Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Minutes 11-10-87
MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 AT 7:30 P. M. PRESENT W~a ter "Marty" Trauger, Chairman Rol,ert Wandelt, Vice Chairman Ha] Ma1 Si~ Roi Gal ABE Bo~ Ch~ an( Co~ Be thc AN¸ Srl put 7: zo~ the am~ MIl Alt att fel in se( at 'old Blanchette ilyn Huckle tin Jackier ~n Ryder ,ert Walshak ~ Lehnertz, Alternate ENT Rousseau, Alternate (Excused) Carmen Annunzimto, Planning Director Jim Golden, Senior City Planner £rman Trauger called the meeting to order at 7:30 P. M. recognized the presence of Mayor Nick Cassandra, ~missioner Ezell Hester, and Pamela Hasterouk of the Palm ch Post. He introduced the Planning Staff, Members of Board, and the Recording Secretary. 'OUNCEMBNTS ublic Hearings Annunziato reminded the Members that there will be lic hearings on the 23rd and 30th of this month at 0 P. M. The hearings on the 23rd will be on the drafted ing regulations, and on the 30th, the hearings will be on rezonings. On December 10, 1987, at 7:30 P. M. there be a reviewing process for the Comprehensive Plan ndments. UTES OF OCTOBER 13, 1987 hough she was not at this meeting, Mrs. Huckle called ention to the next to the last paragraph on page 21 and t Mr. Annunziato meant to say "under the building" parking the fourth line of said paragraph. Ryder moved to accept the minutes with the correction, onded by Vice Chairman Wandelu. Motion carried 6-0. · Huckle abstained from voting because she was not present the meeting. - 1 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 .KSHOP MEETING OF OCTOBER 27, 1987 WO~ Mr .~ se( Ch~ as WO~ Mrs ref Ch~ Mr. by Mr. pre Th~ OL] · Huckle moved to accept the minutes as presented, onded by Vice Chairman Wandelt. Motion carried 5-0. irman Trauger and Mr. Blanchette abstained from voting, they were not present at the meeting. NEW A. KSHOP MEETING OF OCTOBER 28, 1987 · Huckle drew attention to page 9, the first paragraph er "Page 20, R-1AAB and R-1AAA" and said the minutes erred to the area between Swinton Avenue and the Baptist rch. She was sure it was the Presbyterian Church. MrRyder moved to accept the minutes as corrected, seconded ~s. Buckle. Motion carried 5-0. Chairman Trauggr and ~lanchette abstained from voting, as they were not sent at the meeting. K~HOP MEETING OF OCTOBER 29, 1987 Members had not received these minutes° BUSINESS SITE PLAN MODIFICATION 1. Project Name: Agent: Owner: Location: Description: Annunziato asked BUSINESS ?UBLIC HEARINGS Lake Worth Mariner Village (Tabled August 11, 1987) Robert E. Kuoppala Boynton Mariner Village Homeowner's Association North Federal Highway at N. E. 12th Avenue, east side Request for approval of an amended site plan to permit the addition of two motorized sliding security gates and a chain link fence that this item remain on the table. HORATORIUM VARIANCE/SITE PLAN Project Name: Agent: Owner: Dr. Love Medical Office Building Luther L. Eubanks, Project Architect Douglas J. Love, M. D. - 2 - MINUTES - PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD NOVEMBER 10, 1987 Location: Legal Description: Description: East Boynton Beach Boulevard at N. E. 1st Street, southeast corner See "Addendum A" attached to the original copy of these minutes in the Office of the City Clerk. Request for approval of a variance to the moratorium on new construction or substantial renovation of buildings on Boynton Beach Boulevard to allow for the conversion of a former builder's supply business/office (Ridgeway Plumb- ing) to a medical office (orthopedic facility) consisting of 3,000 s~uare feet of floor space PARKING LOT VARIANCES 2. Projec= Name: Agent: Owner: Location: Legal Description: Description: Dr. Love Medical Office Building Luther L. Eubanks, Project Architect Dr. Douglas J. Love, M. D. East Boynton Beach Boulevard at N. E. 1st Street, southeast corner See "Addendum A" attached to the original copy of these minutes in the Office of the City Clerk. Request for relief from Sections 5-142 (f) "Drainage", 5-142(h) (2) "Driveway Radius", 5-142(h) (3) "Driveways", 5-142(h) (4) "Back-up Space", and 5-142 (i) (2) "Maneuvering" of the Parking Lot Regulations Mr. Golden said this project consists of the moratorium variance, the site plan, and five requests for variances of parking lot variances. Since the requests were related, he sai he would present the project as one item. The ref 198 rep (TR fha req Golden called attention to the location, which is ediately across from the Fire Station on N. E. 1st Street. property and building are currently vacant. Mr. Golden ~rred the Members to the memorandum dated October 26, 7, from the Planning Director to the City Manager, which Drted the recommendation from the Technical Review Board B). With regard to the site plan, the TRB recommended ~ the site plan be denied owing to the multiple variances lired to make the project work, as well as additional - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 va~iance~ not requested which appear to be necessary to make th~s pro]ect consistent with all applicable Codes and Ordinances. These issues are outlined in "Addendums B-1 through B-6" attached to the original copy of these minutes in the Office of the City Clerk. ThE tis the th Ch~ the th~ re~ it the to me~r Wit Go/ the 19.~ of hal Wit Gol was and The re¢ is "Ad Mre ref TRB also recommended that the request for the moratorium iance be denied, stating tha~ it was premature at this .e to make a determination as to whether this project ld be consistent. Concerning the proposed use, it was con.sensus of the TRB that the use appeared to be patible with the Land Use Plan as developed at this nt and time. However, the site layout and design was ther issue. Mr. Golden clarified that it is not clear at s time whether or not this project could be somewhat sistent or may not be consistent, etc. irman Trauger asked whether the Board had a Resolution on acceptance of this moratorium. Mr. Annunziato believed Board just acted, and the prior Moratorium Ordinance uired the passage of a Resolution. The issue was whether should be recommended for or against by the P&Z Board to City Commission. Mr. A~nunziato said the Planning artment would prepare what paperwork would be necessary effect a change and would have it available to the Board n. As a part of this public hearing, Chairman Trauger d the Board would assume that this will meet the require- ts of the moratorium. Mr. Annunziato confirmed Chairman uger's statement and added that it had been properly ertised and was ready for the Board's action. regard to the five parking lot variances requested, Mr. den read what each Section of the Code requires and what applicant was requesting from the memo dated October 26, 7 from the Planning Director to the Chairman and Members the P&Z Board. See "Addendum C-l" attached to the origi- copy of these minutes in the Office of the City Clerk. h respect to Section 5-142[h) (2) "Driveway Radius", Mr. den apprised the Members that the TRB determined there no need for this variance, as outlined in "Addendum C-i", that this request should be deleted from consideration. applicant will be reimbursed for this request. The ommendation of the City Engineer regarding this variance attached to the original copy of these minutes as dendum C-2". Golden said the driveway requested for relief with erence to Section 5-142(h) (3) "Driveways" is the same - 4 · MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA NOVEMBER 10, 1987 dr] -Bs "Ms par The de~ iai of to (h) TRB rec sid It of pla res tio mor his cop veway referred to for relief from Section 5-142(h) (4) ck-up Space". With regard to Section 5-142(i) (2) neuvering", the applicant was proposing more specific king Cell markings. TRB recommended that all of the variance requests be .ed. With respect to Section 5-142(f) "Drainage", the recommended denial of this request because the applicant .ed to submit documentation demonstrating the quantity storm water runoff that could be contained on site in posed land~caped areas of the parking lot. With respect the remaining Sections 5-142(h) (3) "Driveways", 5-142 (4) "Back-up Sp~ce", an~ 5-142(i) (2) "Maneuvering", the recommended denial. Mr. Golden read the reasons the TRB ommended denial from pages 2 and 3 of Addendum C-1. Ryder referred to 1st Street and asked if there were any swalks. Mr. Golden replied that there were no sidewalks. is an old area of the City, and he explaiaed that a lot the rights-of-way are 30 feet wide. When they were tted and constructed, often sidewalks were not built. Annunziato felt it was important to note that the TRB's 3onsibility in this regard was to offer its recommenda- ~ to the City Manager with r~spect to the request for ~torium. The City Manager c~t~d his reasons on page 2 of memo dated November 5, which is attached to the original of these minutes as "Addendum D". It semed to Mr. Blanchette as though the City has a piece of property which is completely useless, as far as the City Cod~s go, because there were at least five requests for variances. The building takes up so much space on the lot tha~ there is no other room for parking or driving lmprove- men~s. Mr. Golden pointed o~t that the site is grand- fatlered in for a professiona.l office, which has different par[ing requirements than medical (one parking space for 300 squ~re feet, as opposed to on.e for 200 square feet), and it cou~.d be occupied by any type of professional office use (re.[ltor, an insurance company, etc.). Und~r that particular point of view, Chairman Trauger asked wha the requirement would be for parking spaces. Mr. Golden answered that it would be grandfathered under that use~ and it would not be an intensification by the City's Mr. Golden said it would be 15. - 5 - MINUTES - PLANNING & ZONING BOARD BOY, TON BEACH, FLORIDA Mre spa ot~ Fir the of ins man bac Gol Mr. thi muc Boa not Cit not NOVEMBER 10, 1987 Ch~ ah, a~d Cla fha Mr. se~-~ Mr. s~tr gif thi: use The &~ g f~r n~ c~u2 Blanchette pointed out that, actually, there are four ces facing Boynton Beach Boulevard which comply. The ers are not at all in compliance, especially with the Station across the street. Mr. Golden answered that somewhat comply on the north side, but there is a lack pace, and the width of the access aisles is also ufficient, as pointed out in the staff comments. Chair- Trauger asked if there would be any danger as far as king out with the Fire Station across the street. Mr. ~en replied, "Potentially, yes." Ryder knew the applicant was particularly interested in particular location but, considering that there is so a vacant office space available, he thought that for the rd to be confronted with something like this that does have sidewalks (which is very unsafe) right next to the Hall which will be constructed, and with the applicant being able to comply with the City's parking ~lations, he could not buy it. [rman Trauger asked Mr. Ryder to take another look at it, he reminded him that the City is fixing up City Hall attempting to bring Boynton Beach Boulevard up to a 3s A thoroughfare. He asked if they were going to leave ~ "junky" building sitting there forever on that site. Ryder agreed something h~d to happen, but he could not this happenzng. Walshak tended to agree with Chairman Trauger. This was of the reasons he felt the downtown parking was very )rtant. With a building like this, if they would use off ~et parking, maybe they could do something with it. Mr. ~hak felt any improvement to that building would be "a Annunziato pointed out that there is an intermediate ~1 of development which results in the ability to use building for a less intensive use but also for a good such as a general office. Doctors' offices are fairly nsive in that the parking requirements are fairl~ severe. ' generate a lot of traffic per square foot, more so than ~neral office. No matter what they would be usin~ it Mr. Walshak brought out that the applicant would still · the variances. Mr. Annunziato agreed that they may 1 need some variances, but the Board did not know how For example, the parking at the rear of the b~ilding d be utilized for an office. He did not know that it d be variance free, but it would at least requzre fewer MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA NOVEMBER 10, 1987 varliances. Mr. Annunziato added that there may be other ways to ~ook at the property than the way it was being looked at in ~his request. ! Mr. Walshak expressed that for all intents and purposes, the way the parking stacked up now, the applicant was restricted as to what he could do there. He felt it was a shame. Mr. Ryder reiterated his prior statements. dis all alt the Mr. Way it tha WOU had may Ch~ th. ~'~0] who ope: Mr o pro] sta: Sep' if ] tak~ pat: ope] Dr. th~l the Mr. him Annunziato informed the Members that there was some cussion concerning the potential abandonment of that to the south of this building, which is also an that could be pursued. He believed it would provide the opportunity for one way p~rking. The point Annunziato was trying to make was that there were other ~ to look at the site than the way they were looking at now. Chairman Trauger asked how the Board would get to ~dPoint. Mr. Annunziato answered that the applicant L have to get there. Ryder alluded to the moratorium and the study the Board · He did not feel this would fit in with what possibly come up. Lrman Trauger asked if anyone wished to speak in favor of proposal. :on Goldstein, 130 N. E. 26th Avenue, said Dr. Love asked to say a few words. Dr. Love could not be present, as lad an emergency. Mr. Allen was the real estate person sold Dr. Love the property back in June, and he assured Love at the time that there would be no problem in him ling up a doctor's office. Goldstein told Mr. Ryder that Dr. Love would have no )lem with putting in a sidewalk. In July, Dr. Love 'ted with the City about wha5 needed to be done. In :ember, Mr. Goldstein had a call from Dr. Love, asking ~e (Goldstein) would have a meeting to see why things not moving. Dr. Love is an Orthopedic Surgeon, who is assignments for insurance, and he sees probably fifty ents a week in Boynton Beach now. Dr. Love wanted to ~ up an office in Boynton Beach. Mr. Goldstein thought Love would be the only Orthopedic Surgeon around here . takes assignment, and he expressed this is something City needs. Goldstezn said Dr. Love will do anything the City asks to do to fix the building up. Mr. Goldstein inzt~ally MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 ha~ a meeting with Mr. Golden and then met with City Manager Chgney in September. At the time, Mr. Goldstein expressed Dr2 Love's feeling and asked City Manager Cheney to tell Dr. Lo~e what he wanted Dr. Love to do, and Dr. Love would do it.I Mr. Goldstein also told City Manager Cheney to ask Rasmond Rea, City Attorney, to draw up a list of what has to be done on City stationery, and Dr. Love will comply with that list. All Dr. Love wants to do is open up a doctor's office and serve the public. One lar whs wit cei bui spa Dr of e the moratorium is over, if tbs City decides it needs dscaping or anything to bring it into conformance with t the area should look like to make it nice and compatible h the new City Hall, Mr. Goldsteln said Dr. Love is tainly willing to do whatever the City assigns him to do. Goldstein informed Mr. Ryder that Dr. Love wanted a lding rather than an office was because he needed extra ce at the time for therapy machines to do proper treatment. Love also felt the location was more compatible ~o a lot the patients he was seeing in Boynton Beach. Mr Goldstein agreed with the statements made thus far and ad(md his thought that it would certainly be much nicer than having that old building sitting there. The applicant would hav~ something that would turn into something fairly nice and would make it compatible with the new City Hall. They know it is restricted from the parking vaewpoint, etc., but Dr. Love is willing to do whatever ca~ be done. Mr. Gol~stein urged the Board to keep Dr. Love from chasing around and losing money. Dr. Love bought the building with the assurance of City Attorney Rea and Mr. Allen that he could put a doctor's office on property that he, in good faiSh, bought in July. Not being able to do anything means a l)t of money. Mr. Ryder advised Mr. Goldstein that the applicant cannot hav~ a sidewalk there and have a continuous drop curb. Mr. Gol~stein argued that if the City wants a sidewalk there, Dr. Love as willing to put one an. Mr. Ryder asked what wou=d happen with the parking spaces. Mr. Goldstein thought if )r. Love put the sidewalks in, he would need a variance. Mr. Ryder brought up the fact that you cannot have cars crossing the sidewalk, because it would not make sense. The' would wind up with a continuous drop curb. Mr. Golgstein repeated that Dr. Love will do whatever the City wan~s. Dr. Love is saying that if the City will tell him wha~ to do, he will do it. - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Mr. Goldstein commented that he kept asking what the City wan~e~ and could not get a specific answer. Mr. Annunziato interjected that Mr. Goldstein's statement was unfair because Mr. Golden does not speak for each Member of the TRB These decisions are made by a vote of the TRB. It was not'a matter of the applicant asking what he could do to get thi req *Mr. try ope not Cit TRB rec Boa the Lut Sui beh ter Aug men bit wha try. Mr. int~ eff~ sai~ Cit, awai the at l pre( Mr. all He ~ draJ but so abl. imp. approved. Ail the TRB can suggest is what the Code airements are. Golden queried why the City has a bureaucracy that is lng to put a lot of hindrances in the way of somebody %ing up a place of business. He asked why the City could give a list to somebody that says they will do what the ; wants them to 'reacted to the )mmendations to :d and the City Ordinances and *Should be Mr. Goldstein. See 12/8/87 Minutes. do. Mr. Annunziato responded that the City's Ordinances and did that in their the P&Z Board and the City Manager. The Commission have the authority to overcome to react to the requests for variances. ~er L. Eubanks, Architect, 980 North Federal Highway, :e 206., Boca Raton, Florida 33020, thought the background .nd was important. He stated that Dr. Love's timing was :ible. Mr. Eubanks went to the City the beginning of 1st with a plan drawn up with very minor interior improve- ~s to the building, and it was bounced around a little within the Building Department. No one was quite sure ~ was going on. During that course of time, they were .ng to respond to upgrading the parking. Eubanks referred to someone saying the building is more ~nsel~ used now, so now the new rules have to come into ~ct, and the new Parking Ordinance has to be met. He a whole series of changes was going on and even the Attorney, at the time he wrote his letter, was not e that these things were happening. Mr. Eubanks said applicants kind of started down a tunnel, and they are .his point today. He wanted s~me appreciation of the [icament, which is like a Catch 22. Eubanks admitted that he cannot make the property meet of the qualifications because there is no way to do it. aid he could quantify some things, such as the roof nage. They can accommodate 30% or 40% of the drainage, Mr. Eubanks advised his client not to spend the 1,200 or ollars now to engineer it until they have some reason- assurance that everything else, which is much more rtant than that issue, is in the "ball park." He urged - 9 - MINUTES - PLANNING & ZONING BOARD BOHNTON BEACH, FLORIDA NOVEMBER 10, 1987 Dr. Love not to do this if they are not even in the ball pa~k. Mr. Eubanks said, "We are certainly willing to do that." sai sid a f 10t asp dif onl Eubanks stated that one of the things he specifically they did not want to request was a variance for the walk~ They want to put the sidewalk in, and it would be ush sidewalk just as if you would have a normal parking entrance with a concrete sidewalk running through the halt, flush on both sides. Mr. Eubanks wanted to ferentiate between street and parking and said they were · talking about six cars, not 100 trips across it daily. aSSn. Ryder commented that it amounted to him talking about ~xtensive drop curb. Mr. Eubanks argued that it would not be a drop curb. The sidewalk would be flush with the exi3ting paving, and it would be cut back then patched back in lntii it was flush with both sides. Mr. Eubanks said the will even go so far as to take out and put in pattern pavers an order to describe the parking spaces. He stressed tha he cannot move the parking spaces anywhere else, as they hay no more room. The building is in the middle of the site, and that is it. If be men wha' that sub of cia see imp] Mr. int¢ spa( sai~ int, witl Eub~ keel pro~ is t the coul :hey can work something out, Mr. Eubanks said they will Tilling to, but he cannot meet the "technical require- :s." He stated he would go through it and show the Board they have done. They eliminated the existing d~iveway goes out onto Boynton Beach Boulevard and the e~isting tandard parking. Right now, there is 3,000 square feet ~uilding, and Mr. Eubanks said it meets Code for ~ommer- If the Members would look at the criteria, they would it is less than 1% pervious area on the site. Any ovement over that is going a long way. Eubanks asked the Members to remember that they only got this when they were going to add a couple of parking es. When they added a couple of parking space~, someone it was a more intensive use, and all of these rules came play. Mr. Eubanks asked, "What am I supposed to do the new rule?" He said he would try to meet it. Mr. nks exclaimed that he keeps going forward, and the rules backing him up further. It is a very frustrating ess. Mr. Eubanks has seen the pictures of what the City rylng to do with Boynton Beach Boulevard and was sure Doctor wanted to be a part of it. Eubanks said the applicant was asking tonight whether he work with the City. Mr. Ryder pointed out that Mr. - 10 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Eu~anks was asking the Board to approve a facility where ca~s can back up at the entrance of a fire house. Mr. Eu~anks replied that they are doing it now, and the Firemen arq doing it now. Regardless of that, Mr. Ryder did not see ho~ the Board could give this their blessing. sp8 iht lar eg~ In she all res imf the CoP thr cou imp Eve Eu~ wou rem the spa the app If the was The an ' Cha it ~ woul ba( ali Eubanks responded that they only have the six parking ces there; they are turning in north of the Fire Station o the driveway, and coming out south of the Fire Station's e. They have eliminated the area out onto Boynton Beach levard, so there will no longer be that ingress and e~s along Boynton Beach Boulevard. Obviously, the land- ping will be far superior to what is there. response to a question from Chairman Trauger, Mr. Eubanks wed an update that the Members had in their packets, ch showed what would happen if they acquire half of the ey. He commented that right now, it seemed like a listic projection, and he said it certainly was not ossible. That would allow them an eight foot buffer, two foot buffer, and the wall which is between the mercial use and the Residential use. Eubanks recalled there was some concern about the width the alley, and he said he would go back to five and put ee more feet in ~rivewa~ width, which would get rid of a 91e of the technical objections and would certainly ~ove the landscaping and the five spaces in the rear. a if they could acquire the balance of the alley, Mr. ~nks could only get nine parking spaces back there, which d mean he still would have s~bstandard spaces. He rked that it may not be a quick thing to achieve. If have some feeling that if they can get nine parking es in one location and one space someplace else, and City will let that go, Mr. Eubanks told the Members the [icant would go to acquire the entire alley. :he technical requirements are going to be so strong that ~e will be no movement whatsoever, Mr. Eubanks said there not much point ~n even pursuing the acquisition of this. ~ could spend another two months. They were looking for ~ndication of where they actually stand. .rman Trauger said the Board had to judge and recommend !or approval or disapproval. If in Mr. Eubanks mind that .d work, Chairman Trauger said the applicant could come [ another day. At this point, Mr. Eubanks said that was they could come up with because they have to act. on - 11 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 wh~ It acc he If sa~ get ind whi is the beg 600 app ex~ Mr. nob The req wou cur sai If the~ was of be can Cat~ off~ Mr. if sai thi~ con~ Cha] the the plat Eubs t they have, and what they have is what they presented. was a distinct possibility another day though about uiring the alley. However, Mr. Eubanks was not ready to ress that. If they could not get relief from the Board, said it may be a possibility but even that possibility uires coming back and asking for variances. they were going to play the "what if" game, Mr. Eubanks d they had one other option, because Dr. Love needs to an office building. He showed the existing plan and icated a place that was laid out for physical therapy, ch is for future development. Mr. Eubanks said Dr. Love not really sure what will happen there. He pointed to existing offices and the area they brought in the inning of AUgust to talk about, which was an additional square feet of the existing building that would be ~oved. Approximately 12.00 square feet was being used =tly as it was, and an aldditional 120~0 square feet. Eubanks said Dr. Love was even willing to say for right , if the City was studying things, he would not use i~. ! could seal it up and do anything the City would ~ire, if he could use the existing 1800 square feet that Id require only nine parking spaces. There are ~ently twelve parking spaces on site, and Mr. Eubanks i this whole matter was over three parking spaces. ~hey could present alternatives, this was an alternative T were willing to present. Mr. Eubanks asked if ~here any way they could go forward with a less intensive use ~hzs. Chairman Trauger answered, "Not until that would ~pproved by the TRB." Mr. Eubanks responded that they ~ot meet all of the technical requirements, which is :h 22. Eubanks showed Mrs. Huckle the location of the existing ce space that is being used and what used to be storage. Ryder said they would have to come in with another plan hey wanted that considered as an alternate. Mr. ~ubanks · it was for conversation. If they were talking a~out gs that could happen with the alley, he was bringing in 'ersation of things that could happen with the building. rman Trauger admitted that the Planning Director brought alley to Mr. Eubanks attention, but he reiterated that Board could not act upon anything that was not in the or that had not been approved by the committees Mr. nks repeated that this was the best they could d~ with - 12 MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA the to NOVEMBER 10, 1987 ~4rs Mr of ci~ is co] Vic tor req ord or noo As aga PUB he he Dep be thi Cha Mr s thi the BOU~ for oth~ eve] ediJ Dep~ call an ( wit[ Mrs. rest cont use. building at this time, and they were asking the Board take a look at the situation. · Huckle asked if Dr. Love had purchased the property. Eubanks answered affirmatively and assumed the other side the coin was if it was going to be used even for commer- 1 office space, it would basically end up staying as it in that it is grandfathered that way. Mr. Annunziato firmed that could happen, but he referred to competition. Chairman Wandelt asked what would happen if Dr. Love down the 1200 square feet. Mr. Annunziato listened to Eubanks about not using that 1200 square feet and said could not respond to that because he did not know what airements the Building Department would need to impose in ~r to feel comfortable in issuing occupational licenses if they could even do it. The Board would definitely some advice from the Building Department. one else in the audience wished to speak for or [nst the proposal, Chairman Trauger declared that THE 5IC HEARING WAS CLOSED. Ryder referred to City Manager Cheney's memo saying why :hought this should not be considered at this time, and ~aid they had the consensus of the TRB and City Planning ~rtment. He agreed with Chairman Trauger that it would ;oo bad if the building stayed as it is, but he did not lk going for something like this was the answer. Vice .rman Wandelt agreed. Huckle also agreed with Mr. Ryder and remarked that was so fraught with needs for variances, it was not in best interest of the development for Boynton Beach evard. It also could establish all kinds of precedents other older buildings that are probably looking for ~r uses. Mrs. Huckle thought it would be contrar~ to 'ything the Board is trying to accomplish and that it d be a disservice to Dr. Love to let him complet~ the ice and be boxed in with the intensity of the Fire .rtment and the liability of patients' injuries. She ed attention to the fact that they were talking about ~rthopedic Surgeon who would be dealing with patients wheel chairs and all kinds of ambulatory problems. In Huckle's view, the intensity of the use would outlaw any onable person's recommendation to approve it. She inued that she never saw a physician's office shrink in They always seem to expand. Mrs. Huckle expounded. - 13 - MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA NOVEMBER 10, 1987 In making a recommendation to the City Commission, Mr. Anqunziato preferred that the Board address each item inlividually. Mo~ion re Moratorium Variance Mr. fac Nov cop Mr. Ryder moved that the request for moratorium variance be DEN~ED. Mrs. Huckle seconded the motion. Mr.LAnnunziato thought it would be helpful to the Co~mission if ~he Board would zero in on the basis for the Board~s recommendation of denial, and he wondered if they wa~ted to use/City Manager Cheney's memo as their reasons for denial. Ryder and Mrs. Huckle agreed to this. Pla~ heal Wal~ PER~ Ryder amended his motion to say that based upon the ~s stated in the memo from the City Manager dated ~mber 5, 1987, attached as "Addendum D" to the original of these minutes, and the recommendations from the City Planning Department and the TRB, he moved that the request for/~o~a~orium variance be DEN~ED. Mrs. ~uckle seconded the ame~eo motion. Mrs~ ~uckle wondered if they should note it is a premature pla~, as she thought that was the substantiation for the ~t~o~..~r. Ryder thought City Manager Cheney mentioned 5na~ in hiS memo. Several Board Members a~reed that everything was included in City Manager Ch~ney's memo. The~e was discussion. Mr./Walshak asked why the P&Z Board had to include a letter fro]~ City Manager Cheney when they were to determine whether the variance should approved or denied on the basis of ~ning and Zoning Ordinances. As part of the motion, he 'd City Manager Cheney's letter explained it all. Mr. hak said the motion should be no deny the variance Mr s Ann~ mat~ lot bee~ Ann~ Huckle recalled that, for the Commission's benefit, Mr. .nziato suggested that they support the motion with some on. One of the reasons was because they felt the infer- on contained in City Manager Cheney's memo addressed a of the problems. Mr. Ryder commented that the Board has doing this all along. Mrs. Huckle thought Mr. nziato should respond. Annunzimto said that not all of the City Commissioner at tonight's meeting, and the~ would not benefit from - 14 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 th~s discussion. Having a relationship of the Board's action to~a recommendation from the City Manager who, by Ordinance, is~obligated for the variances to report to the P&Z Board wi~h a recommendation, allows those Commissioners who were no~ present to have the benefit of the Board's thinking. If|some of the concerns raised by Board Members were encompassed in City Manager Cheney's memo, then by reacting to his memo, Mr. Annunziato said they were also suggesting to Af~ Sec mot aga was Mot Mr Mrl req app Mr. of if Tra A v Dis Mr. Sec Reg Tra Spa Cha the are tho~ the the City Commissioners the reasons for their actions. med a basis for action. It er discussion, Chairman Trauger asked the Recording retary to read the motion. A vote was taken on the ion, and the motion carried 6-1. Mr. Walshak voted inst the motion. The request for a moratorium variance DENIED. ion re Site Plan Ryder moved, seconded by Vice Chairman Wandelt, that the plan be DENIED. Walshak asked if this was one of those variances that uired an unanimous vote one way or the other to either ~ove or defeat the motion. Both Chairman Trauger and Ryder answered, "No," as to the site plan. Irregardless ~hether the vote was unanImous or not, Mr. Walshak asked ~his would still go to the City Commission. Chairman ager answered affirmatively. )te was taken on the motion, and the motion carried 7-0. ~ussion re Motion re Parking Lot Variances Annunziato confirmed Chairman Trauger's statement that ~ion 5-142(h) (2) "Driveway Radius" of the Parking Lot ~lations should not be contained in the motion. Chairman ~ger asked whether the Sections relating to "Back-up ~e" and "Maneuvering" would still apply. Mr. Annunziato ;ered, "Yes." .rman Trauger informed Mrs. Huckle that they would take variances altogether. Mrs. Huckle asked, "What if you in favor of one and not another?" Mr. Annunziato [ght Mrs. Huckle raised a good question, and he suspected potential did exist. - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Discussion re Section 5-142(f) "Drainage" of'the Parking Lot Regulations In dr~ as tha loc re¢ ThE to fai v~ so~ caf ha~ of on for abl the Dis Mr. ask dec pla tha ano whe but tho is thi cla pta~ to · the Wi ti go 1 ins~ be view of the q~estion that the Architect raised about inage, Mrs. Huckle wished a comment from Mr. Annunziato to the TRB's recommendation. Mr. Annunziato answered t there was discussion about this because it was advised g before the TRB reacted to this variance with ths uest that the applicant provide calculations to offer the some understanding as to how the condition was being roved. He said when you look at Mr. Eubanks site plan, t was a substantial amount of pavement is now going to be ubstantial amount of green space. Planning Department's experience with the TRB in reacting these kinds of var~iances has been that the TRB has been rly generous in the granting of these kinds of drainage iances, where the applicant has made an attempt to capture e storm water on site, and it could not be easily tured. Mr. Annunziato referred to the way applicants s reacted to this in the past. For example, he said 100% the storm water is runnin~ off of the site now, and based the City's calculations, they are capturin~ 30%. There- =, there is a net improvement of 30%. The TRB wa~ not to react in a quantifiable way to this request because applicant would not provide the information. ~ussion re Parking Lot Variances Ryder thought the Board had to be consistent, and he ~d why they should break the variances down. They just [ded to deny the site plan. Since they denied the site %, this did not mean anything. Mrs. Huckle pointed ou~ ~ it was always possible that they could come back with ~her site plan and they should have some indication as to ~her the dralnage would be acceptable. Mr. Ryder agreed, did not see why they had to go into detail. Mrs. ~uckle lght it would be helpful to the applicant to think there ~ome hope at the end of the tunnel, and he can do some- ]g or offer another purchaser an opportunity. Walshak agreed with Mrs. ~uckle but, for a point of ~ification, he said the moratorium variance and t~e site ~ variance, even though they were defeated here, would go ~he City Cormmission. On the parking lot variances, if vote is unanimous by this Board, the parking lot ances are dead. They will not go to the City Commission. only one vote in opposition, Mrs. Huckle stated it would .o the City Commission. What she was saying was ~hat any ght the Board might give as to what they thought would .cceptable under the four items could be useful. How- 16 MINUTES BO~NTON - PLANNING & ZONING BOARD BEACH, FLORIDA NOVEMBER 10, 1987 ev~ Bo~ Mr he th~ var Com the and ar~ Th Mr: of Mot Mrs Sec 5-1 roe mot aga~ r, Mrs. Huckle was agreeable to going along with what the rd Wanted to do. Walshak commented that this was one of those situations was talking about at the workshop meeting. He explained t even though the P&Z Board voted against the moratorium iance and the site plan, this applicant would still have final shot" at his elected officials (the City Commis- ~). The parking lot variances are a parcel of the whole kage, and if the P&Z Board kills them here, there will be ense in this particular applicant going to the City ission with the moratorium variance and site pla~. If P&Z Board kills the parking lot here, for all intents purposes, Mr. Walshak emphasized that this particular ect will be killed. This was one of the pitfalls he /ed against in the workshop meeting. fe was discussion and repetition of prior statements. · Huckle agreed with the consensus of the other Members ~he Board to take all of the variances together. Lon re Parkin9 Lot Variances . Huckle moved to DENY the request for relief from Lions 5-142(f) "Drainage", 5-142(h) (3) "Driveways", ~2(h) (4) "Back-up Space", and 5-142(i) (2) "Maneuvering" ~he Parking Lot Regulations in accordance with the )mmendations of the TRB. Mr. Blanchette seconded the .on, and the motion carried 6-1. Mr. Walshak voted .nst the motion. The parking lot variances were DENIED. '. UBDIVI S IONS ~RELIMINARY PLAT · Project Name: Agent: Owner: Location: Description: Meadows 300 Tract E "Meadow ParR" Jeff H. Iravani, Project Engineer The Wilshire Corporation West side of North Congress Avenue, south of Hypoluxo Road Request for the approval of the construction plans and preliminary plat ~hich provides for the construction of infrastructure improvements to s~rve 101 single family units in connection with a previously approved Planned Unit Development - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Mr. ret Grc re¢ Af~ Gr¢ ths St~ fit her Mr ths red las Uti The att as Mr Gol Mr 100 Con Mr. E The dat Eng tha the Ins way thel tho der pro' Golden said the project is south of the Club Meadows tal apartments. To the west is the future Lawrence yes PUD, which is still in Palm Beach County, but it has ently received approval by the Department of Community airs (DCA). There was~discussion regarding Lawrence yes PUD and Citrus Glen. Mr. Golden apprised the Members the new Growth Management Legislation requires that the te review all residential Land Use Amendments with over acres in area for consistency with the State's Compre- sive Plan. Golden said master plan modifications for this tract, Ch were approved by the P&Z Board in June, 1987, changed unit type from mnlti-family to single family, and it uced the number of units from 126 to 101. Tract E is the in The Meadows to be approved for development. :oject is essentially a single family subdivision. The will be public. There will be two points of access Boulevard, which will align to two streets in on the east side of Meadows Boulevard. Water and will connect onto the existing system at Meadows TRB recommended approval, subject to staff comments ached to the origi:nal copy of these minutes as Addendum Rddendums E-1 through E-6 inclusive. Ryder asked if this was one of the interior tracts. Mr. ~en answered that it is interior and west/central. Ed Schwab, representing the Wilshire Corporation, Southern Boulevard, West Palm Beach, said Jeff Iravani, ~ulting Engineer, could not be present this evening. Schwab wanted to cover four items in the staff comments. %gineerinq Department's Comments first regarded the plat and was item #4 in the memo ~d October 30, 1987 from Bill Flushing to Tom Clark, City [neer (Addendum E-7). Mr. Schwab informed the Me~bers : the 60 foot right-of-way has already been dedicated to City of Boynton Beach, and it is the City's property. ~ead of taking the opportunity now to rename that road- knowing there is a future development to the west of ~, he thought it would be more proper, as it would be a :oughfare to Lawrence Road, that it be renamed by that ~loper. Mr. Annunziato thought that made sense, as that )erty, which Mr. Golden had mentioned, will be annexed by - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 mid val con exp rem the tha TRB B Mr · the whi ite fut had con fur aga sai it thi fir the wit The rev sai foo the to wes the det wha 12 mat mat the The wha -December if the Commission goes forward with the appro- of the Ordinances. Part of that requirement will be to ~inue those 60 foot roads westward. Mr. Annunziato Lained and said he felt it was logical for this item to ~in in connection with the subdivision to be annexed so ~e will be some continuity if somebody is looking for 5 development. He did not think it would matter to the [ilding Department's Comments Schwab next called attention to the memo addressed to Planning Director from Don Jaeger, Building Department, was dated November 3, 1987 (Addendum E-2), and read ~1. He pointed on the overlay to the location of the re road construction and said on their proposals, they submitted a buffer from a point he indicated on the Flay eastward. The staff comment was that they were to 5inue this to the westward section, which was the ~herest point west of their tract. In reviewing the plans Ln this afternoon with their Civil Engineer, Mr. Schwab ~ they noted on their submittal that they had indicated ~o be a 25 foot buffer. He informed Mr. Ryder that at time, he was covering the required landscape buffer. Schwab told Mr. Ryder the limited access easement was a ~ foot dimension, which was an oversight and was not on plat. It will be placed there, and they have no problems that item. )roblem they had was with the landscape buffer. In iewing their plans from the Meadows 300 PUD, Mr. Schwab they had noted that a buffer area can be within a 12 dimension. They had indicated 25 feet on the plat, and wanted to change that to a dimension of 12 feet and hen accommodate the P&Z Board by extending it to the t. The reason for the change in dimension size was that lots are 114.88 feet in depth, and 25 feet would be rimental to the construction of any swimming pools or fever for the single family homes. Mr. Schwab proposed a Eoot buffer area to extend the entire length of that th property line. Annunziato did not see any problem and thought it was a ter for the Board to decide. He did not think it was a ter of importance to the TRB, providing there is a buffer re. The 12 foot buffer would meet the Code requirements. reason the 25 feet was mentioned was because that was appeared on the lots as proposed. - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Mr. per ext poi tri Par was own .~t and of Mr. cat ef the as 2O on 12 Ia~ buf mas~ pre men thi tha the pla lan nee Ja~ thi sug pla Mrs ass if far "No Schwab referred to item %2 of Mr. Jaeger's memo, which ~ained to Parcel A, and said the fee simple lines had mnded through an 80 foot easement to the northern boundary at. That has been deleted. Mr. Schwab pointed to a angular piece on the overlay and said it would be called =el A. He apprised the Board that the intent of that now that it would be a maintenance problem for the home- mrs. It is landlocked because of the canal easement, and ~ould be more practical to make it Parcel A and dedicate ~o the master Homeowners Association of Meadows 300 ~use Florida Power & Light Company (FP&L), Southern Bell, th? cable will probably be using that for transmission their electric a~d telephone lines. Schwab stated that they propose that Parcel A be dedi- md to the master Homeowners Association except on item %2 ~r. Jaeger's memo, it says Parcel A shall conform with City LandScape Code. He had a problem with that insofar ?P&L does not require any planting of trees that exceed feet in height. Since it is only seven feet in dimension Dne end and 29 at the other, Mr. Schwab said a minimum of feet is needed for maintenance. It is not practical to ~scape that as far as the same method and means of the ~er, so he said they propose to maintain that under the ~er Homeowners Association for lawn maintenance. At the ~ent time, it is sodde~, so the lawn maintenance will be perpetual basis. Annunziato stated that could very well meet that require- ~. All common areas have to be irrigated. He did not ak there was a suggestion in Mr. Jaeger's staff comment ~ the applicant was to do anything but submit a pla~ to Community Appearance Board in connection with these ~s and arrive at a conclusion as to how it would be ~scaped. It was advice to Mr. Schwab that landscape was ~ed in the common areas, Parcel A being the common area. Schwab responded that in a prior conversation with Mr. 'er, Mr. Jaeger suggested that he (Mr. Schwab) bring up point. Mr. Annunziato did not think there was any ~estion other than that the applicant had to submit his ~s to the CAB to get the landscaping approved. . Huckle asked about the dedication. Mr. Annunziato ~red her there was no problem there. Mrs. Huckle asked it would constitute a modification to the master plan, as as the P&Z Board was concerned. Mr. Annunziato answered, 20 - MINUTES - PLANNING & ZONING BOARD BOY,TON BEACH, FLORIDA NOVEMBER 10, 1987 Mr. Schwab brought up the fact that Parcel A, in its entirety, will be a utility easement, which will not allow an, construction whatsoever, and it will be restricted by th] se covenants. Col sai the be ave co~ lot Sck the sin Cha Mr. all the by ap~ Mot Mr to to Mrs exc Mr. the to Jae Jae be Mr. mot the ite Jae pla car cerning item ~6 in Mr. Jaeger's memorandum, Mr. Schwab they had submitted a site plan in June, 1987. On that, y gave typical house footprints of where the houses would located on the lots, and it showed minimum sizes and rage lot sizes. They had proposed 50% lot coverage. The ment made by Mr. Jaeger suggested that it should be 40% Coverage, or at sometimes the City has allowed 45%. Mr. wa~ wanted to clarify that and wanted to offer 45% because s item allowed them two choices. He wanted to state on ir plan that 45% lot coverage would be used on their le family lots. rman Trauger asked if that would pose any problem. Mr. er answered, "Not unless it is omitted from the plan." Schwab stated that Wilshire Corporation would abide by of the staff comments that were submitted to them. If recommendations submitted by him this evening were okayed the Board, the applicant wanted to go for final plat rovalo .on Blanchette moved to approve the preliminary plat, subject staff comments, and with the figure of 45% lot coverage be stated on the plan. Mr. Ryder seconded the motion. · Huckle questioned whether they should enumerate the eptions to the memos of Mr. Flushing and Mr. Jaeger. Blanchette felt they were all incorporated, and' that was TRB. Mrs. Huckle argued that the Board was being asked omit Mr. Flushing's item 4 and items 1, 2 and 6 from Mr. ~er's comments. Mr. Annunziato believed item 2 of Mr. Fer's comments became a non-issue. He agreed they should referenced in the motion. Blanchette and Mr. Ryder agreed to the amendments to the ion. Chairman Trauger repeated the motion was to approve request, subject to staff comments with the omission of 4 of Mr. Flushing's memo and items 1 and 6 of Mr. er's memo, and that 45% of lot coverage be stated on the A vote was taken on the motion, and the motion ~ied 7-0. - 21 MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA NOVEMBER 10, 1987 MASlTER PLAN MODIFICATIONS i2. Project Name: Agent: Owner: Location: Description: Boynton Lakes Plat 3A Donald E. Elliott, Construction Coordinator The Lennar Corporation East side of North Congress Avenue, south of Hypoluxo Road Request for approval of an amended master plan to allow for a reduction in the rear setback from 10 feet to 5 feet to permit the addition of screened porches Mr. Golden said this request followed the similar request for Plat 2. He reminded the Members of the procedures they wen~ through for Plat 2 and said that approval was referenced in ~he applicant's letter dated September 25, 1987. Mr. Golden said the request went before the City Commission, which made a determination of no substantial change to the mas~er plan. It was forwarded to the P&Z Board for final revLew. The TRB recommended approval, subject to staff comments. They also r~commended to the Commission that they did not feel there was a substantial change. The~e was discussion about Mr. Ryder's question as to how muc~ room there is in the common area and whether the neigh- bor~ would be getting too close to each other. Mr. Ryder fel$ they would be getting similar requests from Dos Lagos and/all along Congress! Avenue. ! Mrs~ Huckle referred to the last paragraph in the'letter froll Donald Elliott, Construction Coordinator, Lennar Homes, 151117 Carter Road, Suite 212, Delray Beach, Florida 33446, (Ad~[endum F-l), in which he reminded Mr. Golden that the Cit~ Commission approved hard roofs for the homeowners in Pt~t 2 with a 3½ foot set back. Mr. Golden could not acc~ unt for the 1½ foot distance between Plat 2 and Plat 3 but said the way the homes are situated on the lots, it may be different situation. Mrs let ins~ tho~ what Huckle noticed that, according to Mr. Elliott's ~r, this request was for aluminum roofs, either lated or non-insulated on the screen enclosure. She ght when they make the motion, they should determine they were exempting. Mr. volunteered ~o represent the people in 3A and any Elliott came forward and told the Board Members that he other - 22- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 pe¢ on out Mr. lak Mrw was ths wha har Mr s me~ 198 P&Z tha thi Kop Kop sho Ann tha ple living there now in getting the hard roofs approved the existing screen enclosures. Screened enclosures with- hard roofs were approved when they first went to plat. Elliott indicated the location of the common area and on the overlay. Elliott confirmed M_rs. Huckle's statement that the agenda incorrect be~se the screened enclosures are already re. Mrs. Muck~ commented that the Members wanted to know they were talking about, and they were talking about roofs. Mr. Elliott affirmed that was correct. Muckle drew attention to the first comment in the from Don Jaeger, Building Department, dated October 7, , and wondered if it had any significance as far as the Board was concerned. Mr. Elliott informed the Members he met with Med Kopczynski, Deputy Building Official, afternoon with regard to the first comment, and Mr. zynski did not have any pre~blem with it. If Mr. zynski wished to comment, Mk. Annunziato advised that it lld ~have been in writing. Thee way the cemment read, Mr. · nzi~ato said Mr. Jaeger was Suggesting to the P&Z Board approval not b~ fin~aliked until the time of Plats 3-A and 3-B. ~See ~ddendum F-2. ) That was Mr. Elliott was trying to s~e Mr. Annunzlato about this fro~ sam Mr. fr~ ~el a~t pla' of of Jae¢ subi Annunziato told Mr. Elliott he (Annunziato) could not for the Building Department. Mr. Elliott said they got the minutes from the TRB meeting yesterday after- which did not g~ve him much time to act on them. Mr. aziato disagreed, saying Mr. Elliott had the comments Mr. Jaeger since October (a month) because it was the memo that went to the City Commission. The first time ~lliott saw it was yesterday afternoon. Me had a letter ~ Joe Tucker, Tucker & Associates, which he tried to .ver to Mr. Annunziato this afternoon, but he was told to Mr. Kopczynski. The letter said that they are taking .on on item 1 of Mr. Jaeger's memo. Elliott adamantly said Plat 3-B went through preliminary approval and site plan modification at the last meeting ~he P&Z Board on OctOber 13th. They are in the process Ioing through the "whole nine yards" to get it done. Annunziato was not arguing but was saying that Mr. ier of the Building Department had a very specific and tantive recommendation to the P&Z Board. If his - 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 ~u~erior desired to modify Mr. Jaeger's substantive recommen- a~ion, he should put it in writing. Mr. Elliott retorted that he would get it in writing, but he only had one day to do,it, ge exclaimed that was the first time he had seen a cozy of the TRB minutes. Mrs Huckle asked if Mr. Elliott had a problem with the re, uirement in item 2 of Mr. Jaeger's memo. Mr. Elliott an:wered, "No," and he added that it is a matter of record in the Building Department. Mrs. Huckle felt this item wo~ld have to be resolved before the Board could approve the recuest. Chairman Trauger did not believe the Board could approve the recuest without item 1 of Mr. Jaeger's memo being taken care of~ With regard to the comment from Kevin Hallahan, Forester/Horticulturist, Mr. Elliott said he gave Mr. Kopczynski a letter covering that yesterday. There seemed to be some differences of opinion between the Building Department's staff, so Mr. Annunzlato suggested that this matter be TABLED and that Mr. Elliott confer with the Building Department again to determine which would be their position. The Building Department should then advise the P&Z Board in writing. Mrs. Huckle moved that this matter be TABLED until item 1 of Don Jaeger's memo of October 7 (Addendum F-2) is resolved in the Building Department. The motion was seconded by Vice Chairman Wandelt and carried 7-0. THE BOARD TOOK A BREAK AT 9:10 P. M. The meeting resumed at 9:2 P.M. Project Name: Meadows 300 Tract L "Heatherlake" Agent: Russel Kiviniemi, Simmons and White, Inc. Owner: Ryan Homes Location: West side of North Congress Avenue, south of Hypoluxo Road Description: Request for approval of an amended master plan to allow for a reduction in the rear setbacks to permit the addition of swimming pools and screened enclosures Whe] the preliminary plat was approved for this project a hum]er of months ago, Mr. Golden reminded the Members that 24 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 th~ applicant was requested to submit the building setbacks, and they were approved as a part of that plat document. He guessed that the applicant determined there was not suffi- cient room to allo~ for these types of additions, and they were requesting a modification to allow for an addition to th6ir buildable area. Mr. Golden pointed out that the addition would not allow for any type of structure such as a orch. It would only allow for a swimming pool for the screened enclosure or for a screened enclosure. Wit regard to the separation from that enclosure to the res property line, Mr. Golden said the closest it would co~ would be eight feet. In one instance it would be 12 fe~ ~. Mr. Golden referred to the memo from the Planning Director to City Manager Cheney dated October 12, 1987 (Addendum G-l) and said the TRB recommended approval, sub- jec to the staff comments (Addendum G-1 through G-3). Mr~ Ryder asked how close they would get to the neighbors in the rear. Mr. Golden replied that there would b~ situa- ti(ns where they would have screened enclosures on the in~ ~rior lots with a 16 foot separation. The building separations would be greater. Mr. Ryder commented that they set up rear setbacks and then suddenly find they do not have then. Golden clarified that the applicant was essentially just lesting the option of screened enclosures. Mr. Ryder ~rrupted to state that they were encroaching on building ~acks. Mr. Golden continued that the applicant was also lesting pools consistent with the provisions in the City's lng regulations for a straight subdivision, which would ) allow for the eight foot ~eparation from the rear )erty line to the enclosure of the pool. He confirmed Blanchette's statement that it would be for any sub- .sion other than a PUD. There was discussion. Mr. ~en stated that a PUD is a flexible tool. . Huckle read item 1 from the Don Jaeger's memo dated )ber 7, 1987 (Addendum G-3) and asked Mr. Golden if he any comments before they heard from the applicant. If ~ncroaches an easement, Mr. Golden said they will not be ~ed a p~rmit. Mrs. ~uckle questioned whether this would linate some of the applicant's plans. In certain situa- ~s, Mr. Golden stated that there may be a problem where 'e is not sufficient room to allow for the additions, in ~h case a permit would not be issued for the additions. Huckle asked if Mr. Golden had gone over with the appli- req int set req zon als pro Mr. div Gol, Mrs Oct~ had it~ iss~ eli] tio] thei whi, Mrs - 25- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 cai th~ Ru~ Pls Wes ca~ Mr. rea Mca bac the typ Jae pla the poo Mr. perl and set str tha adm On scr~ hay, to ~ tiuc] rew req~ Cha: for~ iss~ staJ inc~ lone sta~ witl all Mr. enc] hard wOuI which ones would be eliminated. Mr. Golden answered he had not. sell Kiviniemi, P.E., Simmons & White, Inc., Engineers, nners~ Consultants, 4623 Forest Hill Boulevard, Suite 112, Palm Beach, Florida 33415, representing Ryan Homes, before the Board. Blanchette asked what the depth of the easement in the r was. Mr. Kiviniemi said it would be cgvered under the ~ows Boulevard lots, in reference to thezr typical set- plan. They have an existing 12 foot utility easement ~e, and they are not planning on building at all in any of easements. Mrs. Huckle read from item 1 of Mr. er's memo that "Sheet 3 of 4 of the paving and drainage s shows pcyrtions of these structures encroaching into easementr" and asked if Mr. Jaeger was talking about the structure. Blanchette thought what they were saying was if they nit the six foot setback to the rear of the property line if there Ks a twelve foot easement, it is not a six foot )ack any more. You cannot go into an easement with a lcture. Chairman Trauger thought the comment inferred : the applicant had already encroached. Mr. Kiviniemi .tted that it was an oversight on the applicant's part. :heir construction drawings, they had a portion of the ~en enclosures slabs encroaching the easement, but they ~ revised that, and they plan on submitting revised plans ~. Jaeger to take care of that comment. As of now, Mrs. :17 pointed out that the Board Members did not have any .slons before them, and they had to go according to the tirements of the TRB, including Mr. Jaeger. rman Trauger felt this would prevent the Board from going ,ard. Mr. Annunziato did not think it was a substantive [e and thought the request could be approved, subject to f comments. The applicant knows he has to revise an ,rrect drawing. Mrs. Huckle thought that was okay, as ' as Mr. Kiviniemi was in agreement. Mr. Kiviniemi ed they were totally in agreement and had no problems any of the staff comments. He said they would abide by of them. Kiviniemi wished to make a clarification concerning the en enclosures. They wanted to also have the screen osures approved with the possibility of them maybe having tops. Mrs. ~uckle and Chairman Trauger advised that have to go to the TRB. - 26 MINUTES - PLANNING & ZONING BOARD BO~NTON BEACH, FLORIDA NOVEMBER 10, 1987 are to inf evc Mr. Bui roc tha So set beg app Ann mit scr mor Mre com car 85, ori Cle Wit] Mr. the val now Mr. Pie~ · Huckle thought the TRB should ask the developers that coming ~n for screen enclosures whether they would like consider hard roofs at the same time. Mr. Annunziato ormed her that they do, and explained that these things lve. Maybe it was a misclarification on their part, but Kiviniemi thought once screen enclosures went to the lding Department and they submitted plans for the hard fs or not the hard roofs, they would be taken care of at time. He guessed it was an oversight on his part. long as the hard roof structure remains in the proper Dack, Mr. Annunziato said it is permittable. When they in to encroach setbacks, there are problems. If the Licant had not previously restricted himself, Mr. lnziato told Mrs. Buckle the City would have issued per- ~ to within eight feet of the rear property line for a ~ened enclosure. The applicant made his request to be ~ restrictive.initially. Ryder moved to approve the request, subject to staff bents. Mrs. Buckle seconded the motion, and the motion ~ied 6-0. Mr Walshak abstained from voting. (See Form Memorandum o~ Voting Conflict, which is attached to the ~inal copy of these minutes in the Office of the City ~k as Addendum H.) ~ITE PLAN MODIFICATIONS i regard to items 1 and 2 under "SITE PLAN MODIFICATIONS,', Golden said, in the past, changes to elevations went to Community Appearance Board (CAB) for review and appro- The Commission changed that policy, and those changes have to go to the Commission for final approval. · Project Name: Agent: Owner: Location: Description: 0akwood Square Shopping Center Mickey Fiori, Tenant Coordinator Oakwood Square Associates, Ltd. North Congress Avenue at Old Boynton Road, southeast corner (350 North Congress Avenue) Request for approval of an amended site plan to allow for minor changes to building elevations and minor changes in parking lot layout and design Golden said the change requested was to accommodate a I Imports store in the southern portion of the shopping - 27 - MINUTES - PLANNING & ZONING BOARD BO~NTON BEACB, FLORIDA NOVEMBER 10, 1987 GO] fr¢ cul cae te~ ThE att had tha the Mic And wha tha in. g!a the Mrs and the Gol the flor Mr s sou it Mr. tho~ at · s 0m~ the~ Mrs co~ par] ter (immediately north of the Chevron Station). Mr. den said they propose to eliminate some of the store nt and increase the wall area, consistent with the rent architecture and color scheme of the shopping ter. They were also proposing the elimination of three plus parking spaces to add dumpsters to accommodate their ant mix. TRB recommended approval, subject to staff comments ached as Addendums I-1 and I-2. Golden said the original print for the elevation change been modified, and it will go before the CAB in a ewhat modified form. The Engineer made a determination ~hey do not have to take out as much store front as originally thought, so they cut back on their change. ey Fiori, Oakwood Square Associates, Ltd., 6350 North rews Avenue, Fort Lauderdale, Florida 33309, showed the tion of Pier I that faces Congress Avenue, and explained the original plan would require them to do and showed the modifications would eliminate them from going back 5e showed where they could put two steel columns, add s windows, and extend their mansards and said those were changes to the original submittal. · Buckle asked to see the location of the three dumpsters asked what the to~al number of dumpsters would be for shopping center. Mr. Fiori answered, "Eleven." Mr. ]en informed her that they are adding one by the changes Fiori was talking .about by Pier I, adjacent to the canal ~he southwest corner, one adjacent to the Winn-Dixie on south side, and ose in the vicinity of T. J. Max, at the ~h entrance to Old ~Boynton Road. Buckle asked if the circulation would be impaired at the ~hwest corner by Pier I Imports. Mr. Golden replied that .s not. It is set back, adjacent to a parking area. Mr. ii ensured her that the driveway will remain the same. Ryder told of some problems he had going there and ~ght, eventually, they will either need to have a light ~he main entrance in the center or will have to do ~thing with it because it is dangerous getting out of Buckle moved to approve the request, subject to staff ~ents. She then realized they had not looked at the ~ing lot layout. Mr. Golden advised that it concerned - 28 - MI~ BO% ths Hu. Mr~ was Ch~ st~ A Mr th jus Mea are has the lan The fro Add Bob 334 sin of a y. app plal chal !UTES - PLANNING & ZONING BOARD iNTON BEACH, FLORIDA NOVEMBER 10, 1987 elimination of three parking spaces. He informed Mrs. kle that he had referenced that. · Huckle stated she would go with her motion. The motion seconded by Vice Chairman Wandelt. irman Trauger asked Mr. Fiori if he would agree with the ff comments. Mr. Fiori replied that he will. ote was taken on the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Meadows 300 Tract K "Lakeshore" Private Recreation Area Land Design South Ryan Homes West side of North Congress Avenue, south of Hypoluxo Road Recreation within Parcel K of the Plat of Meadows 300, Plat Number 3, as recorded in Plat Book 48, Pages 196-200 of the Public Records of Palm Beach County, Florida, Section 7, Township 45 South, Range 43 East Request for approval of an amended site plan to allow for minor changes to building elevations and landscaping Golden said this would be located east of Heatherlake, previous master plan modification request. It would be c south, across Meadows Boulevards, from the Club ~ows Apartments. The proposed changes to the recreation · are slight changes to the bath house. The color scheme not changed. Mr. Golden believed the changes involved doors and windows. There were also changes to the ~scaping. TRB recommended approval, subject to the staff comments ~ Kevin Hallahan, Forester/Horticulturist, attached as ~ndum J. Bentz, Ryan Homes, 2405 Mercer, West Palm Beach, Florida )1, said the parcel serves approximately 60 residential ~le family units, and the recreation area ms for the use ~he facility. He showed the drawing they submitted almost ~ar ago and the elevations of the bath house that were ~oved last year. Mr. Bentz called attention to the new and said the Members may have difficulty finding the lgesl on the elevations. 29 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Th9 material of the bath house remained unchanged. There is a ~iberglass, shingled roof with stucco on the walls of the building. Mr. Bentz said there are two doors ("Men" and "Wcmen") on one side going into the bath house, and one on th~ other side for utilities. Wooden louvers for the windows will be in the bath house. Mr. Bentz apprised the Members that this went in for a building permit in July and is still in the building permit process. They were notified a couple of weeks ago that they had to come back through this process. Mr. Bentz agreed with Mr'l Hallahan's comments. Mr~RTder moved to ~pprove the request, subject to staff com~ehts. Mrs. Huc~le seconded the motion, and the motion carried 6-0. Mr. Walshak abstained from voting. (See Form 8B Memorandum of Voting Conflict attached to the original co~ of these minutes as Addendum K. 3. Project Name: Hunters Run Tract D-2 "Cambridge I" Agent: E.T. Thomas Construction, Inc. Owner: Barney Menditch Location: West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals Description: Request for the approval of an amended site plan to permit an addition to the master bedroom on the rear patio of the type VIII unit Golden said the TRB reviewed this and recommended ~oval, subject to staff comments attached as Addendum and L-2 to the original copy of these minutes. He said request applies to the type VIII unit only. Mr. Golden ~rred to a comment from Mr. Jaeger, Building Department, ~h concerned the letter of consent from the President of Board of Directors, and said it was amended, resubmihted, distributed prior to the meeting. The letter stated · the approval was for the type VIII unit only. Golden agreed with Mr. Ryder that they had a similar ~est a couple of months ago, and he added that it was for )ridge II. Dr. Jackier interjected that there are many ~tions like that in Hunters Run. He informed Mr. Ryder they go through the Homeowners Association and then application. It is a common practice; there is no :oachment, and Dr. Jackier did not see a problem. app L-1 the ref whi the and ths Mr. rec add tha mak, enl - 30 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 an~ iss Ja¢ tbs cbs the · Huckle thought there was a problem the last time. or Cassandra recalled it was to change their master plan, he ~xplainedt Mrs. Huckle thought Mayor Cassandra took ue with some items. Mayor Cassandra stated that he took ue with the request of the Homeowners Association· Dr. kier asked, "On what basis?" Mayor Cassandra replied t the Homeowners Association does not ha~e the right to nge a master plan,~ Mrs. Huckle ~advised that the City has right to require that they make application for a change in the master plan. Mayor Cassandra responded that was what theJCity did, and he told Dr. Jackier that then they foi~owed suit, but this is a new plan. Dr. LJackier asked in what way this was a new plan. Mr. Golaen answered that the applicant said they are separate tracts. Mayor Cassandra clarified that it is an addition to ~nother plot. Dr. Jackier explained that an atrium is there, and they have merely enclosed the atrium, so this is part of the unit itself. They have now put walls on it and a roof on top. Mr~ Huckle was trying to illicit from the Mayor what his objection was when the Board had a different one. She recDllected it was something about their not making applica- tio3 to the City for a master plan. Mayor Cassandra informed her that they amended the master plan. Mrs. Huckle asked if tha= was not required under these circumstances. Personally, May)r Cassandra said he would challenge zt, but the Board shi lld vote the way they want to. Up( ~ further questioning by Mrs. Huckle, Mayor Cassandra rec.~lled that the City Commission tabled it, and the appli- can~ had the plan corrected. Mr. Golden believed the issue was whether the proposed plan was to a site plan as opposed to ~ master plan change, and the conclusion was that it was not A memo was prepared describing the circumstances con. erning site plan, as opposed to master plan chamges, and outl.ined why, ~n that particular instances it ~as not a masi~er plan change. Mrs. Huckle asked what Mr. Golden was com:idering it as. Mr. Golden answered that it was a site pla] change. Chairman Trauger asked if they were all type VIII buildings or ,hether there are other types. Mr. Golden replied that the are primarily type VIII buildings, but some are type IV. Mrs. Huckle inquired why a change to add a master bed- ro~ was a different situation than a change to add a study. - 31 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACh, FLORIDA NOVEMBER 10, 1987 wh~ sec far pr~ tlr pr fa~ aPl a.p~ p~r a lo( Mr, No~ Bo~ wh~ th~ th~ "A~ mir IV) be~ Me~ be~ NO exi Dir fi] Mr. cha Mr. the The mod the own was Mr. coK be app mot Annunziato said the City has master plan amendments .re the P&Z Board and the City Commission are required to setbacks, and it occurs two ways: (1) If it is a single ~ily development, the City tries to do it at the time of Iiminary plat, and they ask the guy to create a building · elope. (2) If it is a development that requires site n approval such as this, the ~ssues are addressed at the ~e of site plan approval. The difference ~n what was viously on the agenda related to zero lot lines, single ~ily detached homes, which never went thro.~gh a site plan r~oval because there is no Code requirement for site plan ~oval for single family homes. Mr. Annunziato said this ject ~as approved as a site plan for the development of lot at ~unters Run. That was the site p!~n the Board was king at, and that was the difference. Annunziato called attention to the letter dated ember 5, 1987 from Leonard Curtis, President for the rd of Directors, ~unters Run Condominium Association, Inc., re he discussed the additional bedrooms, which were viously atriums, would be allowed. ~e emphasized that ~ only fit in the type VIII units, which is the only unit has the atrium which projects to the rear. (See dendum M" attached to the original copy of these utes.) There is another ty. pe of unit in the plot, (type , but Mr. Annunziato advised that ~ou cannot build this room and make it work on a type IV. 8e said if the bers would look at the pictures, they could see what was ng said. one was pressnt to represent the applicant. · Huckle read from Mr. Jaeger's letter that a discrepancy sts between the letter from the President of the Board of ectors of Cambridge at Hunters Run and the application ed with annunz~ nged so Golden Plannil applic~ ified t~ Associ~ er. As changed by the the request for site plan modification approval. ato responded that the application has to be that the proper names get in the proper places. said the application was changed consistent with ~g Department's first comment, which can be deleted. ~tion the Members had in their agenda packets was ~ make it apply to the entire tract, as stated by ~tion, as opposed to applying to a single property far as Mr. Jaeger's comment, he said the letter Association President and resubmitted. Ryder moved to approve the request, subject to staff ments~ and also with the understanding that a note will placed on the plans indicating that this modification lies to type VIII units only. Dr. Jackier seconded the ion, and the motion carried 7-0. 32 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 OT! iER 1. Request for use approval of a lawn care products warehouse/wholesale/distribution firm at the Boynton Commercenner Planned Industrial Development Mr. Golden said this is for an operation that serves lawn maintenance contractors. They would drive into the building~ purchase their products, have them loaded onto their vehicles and drive out and back to their job sites. He read his memo dated October 29, 1987, which was addressed to Mr. Annlunziato, and is attached to the original copy of these minutes as "Addendum N". Based on the current prohibition of fertilizer sales/distri- bution and the additional threat to the City's well field posDd by the chemical storage, sales, and distribution, on sit e, th~ Planning Department recommended that this request denied. be Ch~ go. Mic 777 sai the the car cor sca Mr. dis tur Fra Roc Flo the dep are irman Trauger questioned where such an operation could Mr. Golden answered that they could locate in M-1. lael Horvi~z, Schmier and Horvitz Fund I Limited, Glades Road, Suite 214, Boca Raton, Florida 33434, they are the owners of the Boynton Commercenter, and were requesting conditional approval of Lesco to join at the Boynton Commercenter to distribute to the lawn operators in Boynton Beach and the surrounding unin- orated areas. The products would be the same as land- 'ers use. Ryder asked how the products are received and how they )ose of them. Mr. Horvitz replied that Lesco manufmc- ~s as well as distributes the products they carry. ~k Kollath, Lesco, Inc., 20005 Lake Road, P. O. Box 16915, [y River, Ohio 44116, said their factory in Sebring, :ida, which services the entire Florida area, will deliver merchandise in prepackaged bags (40 or 50 pound bags ~nding on the product). They are preshrunk wrapped and delivered on pallets to the service centers. 25 of these :ers are in existence today starting in Miami Lakes, going - 33 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 up to Jacksonville, over to Orlando, and down from Tampa to Fort Myers and Cape Coral. They are as far west as Palm Springs, California and will be in Long Island, New York nex month. t.hr tio ans hou the saf got Mr. sal ato con for~ Mr. tan Walshak wondered how many products would be distributed Dugh the warehouse that are on the Environmental Protec- ~ Agency's (EPA) hazardous waste list. Mr. Kollath ~ered that every product they distribute from their ware- 3e is approved by the State of Florida and approved by United States Government. Mr. Walshak asked how their ~ty has been. Mr. Kollath replied, "Excellent." They no contamination and no spills. Kollath continued by saying they are strictly a whole- ~ operation. They sell to professional lawn care oper- as or landscapers. One product they carry is used to ~ain spi%ls. The biggest container they carry in a liquid ~ is a five gallon d~um. There is no mixing and no tanks. Kollath told Mr. walshak they sell a 200 and 100 gallon [, but they- are sold empty. In . worst case scenario, Mr. Blanchette asked how an acci- den could happen. For example, if the building caught on fir, , he wondered if the building was sprinklered. Mr. Kol.ath said it is sprinklered. If water hits the bags and con'~ainers, Mr. Blanchette questioned whether it would do dam~[ge to the containers so they will open up. Mr. Kollath ans~Tered that the containers are plastic. The bags are eit][er plastic or paper with a plastic liner. With the hum~.dity in Florida, they have to have the paper bags with a play,tic liner for the product itself. There is nothing of a c(~mbustible nature that they carry. It ~ most the pou~ ~as Mr. Annunziato's understanding that, generally, the · hazardous operation in these kinds of facilities are at trans-shipment points (where a guy is unloading a five ~d pail of herbicide in a parking lot, near a drainage str~cture). When they come into a community, Mr. Kollath sai~. they present to the Fire Department a complete list of manl.facturers safety data sheets which covers their entire lin~ of products and a complete list of the vendors that s~p~ly them with materials so if any child swallows or che~s on granules or if there is a spill, the F~re Depart- men~ will know exactly what to do. In addition, they pre~ent the Fire Department with a full carton of absorb p~l~ows. - 34 - MINUTES - PLANNING & ZONING BOARD BOYINTON BEACH, FLORIDA NOVEMBER 10, 1987 Dr. shc fou Und he the pum Her the vid wel dif Ann han Bla spi pal dis, spl Aft~ sai( get' coral (~ew Boa~ ela! the com~ ~er ~ imfJ salt fie] Mrs. tire to Jackier asked what the absorb pillows are, and he was wn a picture. Mr. Annunziato did not think anybody nd fault with the proposal, except for the location. er other circumstances and any other M-1 zoning district, thought they could have provided enough assurance through envlrorimental review permitting process to provide, for mple, an inverted dock bay covered over so if there was oill it would be trapped there, and they would have to ~ out the spill and treat it as hazardous waste. ~, if trans-shipment would occur, Mr. Annunziato said parking lots are pitched to drainage basins which pro- ~ a direct connection to the aquifer. There is also a [ field. Tgat is the problem with the site. Under [erent conditions and a different location, Mr. ]nziato said the project would be very acceptable. Walshak noted this particular center was not set up to ~le hazardous waste. In an accidental spill, Mr. ~chette asked if five gallons would be the most in a _1. Mr. Walshak answere~, "No. They come off on a .et. There would be sixty gallons." There was :ussion as to how far they could go before they would .to ~r their initial stocking of the center, Mr. Kollath [ then everything is on a reorder basis, so they are not ~ing that same quantity on a pallet. Mr. Annunziato lented that minor amounts of some chemicals and solvents ~n five gallons) can penetrate. He could not tell the 'd that any amount of some of those chemicals would be ~ptable in the drainage system. Mr. Annunziato .orated and he told the Board how the well field protec- Ordinance is beginning to regulate this. Koliath asked if it would do any good if they meet with Environmental Board. Mr. Annunziato said it would still right here. Mr. Blanchette asked if the well fields still in effect, as he thought salt water was already ltrating into that area. Mr. Annunziato replied that water is not infiltrating. He indicated the two well ds that will serve the City forever. Huckle observed that the use was specifically prohibi- , and there was nothing the Board could do at the moment bviate that. Mrs Huckle moved to DENY the request for the reason that the City Code specifically prohibits this type of use in a - 35 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 10, 1987 Pla sec Cha A The Mr. zon Mr o The str but wan bec fac One va~ the Hu~ alw ~ned Industrial Development. Vice Chairman Wandelt onded the motion. Mr. Horvitz wished to speak and irman Trauger informed him a motion was on the floor. 9te was taken on the motion, and the motion carried 7-0. request was DENIED. Horvitz said they were requesting a variance from the ing. Horvitz said they would like a variance from the zonzng. ~ have seen in Chapter 7 of the Zoning Code under the ict interpretation of the zoning that fertilizer distri- ion was in fact turned down. However, the reason they ted to bring Lesco to the attention of the Board was ~use they believe Lesco is providing certain mitigating ~ors that would be helpful when reviewing this situation. cannot contemplate ali of the circumstances that might ~e. Chairman Trauger replied that the Board understood but were prohibited under the City's regulations. Horvitz asked how he could go about requesting a lance. Chairman Trauger answered that he had to talk to Planning Department and make a proposal first. Mrs. ~le said it would not help Mr. Horvitz, but Lesco could ~ys consider another site in M-1 zoning. Horvitz informed Mr. Ryder that they are the new owners. They just acquired the center five months ago. Mr. Ryder al~gded to the plans of the prior owner. As of yet, Mr. Hor¥itz said they have no plans. ADJTURNI~NT/ Th~:e being no further business to come before the Board, the meeting properly adjourned at 10:15 P. M. Three Tapes) - 36 - Cler i.n Lot of't said ~est 89 feet of Lots 7, 8, 9 and 10, Block 3, original Town of Boynton n, Florida, accordin~ to the PIat thereof on file in the Office of the · of the Circuit Court in and for Palm Beach County, Florida, recorded ~at Book 1, Page 23, Less the Following Described Property: Th. at part of [0, Block 3, accordinq to the Plat thereof on file in the Office of the Cter~ %e Circuit Court in and for Palm Beach County, Florida, in section 28,. ~hip 45 South, Range 43 East, said part which is included in the external formed by a 20.00 foot radius arc which is ~angent to the West line of Lot 10 and tanqent to the North Line of said Lot 10. ~. ADDENDUM M E M O R A N D.U M October 26, 1987 TO: FROM: RE: Luther su3omitt~ consuru¢ Boynton renovatJ · Buildin(. busines~ Inciude~ justifi¢ s~atemeI the ini~ In addi~ submitt~ for varJ copy of lot varJ memoran¢ tn addi submit Landscs are out ETER L. CHENEY, CITY MANAGER ~u~" S. ANNUNZIATO, PLANNING DIRECTOR R. LOVE ~DICAL OFFICE BUILDING ORATORIUMYARIANCE/SITE PLAN REOUESTS Eubanks, Architect f6r Dr. D~ug!as J. Love, has d a request for a variance to the moratorium on new tion or substantial renovation of buildings on Beach Boulevard. The variance request is to allow for on and siteimprovements to the former Rid~eway Plumbing ~ to~al!ow for its conversion from a builder's Supply /offics to a medical office (orthopedic) facility. in~.the letter of submission from the architect.is the ation for the varianc~ request. The justification t isa requirement of Ordinance 87-10, which implemented ial moratorium on Boynto~ Beach Boulevard. ion to the moratorium variance, the applicant has also d an application for site plan approval and applications anees to five sections of the Parking Lot Regulations. A the site plan application is attached, while the parking ances requested are outlined in an accompanying ion to the above requests, the applicant intends to ~ultipie requests for administrative appeals to the ~e Code at the appropriate time. These future requests i~ed in t~e' attached correspondence from the architect. On Tuescay, Octobe~ 22, 1987, the Technical Review Board (TRB) met ~o ~e~ew the plansand documents submitted and to formulate a recom~e~aation with regard to the site plan and moratorium variance. ~..~e r~commendation of the TRB for these requests'are~ as follows: · A. SI~ PL~ ' ' Th~ Bo~ mu2 we~' to apl oul de recommendation from the TRB to the Planning and Zoning .rd is that the site plan be denied, owing to the .tip!e variances required to make this project work, as 1 as additional variances not requested which appear be necessary uo make this projecu consistent with all ,!ioab!e codes and ordinances. These issues are lined in the attached staff comments from the following ~ar~ents: ADDENDUM B-1 Building Engineering Police Planninq Forester/Horticulturist MORATORIUM VARIANCE Wi The var2 for rea( whe~ inc~ of Boo CSA:ro cc Lutl Cent to this request, Ordinance 87-10 requires that formulate a recommendation, and recommendation of the TRB be forwarded to the City report and recommendation ~d (Planning and Zoning Board). recommendation of the TRB is that the request for a ance to the moratorzums premature, as the future plan the BoyntonBeach Boulevard corridor has not yet :hed a stage at which a determination can be made as te ~her 'or not the proposed re_quest is consistent or ~nsistent. With regard ta the proposed use, however, ;as the consensus of the TRB that based on the ~ution of the plan to this date, the establishment ~ doctor'S office at this particular location on. the ............ [evard would appear to be consistent with the proposed use for this property. dAP~EN S. ANNUNZIAT~ er Eubanks rai File Carmen Annu~ziato Planning Director MEMORANDUM October Preliminary Review.; ,n Jaeger Douglas J. LoqP~J~. B~uitding Department ' Office Building he. followir .g comments were generated from the preliminary T.R.B. ~vlew on T~esday, October 6, 1987: i. A sidewa 2. App ea! s ~ Communi~ enu~zerat 3. ~n en paz 30 degr~ interpo] A buffe~ and res~ bui!din~ of two ~ purposea '5'. Plans m~ their re and any ~6- Detail% A six i~ : bh E. E. ] lk ms mequlre~ on N. . Ist Street. from the Landscape Code must be granted by the ~ ~pDearance Board. The necessary appeals are d ~ the City Forester, in an accompanying memo. king stalls are installed at an ~ngle gremter than es and less than 45 degrees, the aisle width must be ated betWeen 12 feet and 14.4 feet. '~at~ is required to be construcned between commercial . dential properties when major changes occur to a or'~site. This wall must be constructed a minimum eet off the property line for maintenance and landscape st be submitted to the Community Appearance Board for view. These plans should include the proposed awnings anticipated szgnage. must be submitted on the proposed site lighting. ch raised curb is shown in the City right-of-way. D6n Ja )we ! I ADDENDUM B-2 MEMORANDUM October 26, 1987 Mr. Ji~ Golden Senior'City Planner Tom Clark City Engineer Love Project, Variances TO~: FBgM: A recent survey to include topo should be included. Elevations of adjacent property and roadway is required. A standard D.O.T. type of flared turnout should be planned to meet the Ordinance requirements, ie., the City Engineer may except alternates to the 25 ft. radii requirements. Drainage, existing pl~ans should be shown with improvements to better accommodate~ the drainage. TA~/ck ADDENDUM B-3 Planning Dept. Attn: J. Golden MEMORANDUM October 7, 1987 Lt. DJ Thrasher '~'~'~ Dr. Douglas-Love Medical Bldg. Police Dept. ...... As pee the DT:as TRB meeting 6 Oct. 14987, th~"f~llowing Cs recommended: 1. "One way" sign on entrance into parking area. 2. Sto9 sign and painted stop bar bn exit. 3. Exterior lighting to be pole~ mounted photo activated. 4. ~}e variance on backing onto right-away and N.E. 1 St. from the west parking area be denied. Lt. D. Thrasher Police Dept. ADDENDUM B-4 MEMORANDUM October 26, 1987 TO: -CHAIRPLAN AND MES~BERS PLANNING AND ZONING BOARD FROM: CARMEN S. ANNUNZtATO, PLANNING DIRECTOR RE: DR. LOVE MEDICAL OFFICE BUiLDI~IG-SITE PLAN In connection with the above-referenced request, please be advise~ of the following staff conzments: !. It appears thgt the applicant may need to s~bmit . additional variances for the following requirements. a) Parking lot construction (Section 5-142.9). The architect has stated that the existing pavement is not to be re~laced, and it is not known if the existing parking lot construction meets current code requirements without taking a core sampling. b) The access aisle width for the row of angled parking spaces on the north side of the building (Section 5-142.i.1). These parking stalls are set at a 37.5 degree angle to the access aisle. The design standards within the Parking Lot Requlations recognize only thirty (30) degree parking and forty-five (45) degree parking, which require a 12 foot_wide and a 14.4 foot wide access aisle res~e~tive!yo The proposed access aisle width_for the 37.5 degree parking is 12 feet. The pzoper access aiSle width for the 37.5 degree parki~ must be interpolated between 12 ..... feet and 14.4 feet. If the~additionai access aisle width beyond 12 feet cannot be accomodated, then a variance will be required. c) Secticn 4-L of Appendix A, Zoning requires the construction of a 6 foot high concrete block wall setback 2 feet from adjoining property lines for major modifications to existing develooments, where a commercial district abuts a residential district. This requirement must be met for the south property line of ~he p{ojech, owing to the R-3 zoning district Which lies to the south. Tho construction of the va required buffer wall creates a conflict w!t~- the parking lot layout and design on the south sida of the building. This parking isnecessary to n~eet the~parking requirements set forth in Appendix A, Zoning, for a medical office building. BaSad on this conflict, either a variance to the Parking Lot or Zoning regulations would be required. Thespians do not pro¥ide for a sidewalk along N.E. 1st Stre~t~ where there is a row of parking spaces that allow fo~ ~les to back into the right-of-way. Although thi it creates a safety with respect to this row of parking spaces, if the is approved allowing vehicles to back into the The archit~ct (agent) has indicated that i of ~eeking an exception from the 3oard fo~ the sidewalk requirament~ 3. ?h~re can be no encroachment of landscape islands/curbing in~o t.he public.right-of-way: 4. A parking lot lighting plan !s required in accordance with th~ requirements of the recently amended Parking Lot Regulat ions. ~' CSA:ro cc Luther Eu~anks Central F~!e CAR~EN $. ANNUNZIATO MEMORANDUM Canuen Annunziato Planning Director ~evin i J. Hallahan Forester/Horticulturist October 7, 1987 Dr. Douglas J. LOve Medical Office ~lding Moratorium Variance/ParkLug Lot Variance The following items pertain to the landscape plan for this project: 1. ~e hedge material adjacent to Bo/fnton Beach Boulevard must be 1" in height at tin~ of pianO. 2. A hedge of 18" in height is r~cnl~red along the abutting properS- 4. A st he ty ~<ater cannot be used for the irrigation system in landscaped areas. five fcot (5') landscaped buffer .is requ. ired bet~L=e_u the perking ~!ls and N.E. 1st Street. 5lkis req~res trees and a 36" in [ght~hedge planted (variance). I4~H:ad ADDENDUM B-6 MEMORANDUM October 26, I987 TO: CHAIRMAN AND MEMBERS PLkNNING AND ZONING BOARD ~.FROM: CA RE: DR Section ! ia varianc Technical Board a r to be mad this memc Luther L. variances Parking L 1) 2) 3) 4) 5) Section 5 stor~.wat 2.5 lnche ~re~uireme ,~storrawat ~-continue. Sect_ion 5 lot d~iue RMEN S. ANNUNZIATO, PLANNING DIRECTOR LOVE MEDICAL OFFICE BUILDING R~ING LOT VARI~CES -144(C)(4) of the Code of Ordinances requires that when e to Section 5, Article X, Parking Lots is requested, the ReviEw Board must forward ~o the Planning and Zoning ~co,UUn-endation, and that the reccnunendation forwarded is ~ part of the public hearing proceedings. To that end, is.forwarded consistent with 5-144(c)(4). Eubanks, agent for Dr. Douglas J. Love, has requested to the following sections of the recently amended Regulations: Section 5-142(f) "Drainage" Section 5-!42(h)(2) "Driveway Radius" Section 5-142(h)(3) "Driveways" Section 5-142(h)(4) "Back-up Space" Section 5-142(i)(2) "Maneuvering" -142(~) '~Drainage," among other things, requires that ~r be r~ained on-site at a capacity of not less than s of _~-ai~fal~ in one hour. With respect to this ~t, the applicant is requesting that the existing mr flow or~a~o adjacent rights-of-way be allowed to -142(h)(2) "Driveway Radius" re_c-aires that each parking gay shall be constructed with a radius at the intersection o~ the vehzcutar traffic lane of (25) feet or as otherwise approye~ by the. Ciuy Engineer. With respect to'this requireme~t,a determination was made by the Tec~hnica! Revie~ Board t~a a variance to this ~ection of the Parking Lot. Re~d!at~O,ls is no~ necessary, as the new Parking Lot Ordinance allows th~ Cit~ E~gineer'to approve alternatives to the 25 foot radius re~uiremen~ and in this instance, he is recommending an alternative, as outlined in the attached memorandum. ADDENDUM C-1 Section 5 that thel (18) feet and a pu~ the righ section 5-142(h)(3) "Driveways," among other things, requires that no parking-lot driveway may be constructed closer than thirty (30) feet from the intersection of the right-of-way lines along local streets. With respect to this requirement, the ~pplican~ is requesting permission to construct .a 12 foot wide ingress driveway within 21.5 feet of the intersecting right-of-way lines. -142(h)(4) "Back-up Space,, rec_uires, among other things, ? shall be a safe and Unobstructed distance of eighteen in length between the hide of an angled parking stall lic right-of-way. In this instance, the applicant is g to be p~rmitted to provide a lesser distance of 12.5 een the first angled pax'king stall in the north row and -of-way for N.E. 1st Street. ~eets, R.~. !st For an ex' The above renovatio~ Pt~nfoing t Boynton B( requests ~ variance .OnTuesd~ to denial ~ubmit (i)(2) "Maneuvering" requires, among other things, and access areas shall be of sufficient size to enter and exit the parking lot and parking a safe and efficient manner. In no instance shall be designed to allow vehicles to back out into any or road rights-of-way, or segments of private function as local Or collector streets. With this requirement, the applicant is requesting to be a37©w for a continuation of the existing situation, are permitted to back into the right-of=way for )lanation of the Code requirement, the nature of the re~aested and the variance justification, please refer :ached Notice of Public Hearing and Application. variances are being requested in connection with the ~ 9nd.related site improvements to the former Ridgeway ~ulld~ng, located at %he southeast corner cf East .ach ~oulevard and N.E. 1st Street. Accompanying these- .re related requests for site plan approvai' and a o the building moratorium on Boynton Beach Boulevard. October 22, 1987, the Technical Review Board (TRB) the plans and documents submitted, and to f~rmulate with regard to the variances requested. After discussion, the TRB recommended that all four variance ~ denied. With respect to the reconu~endation for variance to Section 5-142(f) "Drainage,".the TRB of this request, as the applicant failed to demonstrating the quantity Of storm water could be contained on-site in proposed landscaped arki · p . .ng lot. W~th respect to the recommendation for e variances to Sections 5-142(h)(3) "Drivewavs.,~ ~a~.t -up Space, and 5-142[i)(2) "Maneuvering," the =enial of these requests for the following CC N~E. 1st Street, which is classified as a local street on the City Thoroughfare Plan, has an existing high rate of traffic flow for a street, of this classification, and it is anticipated that this volume will increase in the . futuIe, owing to the expansion of the municipal complex,- incl,.ding the construction of.the parking-garage with acce~ s onto N.~. tst.-Stzeet, and the future abandonment of N. Prol~ of'tl spac~ the turn: from the ~ Stre( The con whi gen pre nu/n ro Luth~ Cent] E. 1st Avenue. ~sed access to the site, including the location ~e ingress/egress driveways and the parking :s which back.into N.E. 1st Street, exacerbates ~xisting hazardous traffic conditiOns and .ng movements, including those which result the close proximity of the fire station across :treet, and the.police department across N.E. 1st it to the south. intensification of the property from a [ractor's office to a medical office building, ~h results in greater parking demand and trip ~ration, further exacerbates the situation ;ious!y outlined under items number one and Der two. CAPJ.iEN S. }=NNUNZIA~O r Eubanks 'al File MEMO RANDUM October 26, 1987 TO: FROM RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Love Project, Variances nts: A recent survey to include topo should be included. Elevations of adjacent.property and roadway is required. A standard D.O.T. type of flared turnout should be planned to meet the Ordinance requirements, ie., the City · ?Engineer may except alternates to the 25 ft. radii requirements. Drainage, existing plans should be shown with improvements to better accommodate the drainage. TAC/c] ADDENDUM C-2 MEMORANDUM November 5, 1987 TO: FROM:i SUBJI]CT: Ordi) a tel Cent) Boul( Sect' the i gran~ hard~ of al Boynl The Vari shal Apr to t and City Vari~ A re Offi Co~ copy memo 1987 The · appr{ orde arch medi~ for ( prow and Planning and Zoning Board Peter L. Cheney, City Manager Dr. Love Medical Office Building ance 87-10, passed by the Mayor and City Commission on May 19, 1987, placed ~porary moratorium on development between the western boundary of the ~al Business District and the western City limit along Boynton Beach vard. on 6 of the Ordinance provides for a variance from the strict application of erms of the Ordinance and sets forth procedures for consideration and lng of a variance for those cases which would cause unique and unnecessary hip upon the applicant, or when the specific proposed use or uses in terms ea, yard, height, etc. are consistent with the future development of on Beach Boulevard. oynton Beach Planning and Zoning Board is designated as the Special rice Board to hear these applications. The Special Variance Board make advisory recommendations to the Boynton Beach City Commission. perty owner desiring to obtain a moratorium variance directs his request e Planning Director. The request is reviewed by the Technical Review Board he Technical Review Board makes a recommendation to the City Manager The Manager then forwards a report and his recommendation to the Special nce Board. uest for a moratorium variance has been submitted (Dr. Love Medical e Building) for consideration by the Special Variance Board and City ss, ion. This request has been reviewed by the Technical Review Board and ~ :-~ of the Technical Review Board comments is contained in the attached ~andum from City Planning Director, Carmen Annunziato, dated October 26, The Technical Review Board recommended denial of the moratorium variance. emporary moratorium on development along Boynton Bea:h Boulevard was ved by the City Commission in order to allow a study to be conducted in that the Commission could adequately evaluate and/or establish specific tectural and landscaping guidelines, traffic impacts, location of turn-outs, n cuts, turn lanes and traffic signals, drainage requirements, projections ffice and retail floor space needs, etc. The results of such" a study will de the Commission with the information necessary to add to the character gnificance Boynton Beach Boulevard. ADDENDUM D -2- Recoq~nendation For ;wo reasons I recommend that the Dr. Love Medical Office Building mora- torium variance request be denied. The first reason f~r this recommendatiom is basel on the unanimous recommendation of the Technical Review Board that the site plan be denied. The s~cond reason for recommending denial is that the Tech~ica! Review Board also unanimously recommended denial of the four parking lot ~ariance requests. Furthermore, additional variances, not requested, appear to b~ necessary to make this project consistent with applicable City codes and ordinances. Therefore, th~ proposed development cannot be completed as sub- mitt~d and be compatible with the "spirit" o~ the development guidelines being formulated for Boynton Beach Boulevard. City Manager PLC ~r Atta:hments cc: Carmen Annunziato, Planning Director Central File MEADOWS STAFF COF,24ENTS 300 TRACT E "~ADOW PARK" PRELIMINARY PLAT Bu~ Fiz Eng: PolJ For ~ing Department Department neerlng Oepar tment ities Department ce Department ster/Hortic~lturist See attached memo. Street names need to be changed. Memo to be distributed at meeting. Memo to be distributed at meeting. See attached memo. Memo to be distributed at meeting. ADDENDUM E-1 TO: Carmen Annunziato Planning Director FROM: Don Jaeger Building Department MEMORANDUM November 3, 1987 Preliminary Plat Review.~Y. "MeAdow Park"' ~' Tract E Meadows 300 ~ As .... a condition~, of preliminary_. .olat approval., the following comments ShOUld oe zncorporate~ znto the related documents by the applicant: 1. The l~mited access easement and,the required landscape buffer must Continue along the full length of the south property line to th~ western boundary of the D%at in order to accommodate the futura'road construction. ~ e 2. Parce~ A requires landscape material in conformance with the city ~,andscape Code'. ~ 3. The e~Ltrance wall signage for the subdivision requires Community Appea~ ~nca~oard and City Commission approval. Appro~ ~1~ from the South Florida Water Management District and the L~ke Worth Drainage District is required. Cross sections of th~ L-t9 Canal showing the proposed completed condition is re~ tired Eo be included with the construction drawings. The n~ mes of the roads on the site development plan must be the same on the plat document. Street names and building numbers must have the approval of the City Building, Police, and Fire Departments and the Post Office. 6. The applicant has requested that lot and building requirements in th~s suba£vision be as per the R-1 Zoning District Regulations in th~ City Zoning Code, except for a few exceptions as listed on th~ sit~ development plan. One of the requested deviations from }~-1 regulations is for 50% lot coverage. R-1 regulations limit lot coverage to 40%; however, past City policy has been to allow tha~ figure to rise to 45% in the case of P.U.D.s. NOTE: t. No co~ o Buildi stree5 The applic insure a struction will be perminned in utility easements. ngs on corner lots must maintain a side setback on the side of one-half of the front setback. ant's prompt compliance with the preceding comments will imety permitting process. DJ:bh XC: E. E. Howell ADDENDUM E-2 MEMORANDUM PI anni m Attn: J Lt. D. 1 Police [ Dept. :A,, November 4, 1987 Gold en nr~sher ,~,j,:, Meadow's Park ept. As per t~e discussion at the T.R.B. meeting of 3 November 1987, the following is recommended: The names for the streets be changed, including Rosewood Dr. Lt. D. Thrasher Pol ice Department DT:as ADDENDUM E-3 MEMORANDUM Carmen Annunziato Plann/ng Director Kevin J. tIallahmn Forester/Hor ticul~,~r S st & Nov~aber 4, 1987 Meadows 300 Track E "Meadows Park" ~ne 1~ a b ~lscape plan as submitted should ~e changed to reflect: The soit "berm" as shcwn.alo~g~eadowsBoutevardshoutdbe a~b~ight of 36" in height due to the existance of und~-r~u~litylines ~Utility Department). The trees on the berm shown as "FICUS" 'or "OAK" should be changed to one of the smaller trees due to the possible root problems U3tility Department). Any ~c~=en open area designated to be under the responsibility of the Homeowner Association. must be landscaped in accordance with Ordinance ~81-22. I4J-H:ad ADDENDUM NOV ,5 1987 PLANF~ I~'~G DEPT. Fro Da1 Carmen Rnnunzia~'o. Planning Director November ~. 198T ect: TRB Re~ieu Meadows Park - Preliminary Plat can approve the above-re~erenced pro~ect subject to the {ollowing Provide an accurate detail o{ the con~lict manhole {or the sanitary seuer/storm sewer con{lict. Rdd a note to the sanitary seuer plans to the e{{ect that all materials amd workmanship must be in accordance with the Utility Water service crossing under roadways must now be installed ~ithin 3" PVC casings extending past each edge o{ the pavement. Limit the. height o{ the landscaping berm uithin utility easements to a maximum o{ ~6" above surrounding grade. Ficue species or oak species are not permi%~ed wi%him utility easements. Please contact the City's {orester when selecting suitable replacement dmt ADDENDUM E-5 MEMORA~ DUM November 2, 1987 TO: FROM: RE: Mr. Jim Golden' s~ior- City Planner Tom Clark - City Engineer ' Meadows Park, Preliminary Plat Commen~s: 1. ~ construction permit from the Water Management District Ks ~equ-ired. TAC: ck Ladii for the pavement edge~ (30 ft. minimum) should be ~hown. ~ee memo from Bill Flushing dated October 30, 1987. Tom Clark ADDENDUM E-6 T- R_ B- M E M O R A N D U M Tom Clark Bill Flushing Meadow, s Park, Plat & Construction Plans. The following item numbers from subject memo date~ Sept.~5,: I?BZ have not been corrected . or have been_revised incorrectly: · -li- . The bearing in the center of the South Li~e should be S 02d 5&' 05" W, not N 02d 56' 05= E. -5~ The street '~' name "Park 'Lane" is not acceptable as it is presently being usecl. (Pine Point ~iilas Condo). The revised name =Oak Lane' is also not acceptable as there is an-Oaks Lane-in Hunters Run. 4.~ The 60 foot R/W south of the ·SoUth Line should be named on this plat.-- ' The proposed name Rosewood Drive is not acceptable as there is a RoseNood Circle in "':~ Lakes of Ta~a. 5. OK A limit'ed access easement~ dedicated to the City of ~oynton,-~ill be required along the~ South ~nd East Lines. ~st~c£ion Piano: a. OK OF. OK The stop sign loca~ion mhd stop bars should be sho~n on-the plans. ADDENDUM E-7 Mr 20( Bo) Re: set X tember 25, 1987 James Golden, Senior City Planner NING & ZONING DEPARTMENT OF BOYNTON BEACH N, Seacrest Blvd. nton Beach, Florida 33435 Boyntom Lakes Plat 3-A, ZERO LOT LINE Single Family Homes, Hard Roofs on Screen Enclosures. r Jim: t 3-A had screen enclosures approved with a 5'-o" rear yard -back, thus making the maximum depth of the Enclosure 10 ft. ~atever width that was approved for the model. Pla~ 3-A has been built out and many of the homeowners have installed screen.enclosures on their hom~s. This letter is m request that the~ be allowed to install ~tuminum Roofs either~ insulated or non-insulated on the screen enclosure, while stizt maintaining the 5'-0" year set-back. All other set backs to remain the same. ¸No Jim for on Sin FY'., DOlL DEE ;tructures are to endroach on any easements. as a reminder, the City Council approved the hard roofs the Homeowners in Plat 2~ at the last City Council meeting ;eptember 15, 1987, with a 3~' rear set back. :erely, .', ~ld E. Elliott ;TRUCTION COORDINATOR red ADDENDUM F-1 MEMORANDUM --Carmen Annumziato v'tanning Dilecnor_ ~- Don Jaeger / -~Muitding Department' October 7, 1987 Master Plan Moazfzcation: Boyncon Lakes - Plat 3-A (Request to allow solid roofs over the previously approved screen enclosures) As a condition of master plan modification approval, the foltowin~ commenns should be i~corporated into the related documents by the applinan~: / ~t. The submitted plat drawing does not indicate the fact~that Plat 3-B kt has moved south and thus significantly narrowed the c~mm6n area between i ' the lot. n these two plats. Approval of thzs request should~ be predicated on obtaining approval for the replatting of Plats 3-A and 3-B. P~esently, Lot 1, Block 44 of Plat 3-A is encumbered by a utilzty easemen~ for Plat 3-B. Dimensions of the width of the northern comawon area fo~ Plat 3-A should be indicate~ on these plans. 2. The pro~sed changes to the rear setback lines for Plat 3-A are only app!iCa] allowab] Model N~ MO de 1 N~ Model N~ Model N~ The foltowi~ In order to !'~shoutd be s~ at the time 1. A copy stamp f: bluepriz .~.. in ~he meets ol These bi must be · 2. A plot existin~ A layou~ of all A prope~ NOTE: In tt plan modifi( ~ith Table arcent of The applica a timely pe~ ,le for the previously a~proved .e area for these enclosures are: 91215 t0'0" x 12'2" · 91216 12'0" x 28' 8" . 91217 12'0" x 26'0" . 91218 12'0" x 26'4" g comments are for the aDolican%'s information: fa6ilitate the permitting process, the following documents ~mitted in duplicate to the Building Department for revzew permits are desired: ' :' f the blueprints for the structures with a current approval om the Palm Beach Counny Building Code Advisory $oard or ts signed and sealed by a registered engineer or architect tare of Florida attesting to the fact that the structure exceeds all design c~iteria for the City of Boynton Beach. screen enclosures. The maximum ueprints or copies must be legible and all pertinent details color coded or circled° lan showing all setbacks no ~he property lines-as well as and proposed structures and easements. and erection plan for the proposed structure showing locations penings. 1~ completed permit application form. e future, if the association wishes to reapply for a master ation to enclose these structures, the structures must comply 00, Standard Building Code for exterior wail'ratings and llowable openings. t's prompt compliance with the preceding comments will insure mitting process. --,.'- Don Jae~r -- -.-: ADDENDUM F-2 October 12, 1987 TO: FROM: RE: PETER L. CHENEY, CITY ~ANAGER CARMEN S. _ANNUNZtATO, PLANNING DIRECTOR MEADOWS 300-MASTER PLAN MODIFICATION Russe! modifs Meado~ additi front for th Meadow buildi fiftee lots is The ~re on the With r~ Techni~ review considE findin~ and th.a subject utiiitd Kiviniemi, agent for Ryan Homes, has requested a ~ation to the previously approved master plan for the 300 PUD. The modification requested is to allow for the ~n of screened enclosures for the lake front and canal lots, and swimming pools with screened or fenced enclosures interior lots and the lots with rear yards abutting Boulevard(see attached correspondence). The approved lg s_=back for the lake front and canal front lots Is (15) the approved setback for the interior ~with rear yards abutting Meadows Boulevard (25-) feet. The proposed changes wOuld ~esult in a (121 foot setback for front, canal fro~t and lots · and an eight-(8) foot for the interior lots. forapproving master plan modifications in planned is twofold. First, the City Commission must . n as to whether or not the changes requested tantial in nature. A determination of substantial change part of the~ City Commission which ~as sole discretion in .tter would r~quire a new application for PUD. on the ~and, a determination of no substantial change, aildws, the ing of the request to the Planning and Zoning Board. The .g and Zoning Board then may approve the request. This .re appears in Appendix B, Section 12 of the Code of .ees. .. spect to the changes requested by Mr. Kiviniemi, the al Review Board (TRB) met on Tuesday, October 6, !987 to the.~!ans and documents submitted, and they offer for your ration, a~.recommendation that the City Commissio~ make a of 'no substantial change for the requested modification, t the Planning and Zoning Board approve this request to the attached comments from the Building Department and es Department. CARMEN S. ANNUNZI.ATO CSA:ro CC ADDENDUM G-1 Technical Review Board Central File STAFF COMMENTS MEADOWS 300 TRACT L "HEATHERLAKE" MASTER PLAN MODIFICATION Building Department See attached memo Uti!itJ es Department Subject to developer obtaining approval from Southern Bell, Florida Power and Light and otber utility companies utilizing easements. ADDENDUM G-2 MEMORANDUM Carmen Annunziato Planning Director October 7, 1987 Don Jaeg ~r Building Department As a cort~ should b~ 1. No cz pavi~ e~cr( 2. Appr~ the t ease~ thes~ Master Plan l~odification: Heatherlake Tract L Meadows 300 (Addition of screen enc!osu~os and swinnnin~ pools) ition of master plan modification approval, the fol~?wing co~menss incorporated into the related documents by the appz~eann: nstruction will be permitted in easemenns. Sheet 3 of 4 of the .g and drainage plans shows pornions of these'strUctures aching into the easement. val of the applicable utility companies should be secured for roposed construction immediately adjacent to the utility ~ents. Future excavations zn these easements could undermine proposed structures. The following comments are for the applicant's information: In order to facilitate the permitting process, the following documents should b~ submitted in duplicate no nhe Building Department for review at the time permits are desired: t. Engireered shoring details, as required by plat language, to maintain the required lake bank slope. 2. For creen enclosures: A. copy of the blueorints for the strucnures with a c6rrent pproval stamp fro~ the Palm Beach County Building Code Advisory oard-or blueprints signed and sealed by ~ regist&red engineer or rchitec~ in the state of Florida attesting to ~he fact that the tructure meets or exceeds all design criteria for the City of oynnon Beach. These blueprints or copies must be legible and 11 pertinent details must be color coded or circled. B. plot plan showing all setbacks to the property lines as well s existing and proposed structures and easements~ C. layout and erection plan for the proposed structure~ showing ocations of all openings. D. J properly completed permit application form. 3. For p A. 5 B. C. D. oots and decks: ngineering on pool construcnion. lumbing and electric diagrams. etails on deck construction. plot plan showing all setbacks to the property lines as well .p existing and proposed s[ructures and easemenns. E. ~tails on the required fence or enclosure. F. ~properly completed permit application form. The applicant's prompt compliance with the preceding comments will a timely permitting process. Don Jaeg~r~j ' ADADDENDUM G-3 DJ:bh FQRM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, iVIUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I DATE O,~ WHICH vo~E OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITy, OR COMMITTEE TI~E BOARD. COUNCIl., COMMISSION, AUTHORITY, OR COM~nTTEE ON WHICH I SERVE IS A UNiT OF: ~/Cll Y ~: COUNTY ~ OTHER LOCAL AGENCY 'NAME OF POLITICAL SUBDIVISION: 'MY POSITION IS: ELECTIVE ~. APPOINTIVE .~.mith a voting cO: ~the use of this Your responsibili 'on whether you t Cbefore complefir WHO MUST FILE FORM 8B Ise by any person serving at the county, city, or other local level of government on an appointed or elected board, ion, authority, or committee. It applies equaIly to m~mbers of advisory and non-advisory bodies who are presented fllct of interest under Section I12.31,~3, Florida Statutes. The requirements of this law are mandatory; although articular form is not required by law, you are encouraged to use it in making the disclosure required by law. :ies under the law',lien faced with a measure in which you have a conflict of interest will vary greatly depending old an elective or appointive position. For this reason, p}ease pay close attention to the instructions on this form g the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WfrH SECTION 1~i2.3t43, FLORIDA STATUTES ~ELECTED OFFICERS: ~A person hokiing elective count~, municipal or other local public office MUST ABSTAIN from voting on a measure which inures ~o his special private gain. Each local Off cer also is prohibited from knowingly voting on a measure which inures to the special ~ain of a princi~il (other than a government agency) by whom he is retained. In either case. ~o~ should disclose the conflict:. PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and , WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recordin. the minutes 6f the meeting, who should incorporate the form in the minutes, g :APPOINTED OFFICERS: ~A person holding appointive county, municipal or other loca public office MUST ABSTAIN from voting on a measure which ,in ares to his special private gain. Each local officer also is proh bited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding hn appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether ~ade b9 the offic&r or at his directlofi. tF YOU INTENDiTO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING XT WHICH ~THE VOTE WILL BE TAKEN: '~ You should complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minmes of the meeting, who will incorporate the form in the minutes. = A copy of the form should be provided immediately to the other members of the agency. * The form shouldl be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ...... ~. ............ ADDENDUM H PAGE ~IF'~©U MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: *~ou~should disclose orally the nature of your conflict in the measure before participating. ~*~w~hould~"~ -~' complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes ~:~of~he meetingl who should incorporate the form in the minutes. A :m~as~are c inured to n qntt~ed to t hereby disclose that on tme or will come before my agency which (check one) ,y special private gain; or te special gain bf ' DISCLOSURE OF LOCAL OFFICER'S INTEREST (b) The measure before my agency and the nature of my imerest in the measure is as follows: , by whom lam retained.~ Date Fi}ed ~I~3T~E:E: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED :D}$C~osURE CONSTITUTEs GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEA.CHMENT, ~EMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN ~S~LCaZ:RY, REP RtMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. STAFF CO~iENTS OAKWOOD SQUARE SHOPPING CENTER SITE PLAN MODIFICATION Utilities Department Public Works Department Memo to be distributed at meeting. Contact Public Works Department prior to pourinq dumpster pads. ADDENDUM I-1 RECEI'V:ED NOV 5 1987 PLANNING DEPT. , MEMORANDUM To: Da~ e: Su! eat: John R. Guidry, Director o~ Utilitie November ~, ~987 T~ Revieu Revisions - Oakuood Square Ue :an approve the above-reCerenced site plan conditionally upon app:'~val o{ ~he modi{ications to uater services servinc~ Buildings R! and ~Z.'%.Plans shouing the existing and'proposed meter arrangement, and labq*ling the units ~erved by sech~eter must be submitted. The location o{ the existing meter bank {or Building RI may inter{ere ~i%~ usage o~ the neuly proposed dumpster. Therefore, removal o~ the meters should be ~ prerequisite to inst~lla~ion o~ the dumpster. d~% ADDENDUM I-2 Ca_rmmn Ar~aZiato Planning Director Eevin J. Hall~han Forester/Horticulturist MEMORANDUM November 4, 19~87 Meadows 300 Track "Lakeshore" ~he landscape plan as sutx~tted should he changed to reflect: IiAny tree species listed as less than 8' in height should be designated as a shrub where applicable. ~e hedge material along the per/meter of the pa~king lot ~ast be 36" in height at ~ of planting. ADDENDUM J FORM 85 MEMOgIANDUM OF VOTING CONFLICT FOR OUNI'Y, MUNICIPAL, AND OTH, I LOCAL PUBLIC OFFICERS NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE THE BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: COUNTY OTHER LOCAL AGENCY NAME OF POLITICAl. SUBDIVISION: MY POSITION IS: [2 ELECTIVE y APPOINTIVE WHO MUST FILE FORM 8B for use by any person serving at the county, city, or other local level of government on an appointed or eiec~l~..ard, commission, authority, or committee. It applies equally to members of advisory and non.advisory bodies who are presented · interest under Section 112.3t43. Florida Statutes. The requirements of this law are mandatory; although the use of this is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which yon have a conflict of interest will vary greatly depending on whether you h61d an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3t43, FLORIDA STATUTES ELECTED OFFIC, ERS: A person holding elective county, municipal, or other local public office MUST ABSTAlN from voting on a measure which inures to his special pri'~&te gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agencs) by whom he is retained. either case, yo~ should disclose the conflict: . PRIOR TO ' VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which e abstaining from voting; and WITHIN 15 the minutes OCCURS by completing and filing this form with the person responsible for recording who should incorporate the form in the minutes. special gain of a A person holding by the offi~ IF YOU 1NTEN[ VOTE WIL You should co recording the appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which al private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the principal {other than a government agency) by whom he is retained. an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must of the conflict before making any attempt to influence the decision by oral or written communication, whether er or at his direction. TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH BE TAKEN: plete and file this form (before making any attempt to influence the decision) with the person responsible for inures of the meeting, who will incorporate the form in the minutes. 2A copy of the form should be provided immediately to the other members of the agenc3: The form shoul~t be read publicl) at the meeting prior to consideration of the matter in which you have a conflict of interest. ct. rlmM ~ m.~e ADDENDUM K PAGE ~Y, OU,MAKE NO ATTEMPT TO INFLUENCE THE DECI$-~ON EXCEPT BY DISCUSSION AT THE MEETING: :-;~,,you,~hould disclose orally the nature of your conflic~ in the measure bel~._c-~ participating. *~)uc~shoutd complete the form and file ~t w~thm 15 days after the vote occurs wtth the person responstble for recordin~thearlnut~s~ meeting, ~vho should incorporate the ['orm in the minutes. DISCLOSURE O~: LOC~AkOFFICER'S INTEREST {a) A ~asure came or ~lL~ ~fore my agency which (cheek one) ~ ~~~special private ~in; or .. inured to th ~ s~cia} gain of (b) The measure ~efore my agency and the nature of my inter~t in the measure is as follows: · by whom I am retained.'-~ Date Filed 'D BIOI~I~E: UNDER PROVISIONS OF FLORIDA STATUTES §112,317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMEEACHMENT, ~R~E, MOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION tN ~SAI~'tfi2RY, REPRIIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - 10-86 PAGE 2 Carmen Annunziato Planning Director Don Jaege Building The foll( review A discrep Board of filed wit Mr. Leona that thes Tract of refer onl In the p~ individ~ recommen~ be initia applicabL which refl not be un~ DJ:bh XC: E.E. Departmen~ MEMORANDUM November 3., I9~ ~; PLaN Nlr,~ DEPT. Site Plan Modification: Tract "D2" Cambridge I - Hunters Run (Additions to Existing Units) ~ing comments were generated from the Technical Review Board's the above mentioned site plan: ~ncy exists between the letter from the President o~ the Directors of Cambridge at Hunters Run and the application ~ th~ request for site plan modification approval. ~d Curtis, President of the Board of Directors, reeuests ~ additions be allowed for every homeowner in the ~ambridge ~unters ~un. The application and accompanying d6cuments z to 33 Cambridge Lane as the location for this addition. ~t, the City has not granted site plan modifications to - property owners in P.U.D.s. The Building Departmenu ~ that any request for site plan modifications in P.U.D.s ~ed by the developer or the Homeowners Association and be ~ for every unit in the project. Plans should be submitted .ect the general conditiona throughout the plat and should .t specific. Don Jae~~J Howell ADDENDUM L-1 MEMORANDUM November 3, 1987 TO: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD FROM:i CARMEh' S. ANNIrNZIATO, PLANNING DIRECTOR RE: }U3NTERS-RUN TRACT D-2 "CAMBRIDGE I" With reference to the above request for a site plan modification, please be advised of t~e following: 1. Secuion~,~ 1, 7, 8 and 9 of the site plan application should be revised to change this request from that of an individual property owner to that of the association. A note should be placed on the plans in large print indicating that this ~odification applies to type VIii units only. CSA:ro C~ENS. ADDENDUM L-2 CAM.BRIDGE AT Condominium Association, Inc. November 5, 1987 Mr. Golden: This s to confim that the Board of Directors of th~ Cambridge ~t Hunters Run Condominiu~ Association, Inc. has approved the addition for the home of Mr~ Barney Menditch at 33 Cambridge Drive ~ We ha~'e also approved the building of this master bedroom addi~ on for .an~ other Villa VIII owner in ~e Cambridge Assoc ation. Verlz rul7 u ., Print "- ~or th~ Board of 'Dlrectors ) LC:jes 3500 C~uhhouse Lane, Boynton Beach. Florida 33436. TeIephone: [305) 734~5000. ADDENDUM M M E M O R A N'D U M October 29, 1987 TO: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR FROM: JAMES j. GOLDEN, SENIOR CITY PLANNER RE: LES~O AT ~OYNTON COMMERCENTER-RE0~EST FOR USE kPPROVAL Erwin I. Gold, leasing agent for the. Boynton Commercenter, is requesting use approval for a lawn care products wholesaler au the B~)ynton Commeroenter (see attached Correspondence). ~The propo;ed wholesale operation serves landscape and lawn maint~nance contractors who drive into the building, pick up their produ~:ts~ and drive out. The product line includes such items as equipr[ent, fertilizer, herbicides, fungicides, insecticides, c!oth~ng, and replacement parts (see attached materials and broch res). In reviewing the~current list of permitted and prohibited u~es at' the B~ ynto~ Commercent~r (see attached), fertilizer manufacture, sale, or d!stribution is listed as a use which is specifically prohibited. The justification for denial of this use is outlined on pag~ 3 of a previous report dated May 7, 1985 to the Planning and Zonin~ Board. The relevant section reads as follows: F~rtiiizer sale or distribution should not be allowed a~2 this site, due to the proximity of the well field l~cated along the perimeter of the PID. These wells ~o~ide wa~er for the municipal Water system. The 'ansfer and storage of fertilizer on the site would 'lng with it the possibility of accidental spillage, .ic~% would pose a hazard to the City's Water supply. In ad( tion to the fertilizer product line, the proposed Use also wholesstes a side variety of insecticides, fungicides, and herbic~des~ These products are listed on p g 4 of the Les catalog. ~y of the chemical ~ ...... ~ ? 1 ¢o extremely toxic, and ma os ~uuus z~Sue~ on this page ~re · · Y p e an even greater ~. wellf!e~d, An the event of accide~*~ ..... threat to the City · ~ ~p~z±age, than would t~e fertililer. With respect uo the draft copy of the Palm Beach County Wellfield Protection Ordinance, which is proposed for adoption in early to mid 1988, fertilizer, pesticides and herbicides ar .' . ~nericliist of regulated sub~ .... e included on the · mst cohsist of chemical co~j~ ~[l~n~?r.~he Products on this - ~ .... ~ ~= nf~ zmst of Hazardous ADDENDUM N Wastes, which is re~erencee in ~ne erar~ oralnance, ana basis for prohibition and regulation in zones no. 1~ 2 and 3. The chemical compounds on the EPA list are prohibited in zone 1. This zone will include mos~ if not all of the Boynton Commercenter PID, pending final approval of the engineering study by Dames and Moore for Palm Beach County. BasedJon the current prohibition' of fertilizer' sales/distribution· and the additional threat to the City's wellfield posed by the chemical storage, sales, and distribution on-site, it is recommended that ~his request for use approval be denied. JJG:rq Attach~nents ES ~J. GOLDEN