agency, the P&Z Board had to review the Ordinance for consistency with the Comprehensive Plan. Mr. Cannon explained how he found this Ordinance would be consistent with the Plan with the exception of parking lots that are draining into the Intre- coastal or into Lake Worth. In Chapter 163 and Rule 9(j)(5), which govern the content of the City's Comprehenive Plan, Mr. Cannon said there are specific requirements that the City must improve the quality of storm water runoff into Lake Worth, which is connected to the Intracoastal. He read Policy 7.23 in the Coastal Management Element and Policy 3(a]1.4 that the City will participate in and support the State's policy to eliminate the discharge of inadequately treated waste water and storm water runoff into the waters of the State, which in Boynton Beach are the waters of Lake Worth and the Intracoastal. Mr. Cannon thought the City would have to modify that language~ so there would be some construction threshold criteria in the coastal zone. 15 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 10, 1990 Mr. Richter recalled that originally, there was concern as to whether a single unit in a buildin~ with 20 units could rebuild without having to comply with the parking lot regu- lations, if it is destroyed more than 70% by flood or fire. Because it would be a modification to a previously developed site, Mr. Cannon felt they could rebuild the unit. He advised the Board could clarify that language. Mr. Richter was concerned about unit owners being put into a non-conforming use, not being able to get loans, and being unable to sell their units. Mr. Cannon thought if they would insert language that this does not apply to the reconstruction of previously constructed units, it would take care of it. There was further discussion. Mr. Cannon informed Mr. Howard they should use $50,000 as a threshold for clubhouses. To an existing clubhouse, $50,000 is a substantial change. Mrs. Greenhouse wondered if maintenance to a parking lot was one of the regulations. She did not want anyone to be exempt from that. Mr. Cannon assured her that all parking lots in the City have to be maintained, and he explained that Section applies regardless of the rest of the Article. If someone resurfaces a parking lot and the cost exceeds $50,000, Mr. Richter inquired whether they would have to modify the storm drainage. Mr. Finizio answered that no matter what the cost would be, they could maintain the parking lot with a building permit because they would not be changing the area. There were further comments. Mr. Howard moved to recommend the Planning Department's recommendations are consistent with the Comprehensive Plan, provided the reconstruction of previously constructed units is exempt. Vice Chazrman Lehnertz seconded the motion. The Recording Secretary repeated the motion, and the motion carried 7-0. B. Acquiring of Lots with $150,000 Grant Denys "Sam" DeLong Requested by Mrs. DeLong referred to a grant of $150,000 the City is getting to acquire lots. The City cannot buy lots they cannot build on. Mrs. DeLong wanted the P&Z Board to recom- mend that the City Commission relieve the non-buildable condition on the 50 foot lots the City wants to acquire with the grant. She was afraid the City would lose the grant money and thought a marketing plan should be put together so 16 - MINUTES - PLANNING & ZONING BOARD BO~lqTON BEACH, FLORIDA JULY 10, 1990~ the City can buy the lots. Mr. Cannon advised that the City Commission does not grant zoning variances. They would have to go to the Board of Adjustment. The Commission could change the rules concerning non-conforming lots in the redevelopment area. Discussion ensued about Community Improvement, lots, higher val~es for the lots, acquiring of the land, and variances. Mr. Finizio pointed out if they relax the rules on non- co~fo~ming lots, it might increase the value of the property. There was further discussion about isolated lots, blocks of lots, 50 foot lots, variances, putting this on the city Commission's a~enda, and the amount of time the City h~as left to spend the money. Commissioner Weiner interjected she could have this put on the nsxt agenda of th~ City Commission. C. Workshop Meeting re Sign Ordinance - Requested by Cynthia Greenhouse Mrs. G~eenhouse said a proposed Sign Ordinance was presented to the City Manager. She discussed with him a workshop meeting between the P&Z Board, the Community Appearance Board, the City Manager, and the City Commission. City Manager Miller agreed to this. Mr. Cannon suggested he would contact City Manager Miller and set a date. Mr. Cannon will also send copies of the Sign Ordinance to the Members prior to the meeting. ADJOURNMENT The meeting properly adjourned at 9:35 P. Patricia Ramseyer / / Recording Secretary i / (Two Tapes) ~j Mo - 17 ^ PARCEL OF LAND LYING IN SECTION 30'. TOWNSHIP &5 SOUTH. RANGE a3 E3%ST. PALM ~EACM COUNTY. FLORIDA. SAIH'PARCEL BEING A PORTION OF TRACTS A & B. BLOCK .3 OF PALM BEAClt FARMS COMPANY PLAT MO B OF SECTION 3O. TOWNSHIP &5 SOUTH. RANGE ~3 EAST. PLAT HOOK 5~ PAGE 73. PUBLIC RECORDS OF PALM 8EACH COUNTY. FLORIDA- SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: :CONMEN~ING AT THE NORTHEAST .~ORNER OF SECTION .30~' TOWNSHIP SOUTH RANGE a3 EAST: 'TNENCE WITH A HEARING OF SOUTH'87 WE~.'ALONG TRE NORTH bINE OF SECTIbN 30. A DISTANCE OF'6Q~O0 FEET TO 'A POINT ON IHE WESI ~IGHT-OF-WAY LINE OF CONGRESS AVENUE: T~NCE CONTINUE ALONG'THE ~FOREMENTI¢INED CL'~3RSE EXTENDED A. DISTANCE OF, 733.74 FEET' TO A f~C_,[NT: THKNCE W]TF{ A BEAR1NG OF SOUTlt &3" ,EASI'. ALONG A LINE LYING t~O.O0 FEET WEST OF AND PARALLEL TO THE! E~ST LiNE OF LOTS A & B. BLOCK 3. OF THE ABOVE DESCRIBED PLAT OF PA~I~1BF.f%CM FARMS COMPANY PLAT~NO. 8. A D~STANCE OF ~5.00.FEET TO 'A ~:~OINTJ SAID POINT BEING THE POINT OF BEGINNING ~ ~HENCE CONTINUE ALONG 'THE AFOREMENTIONED p~RALLEL LINE A DISTANCE 191.O& KEET To' A POINT ;3N TIlE NORTI[ RiGHT-OF-WAY LINE OF BOYNTON BRAG}{ BLVD: ]'HENCE WITH A BEARING OF SOUT}{ 87 32' A7" ~EST.'ALONG THE NORTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BLVD.. A DISTANCE OF 168~&3 FEET; THENCE NORTH d6 52' 58" WEST A DISTANCE OF .35.71 F~ET TO A POINT ON THE EAST RIGHT-OF-WAY LI~E O~ WINCHESTER'PARK BLVD-: THENCE Q/TH A BEARING OF NORTN 01 18 43 WEST. ALONG THE EASTERLY RIGI4T-OF-W^Y LINE OF ~INCHESTER PARK BLVD. A DISTANCE OF 165.5~ FEET TO A POINT; TIIRNCE WIT{{ A .BEARING OF NORTH 87 EAST ALONG a LiNE LYIH'.; 25.00 FEE'] SOUTH OF AND PARALLEL TO THE NORTH LINE OF SECTION 30 A DISTANCE ~F t93 ~; FEET MORE OR LESS ADDENDUM A TO: THRU: FROM: DATE: SUBJECT: PLANNING DEPT. MEMORANDUM NO. 90-211 Chairman & Members Planning & Zoning Board Timothy P. Cannon ~.~_ Interim Planning Director James J. Golden Senior City Planner June 27, 1990 West Boynton Beach Boulevard Retail/Oil-Lube - Annexation, Land Use Element Amendment and Rezoning Application Kieran J. Kilday, agent foz Bill and Elsie Winchester, William A. Zeiher, and Michael A. Schroeder, property owners, is proposing to annex into Boynton Beach a .84 acre tract of land located at the northeast corner of Winchester Park Boulevard and West Boynton Beach Boulevard (see attached ~location map). The property is currently zoned AR (Agricultural Residential) in Palm Beach County and it is vacant. Included with the annexation request is a request to amend the Future Land Use Element of the Comprehensive Plan to show this land as "Local Retail Commercial" and to rezone from AR to C-3 (Community Commercial). As outlined in the attached correspondence in Exhibit "A", the applicant has requested an amendment to the original applications to delete the parcel located north of the L.W.D.D. L-24 canal (1.6 acres). The attached location map reflects the elimination of the 1.6 acre parcel. The applicant is also proposing to develop the remaining .84 acre parcel for a fast food restaurant instead of a commercial center with a quick oil change establishment. A quick oil change establishment would not be permitted under the City's C-3 zoning district regulations as a principal use on a parcel of such small size. It should also be noted that readvertisement of these applications is not required, as the boundaries of the proposed annexation have not been expanded beyond what was originally advertised. Although the proposed use of the site is for a fast food restaurant, if the property is rezoned to C-3, it could be developed for any use permitted in the C-3 zoning district, unless otherwise restricted by the City Commission as a condition of zoning approval. PROCEDURE These applications for annexation, amendment to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consistent with State Statutes and Boynton Beach Codes, Ordinances and Resolutions as follows: F.S. 163.3161: Local Government Comprehensive Planning and Land Development Regulation Act. F.S. 166.041: Procedures for Adoption of Ordinances and Resolutions. 34 F.S. 171.011: Municipal Annexation and Contraction Act. Boynton Beach Code of Ordinanees, Appendix A, Section 3A5(e)~ Boundary and Zoning and Section 9.C: Comprehensive Plan Amendments - Rezonings. Boynton Beach Ordinance ~79-24. Boynton Beach Resolution ~76-X: Procedures for Annexation. 7. Boynton Beach Ordinance ~89-38: Comprehensive Plan. Page 1 of ADDENDUM B PM No. 90-211 -2- June 27, 1990 These regulations have been listed for informational purposes. Paraphrasing, these regulations require newspaper advertisements. public hearings with the Planning and Zoning Board and the City Commission, review by the Florida Department of Community Affairs (DCA), and Commission adoption of ordinances to annex, amend the Future Land Use Element and rezone. CURRENT LAND USE AND ZONING As previously discussed, this property is undeveloped and zoned AR (Agricultural Residential). The land use and zoning in the surrounding area varies and is presented for your information in the table which follows: DIRECTION JURISDICTION ZONING LAND USE North Boynton Beach C-3 Vacant East Boynton Beach PU Lift Station South Boynton Beach PU Post Office West Boynton Beach County AR Vacant FUTURE LAND USE AND REZONING The subject parcel lies within the City's Reserve Annexation Area. Pursuant ~o Section 9.C.2(2) of Appendix A-Zoning, staff analysis of the propDsed zoning is not required where rezoning is requested in conjunction with an application for annexation and the rezoning would be consistent with the Palm Beach County Comprehensive Plan, or where the proposed zoning would be consistent with the zoning or land use recommendations contained in the City of Boynton Beach Comprehensive Plan. With respect to the above, the proposed land use and zoning categories requested would be consistent with the language for Area 7.g. of the Comprehensive Plan Future Land Use Element Support Documents, which reads as follows: Unincorporated Parcels Along North Side of Boynton Beach Blvd., east of Knuth Road Those parcels along the north side of Boynton Beach Blvd. which lie to the east of Knuth Road should be annexed and placed in the Local Retail commercial land use category and zoned C-3 Community Commercial. COMPREHENSIVE PLAK ANNEXATION POLICIES The proposed annexation is consistent with the policies pertaining to annexation contained within the Comprehensive Plan Intergovernmental Coordination Element. Palm Be~ch County has been notified of the proposed annexation. However, comments have not been received as of this date. RECOMMENDATION The Planning Department recommends that the applications submitted by Kieran J. Kilday for Bill & Elsie Winchester, William A. Zeiher and Michael A. $chroeder be approved. This recommendation is based in part on the following: 1) That the parcel is contiguous to the corporate limits; 2) ,3) That the parcel lies within a County pocket and it is in the path of urban development: That the parcel is located within the City's utility service area; Page 2 of ADDENDUM B PM No. 90-211 -3- June 27, 1990 That the parcel is located at the intersection of an aruerial road and a collector road and it is suitable for commercial development; 5o That the intensity of the land use and zoning desired is consistent with the language for Area 7.g. of the Comprehensive Plan Future Land Use Element Support Documents; That the request is consistenu with the Comprehensive Plan annexation policies; and That the zoning category requested is consistenu with the proposed use of uhe site for a restaurant or other local retail land uses. JAMES J. GOLDEN JJG:frb Encs A:PM90-211 Page 3 of ADDENDUM B DESCRIPTION A parcel of land lylng In SeCLlOn 29, Township 45 South. Range 43 East, Palm Beach County, Florida, Deing more particularly described as follows: Beginning at the Northeast corner of lot 41, Bloc~ 2 of the plat "Replat of First Sect]on Palm Beacn Lelsureville" as recorded in Plat Book 28 at :ages 201, 202, and 203 of bne Publ lc Records of Palm Beach County, Florida Thence South 01"-2'55'' East along the East line of _ocs 35-41 of BLOCK 2 of said "Replat of First Section Palm Beach _eisureville'. a distance of 411.46 feet; Thence North 88°24'52 East, a distance of 199.68 feet to a Do]n% of Intersection w]Ln the West lime of the Plat of "Lake Boynton EsLaLes Plat 4-A" as recorded in Plat Boot~ 14 at Page 69 of Lne Public Recores of Palm Beach County Florida; Thence North 01°35'08" wes% along saia West line a distance of 464.67 Feet %o a oo~nL of intersection with the South Right-of-War ~,ne of that 106.O0 foot wide RlgnL-of-Way for State Roac 804 ("Boyncon Beach Boulevard") as shown on she State Road Depar%men~ Map SR-804 SecN~on 93640-2~75 are recorded ~n Road Plat Book 2 at Page 220 of the Public Records of Palm Beach County, ZlOFIGa; Thence westerly along saia south Right-of-Way llne along Lne arc of a circular curve Lo the left WhOSe raelus polnc bears South 13°58'39" East, naving a radius of ~857.08 Feet, a central angle of 3°58'45.., an arc -emgth of 128.97 Feet to a poinL of tangency; Thence South 72°02'36.. Nest continuing along said south Right-of-Way line, a distance of 75.~? feet to the Poinc of Beginning. Said Lands situate in %ne City of Boyncon Beach, Palm Beach County, Florida. Containing 87,120 Square feet / 2.0000 Acres, more of less. Subject %o easements, restrictions, reservaLlons covenan%s. and rights-of-way of record. ADDENDUM C PLANNING DEPT. MEMORANDUM NO. 90-201 TO: THRU: FROM: DATE: SUBJECT: Chairman & Members Planning & Zoning Board Timothy P. Cannon Interim Planning Director James J. Golden Senior City Planner June 18, 1990 Requests for Future Land Use Element Amendment, Rezonin~, and Comprehensive Plan Text Amendment submitted by Kilda¥ & Associates for Howard Sharlin as Trustee for Tradewinds Development Cor~orat±on (Boynton Beach Boulevard Rezoninq) - File No. 501 Sum~ar¥: Kieran J. Kilday, agent for Tradewinds Development Corporation, proper~y owner, ms requesting that a 2 acre parcel be rezoned from R-1AA (PUD) to C-2 (Neighborhood Commercial) and that the Future Land Use Plan designation for this parcel be amended from "Moderate Density Residential!' to "Local Retail Commercial". In addition, the applicant has submitted an application for a Text Amendment to Area 7.a. of the Land Use Problems and Opportunities Section of the Future Land Use Element Suppor~ Documents of the Comprehensive Plan to allow Local Retail Commercial land use on the north two acres of the vacant parcel on the east side of Palm Beach Leisureville. The subject parcel occupies 75.17 feet of frontage on West Boynton Beach Boulevard and represents the remaining 2 acres of a vacant 5..87 parcel that is to be utilized in part for ~ City park site and may also be used for a center for abused children. The pa~k site is to be dedicated to the City pursuant to the amended master plan for the Woolbright Place P.U.D. It should be noted, however, that the 2 acre parcel which is proposed to be rezoned ~o C-2 is not connected with the Woolbright Place P.U.D. or the Tradewinds Settlement. The proposed use of the 2 acre parce'l, if rezoned, would be to develop it for a farmer's market and a drive-thru dairy barn. The C-2 (Neighborhood .commercial) zonzng district regulations limit the maximum square footage of these uses to 10,000 square feet (Section 6.B.l.ii of Appendi~ A-Zoning). In addition, the drive-thru dairy ba~n requires Conditional Use approval (Section 6.B.l.pp of A~endix A-Zohing). Surroundinq Land Use and Zonin~ ~see attached location map): Abutting the subject parcel to the north is a 106 foot wide right-of-way for West Boynton Beach Boulevard. Further 5o the north, across West Boynton Beach Boulevard, is the Casa Blanca rental apartments, which are currently under construction. Abutting the subject parcel ~o the eas~ is a single-family residence zoned C-2 (Neighborhood Commercial) within the Lake Boyn~on Estates subdivision. Also abutting the subject parcel to the east are vacant single-family parcels within the Lake BoynEon Estates subdivision, zoned R-lA (Single-Family Residential). Abutting the subject parcel ~o the southeast is a s~ngle-family residence in the Lake Boynton Estates Subdivision zoned R-lA. Abutting the subject parcel to the south is the proposed cmvic dedication site for the abused children's center. Abutting the subject parcel to the west are s~ven single-family residences within the Palm Beach Leis~reville Section One subdivision, zoned R-IAA (PUD). Comprehensive Plan - Future Land Use Map & Text: The preperty in question is currently shown on the, Future Land Use Element as Residential , so an "Moderate Density ' " amendment to the Future Land Use Element to "Local Retail ~ommeroial", as requested by the applicant, would be necessary. In addition, Area 7.a. of the Page 1 of ADDENDUM D PM 90-201 -2- June 18, 1990 Comprehensive Plan Future Land Use Element Support Documents contains the following language: 7.a. Residential Parcels in Vicinity of Old Boynton Road and Boynton Beach Boulevardr Between Conqr~ss Avenue and Interstate 95 Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjustments to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commeroial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environmenu in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lous and small parcels which lie along Old Bo~nton Road to the northwest of the Florida Power and Light substation, and should not be permitted on the 3.87 acre outparcel lying along the east side of Palm Beach Leisureville. One addition uo the commercial zoning district is desirable, however: It is recommended that land use on the southern 300 feet of the R-2 zoned property owned by Florida Power and Light Company, au the northeast corner of Boynron Beach Boulevard and Old Boynton Road be changed uo Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent upon its being combined with the vacated~right-of-way for Old Boynton Road, and the small triangular-shaped parcel at this intersection, and the rezoning of the combined parcels to a planned commercial development. The northern 330 feet of the Florida Power and Light Company property should be changed from Medium Density Residential land use and R-2 zoning to Low Density Residential land use and R-lA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately nexu to a single-family neighborhood. The vacant outpa~cel which lies ~long the east side of Palm Beach Leisureville should be limited to either single-family residential use, with a maximum density comparable uo the adjacent portion of Leisureville, or to a low-intensity institutional use. The applicant has submitted Plan Text Amendment to Area reads as follows: an application for a Comprehensive 7.a. above. The proposed amendment 7.so Residential Parcels in Vicinity of Old Boynton Road and Boynuon Beach Boulevard~ Between Conqress Avenue and Interstate 95 Due to the increased traffic which will be drawn to the Boynton Beach Mall, there will be pressure to rezone the parcels in this Page 2 of ADDENDUM D PM90-20t -3- June 18, 1990 area from residential to commercial use. Other than minor adjustments 5o the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwest of the Florida Power and Light substation. One addition to the commercial zoning district is desirable, however: It ms recommended that land use on the southern 300 feet of the R-2 zoned northwest corner of Boynton Beach Boulevard and Old Boynton Road be changed 5o Local Retail Commercial, and the zoning changed ~o C-2 Neighborhood Commercial. The development of this parcel should be contingent upon its being combined with the vacated right-of-way for Old Boynton Road. and the small triangular-shaped parcel mt this intersection, and the rezoning of the combined parcels to a planned commercial developmensi The northern 330 feet of the Florida Power and Light property should be changed from Medium Density Residential land use and R-2 zoning to Low Density Residential land use and R-lA zoning. This land use/zoning change would prevent duplex dwellings from being placed immediately next to either single-family residential neighborhood, The vacant outparcel which lies along the east side of Palm Beach Leisureville has the potential for access Lo Boynton Beach Boulevard via an existing median opening. The frontage parcel of 2 acres should be limited to Local Retail Commercial use consistent with the land use to the east. The balance of the property should be a low intensity civic or institutional use, or a neighborhood park. Issues/Discussion: Section 9.c.7 of Appendix A, Zoning, of the Code of Ordinances, requires the evaluation of plan amendmen~/rezoning requests against criteria related to the impacts which would result from the approval of such requests. These criteria and an evaluation of the impacts which would result from the proposed development are as follows: so Whether the proposed rezoning would be con- sistent with applicable Comprehensive Plan Policies. The Planning Department shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order 5o comply with policies contained in the Comprehensive Plan. The proposed land use amendment/rezoning would not be consistent with Area 7.a. of the Comprehensive Plan Future Land Use Element Support Documents. However, the applicant has submitted an application for a Comprehensive Plan Text Amendment to Area 7.a~ to amend ~he existing language ~o accommodate the proposed development, as outlined in a previous section of this memorandum entitled "Comprehensive Plan Future Land Use Map and Text". Page 3 of ADDENDUM D PM90-201 -4- June 18, 1990 The Discussion of Supply and Demand for Commercial Land in the Comprehensive Plan Future Land Use Element Support Documents (Volume No. l) indicates that there may be up to 198 acres of excess commercial land at build-out. However, this figure may be reduced to a surplus of only 30 acres when certain adjustments are taken into consideration. Thus, it was concluded that the supply of commercial land in the Boynton Beach market area will match the demand. In addition, this section of the Plan also states uhe following: "The Future Land Use Plan which is proposed for the City and areas to be annexed by the City will accommodate all of an=icipated demand for commer- cial land through build-out, Therefore, the City should not change the land use to commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for miner boundary adjustments, small infill parcels, or commereial uses of a highly specialized nature, which have special lodational or site require- ments, and therefore cannot be easily accommo- dated on already designated commercial area". (page 40) Policy 1.19.6 of the Comprehensive Plan states: "Subsequent to Plan adoption, do not allow commercial acreage which is grea=er than the demand which has been projected, unless it can be demonstrated that a particular property is unsuitable for other uses, or a geographic need exists which cannot be fulfilled by existing commercially-zoned property, or no other suitable property for a commercial use exists for which a need can be demonstrated, and the commercial use would comply with all other applicable Comprehensive Plan policies". Policy 1.17.1 of the Comprehensive Plan states: "Discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impac=s on residential land uses are least". Although the Future Land Use Plan which is proposed for the City will accommodate all of the anticipated demand for commercial land through build-out, Policy 1.19.6 of the Comprehensive Plan allows additional commercial acreage which is greater than the demand projected, if it can be demonstrated that a particular property is unsuitable for other uses. Since the subject 2 acre parcel represen=s the remainder of a larger 5.87 acre parcel which is to be developed for a public park and possibly an abused children's center, it is arguable that the subject parcel is no longer suitable for the development of single-family homes, due to the small parcel size and the proximity to Boynton Beach Boulevard. Although the subjecf parcel meets the "where access is greatest" criteria of Policy 1.17.1, it does not, however, meet the criteria of Policy 1.17~1 which states where "impacts on residential land uses are least". There will be a further discussion concerning consistency with applicable Comprehensive Plan policies an subsequent sections of this memorandum. At the end of this memorandum, in the section entitled "Conclusions/Recon%~endations", the Planning Department shall recommend limitations and requirements which should be imposed on subsequen~ development of the property, if this request is approved, in order to comply with policies contained in the Comprehensive Plan. Whether the proposed rezonlng would be contrary to the established land use pattern, or would crea=e an isolated district unrelated to adjacent and nearby districts, or would constitute a grant Page 4 o~ ADDENDUM D PM90-201 -5- June 18, 1990 of special privilege to an individual property owner as contrasted with protection of the public welfare. The proposed rezoning would represent a 75 foot wide by a 465 foot deep westerly expansion of the existing C-2 (Neighborhood Commercial) frontage on the south side of West Boynton Beach Boulevard, w~st of Interstate 95. Although the proposed rezcning would not be consistent with the adopted policy for Area 7.a. of the Comprehensive Plan Future Land Use Element Support DocUments, the dedication of 3.87 acres of the 5.87 acre parcel for a public park and an abused children's center suggests that some other use of this parcel is warranted, as long as the impacts on adjacent residential land uses can be minimized. HoWever, the proposed use of the site for a farmer s market and a drive-thru dairy barn would constitute a grant of special privilege to an individual property owner, as contrasted with the protection of the public welfare. c. Whether changed or changing conditions make the proposed rezoning desirable. As outlined under item "b" of this memorandum, the dedication of 3.87 acres of the 5.87 acre parcel suggests that some other use of this parcel is warranted. However, the intensity of the uses proposed, a farmer's market and a drive-thru dairy barn, would not be compatible with surrounding residential land uses. d. Whether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. Although there are existing municipal water and sewer mains along Boynton Beach Boulevard in the vicinity of the subject parcel, construction drawings for connecting to the existing system would not be required until the time of site plan approval. Concerning roadways, the proposed rezoning mus~ meet the requirements of the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance before developmenr can proceed, as the rezoning generates in excess of 500 trips per day. The Traffic Impact Analysis submitted by the developer's traffic consultant, K. S. Rogers, Inc., was submitted to the City on June 18, 1990 and forwarded to Palm Beach County on June 19, 1990. Palm Beach County has 20 days to review the Traffic Impact Analysis and submit their comments to the City. The County's comments should arrive prior to the City Commission hearing which is scheduled for July 17, 1990. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the proper~y values of adjacent and nearby properties. The proposed rezoning would be incompatible with and would have a negative impact on property values in the adjacent Palm Beach Leisureville and Lake Boynton Estates subdivisions. Typical characteristics of retail buildings that would be incompatible with nearby residential uses include noise from trucks, noise from loading and unloading activities, noise due ~o unloading of dumpsters and removal of compactors, odors from dumpsters (which can be detected up ro 200 feet away), trash and litter accumulation and the unpleasant aesthetics that are typical for the rear of such buildings. Policy 1.17.1 of the Comprehensive Plan provides the basis for the above co~mnen=s (see discussion under item "a" concerning Policy 1.17.1). f. Whether the property is physically and economically developable under the exist- ing zoning. Page 5 of ADDENDUM D PM90~201 -6- June 18, 1990 Under the existing R-1AA (PUD) zoning, the property could be developed for a maximum of 14 single-family residences. However, dedication of road right-of-way, platting of lots, and provision of an adeguate buffer along Boyn~on Beach Boulevard would likely reduce this yield by as much as fifty percent. The applicant has no~ submitted documentation which indicates that the property is economically undevelopable under the existing zoning, but this conclusion appears likely, owing to the small parcel size and the proximity uo Boynton Beach Boulevard. Whether the proposed rezoning is of a scale which is reasonably related ~o the needs of the neighborhood and the City as s whole. Due uo the intensity of the commercial uses proposed, and the impacts to surrounding residential land uses, the rezoning is nou of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. Furthermore, approval of additional retail development in this area of the City may limit and compeue with redevelopment in the Central Business District, along U.S. 1, and along Boynuon Beach Boulevard east of Interstate 95. Whether there are adequate sites elsewhere · n the City for the proposed use, in districts where such use is already allowed. As outlined in the discussion of supply and demand for commercial land in the Future Land Use Element Support Documents of the Comprehensive Plan, "the Future Land Use Plan which is proposed for the City and areas ~o be annexed by the City will accommodate all of the anticipated demand for commercial land through build-out". This paragraph of the Plan further states that "the City should not change the land use to commercial categories, beyond that which is shown on the proposed Future Land Use Plan, except for minor boundary adjustments, small infill parcels, or commercial uses of a highly specialized nature, which have special locational or site requirements, and therefore cannot be easily accommodated on already designated conlmereial areas". This discussion ~s formalized in Policy 1.19.6 of the Comprehensive Plan (see discussion under item "a" concerning Policy 1.19.6). A further detailed analysis of the supply and demand of commercial land is contained within the Future Land Use Elemenu Supporu Documents (Volume No. 1) of the Comprehensive Plan. Conclusions/Recommendations: Approval of the proposed rezoning for a farmer's market and a drive-thru dairy barn would not be compatible with adjacenu single-family residential land uses. In addition, the Comprehensive Plan projects a surplus of commercial land and any additional commercial land proposed in this area of the City may compeue with and limit redevelopment in the Central Business District, along U.S. 1, and on Boynton Beach Boulevard east of Interstate 95. Although the proposed use of the site for a farmer's market and s drive-thru dairy barn would eot be compatible with adjacent single-family residential land uses, the developmenu of the remaining 3.87 acres for a public park and possibly an abused children s center suggesus that development of this site for single-family homes may not be suitable, due to the small parcel size, buffer requirements, and economic considerations, and that devetopmenu of the site for some other purpose, such ae offices or lower intensity institutional uses, may be warranted, Policy 1.19.6 of the Comprehensive Plan allows for property ~o be rezoned co~ercial to accon~odate minor boundary adjustments and infill parcels. Policy 1.17.1 of the Comprehensive Plan discourages commercial rezonings, except where access ls greatest and impacts on residential land uses are least. The underlying issue in this rezoning petition is the impact on the adjacent single-family land uses. Page 6 of ADDENDUM D PM90-201 -7- 3une 18, i990 With respect ~o the above, the Planning Depar~men~ recommends that the requests for Future Land Use Element Amendment, Rezoning, and Comprehensive Plan Text Amendment submitted by Kilday & Associates for Howard Sharlin as Trustee for Tradewinds Development Corporation should be denied. However, as an appropriate alternative, it ia recommended that "Office Co~ercial" land use and C-1 (Office/Professional) zoning be approved, subject to the following conditions and limitations: 1. That the uses be limited to professional/medical offices or iow intensity public or institutional uses. That the Planning Department prepare ~n amendment to Land Use Conflict Area 7.a to limit the uses on the site to those listed under item no. 1 above. Any comments or recommendations from the Palm Beach County Traffic Engineering Division concerning compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. Dedication of right-of-way for Boynton Beach Boulevard sixty (60) feet from cenuerline, consistent with the Palm Beach County Thoroughfare Right-of-Way Protection Map and Policy 2.6.3 of the City's Comprehensive Plan. PROJECT APPROVAL (BASED ON APPLICANT'S REQUEST) If it is the desire of the Planning and Zonin? Board co recommend approval or the City Commission to approve these requests, it is recommended that approval be contingent upon the following: That the request to amend Land Use Conflicu Area 7.a. of the Comprehensive Plan Future Land Use Element Support Documents be modified as outlined below: Residential Parcels in Vicinity of Old Boynuon Road and Boynton Beach Boulevard~ Between Congress Avenue and Inter- state 95 Due To the increased traffic which will be drawn to the Boynton Beack Mall, there will be pressure to rezone the parcels in this area from residential to commercial use. Other than minor adjusrmenus to the existing zoning district boundaries, commercial zoning should not be allowed to extend westward along Old Boyn~on Road and Boyn~on Beach Boulevard. Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degrade the residential environment in the adjacent neighborhoods. In particular, commercial zoning should not be permitted on the residential lots and small parcels which lie along Old Boynton Road to the northwesu of the Florida Power and Light substation. Two additions uo the commercial zoning district are desirable, however: i) It is recommended that the land us~ on the soutnern 300 feet of the R-2 zoned properuy owned by Florida Power and Light Company, at the northeast corner of Boynton Beach Boulevard and Old Boynton Road, be changed to Local Retail Commercial, and the zoning changed to C-2 Neighborhood Commercial. The development of this parcel should be contingent upon its being combined with the vacated right-of-way for Old Boynton Road, and the small Page 7 of ADDENDUM D PM 90-201 -8- June 18, 1990 triangular-shaped parcel a~ this intersection, and the rezonlng of the combined parcels to a planned commercial development. The northern 330 feet of the Florida Power & Light Company property should be changed from Medium Density Residential lan~ use ~nd R-2 zoning to Low Density Residential land use and R-lA zoning. This land use/zoning change would preyent duplex dwellings from being placed immediately next to a single-family neighborhood; and~ 2) It is recommended that the land use on the northern 465 feet (2 acre parcel) of the vacant 5.87 acre outparcel which ties along the east side of Palm Beach Leisureville should be chan~ed to "Local Retail C6mm~rcial" and the zoning changed to C-2 Neighborhood Con~mercial, due to the balance of the 5.87 acre outparcel being utilized for a City par~ and public uses, and to serve as a Westward extension of the existin~ Neighborhood C°rmmercial frontage On B6y~t6n Beach Boulevard which lies to the east. However, due to ~he close proximity of the 2 acre commercial parcel to existing single-family residences in Palm Beach Leisurevi~lle and Lake BoY'ton Estates, the following restriction~ shodld be placed on the development of the sites: a. Building heights should be limited to one story; b. Pole-mounted lighting should be provided instead of building-mounted lighting and lighting fixtures should be properly shielded and directed so as to minimize glare on nearby residences: c. Screening and noise mitigation should be provided for all mechanical equipment; d. A six foot high concrete block buffer wall should be provided along the eastern and western property boundaries adjacen~ to single-family parcels in Palm Beach Leisureville and Lake Boynton Estates and trees should be planted along the buffer wall 20 feet on center with canopies above the 6 foot high buffer wall. Any comments or recommendations from the Palm Beach County Traffic Engineering Division concerning compliance with the Municipal Implementation Ordinance of the Palm Beach County Traffic Performance Standards Ordinance. Dedication of right-of-way for Boynton Beach Boulevard sixty (60) feet from centerline, consistent with the Palm Beach County Thoroughfare Right-of-Way Protection Map and Policy 2.6.3 of the city's Comprehensive Plan. Page 8 of ADDENDUM D PM 90-201 -9- June 18, 1990 NOTE: Pursuant 5o Section 163.3174(4)(a), Florida Statutes, the Planning and Zoning Board, as the Local Planning Agency, is required to make a recommendation to the City Co~m~is~ sion with respect to these prouosed amendments to th~ Comprehensive Plan, and is required pursuant to Section 163.319412) ~o make a recommendation to the City Commission with respect to the consistency of the proposed zoning of this property with the Comprehensive Plan. JJG:frb A:PM90-201 jAMEs ~J. GOLDEN Page 9 of ADDENDUM D 7L~-21-'~0 TH( 11:~0 ID:t{ILDAY,~, A~oSOCIATES TEL NO:~OT-689-25e2 ~544 Pg3 EXHIBIT "A" LI~GAL D]~SGItlPTION (L,e,n~thy) A e~t~tn pa~c~l of ~e~l prope~t~ in ~ctt~n ~, Township 4~ South, R~nge ~lt, ~ty 0f Boynton ~e~oh, P~m Beach County, Flor~e, mo~e deseribsd ~ follows: ~o~ t~e No~th~sst corne~ o~ 8setion ~9. Towns~p 4S South, RanE~ 4~ , e of ~84.38 f~t *o ~he ~o K~ s~d S~tl0n ~9, a ~st~e h 7 Northwest ~rner of the here~ desc~bed p~oel; thence eon~nue Nort ne of s~d Section ~9, e dt~tanee o~ 1156~02 f~t 48" gast, ~n the No~th ~ , g ' [et Ca~ E-4~ ~ence South 2 the eenter~ of L~e Worth D~na~e ~st~ : ~ et -4 ~ d~.t~e of ~4.82 fe " act s~ the eenterHne ox ~d Can~ E , State Road S-80q. ~t~ of 1156.0~ feet~ th~ '05~ ~ ~st~nea of f~t, mere L~ the South SS feet thereof fof~ ~ht~of-wa? fo~ Stat~ ~oad S-~04 as shown ~ ~o~d Pl~t '~k ~, at ~age 2~0. PUbUe Re~ords o~ Palm Beach Co.iF, Flo~d~. AND LE~8 TH~ FOLLOWING PARCEL: A eertain p~oel of vm~ prop~ is SeeUon 29, Township 45 South, Range 43 ~t, ~ Of Bo~nton Beach, P~ ~eaeh County, Florida, more p~tteul~ly desc~d as fol~ws: ~om ~O Northwest ~ner of Section 2g, TownsMp 45 South, Range 4~ Bast, P~ Bee~ C~nty, ~lorlde ~n North ~7 43' 48't Raet, ~ong the North ~ne s~d ~e~ion 19, a dletan~ of ~4.3~ feet to the P~nt of Beglnntn~ ~d the ~o~hwest ~rne~ of the herein described parcel; thence ~ntlnue North 8~ 4~~ 4~" Ra~, ~on~ the ~orth Bne of seid. Seotion 29, a diet.ce of 1081.02 f~t to a point, thenc 5outh 2 05t 54" East, a ~stance of S0.00 feet to a p~nt on a Bne l~ng $0.00 feet ~out~ of ~ parcel ~ith ~e Nor~ ~ne of s~d Secti~ thence ~outh 8~ 43~ 48" W, alon~, the s~d parallel ~ne, a ~stauee of 1081.02 teetl thence No~th 2 05~ 54" West[ a dtstanc~ of 30,00 feet. more or less to Point of Being. ,,- Palm Beach Appraisers & Consultants, Inc. ADDENDUM E PLANNING DEPT. MEMORANDUM NO. 90-215 TO: THRU: FROM: DATE: REF: Chairman & Members Planning and Zoning Board Timothy P. Cannon Interim Planning Director James J. Golden Senior City Planner July 2, 1990 Cross Creek Centre - Modification Master Plan File No. 512 With 1. respect to the above, please be advised of the following: The total number of parking spaces shown on the master plan is 166 and not 165 as shown. However, two of these spaces (triangle ~6 next to the east office entrance and triangle 94 next to the entry wall sign) were never constructed due to the existence of other improvements and do not exist on the site. Therefore, one additional parking space is required to accommodate the additional 4,400 square feet of retail floor space proposed. It was the consensus of the Technical Review Board that the additional parking space required could be provided by restriping the row of 21 parking spaces in front of the office building by reducing the width of these spaces from 10 feet to 9 feet. The total retail square footage proposed, based on the letter of submittal, is 8,400 square feet. The master plan shows 8,375 square feet. Please correct master plan accordingly. Medical office tenants should be considered to be the same as retail tenants, as their parking requirements are identical (see section ll,H.16.d of Appendix A-Zoning). A note should be added to the master plan which indicates that the commercial parking calculation includes medical office uses. Three corrected versions of the master plan should be submitted to this office for the records of the Planning, Engineering, and Building Departments which incorporate the changes outlined under item No. 1, 2 and 3 above. JAMES J. GOLDEN JJG:cp ADDENDUM F cc: Building Official FORM 8B MEMORANDUM OF VOTING COUNTY, MUNIC PA , AND OTHER LOCAL PUBLIC OFFICE S L.~ST NAME~FIRST NAME~MIDDLE NAME --~ ~0 ~,~ J C~ ~g. WHICH I SERVE IS A UNIT ~: · . . .. ~o t~- 1~ ~ ~ mr ~OsmOn FIL~ ~M 8B W~ M~ This form is for use by any person ~rving at the count cit or ~'~,,~nc~ commission, ~thority, ~ ~mmi/te ' y' Y' o/he~.loc~ l~vd of government on an appomt~ or elated boa~ c. It apph~ equally to mcm~rs of advisory ~d nonmdvisory ~di~ who ~c p~te] ~ith a voting ~nffi~ of imcrest u~lder Section 112.3143, ~orida Statutes. Thc rc uircmen · the me 0t this p~icul~ form ~ nbt' ~quircd by law you are .......... q ts ? this law arc m~dmo~; ~ough , ~ ~-~u,agru tO US~ It m making thc disclosure rcq~red ~ law law'~h~n Your under the faced with a measure in which you have a conflict of inter~t will v~y ~e~y de~ndi~ on whet~r ~ou hold ~ elective Or a~ointive portion. For this reason, please a close ' · · .  Compl~ng the r~erse s~de and hhng the form P y attennon to the mstrucnons on th~s form INSTRUCTIONS FOR coMPLIANCE WITH SECTION 1'12.3'143, FLORIDA STATUTES ~ ELECTED OFFICERS: · ' I , A person holding elective county, munic pal, or other local public office MUST ABSTAIN rom voting on a measure which inures gain of a principal (other than a governmenl agency) by Whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stat ng 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. 'A ' PPOINTED OFFICERS: : A person holding appointive county, munici al or otb · ' '. . ' u ,a la~unlolteu from Knowingly voting on a measure which inures to the ~pecial gain of a principal (other than a government agency) by whom he is retained. ax person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must .Jisclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR FO THE MEETING AT WHICH kv'-THE VOTE WILL BE TAKEN: ' You should complete and file this form (before making any attempt to influe rec°rding the minmes °f the meeting, who will incorporate the form in the ~;tuht;s.decisi°n) with the pers°n [esponslble for ~ 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· ADDENDUM G tl?XDfU MAKE NO ATTEMP. T TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: ,¥~ou~;should disclose orally the nature of your conflict in the measure before participating. · ~:cmshould complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes ~f the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. 'v gt&' '"" /~"' ,herebydisclosethaton _ ~]c~- ,. ~a) A measure came or will come before my agency which (check one) inured to my special private gain; or ., ~:inu~ed to the special gain of A'IglD ~rd .-~,~d) (b) The measure before my agenc_y'_and the nature of my interest in the measure is as follows: , 19 ~'O : · by whom I am retained.'--- ,Date"Filed Signat r~ ~ ~N. OT-'~CE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED- DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: ~MP[ACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION tN AL,~RY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5.000. c~ FO~SrS~. ~o-86 PAGE 2 ENGINEERING DEPARTME57~ MS1MORANDOM NO. 90-163 City Manager (REVISED June 29, 1990'. Frum: Vincent A. Finizio Acting Assistant no the City Engineer Ts~get Cc~nercial Center Site Plan and Preliminary Plat '~he applicant for the above referenced pro3ect shall submit the followzng treat.ion, >~,chnl~ data and Dian ~a~v~$ian~, in aceordance with the re- ~ ~nenus o~ the City of Boynton Beach. Florida, Code of Ordinances, Chapter 19, Secuion 19-17. "Plan Required", Section 19_6~_, "Fac%ors to be considered3 by the Technical Review Board.,, Chapter 5, Article X, Section 5-142, "Required Since the Traffic I~pact Analysis for Target Conmercial Center was submitted ~.~o~n .wit~ the r?.view of.the site plan which preceeded submittal for ~ry pxa~, nne appllcant will not have to provide a current [new) T.I.A. conditioned upon the applicant suhmtitting a plan depicting the con~trucuion of the full intersection, located at Northwest 22nd Avenue along Congress Avenue. '~%~=an~t~n~_~_w_it=h the a..p?r?~v~l o.f th~ Palm Beach County Traffic Engineer- upon during the May 23, 1990 meeting with the applicant's engineer Charles Inc.. T~thy Cannon, City of 8o~n~on Beach Interim Direcuor of Pi~nning, Ted Powell of the ~ Group and myself. ~he applicant shall assure the construction of those roadway improvements located west of the~ of Congress Avenue. Sec. 4C 11. Subnit monies payable to the City of ~oynton Beach, Florida in the amount of Two thousand six hundred and ninty six dollars [$2,969.00) for the installa~ic~ of street lights (qty. of seven) along Northwest 22nd Avenue. F.P.L. lightinq iPnls~a~hal]_ be approved by the Engineering Bepart~e,n, % prior to anthorizing the · lation of said lights. Section 5B (1) (d), ; Required S~reet Lighting" Development plans submitted with the preliminary plat documents shall provide for a site plan sheet%tr~kwii1 also he titled "Master Ptan",i~ response to the ~equest for this suhnittal to he considered a Master Plan in con3anction ~ith the platting Provide landscaping plans for plantings wlthin the public rights-of-way for NW 22nd Avenue and Congress Avenue. The applicant ~ill suhuit a formal agreement ~o faithfully and diligently obtain the necesse~y ROW permits for said install- n~on. ShoUld therebe no a~ailable ROW to landscape, the applicant shall ~gree to provide and install landscaping a~ areas so designated by the City Forester in ~n amount equal to the COSt of installing l~ndscaping should there have been suitable area abutting all Target property boundaries. Appendix "C", Subdivision and Platting Regulations, Article VIII. Section 5B(1), "Required Landscapin~ of Public Rights-of-Way". Development plans submitted with the preliminary plat shall contain the nsm~s of the professional project planner, engineer, surveyor and developer including addresses and telephone numoers (ie A~erican Develot~en~ Inc. address? tel no?) Section 4. "Master Plan" Section 4C (4). Identify zoning classification upon {he front title sheet of the Devetolmm~nt plans. Section 4C 16, "Zoning Classification" Submit proper surety for all required mmproveme~ts, including all off-site roadway i~provements as ~irected and approved'by the City of BOlZn~on Beach in conjunction with the Palm Beach County Traffic Engineers. Sumety shall e~al one hundred and ten percent (110%) of the total costs for the construction of all approved plan c~mponents. An additional two percent (2%) administration fee shall he made palrable to the City utilizing one hundred percent(100%) of project costs. Section 6A and Section 7. 2., "Surety',. end page 1 of 2 Page 1 of ADDENDUM H ~9GINEERING DEPARTM~VE MfMORAblYjM NO. 90-163 cont'd June 2. 1990 "TARGET CC~4ERCIAL CENi~R,, · Provide a~ executed "Un '=~ Cc~plied)of t- -' ~l~leG Control docu~en~ that mee~s with the approval ne city Attorney. Appendix 'A", Section 6F. 3. "Unified Control,, including Section 6F. ~. (a) (1) "Legal Docun~nts Assuring Unified Control,,. Off-Site Landscaping shall be considered a required improvement and shall there- fore be assure~ with proper s/leery. Article VIII. Section 5B (1) (d) "landscaping". (CcxnplieS) ~T~he. ~[~_v.e_l__o~er s ~E~.glneer, shell sign seal and date all opinions of cost. ~zc±e .v±±I, Section 5~ [4) "Certified Cost Estimates,, The off-site improv~ents to Hypoluxo Road shall b~ considered a required improvement and therefore shell be assured with surety in an =nnxTdnt equal to the certified "opinion of costs',. South Florida Water Appendix "C" . Manag~nent District and Palm Beach Seanty permits required. , Article VIII, Section 5B (3) (a) 'Requisite Governmental Agencies,,. Place note on develol~r~nt plan sheet no. 3 of 8 that states traffic control devices shall be utilized for all construction within the rights-of-wRy, in (co.plied) accordance with the Federal Manual of Unifomn Traffic Control Devices ~Nd Palm ~each County permit conditions. Section 19-17 (k) teclnicai , Section "Performance Standards,, and Section 19-21 "Factors considered by Co~nittee in Review", 19-21 (a). 'automotive and pedestrian safety, traffic flow and control,' Sukndt a parking facility lighting plan that co~lies with Chapter 5 Article X, Boynton Beach Parking Lot Regulations. Section 5-142 (g) "Lighting Standards,, FacilitYislands. lighting shell be photo-cell activated. Relocate lights in pavement areas into Suhnit a phctc~etric plan indicating horizontal illumination levels within the parking facility. There shall be a maintained one foot candle level of illumination within the entire facility which shall include driveways, aisles and other paved surfaces that serve said facility. Provide a tabula5zon for the quantity of fill (silica sand) to }~. zmport{~ for (Ccnt°lied)the construction of the site. Section 5B,2,d. "sun.mary of qu~a'~tities,,. Landscaping plans shall provide for the redevelopment of sodded swales which are to be fully irrigated, %¢ithin the public, rights-of-way for NW 22nd Avenue and Congress Avenue. Provide di~nsmon for the parking lot constr~ctio~n. Dimensions shall be placed upon the paving and drainage plan. Section 5-142 (g) "Construction Standards,,. Place internal directlonal arrows upon the paving and drainage plan to indicate traffic circulation and flow. Section 5-142 (c) Traffic Control, and Section 19-17 (e) "internal circulation patterns". Provide parking stall details for standard and handicap stalls. Handicap stall striping shall c~nply with the latest edition 9f the Department of Community Affairs. Accessibility Requirements. Section 5-142 (k) "Handicap Requirements,,. Provide "Fire Lanes" that cc~ply with Section 5-142 (g) "Fire Lane standards,, and Section 5-142 (m), "Fire Lanes". (Cc~plied~rovide drainage calculations. Section 5-142 (f). "Rec!ui~ed drainage calculations,,. Respact fuilly sukmlitted, Vincent Anthony F'~~ cc: Jim Golden, Senior City Planner Timothy Cannon, InterLm.Director of Planning /vel Page 2 of ADDENDUM H PLANNING DEPT. MEMORANDUM NO. 90-208 TO: Chairman & Members Planning and Zoning Board THRU: Timothy P, Cannon ~C Interim Planning Director FROM: James J. Golden Senior City Planner DATE: June 29, 1990 SUBJECT: Tarqet Shoppin~ Center -Preliminary Plat File No. 507 With respect to the attached memorandum, dated February 7, 1990, please be advised of the following: 1. Addressed. However, all drawings should correspond to the site plan drawing. 2. Addressed. 3. 4. 5. To be addressed at sign-off. To be addressed at sign-off. Engineering Department has indicated that this problem has been resolved to their satisfaction. 6. To be addressed at sign-off: 7. For future reference. 8. In process. 9. Not addressed. 10. Re zoning approved. 11. Addressed in attached letter from Jacob Wattenberg, dated June 20, 1990. 12. To be coordinated with and signed-off by Forester/Horticulturist. 13. Addressed. 14. Addressed. 15. Addressed. 16. comment is no longer relevant. 17. N/A. 18. N/A. 19. N/A. 20. Assurance of programmed r-oadway improvements must be provided prior to sign-off f6r issuance of a building permit. In addition, the roadway improvements required as condition of site plan approval are superseded to require the following: 1. Construction of improvements at the intersection of North Congress Avenue and Hypotuxo Road described in the Kimley-Horn traffic ~mpact analysis submitted with the site plan, or pa~menc to Palm Beach County for the Page 1 of ADDENDUM I PM90-208 -2- June 29, 1990 2o cost of same, if improvements are constructed~,by Palm Beach County. Contribution of $60,000 to Palm Beach County toward the cost of the expanded intersection at North Congress Avenue and N.W. 22nd Avenue. Construction of site access improvements described in the Kimley-Horn traffic impact analysis submitted with the site plan. Posting of a bond by the developer for items no. 1 through 3 above. The above recommendations are based in part on negotiations between thisdeveloper, the Shoppes of Boynton developer, the City, and Palm Beach County (see attached correspondence). 21. N/A. 23. Recommendation only. 24. Not addressed. Addibional Co~men~s: The preliminary plat must include construction drawings for all required roadway improvemen=s (Article VIII, Section 5.B.1 of Appendix C-Subdivisions, Platting). JAMES J. GOLDEN JJG:frb A:PM90-208 Page 2 of ADDENDUM I MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: chairman and Members ~lanni~g and Zoning Board Timothy P. Cannon ~ Interim Planning Director James J. Golden Senior city Planner February 7, 1990 Target Shopping Center - Site Plan - File No. 411 If it is the decision of the Planning and Zoning Board to recommend approval or the City Commission to approve this application, compliance with the following conditions is necessary for consistency with the City's Code of Ordinancea and Comprehensive Plan: 1. Loading zones have not been provided to serve outparcels (section ll.J of Appendix A-Zoning). The design of the internal intersections at the southeast and northwest corners of the Target Store result in poor traffic flow and turning movements and create potentially hazardous situations. In addition, there is a visability problem at the intersection at the northwest corner of the Target Store that results from the design of the outparcel at this location. Vehicles turning left on the south side of the outparcel cannot see around the corner of the building. It is strongly recommended that the site be redesigned in these two areas to eliminate these problems (Objective 2.5 of the Comprehensive Plan). Exterior mechanical equipment at the rear of the shopping center should have proper screening and noise mitigation incorporated in the design of the center (Policy 1.17.7 of the Comprehensive Plan). A note should be added to the plans to reflect this requirement. Due to the close proximity at the rear of the shoppzng center to the planned unit developmenu, it is recommended that the rear design of the center be similar to the front design of the center (Policy 1.17.7 of the Comprehensive Plan). The design of the srormwater drainage system does not provide for the pre-treatment of the first one-half inch of stormwater runoff in grassy swales or other landscaped areas (Policy 1.11.7 and 4.2.9 of the Comprehensive Plan and the drainage design requirements of Article X-Parking Lots). Redesign of the on-site drainage system will be required. The color scheme of the shopping center has not been indicated on the blueprint elevations Isee item $14 on site plan application check list). Typical floor plans and elevations have not been submitted for ouuparcel buildings. Therefore, a site plan modification will be required for the outparcel buildings (Section 19-18 of the Code of Ordinances). Platting is required pursuant to Objective 1.20 of the Comprehensive Plan, as the portion of the original Congress Lakes planned unit development whlch lies south of N.W. 22nd Avenue has been divided into more than 3 parcels since 1978. Lighting poles should not encroach parking spaces and should be relocated to landscaped islands (Section 5-142(i)(2) of Article X-Parking Lots). Page 1 of ADDENDUM J TO: chairman and Members, Planning and Zoning Board SUBJECT: Targe~ Shopping Center - Site Plan - File No. 411 February 7, 1990, Page 2 10. Approval of the site plan is contingent upon approval of the rezoning to C-3. 11. Review of the developer's traffic impact analysis is based on a maximum t~0,000 square foot shopping cen~er. The square footage proposed on the site plan is 142,500 square feet. The square footage of the shopping center mus~ be reduced by 2,500 square feet to comply with the square footage anticipated in the traffic report submitted by Kimley-Horn. 12. The adjacent medians on Congress Avenue and N.W. 22nd Avenue should be landscaped in accordance with Policy 2.9.4 of the Comprehensive Plan. 13. 14. 15. Turn lane improvements reconm~ended by Kimley-Horn for the Project driveway onto N.W. 22nd Avenue have not been incorporated into the set of plans. These improvements must be shown on all of the site drawings a~ the time of sign-off. The additional right turn-in/right turn~out driveway onto N.W. 22nd Avenue should be removed from the plans, as this driveway has not been included in the Kimley-Horn traffic analysis. Restauran~ floor area should be indicated on the site plan, including the maximum seating proposed, ~o determine the specific number of parking spaces required. 16. The orientation of the shopping center to the intersection is significantly different than that which exists at the southeast (Motorola) and northwest (Mahogany Bay) corners and that proposed at the northeast corner (Shoppes of Boynton). The visual impact of ~he ~rcuosed design with respect to the other corners at this intersection should be taken into consideration. (With respect to 17.-19. below, see attached excerpts from the Future Land Use Element Support Documents in Exhibit "A"). 17. Since this is a commercial project, no residents would be added as a result of the construction of the project. Therefore, parks and recreations facilities would not be needed and the levels of service fo~ these facilities would not be affected. 18. 19. Sanitary sewer capacity is available for the project, consistent with the adopted level of service, as evidenced by the analysis un pages 9-10 of the Future Land Use Element Support Documents. Drainage and solid waste facilities are available for the project, consistent with the adopted level of service, as evidenced by the analysis on pages 11-13 of the Future Land Use Element Support Documents, Page 2 of ADDENDUM J TO: chairman and Members, Planning and Zoning Board SUBJECT: Target Shopping Center - Site Plan - File No. 411 February 7, 1990, Page 3 20. Roadway Improvements The following roadway improvements are required: o Site Access on N.W. 22nd Avenue Northbound through/left-~urn lane Separate nort~bound right-turn lane N.W. 22nd Avenue and Congress Avenum Separate Rorthbound right-turn lane Second northbound left-turn lane by restriping Separate southbound right-turn lane Separate eastbound right-turn lane Second westbound ~hro~gh lane Hypoluxo Road and Congress Avenue Second westbound left-turn lane Six-lanlng of Congress Avenue from Hypoluxo Road to Boynton Beach Boulevard. o Six-lanlng of Boynton Beach Boulevard from Old Boynton Road to 1-95. Based on Palm Beach County standards, assurance of roadway improvement would require the ~roject to be scheduled for construction in the County Transportation Improvement Program, the State Five Year Work Program or part of a Municipal Capital Improvement Program. The project may also be considered assured if it is part of a developer agreement and has been secured through bonding with the City or County. In order to meet City requirements, the Applicant should provide an analysis of impacts ~o N.W. 22nd Avenue, support the historical traffic growth rates and provide the City with assurance of improvements. If the applicant provides information acceptable to the City, the project may be approved but may not con~mence until such time as construction of required roadway improvements has been assured, meaning that a building permit cannot be issued for the proposed shopping center until the roadway improvements listed above have either been included in the State, County, or City transportation improvements program, or have been bonded or are under contract~ Pursuan~ to policy 2.6.2 of the Comprehensive Plan, the City can recon~end to Palm Beach County that the developer's ~oad impact fee payment be credited toward any of the roadway improvements listed above, subject ~o approval by Palm Beach County. The traffic analysis submitted by the developer was reviewed by Walter H. Keller, Jr., ~nc., the City's traffic consultant, to determine consistency with the 198R City of Boynton Beach Compre- hensive Plan (Ordinance 89-39) and section 9.c.4.h(5) of Appendix A-Zoning. A copy of Mr. Keller's report can be found in Exhibit "B" of this memorandum. 21. Potable Water Since the proposed project would consist of cor~mercial uses and would not bring additional residents into the City, construction of the project would not affect the adopted Level of Service (LOS~. Page 3 of ADDENDUM J ~O: chairman and Members, Planning and Zoning Board SUBJECT: Target Shopping Center - Site Plan - File No. 411 February 7, 1990, Page 4 However, connection to the city's water system may be prohibited by DER, through the County Health Department, under the regula- tions administered by those agencies. Furthermore, since it is very likely that the level of service for water is not currently being met, it is possible that vesting of this project with respect to this LOS may be a potential problem, if construction does not begin immediately. The City Commission will need to adopt a concurrency management ordinance by June 1, 1990. This ordinance will need to include specific rules for determining whether a project is vested. 22. Ail of the statements which have been made in items 17. through 21. concerning availability of public facilities wiI1 be subject to the ve~ting rules which will be incorporated into the concurrency management regulations that the City must adopt by June 1, 1990. In addition to the requirements necessary pursuant Ye the Cude and Comprehensive Plan, the following recommendations should also be considered: 23. 24. Additional buffering should be required between the shopping center and the planned unit development through the use of natural features such as lakes, dense landscaping, architectural treatment to rear building elevations, screening of exterior mechanical equipment, and mitigation of noise generated by exterior mechanical equipment. The applicant should be required to construct the addi- tional median/turn lane improvements outlined in items no. 5 and 7 of the correspondence from the Palm Beach County Tr~ffiu Division that appears in Exhibit "C" of this memorandum. JJG:frb Encs Targetsp Page 4 of ADDENDUM J C ~DDEND~M K BUILDING DEPARTMENT MEMOP~kNDUM NO. 90-283 June 29, 1990 TO: Timothy Cannon Interim Planning Director THRU: Don Jaeger ~/ _ Building & Zoning Director FROM: Michael E. Haag Zoning & Site Development Administrator RE: SITE PLAN MODIFICATION - BB'r~SDA HOSPITAL DAY CARE CEN'£~ (NEW BUILDING) Upon review of the above mentioned project, the following list of commen~s must be addressed in order to conform with Boynton Beach City c~des: Show the buildinq setback dimensions from the proDerty line to the face of the building from two (2] a~jacent property lines. Provide a detailed plan view and full section view drawing of the six (6) foot high concrete block and stucco fence shown on the plans. Identify the type, size and color of material used for the block fence. Identify the size and ~Irpe of all required vertical and horizontal structural material and components for the fence and its foundation. The landscape plan must reflect the appropriate percentage of native s~ecies landscape material. Provide a detailed section, view drawing of the site stair and handrail, Specify the stair riser, tread and handrail location, size and shape, Show on the plans a handicapped accessibility "walkway" (mznzmum width 5') leading to the building entrance from the boundary limit of the site. Show on the plans handicapped accessibility "walkway" ~minimum width 5') leading to the entrance of the building from the handicapped parking space. Provide detailed drawings of the required curb cuts and/or curb ramps. Show spot elevations along the handicapped "walkway" and provide a detailed drawing of the ramp. The ramp and "walkway" material and construction must comply with the State of Florida Accessibility Requirements Manual. Show on the plans uypical regular and handicapped parking space pavement markings (striping.~ust comply with the applicable codes~.' In order to facilitate the permitting process, the following information should be included with your documents submitted to the Building Department for revzew and permitting: State on the plans that the building and site will comply with Palm Beach County Health Department regulations for child care facilities. 2. Ail signage requires a separate permit and must comply with the requirements of the Sign Code. A: BETHDAY¢. SDD ADDENDUM L MEMORANDUM Utilities #90-408 TO: FROM: DATE: SUBJECT: Timothy Cannon Interim Planning Director Director of Utilities % June 29, 1990 TRB Review Bethesda Child Care Center We can approve this project, subject to the following conditions: Reduced pressure backflow preventers will be required on the water service. Indicate location, model and size. We recommend dual units in parallel so service is not interrupted during testing. 2. Irrigation is not %o be supplied by City water. 3. Provide 6" VCP cleanouts on the sanitary services at the property line. 4. Sewer cleanouts are required at a maximum spacing of 75' on private sanitary sewer services. Regarding the new 8" sanitary sewer and manhole, work to be in accordance with City of Boynton Beach Details and Criteria sheets. Please include these in your plans. City will maintain sanitary sewer to the property line only. 6. Locate water meter in grassy area near existing 4'~ main. No gate valve required. 7. Install blow-off at end of 4" water main. dmt bc: Mike Kazunas xc: Peter Mazzella ADDENDUM M PLANNING DEPARTMENT MEMORANDUM NO. 90-216 TO: THRU: FROM: DATE: SUBJECT: Chairman and Members Planning ~nd Zoning Board Timothy P. Cannon Interim Planning Director Tambrl J. Heyden Assistant City Planner July 3. 1990 Bethesda Memorial Hospital Site Plan Modification File No. 502 (Child Care Center) Please be advised of the following Planning Department comments with respect To the above-refe.renced request for approval: stripe and sign drop-off area no indicate, "NO Parking - Drop-off Area" so as no provide convenienT, unobstructed ingress and egress adjacenE to the building. Appendix A - Zoning, Section 11.16.c.(4). Dimension distance from end of parking stall to end of access aisle on sheet C-3 Article X - Parking Lots, Section 5-142(h)(i)(1) reference 5o City standards Clearly indicate the proposed stall lengEh on the parking lot layoun detail on sheet C-6! Appendix A - Zoning, Section ll,A.5. Indicate the proposed building materials and colors on sheet A-2. Site plan application, page 5, item Dimension all building setbacks from properny lines. Appendix A - Zoning, Section ll.A.3. Prcvide details (setback from property line. height, size, materials, color, and advertislngl on nhe relocated, existing sign to aid staff in determining whether the sign is a visibility problem and is conforming with respect Eo the current sign code. Appendix A - Zoning, Section ll.A.10 and Chapter 21, Section 21-22 and Section 21-14.M.1-3 of the Code of Ordinances. Pursuant to Ordinance 84-11 and th~ master plan modification ~pproved by the Planning and Zoning Board. June 12, 1990. this facility is ~imited 5o providing child care to children of hospital employees only. A sidewalk sysnem, linking the child care cen~er with the hospital, is recommended since the child care conner is limited 5o hospital employees' ~hildren. Chapter 19, Article II, SecLlon 19-21(a] of the Code of Ordinances. Tambri J. H~den TJH A:bethesda xc: Central File ADDENDUM N