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Minutes 10-10-89MINUTES OF REGULAR MEETING OF PLANNING AND ZONING IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, TUESDAY, OCTOBER 10, 1989 AT 8:00 P.M. BOARD HELD FLORIDA, PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Gary Lehnertz Daniel' Richter Carl Zimmerman Murray Howard, Alternate Dee Zibelli, Alternate (~Present in Audience) ABSENT_ Marilyn Huckle (Excused) (Voting) Carmen Annunziato, Planning Director Don Jaeger, Building Official Jim Golden, Senior Planner Tambri Heyden, Assistant Planner Chairman Walshak called the meeting to order at 8:00 P.M. AGENDA APPROVAL Mr. Annunziato asked if it would be possible to move up on the Agenda discussion on the Request for Comments on Community Improvement Proposed Standard Housing Guidelines. The Board agreed to discuss this item following the PUBLIC HEARINGS. Mr. Lehnertz moved to approve the Agenda as amended. Mr. Zimmerman seconded the motion which carried 7-0. MINUTES Mr. Howard moved to approve the Minutes of the last regular meeting held on September 12, 1989. Mr. Collins seconded the motion which carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS A. Establish public hearing date for land use amendment applications submitted on October 1, 1989. Mr. Annunziato stated there were three Comprehensive Plan amendments in connection with private applications submitted on October 1, 1989. He asked if the Board wished to conduct these at their regular meeting in December or whether thsy wished to have a special meeting. Since there was no emergency existing on these applications the consensus was to schedule these items for the December Agenda. MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 Auto Repair Business Owned by Mr. Avelardo Maldonado At the September 27, 1989 meeting of the Board, it was recommended that the City shellrock the 20' right-of-way behind Mr. Maldonado's property located at 810 N. Federal Hwy. Mr. Maldonado's business had become landlocked due to remodeling of the parking area at Joe's Drive In. Chairman Walshak asked what the status of this problem was. Mr. Annunziato responded this situation was researched and there is no right-of-way running north of the building as it had been abandoned. There are problems with the grade in the alley to the south. Mr. Annun~iato stated that tomorrow (October 11, 1989), Interim City Manager Hunt is proposing to brea~ open a curb cut on U,S. ~1 to serve this man's pro- perty. The applicant will have to come b~ck to the City to secure a parking lot variance after the fact and apply for D.O.T. permits. The variance will be required as the loca- tion of the d~iveway will not meet Code requirements as it is too close to the streets to the north and south. Mr. Maldonado addressed the Board and stated he was agreeable to this solution and felt he really had no other ~noice. He has been losing business because of the access problem. Charleston, South Carolina - City Observation Team At the last meeting, the Board had agreed to recommend that the City send an observation team of City professionals to collect useful data relative to Charleston's damage and recovery after Hurricane Hugo. It was noted that the Commission had decided against sending City staff. Velodrome Chairman Walshak asked if the Vetodrome representatives had received a date to meet in a workshop with the Commission. Mr. Annunziato reported the representatives had been in touch with the Interim City Manager and Mr. Hunt is checking on dates for a joint meeting with the Commission and the Planning & Zoning Board. The Board members recommended a Thursday in November, if possible. OLD BUSINESS None. 2 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 NEW BUSINESS PUBLIC HEARINGS ABANDONMENTS Project Name: Agent: Owner: Location: Legal Description: Description: Boulevard Manor Nursing Home Vasant Bhide Bhide & Hall Architects, P.A. Vari-Care, Inc. West side of South Seacrest Blvd., south of S.E. 26th Ave. A three (3) foot strip lying imme- diately south of and adjacent to the North 209.44 feet of the East 1/2 of Lot 19, Section 33, Township 45 South, Range 43 East, as per plat thereof recorded in Plat Book 1, Page 4, public records of Palm Beach County, Florida. Request for the abandonment of a special purpose utility easement. Ms. Heyden explained this Nursing Home was recently approved by the City Commission for a 60-bed addition. They are requesting approval to abandon a special purpose utility easement that was granted to the City in 1963 for the pur- pose of constructing an 8" force main that could move sewage from the residential area west of Boulevard Manor east to a manhole located in the Seacrest Blvd. right-of~-way. The existence of the easement was not reflected on the survey submitted at the time of site plan approval. The Utilities Dept. did catch it after th~ fact. This easement runs under the location of the proposed'addition. The easement is recommende~ for abandonment, subject to four conditions: 1) A replacement force main be designed and constructed after plans are approved by the Utility Department. 2) Prior to acceptance of said new force main, the applicant dedicate an appropriate easement containing the main to the City. 3) After acceptance of the new main for operation and main- tenance, the owner/developer must abandon or remove the existing line, as required. 4) Should Comcast Cable object to the abandonment, that the appropriate easement dedication be required or lines relocated if necesssary. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 Planning Department "The utility easement containing the 8" sanitary sewer line must be relocated to accommodate the proposed building addi- tion which recently received site plan approval.'1 Mr. Vasant Bhide of Bhide & Hall Architects, P.A., 1329 Kingsley Ave. Orange Park, Florida stated they were in agreement with staff comments. Chairman Walshak asked if there was anyone present who wishe~ to speak in opposition to or in favor of the applica- tion. Since there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. Motion Mr. Richter moved that the Board approve the request for the abandonment of the special purpose utility easement, subject to staff comments. Mr. Collins seconded the motion which carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Quail Lake West Frank E. Wyatt Project Coordinator Robert V. Jones, Corp. South Congress Ave. at northwest corner Golf Rd. , A parcel of land being a portion of the Plat of Quail Lake as recorded in Plat Book 40, Pages 47 and 48, Public Records of Palm Beach County, Florida. (Containing 15,000 feet.) Request for the abandonment of a special purpose utility easement SITE PLAN MODIFICATIONS Project Name: Agent: Owner: Location: Quail Lake Apartments Brenda H. Arnold Kilday & Associates Robert V. Jones, Corp. South Congress Ave. at northwest corner Golf Rd., 4 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 Legal Description: Description: Plat of Quail Lake lying in the northeast quarter (NE 1/4) of Section 31, Township 45 South, Range 43 East, as recorded in Plat Book 40, Page 47 and 48, Public Records of Palm Beach County, Florida. Request for approval of an amended site plan to allow for changes in layout an'd design of the apartment buildings and the recreational amenities. Chairman Walsh~K asked Mr. Golden to provide the facts on these two applications. The Board would proceed to vote on them separately. Concerning the abandonment, Mr. Golden explained that when the original site plan for Quail Lake Apartments was approved in August, the applicant was advised by the Utilities Dept. at the TRB meeting that this easement was no longer needed and that it was likely it could be abandoned. The easement is 20' wide and lies on the west side of another 20' easement, both located on the west side of Congress Ave. Both the Engineering and Utilities Depts. recommend approval of the abandonment, subject to the following staff comments: Ann Toney, Acting Assistant City Manager/Engineering Administrator "Southern Bell has advised the City that in 1986 they were granted, by Quail Lake, exclusive use of the northern most 50 feet of the proposed 800 feet and will only agree to the abandonment under the condition that the legal description be amended to exclude their easement. Based on the above, if the legal description is amended to exclude the Southern Bell easement, I recommend that. the requested utility abandonment be granted." Utilities Department '1. The inlet from the sewer system must be sealed with a masonry plug where it enters the City's system. 2. All portions of the abandoned sewer main which will fall under building pads must be removed or filled by a method acceptable to the project engineer or architect. 3. Manholes to be abandoned shall have the top sections removed and the remainder filled, or the manhole removed in its entirety." 5 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 Mr. Golden stated the original Site Plan was approved in August. The changes requested at this time are as follows: 1. (7) 3-bedroom units were added, (5) 1-bedroom units were deleted as well as (2) 2-bedroom units. All of the parking and dumpster locations remained the same. 2. The footprint and elevation of the clubhouse has been revised as well as the area of the pool. 3. The covered parking which was shown on the initial plan as Phase II will now be shown as an owners' option. The TRB recommends approval of the site plan, subject to the following staff comments: Planning Department "1. There are only 18 parking spaces in the row labeled "20" in the southwest corner of the site. Two additional parking spaces must be provided to meet the 289 required by Appendix A, Zoning, for this project. 2. The landscape plan does not correspond to the site plan in the southern portion of the site with respect to the location of landscape islands and the number of parking spaces provided within the parking rows." Forester/Horticulturist "1. I would like to meet with the applicant and other agen- cies involved to discuss the existing native trees along the edge of the lake behind this site. The 20' main- tenance easement is encumbered by coastal willow trees which should be preserved during the lakebank rework. 2. Our Parks Division has reviewed the applicants proposed landscape median for Congress Avenue. We wou~d like to make suggestions in changing the design to reduce the maintenance by our personnel." Building Department See "Addendum A" attached to the orig±nal copy of these Minutes in the Office of the City Clerk. Brenda Arnold of Kilday & Associates, West Palm Beach, Florida was present at the meeting to represent the appli- cant. She indicated they were in agreement with all staff comments. Chairman Walshak asked if there was anyone present who wished to speak in opposition to or in support of the request for the abandonment of a special purpose utility easement. Since there was no response from the audience, THE PUBLIC HEARING WAS CLOSED. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 Mr. Lehnertz moved that the Board recommend approval of the request for abandonment of a special purpose utility ease- ment, subject to staff comments. Mr. Howard seconded the motion, which carried 7-0. Mr. Richter moved that the Board approve the request for an amended site plan to allow for changes in layout and design of the apartment buildings and the recreational amenities, subject to staff comments. Mr. Collins seconded the motion which carried 7-0. LA_ND USE ELEMENT ~WlENDMENT/REZONING Project Name: Agent: Owner: Location: Legal Description: Description: Agape Bible Church, Inc. Rev. Arnold Thompson Terri C. Hausman Andrew R. Hausman East side of Old Dixie Mighway, north of Gulfstream Blvd. Lot 47, "Amended Plat of Trade Wind Estates" according to the Plat thereof recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida. Request to show annexed land as "General Commercial" and to rezone from CG (Seneral Commercial) to C-4 (General Commercial) to allow for the establishment of a church and future Conditional Use approval for a day care center. Ms. Heyden reviewed the material found in Mr. Annunziato's October 4, 1989 memorandum with tke Board. See "Addendum B" attached to the original copy of these Minutes in the Office of the City Clerk. It was recommended that the application be approved, subject to staff comments. Planning Department "1. Future site plan approval is required for the conver- sion of the warehouse building to a church as this conversion is a change in building occupancy as defined by the Southern Standard Building Code and is an intensification in parking demand pursuant to Appendix A-Zoning, Section ll.H.16.b.1, and Article X-Parking Lots, Section 5-138(b) and (c). 2. Future conditional use approval will be required for the proposed day care center pursuant to Appendix A-Zoning, Section 6.D.l.b." 7 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 It was noted that the City services this site with water but they have a private septic system. Ms. ~eyden believed there had been discussions with the Utilities Dept. indi- cating that when they annex they will be required to hook up to the City's sewer system. This "pass-on cost" will be borne by the applicant. Rev. Arnold Thompson, 3892 Cortez Lane, Delray Beach addressed the Board and stated the applicant agreed with staff comments. Mr. Blanchette asked Rev. Thompson if the 2,r00 sq. ft. metal building on the site would be used as a commercial building. Rev. Thompson responded negatively. Mr. Collins referred to the metal building and asked if it was the applicant's intent to use it as the church and to use the one-story CBS building as the day care center. Rev. Thompson explained because the metal building is so large, they always intended to use it to hold services and in the other part accommodate the day care center, along with the oNe-story CBS structure. Their congregration consists of about 30 people. Motion Mr. Blanchette moved to approve the request to show the annexed land as General Commercial and to rezone from CG (General Commercial) to C-4 (General Commercial) to allow for the establishment of a church and future Conditional Use approval for a day care center. This approval is subject to staff comments. Mr. Collins seconded the motion which carried 7-0. Request for Comments on Community Improvement Proposed Standard Housing Guidelines Ms. Broomfield addressed the Board and stated the Guidelines were submitted to the Board for review and for affirmation.* She noted the Commission by Resolution had approved the establishment of the Community Improvement Dept. in March, 1988. In April, 1988 she joined the City and the department continues to develop. As a result of working with a con- sultant, a few housing programs have been developed. The Clean Up/Fix Up and the Home Improvement Programs are both being implemented. Those Guidelines and procedure manuals have been approved by the Commission. As a part of that total package there were also to be Housing Rehabilitation Standard Guidelines for the rehabilitation of the properties approved. These Guidelines are not to take the place of any of the other departments or boards~** They will be used for individuals participating in the housing rehabilitation programs. *"Affirmation" should be corrected to "i//formation." **'~lean Up/Fix Up,should be corrected to "Paint Up/Fix Up. TM 8 ***This sentence was later corrected. Please see 11/14/89 ~2~nutes for these corrections. MINUTES - PLANNING & ZONING BOARD BOYN~TON BEACH, FLORIDA OCTOBER 10, 1989 Ms. Broomfield noted one change in the Guidelines is "Construction Manager" has been changed to "Director of Community. Redevelopment and Rehabilitation" which will be shortened to ",Direoto~"~thoroughout~ the~ document, Also, a Construction Manager has been hired to do the inspection and evaluation on,all the homes of applicants that qualify. Specifications will~ be written by this person to makro sure Code viol-a~ons, are a~dressed in.the rehabilitation andalso general imuro~emen~s tha{ are necessary thatwi'll p~rtty~be f~nde~ by the~property owne~ and ~hrough,th-e City,s program. This person~ will make sure a Cont~aCt~is signed between the homeowner~and~heeontractor Ms. Broomfield f~rthe~ ~explained~the~Construct~onManage~'s~ole in the program. After.the rehabilitation, the homeowner ha~ to maintain the home, according to the City's Building Code for a period of ~en or fifteen years. Annual inspections will take place to ensure ~hat, they'aresti~l~wi{hi~'the~gu~dei~nes ofthe program. If they are not, then %he Guidelines provide for a procedure whereby the C®de violation_ ~an be cor=e~ted. If they do not_correct it according to t~e process, it will be tur~ed over~ to Code Enforcement. Ms, Broomfield explained tkis would not usurp or conflict in any ~ay with What the Bulilding Dept.. is now doing. When th~-y inspect a home they would not be reporting back to Code E~,forcement on a viola- tion. This is a program to encourag~home~improvements but they would not be "turned in" for a~Co~e,~iolation. Ms~. ~roomfield stated that woutd~not,b~:their respon- sibility. ~ The boundaries of the programs were.explained as well as the bid process in detail. Chairman Walshak asked Ms. Broomfield if she expected the Guidelines to be approved by the Commission by means of an Ordinance. She wasn't sure if it would be handled by Ordinance or bY Re~olution. She didn't beli:eve the procedure manuals had been~approved by Ordinance but ra~her by Resolution. Chairman Walshak noted there is a problem with the Standard Housing Guidelines if you are going to attempt to adopt thos'e under an Ordinance. An Ordinance does not specifi- cally say it's for a particular area but would be applied City wide. In addition, the Southern Building Code Congress allows only one Code enforcement agency in the City. That agency is designated by State statute~as the Code Enforcement office under the Building Dept. Chairman Walshak was concerned with these points. Unless he finds this~ is not going to be adopted by Ordinance or this is incorporated into the general bid specifications, he is uncomfortable with this. Chairman,Watshak asked Mr. Jaeger if he had any problems with this. 9 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 under the regular Code and discussion took place. Chairman Walshak interjected that we have on the books minimum housing requirements established by State Statute and the Southern Building Code Congress. Now, we are coming up with another set. Ms. Broomfield reiterated that these Guidalines may be approved the same way as the procedures manual was. Positive comments were made by Board Members about the monthly meetings being held throughout the community and the fact that these programs will have a considerable impact on this community. Chairman Walshak thought these programs should be expanded to assist the downtown CRA commercial area as well. It was requested that the Board's concerns about possible redundancy or inconsistency with State Statutes as well as possible inconsistency with Chapter 5 of th~ City Ordinance be passed on to the City Attorney and City Commission. Chairman Walshak declared a brief recess at 9:05 P.M. The meeting resumed at 9:15 P.M. B. SUBDIVISIONS MASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Citrus Glen Delfin F. Menendez M.S.M. Design Group Citrus Glen Limited Partnership Lawrence Road at Miner Road extended, southeast corner Request for approval of an amended master plan to allow for a change in street layout and design. Ms. Heyden explained this project was discussed at a recent Commission meeting and was determined to not be a substan- tial change from the original Citrus Glen Master Plan. She noted the modifications are for change in the street layout and design in the southern portion of the P.U.D. to elimi- nate the local street connection to Citrus Park. The TRB recommends approval of the request as submitted. Delfin Mendendez, M.S.M. Design Group addressed the Board and stated the developer would like to withdraw this appli- cation. The applicant would now like for the road to not be bent but rather be constructed as originally approved. The emergency access would be aligned with the pavement of Citrus Glen Drive. The reason for this is to avoid the emergency access being placed so close to the units. 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 Technical discussion took place on what previously transpired in connection with these roadways. Since application is being withdrawn, nothing will change. the C. SITE PLANS NEW SITE PLANS Projec~ Name: Agent: Owner: Location: Legal Description: Description: Meadows 300 Tract E "Meadows Edward J. Schwab The Wilshire Corporation West side of North Congress Ave., south of Hypoluxo Rd. Park" Tract "E" of Meadows 300 Request for approval of an wall sign entry Ms. Heyden explained the applicant is requesting approval construct entry wall signs at the two entrances to the tract. The light apricot and white color will blend With the color scheme of the other entrance signs in the PUD. Problems with landscaping of the wall location have been resolved. The TRB finds the sign-~onsistent with the PUD sign guidelines and recommends approval subject to the following staff comments: to Utilitiss Department "1. The trees in the utility easements along Meadows Blvd. must be deleted or relocated so as not to conflict with the maintenance of underground utilities. 2. The developer shall provide the City with a hold harmless letter regarding those portions of the wall within the utility easements." Planning Department See "Addendum D" attached to the original copy of these Minutes in the Office of the City Clerk. Building Department See "Addendum E" attached to the original copy of these Minutes in the Office of the City Clerk. The gavel was passed to Uice Chairman Collins and Chairman Walshak left the dias briefly. There was no representative for the applicant present. Vice Chairman Collins asked whether it would look exactly as shown on the rendering when complete. Ms. Heyden noted a revised landscape plan had 12 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 been submitted because of the utilities problem. The landscaping will look different. The only thing that might be different on the sign itself would be the graphic work under the name and there was a question as to whether Park would be spelled the traditional way or Parc with a "c". The lettering on the sign has to comply with the Sign Code. Motion Mr. Lehnertz moved to recommend approval of the sign, sub- ject to staff comments. Mr. Howard seconded the motion. Chairman Walshak returned to the dias. The motion carried 7-0. The gavel was returned to Chairman Walshak. Chapter 19 - Final Review Prior to Forwarding Recommendations to the City Commission Chairman Walshak stated he would like to see final form for the October 19~ 1989 meeting. ceeded to review the draft page by page. Chapter 19 in The Board pro- Relative to Section 19-3.1, Rules of Order, Mr. Richter suggested this be amended to state that Robert's Rules of Order would govern the conduct of the meetings and its mem- bers. The Board was agreeable. In connection with Section 19-8, Position of Planner created; appointment, tenure, Mr. Richter suggested addition of language indicating the Planner would work under the day- to-day supervision o~ the City Manager. Mr. Annunziato felt either you report to the City Manager or you report to the City Commission. Various board members expressed their feelings in this regard and lengthy discussion took place. Chairman Watshak called for a consensus. All Board members present were in favor of adding this language except Mr. Lehnertz, Mr. Zimmerman amd Mr. Howard. Reference was made to Section 19-22, Review and approval of projects of minor significance and changes to projects not previously approved by the City Commission, paragraph 2. Chairman Walshak had a problem with the language as pro- posed and thought it should be changed to a two-step appeal process. Discussion took place and all Board members agreed applications denied by either the CRA or Planning and Zoning Board should be able to appeal to the Commission. * Discussion moved on to Section 19-24, Report to Planning and Zoning Board. Mr. Richter suggested the following change in language to one sentence: "In the event that the technical committee fails to make its report to the Planning and Zoning Board within thirty (30) days after receiving all *See correction in the lt/14/89Minutes. 13 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 required information as to the site plan, the site plan shall be deemed to have bee~ reviewed with no comments by the technical committee and shall thereupon be received by the Planning and Zoning Board for its review." Mr. Richter felt this should be consistent with Section 19-20. There was agreement. Relative to Section 19-27, Approval of Conceptual Site Plan by the City Commission, Chairman Walshak recommended the "technical committee" be deleted from the following sentence: "In granting its approval, the City Commission may consider the recommendations of the technical committee, the Planning and Zoning Board, and the Community Appearance Board, and the factors listed in Section 19-26 of this Article... Chairman Walshak stated this should be done to make the material consistent with the rest of Chapter 19 where the Board is suggesting the technical review committee make its technical recommendations to the Planning and Zoning Board and/or the Community Appear~ni~e Board and then those Boards make their recommendations, including staff comments to the City Commissionl There was a~reeme~t. In connection with Section 19~28, Denial of Conceptual Site Plans, Chairman Walshak recommended the same change be made, that is, that "technical committee" be removed from the following sentence: "The City Commission may base its deci- sion to deny on the recommendations received from the tech- nical committee, Planning an~ Zoning Board, Community Appearance Board, and the faclt.ors listed in Section 19-26 of this Article and Section 19-45 of Article III of this Chapter as well as its knowledge and ~understanding of the factors particular to the development of this site." Mr. Lehnertz responded if "technical committee" is taken out, you would want to reword it to include staff comments and he explained. Mr. Annunziato stated in a situation where a denial of a site plan could be challenged, it would be capricious for a governing body to not base denial on technical analysis. The technicians are not the Planning and Zoning Board but rather are the technical board. He made statements about taking the voice of the technical board away in a situation where the Planning and Zoning Board might choose to not take their advice. ~e felt this would make it more difficult for the Commission to do its job. Mr. Annunziato didn't think the TRB would have a voice unless its recommendations were accepted by the Planning and Zoning Board. He felt the Commission should be able to look directly to the voice of the technicians in assisting it to make a decision. Discussion took place. 14 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACB, FLORIDA OCTOBER 10, 1989 Chairman Walshak agreed to some extent but felt Mr. Annunziato was overreacting. He noted the Board always asked applicants the question, "Do you agree with staff comments?" Lengthy discussion took place on this topic. Chairman Walshak stated the TRB makes their technical comments to the Planning and Zoning Board under the terms of Chapter 19. They have no right torapprove or deny. Their staff comments are coming to the Planning and Zon±ng Board. It is the Planning and ZoNing Board's decision whether or not to recommend approval or denial of that projsct. The Board bases its decision, hopefully, on the technical advice pro- vided by staff. Chairman Walshak couldn't remember the last time the Board didn't ~o along with the staff comments. He feels the p~ople on this Board are responsible and realize they need to listen to the technical advice. Mr. Collins' observation was that the Board wants the TRB recommendations and the Board accepts those recommendations in te~ms of the technical knowledge. They simply should not be "approving" or "denying" applications as they forward them to the Planning and Zoning Board. He felt that was the entire issue. Discussion took place regarding the fact that When the Planning and Zoning Board makes its recommendation to the Commission, the staff comment,s would not go along to the Commission if the Board didn't agree with them. There was some disagreement. Chairman Walshak stated 99% of the time the Board's recom- mendations go along with staff comments but there are rare occasions when the Board doesn't take that advice. It also can work tbs other way. The TRB might recommend approving a project and the Planning and Zoning Board might choose to deny it. Mr. Lehnertz felt that since the Commission is making deci- sions that affect the entire City, they should always get the professional, technical opinions when they review a pro- ject. He didn't think the Planning and Zoning Board should be able to selectively decide what comments the Commission will see or not see. Chairman Walshak reiterated the material in Section 19-9 which explains the duties and responsibilities of the City Planner. He noted when an application is submitted to tbs Commission, the Planning Director does tbs submitting. If he feels there is something technical in the submission that the Commission is not getting from the Planning and Zoning Board and he feels strongly about it, it is his respon- sibility to bring those facts to the Commission's attention. 15 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER i0, 1989 Chairman Walshak requested a consensus on taking the words "technical committee" out of the sentence in Section 19-28. All Board members agreed with the deletion except Mr. Lehnertz and Mr. Zimmerman. Discussion moved along to consideration of Section 19-43, Review and recommendations to Commission. The consensus was to delete paragraphs (b) and (b)(1). Reference was made to Section 19-62, Approval prerequisite to building permit. M~. A/~nunziato noted a broad statement had been made up front to delete all references to the Downtown Review Board and change them to the Community Redevelopment Agency. Chairman Walshak referred to Section 19-66, Report by the technical review board and stated this also has to track with the broad statement made up front. It should read: "The technical review board shall report their findings to the Community Redevelopment Agency as required below. (b) In the event that the technical review board fails to make its written report to the Community Redevelopment Agency within thirty (30) days after receiving an applica- tion which is complete with all required plans and sup- porting data, the application shall be deemed to have been reviewed with no comments by the technical review board, and shall thereupon be received by the Community Redevelopment Agency." Section 19-67, Review by Downtown Review Board should be eliminated. Chairman Walshak thought this would be a good place to put in what is to be done with variances in the CBD. He recommended all parking lot variances and con- ditional uses, regardless of where they're at, come to the Planning and Zoning Board. Jim Golden, Senior Planner referred to language in Article 10 on parking lot variances which would have to be amended. Chairman Walshak personally preferred for variances in the CBD to go to the Planning and Zoning Board because its members deal with that sort of thing more often and they are more capable of handling it at this point in time. There was agreement. In connection with Section 19-72, Approval of conceptual site plan by the City Commission, Chairman Walshak referred to the sentence which reads: "In granting its approval, the City Commission may consider the recommendations of the technical committee, Downtown Review Board, the Community Redevelopment Agency and the Community Appearance Board, and the factors listed...~' He stated he had the same problem 16 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1989 here as experienced earlier. He wished to eliminate reference to the TRB. All Board members agreed except ~ir. Lehnertz and Mr. Zimmerman. Chairman Walshak requested a final draft in time for the October 19, 1989 meeting of the Board. He wanted all typos and "strike-outs" eliminated so the material would appear exactly as it would be presented to the Commission. Mr. Annunziato could not guarantee that such a draft could be ready by then. He noted they were typing the Comprehensive Plan right now and ~hey were currently short staffed. He could produce the final version in time for the next regular meeting in November.- Chairman Walshak agreed and this will be put on the regular Agenda in November. ADJOURNMENT The meeting properly adjourned at Shannon Burkett Recording Secretary (Three Tapes) 10:35 P.M. 17 MEMORANDUM October 4, 1989 TO: FROM: RE: carmen Annunziato Planning Director Michael E. Haag Development Compliance SITE PLAN MODIFICATION QUAIL LAKE APARTMENTS Administrator Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: 1. Show on horizontal control drawing the setback distance from property line to all buildings. Revise the building sizes shown on the horizontal control drawing to match the dimensions shown on the submitted floor plan drawings. Clarify the handicapped parking space drawing to show accessibility from parking space to the sidewalk walking surface. 4. Show on plans the handicapped accessibility to the recreation building, swimming pool and deck area from the handicapped parking spaces consistent with the requirements of Florida Statutes. Chapter 553, Park V. 5. All plans submitted for public record by a design professional, registered in the State of Florida, must have the original signature and seal. MEH:ld xc: Don Jaeger QUAIL.DOC "ADDENDUM A" aelE. Haag TO: FROM: RE: MEMORANDUM October 4, 1989 chairman and Members Planning and Zoning Board Carmen S. annunziato Planning Director Agape Bibt~' church, Inc. - File No. 291 Annexation, Land Use Element Amendment and Re zoning Application INTRODUCTION Reverend Arnold Thompson, agent for Agape Bible Church, Inc., contract purchaser, is proposing to annex into Boynton Beach a .68 acre tract of land located on the east side of Old Dixie Highway, approximately 1,100 feet north of Gulfstream Boulevard at 3049 Old Dixie Highway, (see Exhibit "A"). The property is currently zoned CG, General Commercial, in unincorporated Palm Beach County and there is a vacant, single family home and warehouse building existing on the property (see Exhibit "B"). Paralleling this request for annexation is a request to amend the Future Land Use Element of the comprehensive Plan to show the annexed land as General Commercial and uo rezone this properuy to C-4, General Co~aercial. In connection with this request for annexation, the applicant is proposing uo convert the warehouse building into a church, requiring future site plan approval and to convert the single family home into a day care center, requiring future conditional use approval (see Exhibit ~'C"). 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: 1. F.S. 163.3161: Local Government Comprehensive Planning Act. 2. F.S. 166.041: Procedures for Adoption of Ordinances and Resolutions. 3. F.S. 171.011: Municipal Annexation and Contraction Act. 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and Zoning. 5. Bo!rnton Beach Ordinance ~79-24. 6. Hoynton Beach Resolution ~7~-X: Procedures for Annexation. These requlatio~ have been listed for informational purposes. Paraphrasing, these regulations require review by the City Department Heeds, newspaper advertisements, public hearings with the Planning and Zoning Board and City Commission and Cormmission adoption of ordinances to annex, amend the Future Land Use Element and rezone. t "ADDENDUM B" Current Land Use and Zonin~ As previously discussed., this property is developed and zoned CG, General Commercial. The land use and zoning in the surrounding area varies and is presented for your information in the table which follows: Directio~ 3urisdiction Zonin~ Land Use North Palm Beach County CG warehouse building Northeast Palm Beach County CG garden center, 2 single family homes and duplex dwelling unit East Palm Beach County CG warehouse building Further East Boynton Beach C-3 vacant-expired Boynton Center Plaza site plan South Boynton Beach West Boynton Beach C-3 mobile home park F.E.C. Railroad Further West Boynton Beach R-2 vacan~ FUTURE LAND USE AND REZONING Generally, Gulfstream Boulevard (S.E. 36th Avenue) forms the southern limit of the City's reserve annexation area and utilities service area east of Seacres= Boulevard. It is contemplated that all property currently situated in County pockets between Old Dixie Highway and Federal Highway north of Gulfstream Boulevard will at some time in the future be annexed. This proposal represents a continuation of previous actions to close unincorporated pockets in this portion of the reserve annexation area for the purpose of squaring-off the corporate limits and reducing confusion in the provision of public services. The unincorporated pockets between Old Dixie Highway and Federal Highway include a mixture of developed and undeveloped lots under various County zoning districts, primarily CG, General Commercial immediately surrounding the subject parcel as illustrated in the table above. The City limits are irregular in this area, with several C-3 zoned trac~s sandwiched in between the County pockets (see Exhibit "A"). The existing land uses of the lots along the Federal Highway frontage are predominantly retail. Consequently, the future City policy for this ~rea as outlined on pages 64 and 65 of the May 1989 Comprehensive Plan Support Documents, Volume 1, Future Land Use Element, planning area 1.q., states that a "Local Retail Commercial land use designation and C-3, community Commercial, sorting category are appropriate" for lots presently in the Cit~ and those which will be annexed "to create a retail-oriented corridor and improve the aesthetics along Federal Highway. The lots along Old Dixie Highway, by contrast, are no= as suitable for retail use". These lots, including the ~ubject property, "should be placed in a General Commercial land use category and C-4 soning district". The Comprehensive Plan further recommends that the City encourage such uses as new car dealerships on lots of two acres in size or larger and "the acquisition and develop- ment of prop~rsies fronting on Old Dixie Highway as part of the development of lots which front on Federal Highway". Owing to the fact that the proposed church and day care center are planned to be established with minimal, interior renovations ~o the existing single-family home and warehouse building and that the General commercial land use designation and C-4 zoning category requested are consistent with the I989 Comprehensive Plan policies for this area, the Agape Bible Church, Inc., requests are both reasonable and practical. COMP~RNSIVE PLAN POLICIES There are three policies in the 1986 Comprehensive Plan Evaluation and Appraisal Report which address annexations as follows: 1. "Annex only property which is reasonably contiguous to present municipal boundaries;" 2. "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing service;" and 3. "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated". In order to determine the consistency of the Agape Bible Church, Inc., request with the Evaluation and Appraisal Repor~ policies, each of the three policies will be addressed individually. Policy 1 - "Annex only property which is reasonably contiguous to the present municipal boundaries." The Agape Bible Church, Inc., property is contiguous to current municipal limits along its entire southern and western property lines (405 feet or 50% of the total property boundary). In addition, this property lies in the path of urban development. Policy 2 - "Annex property only after the preparation of a study evaluating the fiscal benefits of a~nexation versus the cost of providing services." In response to policy two, the church/day care center property will be tax exempt. Therefore, the cost of providing services will exceed.the fiscal benefits of annexation. It should be noted that the property is currently served by a septic system and City water as it is within our municipal service area. Policy 3 - "Annex only properties ~hich are of sufficient size to provide efficient service and on which urban development is anticipated." As previously reported, the Agape Bible Church, Inc., tract is .68 acres in size and is located in an area already developed in urban land uses. RECO~ENDATION The Planning Department recommends that the applications sub- mitted by Reverend Arnold Thompson, agent for Agape Bible church, Inc., contract purchaser, for annexation, future land use element amendment and rezoning be approved subject to the s~aff comments listed in Exhibit "C". This recommendation is based in par~ on the following: 1. The parcel is contiguous to Corporate l~mits; 2. The parcel lies within a County pocket and it is in the path of urban development; The parcel is located within the city's municipal service area; The intensity of land use desired is appropriate for the location; The request is consistent with the Evaluation and Appraisal Report policies for annexation; The land use ~signation and zoning category requested are consistent with the policy stated in the May 1989 Comprehen- sive Plan for this area; The zoning is consistent with the proposed use of the site; The request will not impair the value or future use of lands in the surrounding area; The request represents a continuation of previous actions to close unincorporated pockets for the purpose of squaring-off the corporate limits ~nd reducing confusion in the provis- ions of public services. TJH=frb Encs XC: Central File :Agbihchu MEMORANDUM DATE: TO: THROUGH: FROM: RE: September 15, 1989 Don Jaegar, Building & Zoning Official Johnnet~a Broomfield, Dlrecuor ~i.~ Community Improvement Departmen~~ Sandra Player, Construction Man~ger~/~ Community Improvement Deparument ~ Drafts: Standard Housing Guidelines community Improvement Dept. Specifications Please review the attached documents that were prepared for the Community Improvement Department Housing Programs. Your comments and suggestions will be appreciated and should be forwarded to my attention by October 20, 1989 for review and possible inclusion in the final draft. These documents were prepared solely for use in the Home Improvement and Paint-Up/Fix-Up Programs and are necessary in order to present a clear understanding of program requirements and specifications for rehabilitation. Should you require additional me regarding these documenus, 738-7493. information or wish to speak with you may call me au extension 705 or P.S.: I would ask that deparumen~ direcEors obtain comments from the appropriate boards, (CommunlEy Appearance Board, Community Relations Board, and Planning & Zonin~ Board) and forward them along with your department's comments. cc: George Hunt, Interlm City Manager Carmen Annunziato, Director, Planning Charlie Fredrick, Director, Recreation & Parks Robert Eichorst, Director, Public Works Ed Allen, Fire Chief SLP:rt attachments PLANNING "ADDENDUM C" MEMORANDUM October 3, 1989 TO: FROM: RE: Chairman-and Members Planning and Z6ning Board Carmen S. Annunziato Planning Director Meadows 300, Tract E, File No. 340 Meadows Park - Site Plan Please be advised of the following Planning Department comments with respect to the above referenced site plan request: 1. The portions of the entrance signs and landscaping located outside the 25 foot buffer easement on private property are not dedicated to the Meadows 300 master property association for maintenance purposes as are the portions of the entrance signs and landscaping located within the 25 foot buffer easement. It would appear that the signs'and landscaping outside the buffer are to be installed by the developer and maintained and irrigated by the property owners of lots 41 and 47. If this is not the intent, the landscaping and wall signs should be relocated entirely within the 25 foot buffer easement or a landscape maintenance easement should be dedicated to the homeowners' association encompassing the entrance wall signs and all landscaping. Appendix B, Section 11. TJH:frb :Meadows xc: Central File CARMEN S. ANNU~ZIATO "ADDENDUM D" MEMORANDUM October 4, 1989 TO: FROM: RE: Carmen Annunziato Planning Director Michael E. Haag Development Compliance Administrator SITE PLAN - MEADOWS PARC (sign) Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: Ail plans submitted for public record by a design professional, registered in the state of Florida, original signature and seal. must have 2. State on plans overall size of proposed signage for each wall sign. 3. Identify on plans the =ype of sign material. Show on plans location dimensions of proposed entrance walls in relation to property lines, lot lines and existing easements. Present'approved landscape plan remains in force except for landscaping shown with this submittal. Show on plans the south property line landscape buffer continuing to the west property line. In order to facilitate the permitting process, the following information shguld be included within your document submitted to the Building D~partment for required permits: Identify type, size and spacing of fasteners required to meet the windload specifications of the Boynton Beach Sign Code. Provide a complete detailed section drawing of the entrance wall. Drawing to identify the types, sizes and spacing of all materials and structural components. ~Ml~hael E. Haag MEH: 1~ xc: Don Jaeger MEADOWS.DOC "ADDENDUM E"