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Minutes 07-11-89MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 11, 1989 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Marilyn Buckle Gary Lehnertz Daniel Richter Carl Zimmerman Murray Howard, Alternate Dee Zibelli, Alternate Carmen Annunziato, Planning Director Jim Golden, Senior Planner Tambri Heyden, Assistant Plann'er Chairman Walshak called the meeting to order at 7:30 P. M. and introduced the Members of the Planning Staff, the Members of the Board, and the Recording Secretary. He recognized the p~esence in the audience of Commissioners Arline Weiner and Lee Wische, and Ann Toney, Assistant to the City Manager. AGENDA APPROVAL Chairman Walshak added to the agenda (1) "Steam Cleaning Classification in the Code" and (2) "Recommendations made by the Planning and Zoning (P&Z) Board during the Comprehensive Plan Review regarding Sewage Treatment Plant". He suggested these items take the place of "OLD BUSINESS" on the agenda. Mr. Richter moved to approve the agenda as amended, seconded by Vice Chairman Collins. Motion carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS Joint Workshop Meeting of Planning and Zoning Board and Community Appearance Board (CAB), Thursday, July 13, 1989 at 7:00 P. M., Planning Department Conference Room, 2nd Floor, West Wing of City Hall Mr. Annunziato made the announcement and said the second draft of Chapter 19 was mailed to the Members on July 7th. MINUTES Special Meeting of June 5, 1989 Regular Meeting of June 13, 1989 Special Workshop Meeting of June 15, Special Meeting of June 27, 1989 1989 - 1 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 1t, 1989 are related, but they are not the same. The Environmental Review Committee works under the auspices of Federal Regulations. That does not exempt the Utilities Department from reviewing anything which could go into the sewer system. There was discussion about the Material Safety Data sheets, testing facilities, and what kind of control the City has. When an e~vironmental review permit is issued, Mr. Mazzella said the City can require the applicant to submit test information as well as whatever information is deemed necessary in order to protect the general environment and the sanitary sewer system. Mr. Annunziato agreed with Mr. Richter that if Mr. Updike was located in a C-4 district or 300 feet away from a residential area, he would not have to go through an environmental review. Mr. Annumziato added that Mr. Updike's business would still be subject to the City's Utility ordinance. Mr. Mazzella said the City and Delray Beach are developing a pretreatment program, which will survey, monitor as necess~ary, and control discharges which may be causing probtsms at the Regional Treatment Plant. There was further discussion about Motorola, bug spray, and the kind of products used to clean carpets. Chairman Walshak was concerned about consistency with the Comprehensive Plan, and he thought the Board should answer this question. If a man has a County or State wide office, Mr. Blanchette pointed out that he can still come into the City and clean carpets. Discussion ensued about the Code, interpretations, and policies. Motion Mr. Richter moved to recommend that carpet cleaning companies be allowed to establish businesses in the C-3, C-4 and M-1 zoning districts. Mr. Blanchette seconded the motion, and the motion carried 4-3. Chairman Walshak, Vice Chairman Collins, Mr. Blanchette, and Mr. Richter voted for the motion. Mr. Lehnertz, Mrs. Huckle, and Mr. Zimmerman voted against the motion. RECOMMENDATIONS MADE BY THE P&Z BOARD DURING COMPREHENSIVE PLAN REVIEW REGARDING SEWAGE TREATMENT PLANT Chairman Wa!shak recalled that the Board unanimously requested that it be recommended to the City Commission in - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 Mr. Mazzella explained what the Code allows to be discharged into the sewage system. The only way to test whether some- thing is toxic or not is to test the end product. Mr. Mazzella did not think the City knew what the death of the sea creatures was attributable to at this time. There was discussion about detergents and carpet cleaners. Mr. Mazzella stated that to date, detergents have not posed a problem for Regional Waste Water Plants. The carpet cleaners that Chairman Walshak spoke to said they use nothing harsher than detergents used in doing laundry, and he questioned why they should go through an environmental review. Discussion ensued about detergents for washing machines and what is used by carpet cleaners. Mr. Lehnertz could not agree with the statement that what they use to clean carpets is no harsher than the detergents used in washing machines. Detergents used in washing machines have been regulated for several years by EPA because of the pollution problems they caused at one time. Mr. Annunziato mentioned storage of trucks and stated he definitely would not recommend that these businesses be in the C-3 zoning area. He did not think they would be a problem in the C-4 or M-1 ar~as because there would not be the visibility from the community. This would be a departure from the basis for the C-3 Code. There was discussion about storage of trucks. Doug Updike, Doug's Carpet Cleaners, 900 S. E. 1st Street, stated that he applied for an occupational license, and he was referred to Mr. Golden. Mr. Golden advised him that his office would be located in M-1 zoning and that he would have to go before the Environmental Board. Mr. Updike's business was put under the classification of janitorial and building cleaning. There was discussion. M_rs. Huckle thought the entire discussion belonged in a workshop meeting and that it was entirely out of place on this agenda. After looking at the sheet passed around to the Members, Mr. Lehnertz emphasized that he could not agree with these businesses not going through an environmental review because they were talking about something that is volatile at 150°. Mr. Annunziato explained that the two aspects of this were an Environmental Review committee and the Industrial Pre- treatment Section of the City's Utility Ordinance. The two MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 Mrs. Huckle pointed out that the June 13th meeting was held on Tuesday, not Thursday. Mr. Zimmerman called attention to the sixth paragraph on page 17 and said it should read "automobile access" instead of "automobile accidents". In the second line on page 3 of the Meeting of June 15, Mr. Annunziato confirmed Mrs. Huckle's recommendation that the word "attracts" should be changed to "tracks". Mrs. Huckle moved, seconded by Mr. Lehnertz, to approve the minutes of June 5 and June 27 as presented and to approve the June 13th and June 15th meetings as corrected. Motion carried 7-0. (1) STEAM CLEANING CARPET BUSINESS Chairman Walshak noted that the Code only addresses the cost of occupational licenses in the City for carpet cleaning. He thought the Members should consider putting these establishments into a C-3 or M-1 category. Steam cleaning of carpets is not addressed in any of the zoning areas. These businesses work with steam and light detergents and are being subjected to an environmental review when they come to the City for occupational licenses because they are being handled under the category of building cleaning and janitorial services. Chairman Walshak informed Mr. Zimmerman that carpet cleaners that are more like dry cleaners and who use solvents and chemicals would not come under the same category as those who steam clean. Peter Mazzella, Utilities Inspector, who sits on the Environmental Review Board (ERB) and the Technical Review Board (TRB) advised that Chapter 26 of the Code has several sections on pretreatment standards that are somewhat self imposed on the City by itself at the behest of the Environ- mental Pro~ection Agency (EPA) and the Florida Depar~tment of Environmental Regulations (DER). It is tied into the permitting process for the Regional Sewage Plant. Boynton Beach and Delray Beach have to meet discharge requirements before the treated affluent is discharged into the ocean. The City is now having a problem with a toxicity standard. After fina~l treatment, tiny sea creatures are subjected to the affluent. If they survive, the affluent is good. So far, too many of the test creatures are dying, which is keeping EPA on the backs of Delray Beach, the City, and the Regional Waste Water Treatment Plant. - 2 - MINUTES - PLA/~NING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 the Utilities Element of the Comprehensive Plan that there be a policy saying there will be no expansion of the Boynton Beach/Delray Beach sewage treatment plant until the odor abatement is addressed. Mr. Annunziato read from the May 15, 1989 City Commission minutes. He thought the City Commission was fearful that if that went as a policy, the City Commission may have to fund the cost of the odor control. There was discussion about the cost of the odor control. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENTS 1, Project Name: Agent-. Owner: Location: Description: Citrus Glen (continued 6/13/89) Delfin F. Menendez, M.S.M Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner Request for the abandonment of an 80 foot wide collector road (Citrus Glen Drive) 2. Project Name: Agent: Owner: Location-. Description: Citrus Glen (continued 6/13/89) Delfin F. Menendez, M.S.M Design Group Citrus Glen Ltd. Partnership Lawrence Road at Miner Road extended, southeast corner Request for the abandonment of a 60 foot wide local street (Citrus Avenue) The applicant requested that the public hearings for both of these abandonments be CONTINUED until the P&Z Board meeting on August 8, 1989. Mrs. Huckle so moved, seconded by Vice Chairman Collins. Motion carried 7-0. B. SITE PLANS NEW SITE PLANS 1. Project Name: Agent: Owner: Location: Bedding Barn Randall Sofft, Project Architect Larry Crone North side of West Boynton Beach Boulevard, east of Knuth Road - 5 - MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA JULY 11, 1989 Legal Description: Description: The S. 164' of the N. 191' of the E. 150' of Tract 6, The Palm Beach Farms Co. Plat No. 8, according to the plat thereof, as recorded in Plat Book 5 at Page 73 of the Public Records of Palm Beach County, Florida Request for site plan approval to con- struct a 7,992 square foot retail bedding store on .56 acres Ms. Heyden made the presentation. The TRB recommended approval, subject to the staff comments attached to the original copy of these minutes in the Office of the City Clerk as Addenda A-1 through A-2 inclusive, and to the following comments: Building Department 1. Reflect new location of wall on plans and must have access through rear wall to maintain easement landscape. 2o Dumpster requirements (Enclosure must be minimum 10' x 10' inside), also landscape around dumpster enclosure. 3. Lake Worth Drainage District approval needed. 4. Sign as shown does not meet code. Public Works Department "Inside dimensions of dumpster enclosure must be a minimum of 10 feet x 10 feet." Forester/Horticulturist "The applicant should review how the existing overhead power lines will affect the future pruning of the proposed trees." Mr. Richter referred to the comments from the Building Department and questioned why landscaping was needed around the dumpster. There was discussion about landscaping and irrigation. Mr~ Lehnertz asked what kind of traffic impact the project would have. Miss Heyden answered that it did not require a traffic study. Bill Free~ Bill Free Construction, 4301 Oak Circle Drive, Suite 18, Boca Raton, FL 33431, agreed to the staff com- ments. At the CAB meeting last month, they agreed to add a - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 hedge to the left side of the dumpster. Mro Free told Mrs. Huckle they will submit a separate application for the free standing sign, and they will have no problem in complying at that time° Vice Chairman Collins moved to approve the request, subject to staff comments° Mrs. Huck!e seconded the motion, and the motion Carried 7-0. NEW BUSINESS A. PUBLIC HEARINGS PARKINGLOT VARIANCES Project Name: Agent: Owner: Location: Legal Description: Description: The Club George C. Davis Steve Cooper Ralph Lunati South Federal Highway at Gulfstream Boulevard, northwest corner See "Addendum B" attached to the original copy of these minutes in the Office of the City Clerk Request for relief from Section 5-142(h) (3) "Driveways" of the Parking Lot Regulations Mr. Golden read the memo from Mr. Annunziato to the Board, dated June 29, 1989. (See "Addendum C" attached to the original copy of these minutes in the office of the City Clerk.) Mr. Golden said the application was under $100,000. The City staff made a determination that the proposed design change is substantial, based on the elevations submitted with the site plan. He explained to Mrs. Huckle that Sec. 7.5-38 of the Landscape Code was recently amended. The TRB recommended approval of the variance. George C. Davis, Architect, 1100 South Federal Highway, appeared to represent the applicant. As no one wished to speak in opposition to or in favor of the request, THE PUBLIC HEARING WAS CLOSED. Mr. Lehnertz moved to approve the request, subject to staff comments. The motion Was $~conded by Mr. Richter and carried 7-0. - 7 - MINUTES - PLANNING & ZONING BOARD BOY~TON BEACH, FLORIDA JULY il, 1989 2. Project Name: Agent: Owner: Location: Legal Description: Description: Herman's Plaza Karl W. Seidenstucker Sigma Development, Inc. West side of North Congress Avenue, north of Old Boynton Road See "Addendum D" attached to the original copy of these minutes in the Office of the City Clerk Request for a variance to Section 5-142(i)(t) "Access Aisle Width" of the Parking Lot Regulations Ms. Heyden read the memo addressed to the Board from Mr. Annunziato, dated July! 5, 1989~ and attached to the original copy of these minutes in the Office of the City Clerk as "Addendum E". The TRB recommended approval of the request. Karl W. Seidenstucker, 420!0 Community Drive, ~102, West Palm Beach, FL 33409, informed Mrs. Huckle that the plan was not depicting a diimension. It was showing that he was taking out approximately eight feet of curb and replacing it with twelve feet of curb to extend it two feet. No one wished to speak in iopposition to or in faVor of the request. THE PUBLIC HEARING WAS CLOSED. Mr. Richter moved to approve the request, seconded by Vice Chairman Collins. Motion carried 7-0. 3. Project Name: Agent: Owner: Location: Legal Description: Rolling Green Park City of Boynton Beach City of Boynton Beach North side of N. E. 26th Avenue, between North Seacrest Boulevard and Federal Highway The S. 2/3 of the E. 500' of the W. 750' of the NE~ of the NE~ of Sec. 16, Twp. 45 South, Range 43 East, subject to the right-of-way of the S. 50' of the N½ of the NE~ of said Section 16 as described in Deed Book 947, page 367 of the Public Records of Palm Beach County. Together with The S. 50' of the N½ of the NE~ and the N. 50' of the S½ Of the NE~ in Sec. 16, - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 Description: Twp. 45 South, Range 43 East, Palm Beach County, Florida, less the W. 250' thereof. Request for relief from Section 5-142[f) "Drainage" of the Parking Lot Regulations Ms. Heyden read Mr. Annunziato's memorandum of July 3, 1989, which was addressed to the Board. (See "Addendum F" attached to the original copy of these minutes in the Office of the City Clerk.) The TRB recommended approval of the request, as outlined in the memorandum. As no one wished to speak in favor of or in opposition to the request, THE PUBLIC HEARING WAS CLOSED. Mrs. Zibelli expressed concern about the baseball field being taken away from the children. There was discussion about drainage, £1ooding, swales, and sugar sand. Mrs. Huckle thought the justification for granting the variance was very good. Mr. Blanchette moved, seconded by Mrs. Huckle, to approve the request. Motion carried 7-0. REZONING 1. Project Name: Agent: Owner: Location: Legal Description: Request: Citrus Park (formerly known as Citrus Glen II) Roger Saberson, Esq. Boynton Nurseries East side of Lawrence Road, south of Miner Road extended The NW~ of the SW~ of the NW~; and the NE~ of the SW~ of the NW~; and the NW~ of the SE~ of the NW¼ of Sec. 18, Twp. 45 South, Range 43 East, Palm Beach County, containing 28.82 acres more or less Request for a rezoning from PUD w/LUI=4 to PUD with LUI=4 to allow for substan- tial changes to the approved master plan, including the elimination of a proposed five (5) acre public park, the elimination of a public street connec- tion to Citrus Glen to allow for a private security system, an increase in - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 approved units from 106 to 113, and a change in layout and design of the private street system Mr. Golden began reading the memo addressed to the Board from Mr. Annunziato, dated June 27, 1989. (See "Addendum G" attached to the original copy of these minutes in the Office of the City Clerk.) Chairman Walshak asked if the cash payment Phase I made to the City could be used for parks and recreation anywhere in the City. Mr. Golden answered affirmatively and explained that it would go into the General Fund. At the time, the intent was to apply it towards the purchase of the three acres. Mr. Golden referred to the staff comments by the Police and Fire Departments and said an application is pending by Granados to eliminate the public north/south road and to continue a private street. If there was an accident at Lawrence and Miner Roads, Mr. Annunziato said there should be an alternate means of routing traffic around the inter- section. What is being proposed in the combination of the two applications is to eliminate public streets. There was discussion about the 20 foot utility easement and Hunters Run. Mr. A~nunziato believed the subdivision regulations clearly stated that a street layout must be provided equal to the borders of the property. Mr. ~nnunziato explained to Mr. Richter that the applicant is within the density range, but he is not consistent with the Comprehensive Plan with respect to recreational policies or the traffic circulation element. Chairman Walshak argued that a PUD can have private parks or furnish its community with recreational amenities in lieu of parks. That is consistent with the Comprehensive Plan. Mr. Annunziato advised that the City Commission has the ability to grant credit or to allow private recreation in lieu of public recreation. Chairman Walshak asked why all of the burden for the public parks was falling on the developer in Section 2. When this was being proposed, Mr. Annunziato said there was one owner that offered this as a solution to the City. The cash contribution was to offset the difference between the property that would have to be dedicated as a result of the Phase II development in the total of five acres. There was discussion about the land dedication, Lawrence Road, the park, and recreational amenities. - t0 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 Mr. Golden continued reading the memorandum and said it was the recommendation of the TRB that the application for rezoning be denied. Roger Saberson, Attorney at Law, 110 East Atlantic Avenue, Suite 206W, Executive Mall, ~elray Beach, EL 33444, repre- senting the Sturrock family that owns Boynton Nurseries, appeared before ~he Board. With him was Delfin Menendez, Planner; Mr. and Mrs. Sturrock and Mr. Horner, and Enrico Rossi, Civil Engineer. Attorney Saberson clarified that Mr. Miller had an option on the land and there was an option on the Granados parcel. At the time the Sturrocks executed the option and Mr. Miller was going through the zoning process, the Sturrocks had no representation in terms of the zoning and planning issues going on in the City. It was not until Mr. Miller went to the Sturrocks with a quit-claim deed to convey the five acres to the City to satisfy the park requirements for both projects that the Sturrocks became alarmed. After the Sturrocks did not execute the quit-claim deed, Mr. Miller did not exercise the option to purchase the property. Attorney Saberson stated that the park is substantially larger than what is required by the City's Subdivision Ordinance. As far as the conversion of the streets from public to private streets, he advised that a Section of the City's Subdivision Code is cited in the staff materials. Attorney Saberson passed out another Section of the Code that said specifically that private streets shall be permitted within property under single ownership, such as property owners' associations. A similar reference to that effect ls in the City's Zoning Code and in the City's Planned Unit Development Ordinance. It appeared to Attorney Saberson that not only are private streets allowed in the City, but they are allowed as a matter of right. Attorney Saberson said the only exception to that was that where necessary, the connection between one subdivision and another might be where the effect of the approval of one subdivision might cut off the access completely from another vacant parcel of land. Chairman Walshak was concerned about the Police and Fire Departments comments at the TRB meeting, and he read the comments. The comments were acceptable to Attorney Saberson. 11 MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA JULY 11, 1989 Attorney Saberson explained that the desire for private streets stemmed from the fact that a lot of buyers of residential properties want security for the property they are buying. He thought it would be of benefit to the City because it would help reduce crime in that subdivision. Attorney Saberson read an objective from the PUD Ordinance and said you plan it so that traffic goes out onto the major road network and does so as quickly as possible. After elaborating, he said any traffic that thinks that is a shorter or quicker route is going to go through the subdivision. According to the City's existing Comprehensive Plan, neighborhood parks are to be designed as walk to parks. To say that the streets are necessary to get to the park is inconsistent with the kind of park that the City Plan says it is. In terms of access to the school, Attorney Saberson thought they could work out some kind of pedestrian access for kids to walk in the area. He thought the majority of children going to the school would be going by a school bus. Attorney Saberson doubted that the buses would be directed to drive through residential areas. He did not think there would be much school traffic other than from Lawrence Road. Attorney Saberson stated that the applicant has a written, sigued agreement with the School Board about the entrance, so there is access to the site. Chairman Walshak asked what the applicant was proposing in lieu of the five acres. Attorney Saberson replied that they would like to be treated equally, on the same basis as the property owner to the north, which is that they would be permitted to have a 1.37 acre of private recreation facili- ties and that they pay the City impact fees under the recreation provisions of the City's Subdivision Ordinance. Delfin Menendez, Senior Architect, M.S.M. Design Group, 630 South Dixie Highway, West Palm Beach, FL 33401, stated that the park was designed to be connected to the play field areas of the school. They will never be connected because the school always fences its play field areas. The intent here ~s to provide the amount required by the City (approximately two acres), based on the number of units the applicant is proposing. Attorney Saberson had no problem with the comments from the Building Department. He called attention to the fact that the size of the park in relationship to the project is out - 12 - MINUTES ~ PL~-NNING & ZONING BOARD BOYiqTON BEACH, FLORIDA JULY 11, 1989 of proportion. The size of the park and the location of it dominate the whole site, and you cannot mitigate very well the adverse impacts of it (noise and traffic). A number of buyers have felt that the park is out of character for the project. Nothing in the City's existing Comprehensive Plan requires that a park be in this location at this property° Attorney Saberson elaborated. Attorney Saberson stated that the School Board will have a six foot high cyclone fence along the southern boundary of the applicant's property. There will be two separate parks. The School Board has a 20 acre site. Approximately ten acres of that site will-be recreation. Attorney Saberson outlined the kinds of recreation that would be on the site and suggested that if they would be permitted to have a pri- vate recreational facility, the dollars received from their impact fees could be better used to help provide more equip- ment and maintenance and control for the park area the school will have. The School Board will have its park open to the public. Mr. Lehnertz asked what type of negative impact they would get from a neighborhood park. Attorney Saberson mentioned adverse traffic impact, parking, and noise. Mr. Lehnertz thought a bigger negative impact would be having children walk to the School Board park instead of having a park two blocks away. Attorney Saberson was sure they could work out a pedestrian easement for children. Chairman Walshak asked if anyone wished to speak tion to the request, and there was no response. anyone wished to speak in favor of the project. in opposi- He asked if August Hernandez, Government Liaison and Planner, School Board of Palm Beach County, emphasized that the position of the School Board on this application was neutral. They felt it was very important to inform the Board and the City of the progress of the school that is under construction. Mr. Hernandez thought the City Staff gave an excellent report. It was about 1½ years ago that the School Board came into the City. Mr. Hernandez was sure the plan shown to the Board tonight would work, but this was the first time the School Board had been privy to the revised site plan for the PUD adjacent to the school site. During their discussions, Mr. Hernandez thought it was the road network that eventually came by the school site and worked its way up in a northeasterly direction to Miner Road. - 13 - MINUTES - PLAi~NING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 It was only a month ago that the School Board was approached by the Sturrocks and asked if they would like to reconsider and regenerate the design for a joint access road. They thought it was going back with the viewpoint that they had of a more comprehensive plan for the area, and they entered into the agreement. There is an agreement now for the joint road. Chairman Walshak asked if Mr. Hernandez had a problem with the access the applicant was presenting. Mr. Hernandez stated that their thought was to get the mothers and children off the major roadways (Lawrence Road and Hypoluxo Road) and circulate them through the internal roadway system. That was the main emphasis for moving the school's access road off of Lawrence Road. He presented plans showing the latest revision of the joint use road. Parents would go onto the site, do their drop offs and pick ups without having to go onto a major road network. Mr. Hernandez was surprised that a copy of this design was not given to the School Board in adquate time for them to have input and sit down with the petitioner. There was not enough coordination, and the School Board did not have an opportunity to study the plan. There was discussion about stacking of cars, parking, and the drop off site. Enrico Rossi, P.E., Rossi & Malavasi Engineers, Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach, said their getting with the School Board for a common entrance was something that the Planning Staff had asked for. It was worked out through an agreement. Two lanes in and two lanes out were provided with the notion that the right lane could be used for stacking for people dropping the kids off for school. Attorney Saberson had an agreement signed by the School Board that agreed to the entrance shown on the applicant's plan. (A copy of said agreement is in the applicant's file in the Office of the City Clerk.) He was sure somebody at the School Board reviewed the agreement before the execution of it was authorized. Attorney Saberson elaborated on what was in the agreement and what his client had dedicated and contributed. Mr. Annunziato also explained the agreement and said it was designed to provide satis- factory access to both projects and to provide for access northward. Attorney Saberson said the agreement was executed after everyone knew there were two separate developments and not a - 14 - MINUTES - PLAb~ING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY tl, 1989 combined development° In the meetings the applicant had with the School Board, the School Board was advised that the applicant would be asking for a private road system and for illumination of the park. Even though they had not seen the plan, the School Board knew what the effect of the plan would be. Mr. Hernandez stated that the instrument was thoroughly reviewed, and it was understood that the entranceway was to be 350 feet in length and 80 feet in width, because the school is presently under construction. The School Board was provided with drawings of Citrus Glen I and II, but he was sure the plans indicated a spinal road connecting the two PUDs. It was the School Board's understanding that the spinal road would help keep the traffic generated from the dwelling units internal, off of the major thoroughfares, and yet provide access to the school. Mr. Hernandez thought these problems could be worked out with the petitioner. He pointed out the lack of a pedestrian walkway system to tie the two PUDs into the school system and said the School Board wants t~is. Mr. Menendez responded that Mr. Granados was to provide sidewalks on all of the local roads. He stated they would provide the connection between the two projects. Chairman Walshak clarified that they will provide the sidewalks in addition to the 20 foot wide paved area. Attorney S~berson agreed to this. Mr. Hernandez wanted the record to reflect that the School Board moved forward because of the unfortunate situation of the properties not being able to move simultaneously with it. Therefore, they designed the school site to be a stand alone system. If a neighborhood park adjacent to the school ever came about, Mr. Herna~dez said the School Board would certainly execute an agreem.,e~lt between the City and the School Board on joint use o~ the facility between the school playgrounds and the park. They would then relocane the fence in a geometry that would be satisfactory to the City and to the School Boaf~ to keep security at the school site and at the same time p~ovide access to people and keep motorized bikes off of the play ground. As no one else wished to speak in favor of the application, THE PUBLIC HEARING WAS CLO~D. The Board Members discussed public and private roads. According to the Evaluation and Appraisal Report which says neighborhood parks are a major part of the City, - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 Mr. Lehnertz did not feel there was any reason to take the park out of this project. He also saw no problem with a residential area having interconnecting roads. Mr. Richter felt the City had no right to force the owner to sell three acres of that. property when the owner complied with all of the Codes and the Comprehensive Land Use Plan. Chairman Walshak asked if the applicant would be willing to sell the three acres. Attorney Saberson answered that the applicant would definitely prefer not to. The park is so large, it dominates the site. It impedes the planning for the site and the use of it. Mr. Lehnertz did not think that was germane to the issue. Mrs. Huckle was not convinced that they could not find another spot for the park and for the funds that were forwarded i~ lieu of recreation. Vice Chairman Collins agreed. Motion Mr. Richter moved to approve the request, seconded by Vice Chairman Collins, subject to the following staff comments: Addenda H-1 through H-2, inclusive, attached to the original copy of these minutes in the Office of the City Clerk. Fire Department "The Fire Department prefers public street connections to and through this development. The proposed alternative access from Citrus Glen via 20' easement with paver block on compact subgrade is acceptable. Police Department 1. Access from Citrus Park to Citrus Glen to be provided. While a public right-of-way is the best solution, the minimal acceptable emergency access would be an area connecting streets within the two developments, using open pavers as a surface (Public Safety). 2. Disclaimer on damage to fences or gates on emergency right-of-way (Public Safety). Forester/Horticulturist "The applicant should submit a tree survey and Tree Management Plan prior to the preliminary plat approval, according to Section 3.2.7.2.2., 33 and Ordinance ~81-21. - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11~ 1989 City Attorney "Please be advised that I have reviewed the legal documenta- tion for the above referenced rezoning request, and have determined that this proposal meets the requirements for un~fied control, as outlined in Section 6 of Appendix B, Planned Unit Developments of the Code of Ordinances." A vote was taken on the motion, and the motion carried 5-2. Mr. Lehnertz and Mr. Zimmerman voted against the motion. B. SUBDIVISIONS MASTER PLAN MODIFICATION 1. Project Name: Agent: Owner: Location: Description: Cross Creek Centre Steve Rhodes Denholtz-Rhodes Associates North side of West Boynton Beach Boulevard, between Congress Avenue and the L.W.D.D. E-4 Canal Request for approval of an amended master plan to change the permitted use designation for 2,775 square feet of the 15,000 square foot office building from C-1 uses to C-3 uses Mr. Golden read the memo from Mr. Annunziato, dated June 27, 1989, which was addressed to the Board. (See "Addendum I" attached to the original copy of these minutes in the Office of the City Clerk.) The TRB recommended that the request be denied. In the letter of submittal, Mr. Golden said it was indicated that the original application was all retail. It was retail and office, as shown on the master plan. The Board discussed the change in zoning, the conditions self imposed by the applicant, and the opposition from the neighbors to the north. Steve Rhodes, Denholtz Rhodes Associates, Congress Business Center, 1280 North Congress Avenue, Suite 108, West Palm Beach, FL 33409, clarified that the use they had wanted was all retail. After suggestions by the City Staff and other people, they preferred to come in with retail and office. The site lends itself to retail more than office use. Mr. Rhodes said they submitted a letter trying to address the concerns of the neighbors, the City Staff and City - 17 - MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA JULY 11, 1989 Commission that would make it more palatable. Since that time, they tried to lease the office space. As of today, they are 100% leased in the retail, but they are having trouble with the office space° Mr. Rhodes emphasized that they would just be changing the use within the structure. They would love to have all of the building retail, and they originally asked for 7,000 square feet. By dropping it down to 2,775 feet, which is a 10% reduction, they did not have to go through a public hearing. Mr. Rhodes stated that some of the office uses, such as medical, generate more traffic than the retail uses. Mr. Rhodes asked for a modification of their conditions. Comments were made by the City Staff and the TRB that they are uncomfortable becauss the applicant should go before the people. They asked for less feet so they could go through the quickest process. Chairman Walshak asked how much of the office space is leased. Mr. Rhodes replied about 35%. ~nelr main problem is that most people do not consider this as an office struc- ture. The 2,775 feet represents 10% of the traffic generated. Mr. Rhodes said they have three or four tenants that would like to go there. Mrs. Huckle asked about the parking requirements. To meet Code, Mr. Rhodes said they will have to add parking. Twelve extra spaces were shown, and five or six are required. How- ever, some of the spaces will affect drainage. Mr. Rhodes stated that they will be happy to comply with all of the TRB comments. Anything that conflicts with drainage will not be added. There was discussion about traffic, parking, ad valorem taxes, 5enants, zoning, the opposition of the neighbors, and the request of the applicant. Mrs. Huckle asked how often an applicant can come in and ask for 10%. Mr. Annunziato did not think there was a limitation. Mrs. Huckle remarked that it could be nibbled away until it is all C-3. Mr. Zimmerman noted the applicant was asking for the whole blanket usage for C-3, which is quite numerous. It will be wedged in between large residential areas to the north and south. Mr. Zimmerman thought that was asking for a lot since it had been just a short time since they committed themselves to it being office use. He did not doubt that they would be back again, and again, and again. There was discussion about the type of uses that could go in and the 18 - MINUTES - PLANlqING & ZONING BOARD BOYNTON BEACH, FLORIDA ~JLY 11, 1989 previous opposition. Mr. Lehnertz called attention to the two empty commercial areas directly to the north and to the south and saw no reason for additional commercial areas. Motion Mrs. Huckle moved to deny the request, seconded by Mr. Zimmerman. The vote on the motion was 3-4. Mrs. Huckle, Mr. Lehnertz and Mr. Zimmerman voted for the motion. Chairman Walshak, Vice Chairman Collins, Mr. Blanchette, and Mr. Richter voted against the motion. Motion Mr. Blanchette moved to approve the request, seconded by Mr. Richter, subject to the staff comments attached as "Addenda J-l" through "J-2" inclusive in the Office of the City Clerk and to the following comments: Utilities Department "We have no objections to the proposed modification, with one condition. In that the conversion of 3,500 square feet of floor space to a more intensive use is dependent in part upon the addition of parking spaces, we request the appli- cant demonstrate how fire hydrants and other existing utilities will be relocated to allow for construction of additional parking. The revised plan indicates additional parking spaces in areas curently occupied by hydrants and other utilities." Forester/Horticulturist "The applicant should show calculations of landscaping square footage being removed where parking stalls are added to the revised plan. The total interior landscape square footage should be 20 sq. feet per parking stall." A vote was taken on the motion, and the motion carried 4-3. Chairman Walshak, Vice Chairman Collins, Mr. Blanchette, and Mr. Richter voted for the motion. Mrs. Huckle, Mr. Lehnertz, and Mr. Zimmerman voted against the motion. SITE PLAN 1. Project Name: Agent: Owner: Location: Chalet IV (Sandalwood) at the Melear PUD Herbert Malyn Sandalwood Homeowners' Association North Congress Avenue at Miner Road, southwest corner - 19 - MINUTES - PLANNING & ZONING BOARD BOYIqTON BEACH, FLORIDA JULY 11, 1989 Legal Description: Description: 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 addition of a project identification sign Ms. Heyden made the presentation. The TnB recommended approval, subject to the staff comments attached to the original copy of these minutes in the Office of the City Clerk as "Addendum L" and to the following comments: Building Department i. Ail plans submitted for public record by a design professional, registered in the State of Florida, must be signed and sealed. 2. Dimension the setback of the free-standing sign from the adjacent property line(s). 3. Design windload for signage is fifty pounds (50%) per square foot. Mr. Richard Anderson, 413 Live Oak Lane, said Sandalwood has had major problems with its identity since the homeowners took over. Mr. Richter moved to approve the comments. Vice Chairman Collins the motion carried 7-0. request, subject to staff seconded the motion, and aw Project Name: Agent: Owner: Location: Legal Description: Description: The Lord's Place Craig R. Livingston, Siteworks Architects & Planners, Inc. The Lord's Place East side of N. E. 4th Street, north of N. E. 15th Avenue The N. 314.76' of Govt. Lot 2, Sec. 22, Twp. 45 S., Rge. 43 E., Palm Beach County, Florida, lying west of the FEC Railroad right-of-way Request for approval of an amended site plan to allow for the expansion of the existing apartment complex from 11 units to 22 units (19,334 square feet total) Ms. Heyden made the presentation. The TnB recommended approval, subject to the staff comments attached to the - 2O MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY I1, 1989 original copy of these minutes in the Office of Clerk as Addenda M-1 through M-3 inclusive, and following comments: the City to the Police Department 1. Comply with parking lot lighting Ord. 2. Comply with construction security Ord. (5-142A). (5-8G). Public Works Department "Contact Public Works prior to forming dumpster pad for proper angle - 738-7427.'' Forester/Horticulturist 1. The existing Australian Pine trees must be removed in accordance with the City Comprehensive Plan requirements. 2. All trees must be 8' in height at time of planting. 3. The applicant should submit a survey of the existing trees and the proposed activity to occur to each tree. 4. Suggest Acacia be replaced with Mahogany trees. 5. Shade trees every 40' o.c. should be planted in parking lot along N. E. 4th Street. No one was present to represent the applicant. Mr. Zimmerman asked what the density would be. answered 9.4. Miss Heyden Mr. Richter moved to approve the request, subject to staff comments. Mr. Btanchette seconded the motion. There was discussion about the applicant not being present and the staff comments. A vote was taken on the motion, and the motion carried 7-0. Project Name: Motorola Agent: Michael D. Miller, AIA Heery Architects & Engineers, Inc. Owner: Motorola, Inc. Location: North Congress Avenue at N. W. 22nd Avenue, southeast corner Legal Description: Description: See "Addendum N" 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 an 8,900 square foot addition to the new office wing which is currently under construction (88,900 square feet total) 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 11, 1989 Ms. Heyden made the presentation. The TnB recommended approval, subject to the following staff comment: Planning Department "Amend application and plans to reflect required parking and gross floor area, including addition." Steve Burke, 5583 Pebble Brook Lane, agreed to the staff comment. Mr. Richter moved uo approve the request, seconded by Mr. Lehnertz. Motion carried 7-0. 4. Project Name: Agent: Owner: Location: Legal Description: Description: Quantum Office Park Adolfo J. Cotilla, Jr. ACAI Associates, Inc. Quantum Associates West of Interstate 95, between Miner Road extended and the Boynton (C-16) Canal Lot 5, Plat of Quantum Park of Boynton Beach, Plat Number 2, as recorded in Plat BoOk 57, Pages 184-185 of the Public Records of Palm Beach County, Florida, together with a portion of Tract "iH", a drainage easement, in said Plat, said portion being designated as 5-A and Lot 4 of said Plat of Quantum Park of Boynton Beach, Plat Number 2, together with a portion of said Tract "H", said portion being designated as 4-B, and together with that portion of the Lake Worth Drainage District Canal E-4, a drainage ealsement as said drain- age easement is shown on said Plat, said portion being designted as 4-A. Requestlfor approval of an amended site plan to allow for an expansion of building No. 2 from 15,866 feet to 16,442 !feet and th~ replacement of a wood deck with a cbncrete slab at lots 4 and 5 of the Quantum Park of Commerce Planned Industrial~ Development Ms. Heyden made the presentation. Adolfo J. Cotilla, Jr., President, ACAI Associates, Inc., 4300 North University Drive, iSuite B-104, Fort Lauderdale, FL 33351, explained the change. Chairman Walshak asked if 22 - MINUTES -.PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA JULY 11, 1989 it was it was looks. a substantial change. Mr. Annunziato answered that not because it did not change the way the building Mr. Cotilla emphasized that the colors had not changed. The TRB recommended approval, subject to the staff changes from the Planning Department attached to the original copy of these minutes in the Office of the City Clerk as "Addendum O". Ms. Heyden said there was some confusion about the last comment. She and Mr. Cotilla will meet some time this week before the City Commission meeting to work it out. With the exception of that comment, Mr. Cotilla agreed to the staff comments. Vice Chairman Collins moved, seconded by Mr. Richter, to approve the request, subject to staff comments with the exception of the comment being negotiated with the Planning Department. Motion carried 7-0. OTHER Consideration of proposed zoning regulations for drive thru restaurants Because it was late, this item was postponed. ADJOURNMENT The meeting properly adjourned at 11:38 P. M. Patricla Ramseyer Recording Secretary (Four Tapes) - 23 -