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Minutes 05-12-87MINUTES OF THE PLANNING AND ZONING BOARD ~ELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, MAY 12, 1987 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Chairman Harold Blanchette Marilyn Huckle Martin Jackier Simon Ryder Robert Walshak Robert Wandelt Gary Lehnertz, Alternate William Schultz, Alternate Carmen Annunziato, Director of Planning Jim Golden Assistant City Planner Tambri Heyden, Assistant City Planner Chairman Trauger called the meeting to order at 7:30 P. M. ~e introduced the Members of the Board, the Planning Staff, and the Recording Secretary. Chairman Trauger recognized the presence in the audience of Vice Mayor Ralph MarChese; Commissioner Ezell Hester; Commissioner Leonard Mann; Commissioner Dee Zibelli; former Vice Mayor Carl zimmerman; City Manager Peter Cheney; Chamber of Commerce representa- tives Owen Anderson, Executive Vice President, and Bill Martin, Immediate Past President; and Samuel Scheiner, Vice Chairman of the Community Redevelopment Agency (CRA). MINUTES OF SPECIAL MEETING OF APRIL 28, 1987 Mr. Blanchette said he was listed as being absent, but he was not advised that he was appointed to the Board until May 1st. Mrs. Huckle called attention to the third para- graph on the last page of the minutes and said it should read "City Commission meeting last Tuesday" instead of last Thursday. Mrs. Huckle moved that the minutes be approved as amended, seconded by Dr. Jackier. Motion carried 5-0. Messrs. Blanchette and Wandelt abstained from voting as they were not present at the meeting of April 28. ANNOUNCEMENTS Mr. Wandelt announced that he will not be at the next meet- ing because he will be on vacation during the month of June. COMMUNICATIONS None. - 1 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 ELECTION OF VICE CHAIRMAN Mr. Ryder moved to nominate Robert Wandelt as Vice Chairman, seconded by Mrs. Huckle. Chairman Trauger asked if there were any other nominations. There was no response, and Chairman Trauger declared the nominations closed. Fir. Ryder moved that the nominations be closed, seconded by Mrs. Huckle. Mr. Wandelt was elected Vice Chairman by acclamation. Mr. Walshak asked if they were going to vote on the nomina- tion, as he thought that was customary. Since there was only one nomination, C~airman Trauger said Mr. Wandel~ was elected b~ an acclamation call and unanimous vote, which is approved in Robert's Rules of Order. OLD BUSINESS None. NEW BUSINESS On the agenda, Dr. Jackier noted there were a couple of site plans regarding Hunters Run, and he wished that it be noted in the record that he is a resident of Hunters Run. He agreed with Chairman Trauger that he has nothing to do with the management but wanted to make it known that he is a resident there. Chairman Trauger saw no conflict of interest. Dr. Jackier stated that he did check with Raymond Rea, City Attorney, and was informed that it was perfectly okay for him to vote on these matters. A. PUBLIC HEARINGS Project Name: Lopez Medical Office Complex Agent: None Owner: Nelson Lopez, M. D. Location: South side of S. E. 23rd Ave., between Seacrest Boulevard and the Florida East Coast Railroad right-of-way Legal Description: Description: Lot 9, PLAT OF HIGH POINT, Boynton Beach, Florida, as recorded in ~lat Book 23~ Page 225, Public Records of Palm Beach County, Florida Request for relief from Section 5-141 (e) "Drainage" of the Parking L~t Regulations - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 .Mr. Blanchette interrupted to say he had a conflict of interest on this because he had prepared the original plans sometime ago, and he wanted to abstain from voting. Mr. Golden read Mr. Annunziato's memorandum of May 6, 1987, which was addressed to the Board, and is attached as Exhibit A to the original copy of these minutes in the City Glerk's Office. The memo stated that the Technical Review BOard (TRB) recommended that the request be denied and gave the reasons. Chairman Trauger questioned whether Dr. Lopez would be using the building he is currently in and the current one, which is being finished and is towards the railroad track. Mr. Golden believed that some of Dr. Lopez's associates would be in the new building. Chairman Trauger was at the property when the rain w~s coming down hard; water was running off all sides of the back parking lots, and the swales were full in front. He wondered if that was the surfacing they plan to leave on the parking lot. Mr. Golden replied that they are proposing to keep the parking lot intact and to add onto it. Therefore, the rainfall would collect and flow into the right-of-way from S. E. 23rd Avenue. Mrs. Buckle read the third reason for the TRB's recommenda- tion on page 3 of Mr. Annunziato's memo, and asked if they were suggesting that the three additional parking sp~ces could cure this problem. Mr. Annunziato could not t~stify the s~aces would cure the problem, but said they wou~d certainly help alleviate the problem of storm water. The applicant would have to provide for the City Enginee~ calcu- lations as to the accumulation of storm water retention, depending on the depth, and the permeability of the Soils. Mr. Annunziato suspected that a substantial amount of the storm water run-off could be contained. In the past, when they have had instances like this, it had been common practice that the applicant had to improve the situation by providing landscaped areas to accumulate some of the storm water run-off. Mr. Ryder asked to see the slide showing the two buildings, side by side. In view of the fact that the TRB recommended that the P&Z Board not approve this, if what Mr. Annunziato referred to could be worked out, Mrs. Buckle asked if there was still hope from his department that this might be solved. Mr. Annunziato answered that there was a potential - 3 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 for alleviating the problem. He told Mr. Ryder it would be up to the applicant to determine how to design the site, and said it would require an engineering analysis of the site. Mrs. Huckle asked if the remarks were addressed to the total new site. Mr. Annunziato replied that they were addressed to both sites. Mr. Ryder did not recall seeing plans of the second building, and he understood it was a restoration. Mr. Annunziato confirmed that was correct, and added that it was below $100,000 Chairman Trauger said there must have been about 2½ inches of water on the lot when he drove in there, and it was all going towards the back and over to the left. It was not coming out the driveway at S. E. 23rd Avenue. Mr. R~der said there is a slope between the two buildings. At the TRB meeting, Mr. Golden said the City Engineer related the fact that what they saw included provisions for addressing drainage. The slope is directed toward the middle into a trench. Mr. Golden did not know why they had not continued with that, but the City Engineer felt it was a situation calling for a technical fix rather than a variance. Mrs. Huckle asked if it was correct that the building was completely erected and almost completed before this came to light. Mr. Golden replied that the building was fairly well complete. It was hard for Mrs. Huckle to believe they could get that far along with ~nspections without stumbling into the problem of possibly having to redo the whole parking lot to allow for drainage. She thought it was quite an invest- ment for this problem to crop up at this late date. Mr. Golden said the ~riginal plans did provide for drainage, and there was an indication from the City Engineer that they were meeting requirements. He did not have the full back- ground as to why the variance came about. Nelson Lopez, M. D., 236 S. E. 23rd Avenue, said when he originally built his office, the parking lot was built according to whatever was in force at the time. It became necessary to expand his square footage, but Dr. Lopez never thought he would run into the kind of expenses he did. When Mr. Golden had said something about a French drain, Dr. Lopez recalled that he asked how much it would cost to do an addition to the parking lot, which was 10% or 12% of the total surface of the parking lot. When this came up, he - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 would have to redo the whole parking lot to comply with the Code. Dr. Lopez said it came up because of his ~gnorance. He knew nothing about the new Codes and regulations, or he would never have started a project like this. Mrs. Huckle asked how many parking spaces are new parking spaces. Dr. Lopez answered that he currently has 14 parking spaces, which are adequate for his present practice. Since the renovation, he would be getting three more parkin~ spaces ~n the front and three in t~e back, in additio~ to the 14 spaces. It appeared to Mr. Ryder that the three spaces Dr. Lopez proposed to add in the front might be in a critical a~ea, as it might be an area Dr. Lopez might want to retain fo~ water retention rather than paving it for parking. Dr. Lopez was willing to do whatever was necessary, add he explained. There was discussion about whether the property is in a low area, water problems, and the number of pDrking spaces. Mrs. Huckle asked Dr. Lopez if he could get ~long with 18 parking spaces. Dr. Lopez answered, "Certainly." Mrs. Huckle asked how congested the parking lot is un~er normal circumstances. Dr. Lopez replied that it is not very congested. He was just trying to renovate the place, but never dreamed it would be this cost. Mrs. Huckle questioned whether the dedication of 15 fDet of right-of-way for S. E. 23rd Avenue would cause a p~oblem. She asked if Dr Lopez was familiar with ~his requirement, and read the last paragraph of Mr. Annunziato's memo. Mr. Ryder explained that it was to provide for future, possible widening. Dr. Lopez said that would be no problem. Vice Chairma~ Wandelt asked if Dr. Lopez would have a~di- tional associates. Right now, Dr. Lopez wanted to usD the space for his own private practice, which has grown. He made a mistake going into that little house. Mrs. Hu~kle asked about the Urologist. .~r. Lopez replied that th~ Urologist is temporarily using the office until he can establish his own practice. If the TRB considers cutting out three of the parking areas as a possible solution, it seemed to Mr. Ryder that a study should be made. He reiterated that the three spaces in front could possibly be prepared as a retention area. If the three parking spaces are given up, and drainage would be provided, Chairman Trauger asked if this would then - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 comply, or if it would take additional work on the rest of the parking lot, such as resurfacing and grading. Mr. Annunziato answered that it may. He added that there are other:additional parking lot construction requirements such as lighting, curbing, and landscaping. The issues related to the additional landscaping are technical issues. They are calculations that engineers perform. It must be deter- mined whether or not Dr. Lopez can meet the Code requirements. Mr. Ryder thought it might be appropriate to table this, pending a study and report with regard to the possibility of reducing the parking areas and supplying a retention area. Mr..Annunziato rec0mmended that, prior to tabling, the Board Conduct the public hearing and then require that the appli- cant meet with the city staff to further discuss his problems. Chairman Trauger was concerned about retaining the water on the on-site drainage part. When the applicant prepares an engineering study, Mr. Annunziato said that will be determined. Mr. Ryder explained to Dr. Lopez that the matter of run-off was important and, if he could do that, it would not be as expensive as resurfacing the entire area. Dr. Lopez asked if he would need an Engineer"s report. Mr. Ryde~ answered to comply with the Code, they need to contain water on the premises. Chairman Trauger asked if anyone wished to speak in favor of the proposal. There was no response. Chairman Trau~er asked if anyone wished to speak in opposition to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Chairman Wandelt moved to TABLE this for a further engineering study, seconded by Mr. Ryder. Mrs. Huckle asked whether the motion should include that Dr. Lopez should refer back to the TRB for review, or if it would autqmati- cally go that way. Mr. Annunziato thought it would auto- matically go that way. For the record, Mr. Annunziato said the applicant was being requested to evaluate replacing three paved parking spaces wit~ a dry retention facility and then to provide, fur the ~~ ~r~ ~w~n~gS~yc~ee~_the ~ents. The applicant will also be back before this Board ith that report. - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Chairman Trauger repeated the motion and included the above comments by Mr. Annunziato. A vote was taken on the motion, and the motion carried 6-0. Mr. Blanchette abstained from voting. See Exhibit B, Form 8B, Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers, attached to the original copy of these minutes in the Office of the City Clerk. LAND USE ELEMENT AMENDMENT.AND REZONING Project Name: Agent: Owner: Location: Description: Description: Dutch Property None Walter Dutch West side of N. W. 7th Court, north of West Boynton Beach Boulevard Lot 11, less the North 45 feet and the North 20 feet of Lot 12, DEIERL PARK, according to the Clerk of the Circuit Court in and for Palm Beach County, Florida~ in Plat Book 23, page 236. Request for an amendment to the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Local Retail Commercial and rezQning from R-iA (Single Family Residential) to C-2 (Neighborhood Commercial) for the purpose of expanding the existing C-2 zoned parcel to the south under the same property ownership Mr. Golden read the memo addressed to the Board, dated May 4, 1987, from Mr. Annunziato, which is attached to the original copy of these minutes in the City Clerk's Office as ~xhibit C. Chairman Trauger was informed that the dentist's office is adjacent to the property. He wondered how deep i~ was around the back, where the dentist's office is. Mr. Annunziato replied it is 74 feet. It was the recommendation of the Planning Department that this request be denied, owing to the likelihood of further degradation in the adjacent residential neighborhood, as further explained in the memo. Mrs. Huckle asked Mr. Golden to elucidate more about the southern part of Lot 10 and the northern part of Lot 11. She asked if the home was sitting on parts of two lots. Mr. Golden said the way the west side of the street was developed, it did not match the way the lots were platted. - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 North of the parcel which is to be rezoned, exists on that parcel occupies the north 45 and the south 25 feet of Lot 10. Mr. Ryder it is staggered on both sides of the street. the home which feet of Lot 11 interjected that There were comments about the area. Mr. Golden said it is an older area of the City. Mr. An~unziato wanted to amplify a point made by Mr. Golden. He said there a~e lots of reasons for expanding the commercial zone in this ar~a, but he thought the real underlying issue here was whether or not it was desirable. There is a rather small number of single family homes. Expanding the commercial zone ~orth of it would result in an enhanced level of degradation on ~hose homes. It would be bringing the commercial ~ses further into this sort of isolated single family a~ea. Mr. Ann~nziato sta~ed that the Planning Department did not think that was desirable. If it is determined by the Board that this is a reasQnable and desirable change of land use to square off the zoning boundary, Mr. Annunziato said it would obviously still carry those same problems, only to a greater extent, because they wil~l be spli%ti~ng a home on the east, and it also was not ser'iously recommended. If you look to the back lot line, where the restaurant is, and the back lot line of where they are permitting the doctor to expand, Chairman Trauger said it is almost a straight line. TO bring the commercial back, they would have an ~deal line through there. Mr. Annunziato responded, "except f~r the impact it would have on the single family homes." If that were to go through, Chairman Trauger said a wall would have to be put up in back of that. Mr. Annunz~ato confirmed that wherever commercial property is develQped along the north lot llne, there would have to be a wall. Mr. Golden believed there would only be a ten foot separa- tion. Chairman Trauger informed Mrs. Huckle that someone is occupy- ing the house now. Dr. Jackier asked if they would also be aggravated by piecemeal rezoning if they did this. Mr. Annunzia~o answered affirmatively and said this was similar to the s~tuat~on that evolved around Gulfstream Lumb~r. Chairman Trauger commented that the City has been deterior- ating all along Boynton Beach Boulevard. The R1AA p~rcels have become Commercial all along that strip. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Ryder reminded the Members that a study is going to be made as to what the future should bring with regard tD further development on Boynton Beach Boulevard. He said it is Area 36 in the Comprehensive Plan, and there are specific questions about extending commercial zoning along the thoroughfare. It appeared to Mr. Ryder that the Boar~ would be, in a way, thwarting the possible efforts that wil~ be made to come up with some reasonable development. After further discussion, Mr. Annunziato cautioned th~ Board on basing their decisions on this action on the potential outcome of the study. He thought the application should be evaluated on its merits. Mrs. Huckle aske~ if this application would be part of th? moratorium. Mr. Annunz~ato answered, "No," and explained that it was filed previous to the moratorium. Mr. Ryder noticed mention was made that it is only 50 feet, and it does not conform presently, but it did at one time. He commented that it would need permission from the ~oard of Adjustment, and they would probably get it, because Now else would they be able to use the land. Mr. Ryder noted~ention was also made that it possibly would be difficult to get someone to build there because i~ is close to a commercial area. However, by going with this, they would be ta~ng a commercial area and putting it next door to an existing owner that has been there all along and never expected to ~e next to a commercial area. Mr. Annunziato added that the property was purchased under its current zoning in 1978, as shown by the deed in ~he report. He said perhaps the proper ownership of the!property lies with the property owner to the north, and added that they could look at it that way. Mrs. Huckle asked whether Mr. Dutch owns Lot 2, across the street. Mr. Golden answered that he owns Lot 1. Lo~ 2 is o~ned by MPL Associates on the tax record. Mrs. Huc~le said Mr. Golden kept alluding to Lot 2 for purposes of squaring off, and she wondered if that was what that recommendation was. If it was not a part of the application, Mr. Annunziato was sure there would be an application soon, if this was approved. Mr. Blanchette realized the existing jagged line that they have was because they did go around houses on the C-l, but to straighten that line parallel to the right-of-way ~ould involve about five houses. He was saying going all ~he way w MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 to the M-1 line. Mr. Blanchette clarified that he was talk- ing about the irregular line that they have now that extends from the M-1 line to the east and jogs around those houses. If they take C-1 all the way back to the M-1 line, he asked if that would take about five houses. Mr. Annunziato answered, "Yes." He said that could occur, but a change of that portion should more likely occur as a result of the Comprehensive Plan Change. Mr. Blanchette expressed that he hates jagged lines, and there was a problem here that would make it more jagged. Mr. Golden pointed out that the separation between the wall and the home would be about 12 feet. Walter Dutch, 240 Southland, Palm Beach, Florida 33480, said he owns Lot 12. A woman that was with him passed out exhibits. Mr. Ryder stated that Mr. Dutch owns Lot 12 and a portion to the north. Mr. Dutch confirmed that but said there was a question about the split lots, and he thought that needed to be clarified. Mr. Dutch referred to the exhibits that were passed out and said one map showed no markings on it. Mr. Raymond Dumond filed that plat twenty or thirty years ago, and then he decided to develop it. When Mr. Dumond decided to develop it, Mr. Dutch said Mr. Dumond decided 95 foot lots were too big, so he subdivided his lots, split them (part of one and part of another), and made approximately 70 foot lots and, as a result, where he had six lots before, he now had eight lots, so all of the lots in Deierl Park were not developed in that area as they were platted, but as the platter deve- loped them. That is how the splits came. Mr. Dutch had picked up all of the current deeds to all of those properties, showing all of the splits, if the Members were interested. He said it has been this way since Mr. Dumond platted the property. When Mr. Dumond developed the property and changed from the smaller lots, Mr. Dutch said Mr. Dumond made the south 50 feet of Lot 11 part of Lot 12. Mr. Dutch acquired Lot 12 in two acquisitions, including the south 50 feet of Lot 11, so he now has the one p~rcel of Lot 12 and the south 50 feet of Lot 11. His opinion was that when the zoning was prepared, the zoners or map makers failed to recognize that the lots had been split differentl~ than they were platted. Had the zoners and map makers recognized that, they certainly would have zoned the south 50 f~et as part of Lot 12. - 10 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Dutch said his property has been split by zoning, and the south 50 feet of Lot 11 is a nonconforming lot (R1A). R1A requires 75 feet, 25 foot front and rear setbacks, and 12 for the sides. The property does not conform to the zoning that is placed there. It is undevelopable and unuse- able. Therefore, Mr. Dutch said the governmental body has taken that piece of property away from him. He cannot use it. Mr. Dutch's request was that the Board ~put him together again" instead of splitting him down through with a ~eparate zoning. He asked that it be moved over where it should have been. Mrs. Huckle questioned whether Mr. Dutch did not know he was being split when the zoning was applied. Mr. Dutch did not It was a question of where the line was. The map at th~ City Hall has s~nce been revised, but, at that time, the map was very va~ue. Until a couple o~ months ago, Mr. Dutch did not know specifically because he ~ad never seen the new map. Then he decided that he better clean it up. Mr. Dutch stated that it has probably ~een there for quite awhile, but he was not aware of it. Mr. Dutch gave each Member a copy, and read paragraph 5 g, Section 3, from page 1896 of the Boynton Beach Code. He said he is going through a remedial process of curin~ a piece of land that has been damaged by what he thought was probably governmental error. Mr. Ryder brought out that at one time, the lot was conform- ing. Mr. Dutch recalled that 60 feet had been the minimum, and he thought it was now a 70 or 75 foot front. When Mr. Dumond developed it, it was moved back over to 50 feet, so Mr. Dutch did not believe, at any time, it would have conformed to any zoning in the City if you tried to ~emove it from Lot 12. Mr. Blanchette asked how close the lot is on Lot 11 ~o what would be the zoning line if the City zoned that 1/2 of a lot. Mr. Dutch replied that the south line of the nearest lot north is 13 feet from the lot line. He had it surveyed prior to this. Mr. Blanchette asked what the proposed property they were talking about would be used for. He wondered if it would be an extension of the commercial pro- perty that is on the south of it. Mr. Dutch answered that it would be connected to and part of the property fronting out to Boynton Beach Boulevard. In effect, it would make the commercial lot larger. It is almost a minimal lot now for good commercial development. 11 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 If they add another 3,700 square feet to the front lot and make it more commercial, Mr. Dutch said they can design a better building, use more adequate setbacks, more landscap- ing, and still comply with the parking requirements and land use requirements. Adding to the front will make a better commercial lot, which Mr. Dutch thought was the desire of the City Commission for Boynton Beach Boulevard. Mrs. Huckle asked if Mr. Dutch had an interest in de~eloping this himself, or if he wanted to make it more salablE. Mr. Dutch.replied ~hat.he has no plans to us? the proper%y~ for anything at this t~me. He is simply trying to heal ~he property. This was called to Mr. Dutch's attention when someone came to him, wanted to buy his lot, but said he (Dutch) had a problem. Mr. Dutch went to City Hall, · nvestigated, and there was a problem, so he denied ~he sale and is not making any attempt Co sell it now. He just wants to cure the property. Chairman Trauger asked if anyone wished to speak in ~avor of the proposal. There was no response. Chairman Trauger asked if anyone wished to speak in opposition to the proposal. Susan Ivey, 317 N. W. 7th Court, did not want a wall 13 feet from her house. She informed Mr. Ryder that they ha~e grape- fruit and tangerine trees on the side of their house_ Two orange trees ire on Mr. Dutch's property. Mr. Ryder asked how far Mrs. Ivey's trees were from her property line. Mrs. Ivey said it was not far. When they purchased their house in November of 1985, Ivey said Wendy's was not there. They had two overgr empty lots. Wendy's came, and the traffic down that end street increased. You can hear the outside micro for Wendy's as clear as a bell. There is a house adj to Wendy's that is now vacant. Mrs. Ivey does not kn owns it now, but it has deteriorated. Trucks and car in the empty lots. People eat and socialize there, a lots are constantly covered with litter, paper cups, beer cens. No effort has been made to clean the lots Intoxicated transients are in the empty house, and Mrs. said it is really frightening. ~wn dead phone ~cent ~w who s park md the and up. Ivey Mrs. Ivey continued that people trying to get into Wendy's think N. W. 7th Court ~s a through street, and they~are constantly turning around. Mrs. Ivey gave the Board a letter, signed by the owners of five properties, which - 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 objected to this request. A copy of said letter is attached as Exhibit D to the original copy of these minutes in the City Clerk's Office. Mrs. Ivey said the people realized that the proposal was for both lots to be zoned for business, and they want to keep that from happening. The people are afraid of what ~ business on either side of their street will do to them when ~ business that is now there is affecting the subdivision. Mr. Ryder asked Mrs. Ivey how old her house is. Mrs. Ivey answered that the house was built in 1959. She believed it was the first one that was built on that street. Mr. Ryder asked if Mrs. Ivey was aware of the status of the vacant property. Mrs. Ivey answered that they knew it was ~esi- dential. Mrs. Huckle advised that the corner proper~y was zongd commercial when Mrs. Ivey bought there, and sh~ asked if Mrs. Ivey was aware of that. Mrs. Ivey answered, "Yes", but she and her husband thought the other section was resi- dential and that if anything was built, the walls woqld be that much further away from their house and would seOlude them from the business. Mr. Blanchette asked if the thing Mrs. Ivey was afraid a fast foods chain might be built on the lot. Mrs~ Ivey replied that they probably would not be opposed ~f t~ey could have a say about what kind of business went in there, or if they knew it would be a Monday through Saturday, 8:00 to 5:00 business. Mr Blanchette said a lot of thos~ that Mr. Dutch mentioned c~uld happen at that point, and Mr. Dutch did say that it would be landscaped beautifully. If that parcel of land is commercial, Mrs. Ivey said 13 feet is not a lot of feet. (The wall would be 13 feet from her house.) Mrs. Ivey said all she could do was voice t~e majority of the property owners' opinions. They are con- cerned about the condition it is now (the vacant lots and house across the street). Mr. Ryder said the Board ~ould not give them any assurance ~f what the u~e ~°uld be~ In the event of a change in zoning, any permissive use in that zoning would be possible. Mrs. Ivey said N. W. 7th Court only has ten houses. Half of them are residents, and the others are rented. Mr. ~utch interjected that there are 12 residences on the street now. Except for those people that are away, Mrs. Huckle asked if Mrs. Ivey was able to get a signature from everyone %hat opposed it. Mrs. Ivey answered affirmatively. Mrs. Huckle - 13 MINUTES -PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 wondered if anyone on the block encouraged this. Mrs. Ivey answered that everyone encouraged her, and she explained. Mrs. Buckle clarified that her question was whether any neighbors were in favor of Mr. Dutch's rezoning. Mrs. Ivey replied, "None," and confirmed Mrs. Buckle's statement that they were all opposed to the applicant's request. Their concern is that deterioration will move in a northward direction. When .Mrs. Ivey moved into the neighborhood, everyone seemed to be very nice, but they have gotten very grumpy. In the event that Mr. Dutch is not able to attain a rezoning, and he has a piece of property that is so little that it would also abut C-2, Mrs. Huckle said that property oould just sit there. It is non-conforming and anyone trying to build, even if they got a variance, might not like t~e idea of being up against commercial, and that would leave the property owner with unuseable land. Mrs. Huckle asked Mrs. Ivey if she would want to purchase additional land from Mr. Dutch. Mrs. Ivey answered that they would certainly sit down and talk "turkey". Mrs. Huckle pointed out that it WDuld give Mrs. Ivey a buffer, and she thought that would be preferable to a six foot concrete wall and a commercial development. If this property is developed as it is now and that ~0 foot buffer is between Mrs. Ivey and her house, Mr. Blanchette said Mrs. Ivey could have the same problem with litter. If a wall was there, they would not see it. A portion of that yard looks like her yard, so Mrs. Ivey said she is forced to keep it up because of pride. In reference to getting the lots cleaned, the noise down at Wendy's, and the vacant house people are using, Chairman Trauger told Mrs. Ivey to go to the Building Department and talk to Bert Keehr, Deputy Building Official, Mrs. Ivey said the neighbors have made numerous phone calls. Someone goes in, mows the lawns, but nothing is done the next day. Mr. Annunziato was sure the Building Department responded, and response is occurring, but added that it takes time. Mr. Annunziato read Exhibit D into the record. Charles Holt, 415 N. W. 7th Court, said Robert Panucci, who lives beside him, has one of the newer houses that was built around 1975 or 1976. Mr. Holt has owned his property for about nine years, and he and Mr. Panucci (409 N. W. 7th - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Court) have their properties for sale. Mr. Panucci's house has been for sale for about a year, and he is having a very difficult time selling. Mr. Holt has had his house for sale since December, and he has not had any decent offers. Mr. Holt said he and Mr. Panucci are more interested in what is happening to the end of the street and the two lots Mr. Dutch owns there, and they are also interested in op~ning the street up because traffic comes down. Mr. Holt has a circular driveway, and a lot of times people have run over his mailbox and torn his hedge down. Mr. Holt emphasized that he and Mr. Panucci are concerned, and that he opposed the rezoning the~ were talking about. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mr. Ryder moved to endorse the recommendation of the Planning Department and DENY the request to rezone. Vice Chairman Wandelt seconded the motion, and the motion carried 6-1. Mr. Trauger voted against the motion. 3. Project Name: Agent: Owner: Location: Legal Description: Description: Holiday Inn Charles B. Bland, Jr., P.E. Charles and Patricia Leemon N. W. 1st Avenue at N. W. 4th Street, southwest corner Beverly Hills, Addition 3, Lots 1, 2, 3, 4, 5, 6 and 7, less the southerly 13 feet of Lots 1, 2, 3 and 4, less the west feet of Lot 4, Block 72. Request for an amendment to the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Local Retail Commercial and rezoning from R-lA (Single Family ResIdential) to C-3 (Community Commercial) for the purpose of allowing construction of a parking lot addition for the existing hotel and ABANDONMENT Project Name: Agent: Owner: Holiday Inn Charles B. Bland, Jr., P. City of Boynton Beach 15 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Location: Legal Description: Description: N. W. 1st Avenue, between N. W. 4th Street and Interstate 95 See Exhibit F attached to the original copy of these minutes in the Office of the City Clerk Request for the abandonment of a 50 foot wide local street Mr. Annunziatc's memo dated May 4, 1987, addressed to the Board, was read by Mr. Golden. Said memo is attached to the original copy of these minutes in tbs City Clerk's Office as Exhibit E. The Planning Department recommended that commercialization of this parcel not be allowed and that the application be denied. Chairman Trauger asked how many additional parking spaces there would be. Mr. Golden replied that it was a conceptual site plan. If there was a consensus by the Board for approval, Mr. Golden said they should also consider the abandonment. If there wgs a consensus for approval, he recommended that it be contingent upon the approval of the abandonment, as the two go hand in hand. Based on the original approval of the Holiday Inn, Mr. Ryder thought they had to assume that a number of parking ~paces were added to serve the purposes of the establishment at that time. Mr. Golden said parking requirements for hotels are more stringent now. Since they were asked to co~sider a change in zoning and not to approve additional parking, Mr. Ryder said i~ was easy to surmise that the applicant had plans for expansion, and he thought the Board Member§ had to keep that in mind. Below the hedges on the back, where the houses are gging up to where this abandonment request is, Chairman Trauger asked whether the walls used on the other side of the parking lot would knock out the noise and headlights that would be so objectionable if they put in a parking lot. A vegetation hedge is there right now. Mr. Golden recalled a fence surrounded it. You woul~ have a wall on the south and east sides. Mr. Golden advised that was if they do it as proposed and if the abandonment is approved also. If that does not occur, they could see the situation of commercial traffic in a residential neighbor- 16 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 hood. If the abandonment is not approved, the access to the property would be by the two residential streets. In regard to the abandonment, if this is approved and subse- quently two homes are built, then that can be used for access. Since the City would be making a gift of the land encompassed by the right-of-way because the applicant owns both sides of 1st Avenue, Mr. Ryder asked if there was not a possible City use, such as a lift station rather than abandoning further use. Mr. Annunziato said the Board had come to the issue of right-of-way abandonment, and he did not want to veer away too much from the issue being discussed, which was whether or not it is desirable to extend a commercially zoned parcel that is to intrude into a residential neighborhood. Clearly, Mr. Annunziato said there is an intrusion. He thought the Board was evaluating whether or not it is a desirable change in land use and if it is .or is not, what the effect will be on the neighborhood. Mr. Annunziato said it was the Planning Department's opinion that it would not enhan=e the livability of that neighborhood. Mr. Ryder recalled that he opposed this years ago. He did not think it was enough room, and he did not think iQ was safe because it was practically on the off ramp of I~95, and it would impact on the residents. Mr. Ryder thought it could be exacerbated by changing the zoning to permit an expansion of possibly the hotel. Charles Leemon, 501 West Ocean Avenue, requested that the Board concur with the request. He pointed out that ~e brought with him their Engineer, President of Operations, General Manager, and the rest of his family. Mr. Leemon said the parking area they were requesting would be adjacent to their building on the south side, and they have had many requests from their older clients to get close to the buildiag. He knew Mr. Ryder recommended that they have parking in front of the building, and they finally worked it out, but it is quite a distance for people to go through the commercial building and arrive at their rooms. Mr. Leemon said their request would certainly help and enhance the opinion of Boynton Beach by the clients Of the Holiday Inn. Mr. Leemon said they developed an artist's conception of what the parking lot will look like, and it does not get onto - 17 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 the public streets. They will do heavy landscaping and will do it up right because he lives next to it. Mr. Leemon said they will even limit the height of vehicles that go there. It will be restricted strictly to the room guests. Their research showed that between 9:00 P. M. and 10:00 P. M. is usually the last check-in of their hotels, so trucks and vans will not be there. Mr. Blanchette asked i~ they have an overflow into t~e park- ing lot now, so there is no accessible parking after a certain time. Mr. Leemon answered,."No," but said t~ey have an extensive length of walk for their guests. The average age of their guests is probably ten years older than the normal Holiday Inn. They were unaware of that when ~hey built the parking lot. Mr. Blanchette asked when they have the most cars there at one time. Mr. Leemon said it was at breakfast time and at 5:00 P. M., when the Early Bird is on. Mr. Blanc~ette determined that the restaurant was the r~ason they might have an overflow of parking at any one time. Mr. Le~mon ~pprised him that they have not had a problem with parking.~ Mr. Blanchette asked if it was that people would have to walk too far. .Mr. Leemon answered affirmatively and added, "iespecially when they are e%derly." Mr. Blanchette cDuld mot understand why the applicant needed more parking, other tihan making it more convenient. Mr. Leemon hoped it Nould ~e consistent with other Holiday Inns and said they try to keep a first class hotel here. They followed the requests of their guests. It is tantamount to action when they g~t s~veral requests on the same item, and they know it a need. Mrs. Huckle questioned whether the depth of the proposed parking lot would create an additional lengthy walk. Mr. Leemon answered, "No", and informed her that the room build- ing is adjacent to that area, and that would shorten up the walk. The end of the proposed lot would be 17 feet,but that would be closer than the closest parking lot. Mr. Leemon agreed with Mrs. Huckle's statement that it w~s because they walk through the dining room, at the top of the hill. Mr. Blanchette heard something before about traffic qccurrlng on another street to the south of the parking lot, a~d the site plan did not show any openings on that. Fir. Le~mon's son, Charles Leemon III, gave renderings to each Member. - 18 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Dr. Jackier asked if valet parking would solve the problem. Mr. Leemon replied that Holiday Inn guests want to park their own cars. Vice Chairman Wandelt asked if Mr. Leemon planned any expansion to the hotel or restaurant. Mr. Leemon hoped eventually to develop the property more, but it was not in the near future. Re asked the Member? t? notice on the rendering that all traffic was kept w~thln the hotel, and they plan to restrict the parking where the arrows were to limit it to small vehicles. Mr. Ryder asked what happened to the emergency gate they could have. Mr. Leemon answered that it is still there. other words, Mr. Ryder said they were not going into 1st Avenue at all but were going directly into what is the abandoned area. In Mr. Leemon apprised the .Members that their lawyers told them homeowners own to the middle of their streets. The property that is abandoned is really owned by the people that own the property adjacent to them. Mr. Leemon recalled Mr. Ryder said something about a gift of the property. Mr. Ryder responded that everyone has that, but they do not dare to build there. Charles Bland, Professional Engineer licensed in the State of Florida, Grand Junction, Tennessee (near the headquarters of Holiday Inn) wished to address the Board in a technical nature in the form of a rebuttal to the report that the Planning Department put in front of them. He asked that the site plan be displayed on the screen. Mr. Bland said their Attorney, David Centola, told t~em that there is a format to add to this rezoning that has a restrictive covenant which does lend the use of this lot to ~arking. Attorney Centola told them this afternoon that he poke to the City Attorney, and there is a method to do this. Mr. Bland wanted to emphasize that it was Mr. ILeemon's sole intent only to use this ~rea as a parking lot, and he wanted to deemphasize any potential use that might ceme with it by use of a restrictive covenant, which was contrary to the report to them that it is possible. Mr. Bland just wanted to tell the Board what Attorney Centola told ~hem, after speaking to the City Attorney of Boynton Beach. Mr. Bland also wanted to bring to the Board's attention that the abandonment issue was important because, if the - 19 MINUTES - PLANNING & ZONING BOARD 80YNTON BEACH, FLORIDA MAY 12, 1987 abandonment was granted, that would give them the ability to restrict the traffic to within the wall and the parking lot. If the abandonment was not given, they would have the possibility for the traffic to spill out into the residential neighborhood. If the abandonment was granted, Mr. Bland said they would have the opportunity to keep the traffic well within the Holiday Inn property, where the ingress and egress is to Boynton Beach Boulevard. Mr. Bland reminded the Members that it would help, not hinder, to grant the agandonment. Mr. Bland wished to address a number of items that might be construed to be a detriment to the parking lot and t~ll why they are not. He called attention to a photograph t~ey had showing the two lots as they now exist. The Members|could see there was some form of fence there now, and Mr. ~l~nd stressed that it is an attractive fence, all encompassing, and contrary to What the comment about the fence was~ in this case, Mr. Bland said the fence abutted Mr. Leem~n's own personal residence, and he had no object~ons to the ~ence. Mr. Bland informed the Members that the fence does cqme into the property of one neighbor to the west. He also s~id %here will be no trucks because it will be physically. · mpossible, b~ virtue of the design, for trucks to get back into the parking lot. There will be no loading and Unload- lng in th~ area because the kitchen and the seating ~reas are well away from it. They are on the Boynton Beach Boule- vard side of it, and there is no changing %hat. The dumpster is also on the Boynton Beach Boulevard side of the building, and there is no change there. Mr. Bland said the parking l~t lights will be a low light; they will not create unbecoming glares, and they will be in a softer version, consistent with what.is required for park- ing lotS. The bigges~ no~se in the neighborhood will remain, and that was its proximity to 1-95 and the off ramp ~hat is there. He thought that was the biggest objection. For understanding, Mr. Bland reemphasized that the parking lot does allow guests who have rooms at the souther~ end of the building to get into the building from therein. Other- wise a person, as is the ca~e now, might well have to park to the extreme right-hand sade of the chart, walk all the way through the commercial building, down the little walk- way, and into the elevator to get into the building. The walking distance will be short. 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Bland also wanted to address the fact of whether or not the lot is economically desirable as development into single family residences. It was obvious to him, and he thought every one else, that the closest lots in the neighbor- hood to the hotel were the two lots they were talking about now. Mr. Bland did not think anyone would want to build a house that close to a hotel. Mr. Bland thought it would be helpful for the Board to know that Mr~ Le~mon has spent over $100,000 fixing up the house that he lives,in, so he thought Mr. Leemon was there ~o stay in a residential mode. He felt it would be a mistake to . assume that Mr. Leemon had any plans to add commercial zoning to this. When the Planner gave his summary to the Board, Mr. ~land said he (Mr. Golden) accurately stated that they could build a case either way for this piece of property being rezoned. Of course, the Planner has the idea of trying to kee~ it in a residential use. While the Planner's s~m~ry was correct, for the very reasons the applicant wants to change the zoning, Mr. Bland said the reasons will protect the resi- dential character of the neighborhood. Mr. Bland continued that the fence they will build will be attractively landscaped, and will act as a buffer to lights and noise. They will do many things to improve the neighborhood and not detract from it. Mr. Bland did not think Mr. Leemon would make th? investment in the residence he has if he thought that parking lot was going to be bad for his neighbors and him. He also pointed out that Leemon's hotel manager lives on the lot to the extreme right-hand cut out, and he has been a good neighbor.a~l of ~hese years. They want to and intend to be go~d nelg~bors, and Mr. Bland said the rezoning will help towards tha~ end. If this is granted, Mrs. ~uckle thought there would bD an abundance of area in the old parking lot. She asked if there was any anticipation that would serve any other purpose. Mr. Bland assumed Boynton Beach was a growing community and t~at, at some point, there will be an expansion of the Holiday Inn, if it is at all possibl~. What expansion that would occur would not occur in this d~rect~on but would occur ~n the d~rectlon of Boynton Beach Boulevard. Mrs. Huckle again commented that there is a lot of la~d there. If the parking lot is approved, it will leave a lot 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 of space. Once again, Mr. Bland said the expansion would be on the commercial land and not on the other. Chairman Trauger read a petition that was handed him, signed by 35 neighbors, who were in oDposition to the request. A copy of said petition is attached to the original copy of these minutes in the City Clerk's Office as Exhibit G. Chai.r~n Trauger asked if any one wished to speak in favor of the proposal. There was no response. Chairman T~auger asked if anyone wished to speak in opposition to the 'proposal. Earle Waters, 416 N. W. 1st Avenue, said his house w~s ~ ~-~ 1-~8,-~en t~-~t-~s s~ a dirt road. He got a petition from the landowners that they would agree to pay the City if the City would pave the road. Mr. Waters believed this was spot zoning, which the ~ity has always been opposed to. The Holiday Inn has spread ~he word that this is needed for a parking area, and the neighbors think that is not true. Mr. Waters went there for dinner one Sunday night and waited to be seated. The Clerk at the desk told someone they had one room left. Mr. Waters said there were still pa~king spaces outside. If they need the parking bad enoughr Mr. Waters said the applicant has two or three lots on Boynton Beach Boulevard. When the zoning was changed on N. W. 1st Avenue so t~ey could run the hotel from Boynton Beach Boulevard to 1st Avenue, Mr. Waters said there were three stipulations set up by the City Commission, and he guessed the applicant agreed to the stipulations because they got the zoning. One stipulation was that there would be a six foot wall ~round all their property. This was not done on N. W. 1st avenue. There is a wire fence. The second stipulation was that they would start building at a specified time. They did not reach their deadline, but being good neighbors, Mr. Waters said the neighborhood did not find fault with them. The third stipulation was that they were not to have ingress or egress on N. W. 1st Avenue to their property. No~ they want the neighbors to sell them the third one, and the neighbors have no intention of sitting by and letting them do that. Mr. Waters said that would take away all of the three stipulations laid down by the City Commission in order to rezone that to co~unercial. - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Waters said the Holiday Inn is not too particular as to how they do business, because he suspected that their hotel is renting out the duplex, which is located on a lot zoned for houses only. Ed Cohen, 511 West Ocean Avenue, stated he is Mr. Lee~on's next door neighbor and the owner of what kept being ~eferred to as "that other house". He felt left out because he found out a lot of neighbors got letters about this hearing, and they who are adjacent to the supposed parking lot received no notice. Mr. Cohen takes the Post and Sentinel and never saw the legal notice. Only because their neighbors told them about the meeting was he here at all, and he felt he probably was the ~ost concerned of all the neighborimg properties. Mr. Cohen thought it was well-known that Mr. Leemon bought o~e of the proposed lots involved in the parking lot very recently, and he bought it as a residentially zoned ~ot. Mr. Cohen did not know ~f Mr. Leemon bought the entire p~operty for the purpose of rezoning, and he did not think so; but, h~ving bought this, Mr. Cohen did not think there was any reason to change the zoning on the lot which was so recently purchased. When Mr. Lee~n said this was just going to be a parking lot, Mr. Cohen believed him, but he said to suppose Mr. ~emon sells the property tomorrow. He sold another hotel qery recently, and the~e things transfer. Once it is rez~ned CL3, Mr. Cohen sa~d they w~ll have no control whatsoever ~ver what is done in that parking lo~. The neighbor~ do ~ot like the idea of bein? next door, adjacent to a parking lot. Parking lot stories are in the newspapers every month, although Mr. Leemon was sure they would have securi%y, etc. Mr. Cohen told of having his car ripped off while traveling and said there is no way to have protection. He sai~ it would afford an easier way into his home, and he was con- cerned. Mr. Cohen bought his house in November. Helooked for a nice area with nice neighbors and a quiet street. ~e is at the end of a dead end street, and he feel= ~ike his back yard is private. Mr. Cohen thought this could very easily go by the B~ards with a pa~king lot and an additional commercial use next door to h~m. if that goes commercial, he said he wo~ld try to make his house commercial and turn it into a ~usiness. Mr. Cohen said he might as well or move somewhere else. - 23 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Cohen said the neighbors feel their property must deteriorate substantially in the entire neighborhood, and he elaborated. They like the way the neighborhood exists, and it would be most unfair if the Board would change something that has existed, that they relied on to exist. They have a buffer zone between them and commercial property, and it should remain that way. Mr. Annunziato said the notice issue may be due to th~ fact that Mr. Cohen was a recent purchaser, and the notice may have gone to a previous property owner. Mr. ~ohen exclaimed that was six months ago, and they are now registered ~oters. Mr. Annunziato explained that there is a list of property owners shown on the last tax roll, which is used as a basis for mailing. ~alerie Brooks, 434 N. W. 1st Avenue, said when the p ~b---6~gh--~-~ ~r~-~e~o~, ~-~wa--~--~-~idential, and he aware of this. She thought the property was bought w plans ahead to change it, and that was the reason the chase was made. The houses of the residents of the hood are small, but they are kept clean. They would keep it as a quiet, residential area without spot zon They went through this when someone wanted to put in minium, and Ms. Brooks hoped they would not have to g through it again. ~operty ~a s [th pur- ~ighbor- like to lng. condo- There being no one else who wished to speak, THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle did not really see a compelling need for parking. Maybe it would be more ~onvenient for the g of Holiday Inn, but to invade a slngle family neighbo for the commercial use was contrary to the Comprehens Plan and contrary to the intent of the City Commissio citizens of the City have, for the most part, endorse family residences and neighborhoods, and Mrs. Huckle the continuity of such families was of uppermost impo to the community. She stated she would not like to s invasion of commercial property into the neighborhood :he lests ~hood [ve ~. The ~ single )elieved ~tance ~e the Mr. Ryder said the City Planning Department's report referred to the fact they would be voting on a change of zoning to C-3. The gentleman who represented Mr. Lee~on said he understood that was not so. As far as Mr. Ryder knew, the request had been changed to C~3. He told t~e applicant the City has a zoning classification where it is possible for ~he City to lock in its use, but he was ~ot 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 aware of any provision in regard to what they were con- sidering, and that was a change to C-3. Vice Chairman Wandelt agreed with Mrs. Huckle. Motion on Land Use Element Amendment and Rezoninq Mrs. Huckle moved that the Board concur with the reco~enda- tion of the Planning Department and DENY the request of Holiday Inn for an amendment to the Future Land Use Plan amd to deny the zoning from R1A (Single Family Residential) to C-3 (Community Commercial). Mr. Ryder seconded the motion. Motion carried 7-0. Discussion on Abandonment Chairman Trauger asked if there was any more discussion on the abandonment. Mr. Annunziato wished to expand on what the Members read in the report. There was a recommendation that perhaps the 50 foot right-of-way could be abandoned if the entire right-of-way was converted to an easement. Mr. Annunziato told the Members to realize that every major utility in the City crosses 1-95 at this location. This afternoon, Mr. Annunziato had a conversation with a repre- sentative of the Utilities Department concerning what is meant by doing that. If it were abandoned, it would still have to stay open and accessible on a 24 hour a day basis because at any time, you can have damage to a major feeder, which would affect half of the City. The City Engineer suggested this can be abandoned if the entire right-of-way is converted to an easement. In retrospect, Mr. Annunziato thought it made sense to have the street not in street form. At some time an the futur~, it may be developed as a street, but it will always be open as a street for access to those utilities. Based on conversa- tions he had with the Utilities Department, Mr. Annunziato's recommendation was that the abandonment not be approved. Mr. Ryder asked about access, in the event they would have two single family homes. Mr. Annunziato thought the road could be built. However, the road would always be open to access those utilities. Mr. Ryder pointed out that the road would only go to the houses and not beyond that. If houses are built, fronting on 1st Avenue, which is a potential, Mr. Annunziato explained that the street can and should be built. However, it will be a street always open to access by the - 25 - MINUTES - PLANNING & ZONING BOYNTON BEACH, FLORIDA BOARD MAY 12, 1987 utility companies, whereas, if it is abandoned, always be the question as to whether or not how used would meet that criteria. there will it is being For an example, Mr. Annunziato asked whether a wall would be across the street, and whether it would be landscaped, etc. He thought that could be a problem when they are talking about the main corridor for utilities crossing through the ~ity of Boynton B~ach. There is the water main, sewer main, outhern Bell, main gas feeders, and Mr. Annunziato ~elieved the power is there as well. He reiterated prior statements. Mr. Annunziato told .Mr. Ryder he felt it could be used as a street because they can always tear the street up without having to ask the property owner for access to his property, even if it is an easement. He agreed with Chairman ~rauger that the street would be about 150 feet long. Chairman Trauger asked if the applicant wished to present anything further on this. Mr. Bland thought it should be emphasized that the utility companies have no objection to it, if it can be made in the form of an easement. If it is all right to have a street there, he felt it was all right for Mr. Leemon to own both parts of it. Mr. Leemon owns the property on both sides, is willing to agree to the easement, will provide 24 ho~r access to it, and Mr. Bland said there will be no reason, other than supposition, to believe that Mr. Leemon would do anything to prevent it. Mr. Leemon would be the last person who would want a crisis that close to a development that is worth $7,000,000 or $8,000,000. Mr. Bland elaborated and repeated prior statements. Mr. Ryder asked if they were considering a change in owner- ship at this point. Mr. Bland answered, "No." Mr. Annunziato interjected that Mr. Leemon suggested earlier that the property owners own the center on the street. He thought what he was referring to was the fact that if a street is abandoned, State law requires that it be split down the middle, and each side would gain fee simple owner- ship of the land, and it would disappear as a dedicatsd right- of-way. Mr. Ryder wondered how that would work with the easement. Mr. Annunziato guessed what would be suggested was thRt the applicant said he would turn around and give the City back a utility easement. Mr. Bland confirmed that was correct, 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 and added that would allay the fears of all the utility companies. Mr. Annunziato did not think it would allay the fears of all the utility companies, based on the conversa- tion he had this afternoon with the Utilities Department. They were very m~ch concerned with any kind of development that would interfere with the ability to access. Mr. Bland argued that the utility companies ~de the state- ment that they could live with an easement, if that was the way it came o~t. Mr. Annunziato agreed that they made the statement but, based on what the plan showed, he did not think they would be happy with it. Chairman Trauger asked if anyone else wished to speak in favor of granting the abandonment. There was no response. Cgairman Trauger asked if a~yone wished to speak in opposi- tion to the abandonment. There was no response. THE PUBLIC HEARING WAS CLOSED. If the property owner owns both sides of that street, Mr. Blanchette asked why the City should attempt to put a street there that would go no place but to the end of the right-of- way. Mr. Annunziato answered to serve the two lots and the two property owners. If the property owners wanted the street, Mr. Blanchette knew they would have to access them. Mr. Ryder advised that a street would not go in otherwise. It would remain the wa~ it is now. Chairman Trauger wondered who would want a street in there. Mr. Walshak asked if they could tie an easement to the approval of this. Mr. Annunziato answered affirmatiVely. Mr. Walshak questioned whether it was legally admissible this instance. Mr. Annunziato replied, "Absolutely." Motion on Abandonment Mrs. Huckle moved to DENY the application for the abandon- ment of N. W. 1st Avenue (a 50 foot wide local street) bet- ween N. W. 4th Street and 1-95, requested by Holiday Inn. Vice Chairman Wandelt seconded the motion, and the motion carried 4-3. Mr. Blanchette, Chairman Trauger, and Mr. Walshak voted against the motion. The abandonment was DENIED. THE BOARD TOOK A BREAK FROM 9:45 UNTIL 9:58 P. M. - 27 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 SUBDIVISIONS PRELIMINARY PLATS Project Name: Agent: Owner: Location: Description: Hunters Run Tract I Greg Fagant P. E. Summit Associates, Ltd. West side of South Congress Avenue, between the LWDD L-28 and L-30 canals Request for the approval of the construc- tion plans and preliminary pla~ which pro- vides for the construction of Infra- structure improvements to serve 86 units at Tract I of the Hunters Run Plan~ed Unit Development Mr. Golden said the site plan for Tract I was approve January by the City Commission. This was one of the site plans to come through that fell under the new Co hensive Plan requirements, and Mr. Golden explained. plat submitted did not.address any of those items. T construction plans of the plat, which includes an int part of the drainage s~stem, was not addressed. In a tion, there was a comment from the City Engineer stat that the drainage plan did not meet the requirements subdivision regulations. The Planning Department rec mended that this item be TABLED. ~ in ~irst npre- The .:gral ~di - lng ~f the Mrs. ~uckle moved to TABLE this item until the n~xt r~gular meeting. Chairman Trauger thought they should first ~ear from the applicant, and asked if he agreed with the r~commen- dation. Charles N. Gilbert, Architect, Summit Associates, Ltd., 2500 Clubhouse Lane, understood and said they cRn always resubmit it. V~ce Chairman Wandelt seconded the motion, and the motion carried 7-0. 2. Project Name: Agent: Owner: Location: Legal Description: Description: Blum Plat (Lakeside) Walter A. Cornell, Inc. Pal~rs Development Corporation North of Old Boynton Road, East of 10th Street N, Wo Blum Plat (Lakeside), Sec. 20, Twp. 45 South, Rge. 43 East, Palm Beach County, Florida Request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure · mprovements to serve a twenty-four (24) lot single family subdivision - 28 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Golden said this request was approved in January, 1986 by the City Council. The applicant received an extension on the preliminary plat, and a final plat was never submitted within that time frame. Over time, things changed, and the plat was resubmitted. The applicant addressed some of the comments from the previous submittal. The TRB recommended approval, subject to staff comments attached as Exhibit H to the original copy of these minutes in the City Clerk's Office. Mrs. Huckle raised a question about the abandonment. Mr. Golden explained that it was contingent upon the construc- tion of the new road and the relocation of the force main. So long as the abandonment is conditioned upon the replatting of the property, Mr. Annunziato told Chairman Trauger one could argue that even if a Resolution was approved for abandonment, that Resolution w~as not effective u~%il the plat was approved. The corridor is open as a u~ility corridor, and it will not be a utility corridor once the plat is constructed because the utilities in that corridor are changing to the streets. Mr. Annunziato informed Mrs. Huckle that the Board acted on the abandonment. Mrs. Huckle knew they did, but Chairman Trauger had brought up a question she had.as to whether the abandonment was ~till viable. Mr. Annugzlato thought it was. Mrs. Huckle pointed out that the map stall showed abandon- ment. Since they did not do anything with the other part, Chair~n Trauger questioned why the abandonment would not die with it. Mr. Golden explained that the applicant never followed through on the conditions of approval. Once they do that, that will set the final mechanism in place. Kevin m. Cornnell, of Walter A. Cornnell, Inc., Consulting Engineers & Surveyors, 22 Southeast Fourth Street, Boga Raton, Florida 33432, said the reason the plat was s~alled was because the original engineer is no longer in the area. He was told by Tom Clark, C~ty Engineer, that the abandon- ment was never recorded, but it still stands. Mr. Cornnell said it is their intention to proceed with the abandonment as part of the plan. Mrs. Huckle asked if he meant he was going to make a request for abandonment 9ver again. If Mr. Cor~nell was not mistaken, the request for abandonment was still valid, but the City has not recorded it because.it is contingent upon the approval of the plat. Mr. Annunz~ato stated that th~ City will check on the status of the Resolution. 29 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Chairman Trauger asked if Mr. Cornnell understood all of the staff comments. Mr. Cornnell had not read them all, but he talked to the City Engineer about the drainage concerns and was willing to agree with those concerns. Chairman Trauger asked if he ~as willing to accept all staff comments as presented. After discussion, Mr. Cornnell read the staff comments. Mr. Annunziato recollected that the Resolution was approved, but the effectiveness of that Resolution may have been held in abeyance until the recording of the plat. Mr. Cornnell said the staff comments were the type of thing they had talked to the staff about, so he accepted the staff comments. Mr. Ryder moved to approve the preliminary plat, seconded by Mr. Walshak. Mrs. Huckle asked if they should put in a pro- vis,on to follow up on the abandonment approval. Mr. Annunziato said he would find out tomorrow about the status of the abandonment. Chairman Trauger asked if anyone else felt it should be included in the motion. There was no response. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Quantum Park Plat No. 1-A Enrico Rossi Quantum Associates North Congress Avenue, north of N. W. 22nd Avenue, northeast corner Request for the approval of the preappli- cation/master plan and the construction plans and preliminary plat which provides for the construction of Quantum Boulevard between the western boundary of the PID and Congress Avenue Mr. Golden explained that the reason for the combined docu- ment was because the road was part of the preliminary plat for Savannah Square, which never had a final plat recorded. Therefore, the City made the determination that there was no need to go through all those steps just for the roadway. Mr. Ryder was informed that Quantum Boulevard would be a private road. Mr. Golden said it will provide for the westerly extension of Quantum Boulevard from the Planned Industrial Development to Congress Avenue, which will allow them to proceed with their project, independent of Savannah Square. The TRB recommended approval, subject to the staff comments attached as Addendum I to the original copy of these minutes. 30 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mrs. Huckls asked whether it would require signalization. Mr. Annunziato answered that was accommodated in the Develop- ment of Regional Impact (DRI), and he believed it had signalization. Because the plat of Savannah Square did not go forward, Quantum Boulevard ended up terminating where the PID is. Because they both bought their properties from the same property owner, Mr. Annunziato said they were able to negotiate the recording of this plat, which allows for the dedication of the rights-of-way for Congress Avenue and N. W. 22nd Avenue, as well as Quantum Boulevard, so they can build Quantum Boulevard to Congress Avenue. There was discussion. Mrs. Huckle asked if this road would have limited access with gates, etc. Mr. Annunziato did not believe there was any limitation in the form of gates, but said it will be controlled to the extent that it Till be private. Eventually, it will be patrolled by both public and private security forces, as are the rest of the roads in Quantum Park. No one was present to represent the applicant. Mr. Annunziato thought the Board would be safe to go ahead and recommend approval, and he explained. Mrs. Huckle moved to approve the request, subject to staff comments. Dr. Jackier seconded the motion, and the ~otion carried 7-0. C. SITE PLANS Project Name: Agent: Owner: Location: Legal Description: Description: Quantum Park Sales Facility Ken Swable, R. P. Carbone Construction Co. Quantum Associates West side of Interstate 95, between Miner Road extended and the Boynton (C-16) Canal The SW½ of Sec. 17, Twp. 45 S., Rge. 43 E., Plot No. 1, Palm Beach County, Florida Request for site plan approval ~o construct a 1,680 square foot temporary sales facility on the southwest ~orner of Lot No. 1 at Quantum Park of Commerce Planned Industrial Development Miss Heyden said Lot 1 is bordered on the east by the E-4 Canal and to the south by N. W. 22nd Avenue. She said the - 31 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 proposed building will be rectangular with a covered entrance. Parking wit-t be provided south of the building with one access on N. W. 22nd Avenue. Due to the temporary nature of the facility, water will be provided by a private well, and sewer will be by a private septic tank on the site, to the rear of the building. Mr. Walshak asked if this was a temporary facility, a trailer, or a prefabricated building. Ken Swable, R. P. Carbone Construction Co., 400 Fairway Drive, Deerfield Beach, Florida 33441, showed a rendering of the building. He said Quantum Associates hired them to design and ~uild the sales office. They had an original approved set of plans in the City for this size. It was approved as a temporary office building, ready to go to permit, and it did not have to go before the P&Z Board. When they started, Mr. Swabte said they were going to just put up a temporary building, and it was their understanding that it would.just be a temporary building. When the~ talked to Mr. Annunziato, they found out they would have to go through the P&Z Board, site ~lan approval~ etc , so they started all over again and did the rendering of what they are going to build. When they went through the TRB, Mr. Swable said some things came up. If it is going to be a temporary building, ~hey offered to post a bond with the City that at some poiDt it would be torn down. Mr. Swable said they are being a~ked how long the building will be there, and the City wants a bond, but they cannot do that until the property KS p~atted. Mr. Swable emphasized that it is a sales office and iS temporary in nature. Every assurance was given to the City. They went through the ~ntlre site plan approval process, which Mr. Swable said Ks not necessary for a temporary sales office under the Code. There were a lot of things he did not understand, but Mr. Swable wanted to build it for Quantum. Mr. Annunziato told the Members it was a temporary building that was not temporary. It was built on the site lik~ any other building. Mr. Annunziato explained that in the appli- cant's minds, it was temporary because it will be replaced by a different structure at that location sometime in the future. This was different than a trailer that is pu~led on the site, which was the original proposal. Mr. Swable disagreed, saying it was a modular building on a foundation. 32 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Annunziato said the City's interpretation of the Code was that this plan should go for site plan approval. Dr. Jackier asked who described it as temporary. Mr. Annunziato replied that the applicant described it as temporary. Under the Zoning Code, Mr. Swable said it specifically states what a temporary building is. It does not say anything like trailer. Mr. Swable was not arguing about it because they are going ahead to do it. His point was they are going to do other projects in the City too. Mr. Annunziato an~ he discussed it, and Mr. Swable said they will go through with it~ but if it is going to be a trailer and is temporary, they should change the Zoning Code and say temporary trailer, not temporary building. Mr. Walshak pointed out that a layman, looking at it, knows it is not a temporary structure. It is built on site like any ot~er commercial building. Mr. Walshak was a little leery about that kind of stuff. He said Mr. Swable was building a beautiful building and calling it a temporary facility. Mr. Swable said then they should call it permanent and eliminate all of the other requirements. Then they will tie into the sewer and the water. They just want to get it built so they can sell something. Mr. Annunziato knew of no reason why the building could not be treated as a permanent structure. From the size of the development and the time it will take until it is finally finished, Mr. Ryder said it will probably be pretty permanent. Mr. Swable said they were looking at two to three years. Mr. Ryder was talking about the entire development. Mr. Swable said the property is worth far more than the sales office is worth. They are spending $50,000,000 just in the development, and when they were looking at a total ~nvestment of $300,000,000, $250,000 or $300,000 was a drop in the bucket. Mr. Annunziato apprised the Members that the decision to locate the sales facility to their office building had not been made and may not be made. His last conversation with the principals was that they probably will not locate the sales force into their office building, so this is the build- ing that will be occupied by the sales force for many years. According to the site plan, Mr. Swable said this is a prime piece of property. The main thing is the location for access - 33 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 to the site and to have the sales office there. Mr. Annunziato asked if Mr. Swable wanted the Board to remove the relationship of this as a temporary structure. Mr. Swable drew attention to the memo dated May 6, from Don Jaeger, Chief inspector, Building Department. (See Exhibit J-1 attached to the original copy of these minutes in the Office of the City Clerk.) He had no problems with comments 1 through 4 inclusive. With reference to number 5, Mr. Swable said he has not found the Black Olive trees on N. W. 22nd Avenue. Mr. Annunziato referred him to the plans, and Mr. Swable said nothing was there. Mr. Swable also had no problem with the comments in the memo which were for his information. Under "NOTES", Mr. Annunziato advised that number 1 applied if it is treated as a temporary building. Mr. Swable wanted note 1 removed, and wanted the agreement that they go with the temporary water and temporary septic tank until' that is installed and they tie into it. Mr..Annunziato said that was something he would have to talk to the Building Department about, and he explained. Chairman Trauger asked what the objection was to the bond. If it is not a temporary building, Mr. Swable wondered why he should give a bond. There wereI comments and disagreement. Mr~ Annunziato said the application was brought to t~e Board as a. temporary facility, but he did not think the TRB asked that it be called a temporary facility. The applicant was calling it a temporary facility. Mr. Swable said the basis of calling it a temporary facility was the zoning rules, which said a temporary building. He went to Med Kopczynski, Deputy Building Official, and he was told it was temporary, so they called it a temporary build- ing. It did not matter to Mr. Swable. He read the second note in Mr. Jaeger's memo and said it should be struck. Mr. Annunziato thought he had the right to request that. Mr. Swable read the third note in the memo, and Mr. Annunziato advised that was City policy. If it is a temporary facility, Mr. Swab!e asked if that was a require- ment. Mr. Annunziato answered that there is no desire on the part of this City to grant building permits for ~ny kind of facility prior to filing a final plat. The position of the City is that the final plat guarantees service to the facility in terms of roads, sewer, water, paving and drain- age as access for fire purposes. 34 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Swable showed the rendering of the temporary sales trailer that was approved by the City and read the following: "After complying with all staff comments and receiving the signatures from the relevant Technical Review Board Members on the enclosed sign off. form, the plan should be submitted to the Plans Review Department for structural, electrical, plumbing, and air conditioning review, along with the signed a~d sealed plans and complete application form. A plans filing fee must accompany submittal. A permit will be issued for the temporary trailer facilities, which will ex~ire in one y~ar and is renewable on written reques~ for a one year extension." Mr. Swable asked the Members to look at the picture and tell him if that was a trailer. There were comments, and Mr. Annunz~ato said it was the policy of the City not to issue permits for permanent structures until a plat is recorded. He believed the plats would be recorded within thirty days. Assuming it will be a permanent building, Mr. Swable if it was true that a permit could not be issued unti plat is issued. That was the policy Mr. Annunziato ~ told. With regard to a building permit, Mr. Swable a what the rules were on the rendering. Mr. Annunziato that Mr. Swable would build the building to look exac it was depicted on the rendering. Mr. Swable~ asked ~ make that decision. Mr. Annunziato answered,~ "The Bu Department, and if the Building Department cannot mak~ decision, some of the City Staff will have to~ make a minination. ~sked the ~ked replied :ly as ~o would .lding that leter- Mr. Swable questioned what the basis of the determination_ was. Mr. Annunziato said the Building Department will have his rendering on file and will take it out to the sit~ and compare. Mr. Swable said to suppose the colors are not eXactly what is there. After some remarks, Mr. Annunziato salid the City Staff was going to do the best it could to en~force the policy as best it could, which was to provide f~r the P&Z Board, th~ Community Appearance Board, and the City Commission. If it would look close to that, he ~id not suspect there would be a problem. If it does not look like that, there will be a problem. Mr. Blanchette said a rendering was nothing more than an artist's conception of the building. Mr. Annunziato disagreed, saying "Not any more." Mr. Swable wanted to know what to go by. Mr. Annunziato just told him what to go by and said the City Attorney made this determination. Mr. - 35 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Swable said he talked to the City Attorney, who did not make that determination and could not tell him. Chairman Trauger alluded to colors having numbers and said the final building should be approximately that same shade. Mr. Swable concurred with him and agreed with the intent. His problem was when he leaves here. Mr. Swable makes his living by getting certificates of occupancy and when he has to deal with somebody making a determination of whet~er that s right or wrong, he wants to know the rules golng in. Mr. Annunziato said t~e rules are the City will inspect his building, based on that rendering, the colorings, and that design. He repeated prior statements. Mr. Swable stated that then the Building Department and some other section of the City would make the determinatiqn. Mr. Annunziato responded that those were the conversations they had with the City, Manager. ~te did not think there was any intent to cause harm. Mr. Swable said he has been building another project i~ the City for a year, and his experiences around here, as far as interpretation goes., could blgw your mind. He wanted to.do it right but wanted to know what the rules are. Mr. Annunziato said the applicant was removing his request that this be considered as a temporary building and ghat comments related to temporary buildings and structures are not applicable. With regard to the sewer and water, Mr. Swable said this is a City where the utilities are not available. They ~pplied and got permission from the Health Department and Wa~er Management to provide a well and put a septic tank in. Mr. Swable was told septic tanks are not allowed in the City and did not want to get into a situation where they gould not build a permanent facility because they do not have water and sewer. Mr. Annunziato suspected the answer to that question was as long as the plats are recorded, there will be service to that structure during the life of the bond, and at t~at point, there will be a requirement to convert from t~ose systems to public systems. It is not an unusual situation. Mr. Swable said they designed in a conversion, and he wanted to make sure. Mr. Annunziato said that was not up to the P&Z Board to decide, but was a matter for the Building Department. 36 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Blanchette moved to approve the site plan, subject to staff comments (Exhibit J through J-3). Mr. Golden interrupted to ask about comments from the Police and Fire Departments. He determined that they decided they did not need to respond in any written form, and those departments should be deleted as part of the staff comments. Mr. Ryder seconded the motion, Mr. Blanchette changed his motion to read that the request be approved, subject to staff comments with the exception of the Fire and Police Departments. Mr. Annunziato asked if the motion subjected the building to be treated as a permanent building. Chairman T~auger and Mr. Ryder agreed with Mr. Annunziato that all comments relating to temporary structures were ~deleted. Mr. Ryder seconded the motion. Mrs. Huckle asked if that would cover the three items that were noted. Mr. Annunziato thought it did but said it was up to the Building .Official to make that determination. Mr. SWable a~ked if'~he~e was any chance they could get dn the r~cord that ~r. jaeger's notes 1, 2, and 3, or at least 1 aqd 2 we~ with ~eq~rd to the temporary building. Chairman T~auger s~id tha~ ~as why temporary building was deleted in the ~oti6h. Mr. Swable pointed out that notes 1 and 2 did not say anything with regard to temporary. It could be const=ued by the Building Department that he still has to post a bond and that he has to give them a length of time. Mr. Annunziato thought his recommendation that the building be treated as a permanent building would solve that. There was further discussion. A vote was taken on the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Smith Office Building John D. Conway/Jay Colestock Dr. J. R. Smith South Federal Highway at S. E. northwest corner 5th Avenue, See Exhibit K attached to the original copy of these minutes in the Office of the City Clerk Request for site plan approval to allow for a 1,724 square foot expansion and the renovation of the existing structure for the purpose of constructing a medical office building consisting of 3,558 square feet on 1.126 acres 37 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Miss Heyden said the former Gulf service station exists on the site. Properties to the north and west are vacant. Across S. E. 5th Avenue to the south is Benson's Restaurant, and Sterling Village lies across South Federal Highway to the east. On January 13, 1987, Miss Heyden said the P&Z Board.granted a variance to the parking lot regulations. The variance requested by the applicant permitted a 20 foot driveway onto South Federal Highway to be located a distance of 82½ feet from the intersecting right-of-way line between South Federal Highway and S. E~ 5th Avenue, and it wa~ granted subject to the installation of a no left turn sig~ at the exit on South Federal Highway. Miss Heyden said the variance request was necessary to allow for the proposed expansion of the former Gulf service station, and she explained. The site plan proposes to add a new addition onto the northeast corner of the former station and to renovate the existing structure into a medical office building. ~Parking is provided on the southeast side of the building with access onto S. E. 5th Avenue and South Federal Highway. Utility extensions will be made from the existing utilities on site. Miss Heyden called attention to the renderings provided by the Architect and said the proposed building will be constructed to a height of 22 feet. The exterior will be white textured stucco with platinum gray stucco colunu~s and bands. The roof will be cement tile. Mrs. Huckle recalled when the Board granted the variance on the parking lot, Mr. Ryder questioned whether they could do all of this for under $100,000. Jay Colestock, of Jqhn D. Conway Architect, Inc., 6194 North Federal Highway, Boca Raton, Florida 33431, talked to Don Jaeger of the BUilding Department and said the cost was either r~ght on or close to $100,000, so they decided to come through. Chairman Trauger asked where the current canopy is. Mr. Colestock informed Rim that it is gone, and he explained. Mrs. Huckle asked how many offices there would be. Mr. Colestock answered, "Just two." Dr. Smith's office will be in what is now the gas station, and the additional part will be rented out. Chairman Trauger was informed that Dr. Smith is a family physician. - 38 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Mr. Colestock had no objections to the staff comments and accepted them as presented. Mrs. Huckle did not see any- thing about handicapped spaces. Mr. Annunziato said they were addressed on the site plan. Mr. Ryder moved to approve the request, subject to the staff comments. (See Exhibit L attached to the original copy of these minutes in the Office of the City Clerk.) Mrs. Buckle seconded the motion, and the motion carried 7-0. 3. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Guardhouse (north entrance) Charles N. Gilbert Summit ~Associates, Ltd. West side of South Congress Avenue, between the LWDD L-28 and L-30 canals Tract K, Hunters Run, Sec. 6, Twp. 46, Rge. 43, as in Plat Book 46, Pages 15 and 16, Palm Beach County, Florida Public Records Request for site plan approval to construct a new guardhouse at the north entrance to the Bunters Run Planned Unit Development Miss Beyden said the applicant is proposing to construct a guardhouse at the north entrance similar to the existing guardhouse at the south entrance. The proposed guardhouse is to be constructed of stucco with tinted glass windows. The roof will be wooden shingles to match the existing guard house. Mrs. Buckle recalled that it called for handicapped parking. Mr. 81anchette noted it also had to be accessible to the handicapped, but he did not know why. There was discussion that there could be a handicapped guard. Mr. Annunziato was sure there was a good reason for it. Charles N. Gilbert, Architect, Summit Associates, Ltd., 3500 Clubhouse Lane, came forward. Mr. Annunziato said the biggest issue here was the recommendation that the applicant provide a parking space behind the building similar t~ the one at the south entrance. Mr. Gilbert said they had it. Mr. Golden explained that at the south entrance they have like a little gap in the median that allows enough room to park security vehicles and personal vehicles for the guards, etc. 39 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 Dr. Jackier asked if this was a duplicate of the building at the south entrance. Mr. Gilbert replied that it is a smaller version. Mrs. Huckle asked if the parking space was not on the plan now. The comment was made, and Mr. Annunziato was wondering if it was on the plan. Mr. Golden said it was hard to te~l, based on the detail, whether or not they were accomplishing a sufficient parking area for the guardhouse. Mr. Annunziato agreed with Mr. Walshak and said if they comply with the staff comments ~ttached as Exhibit M to the original copy of these minutes in the Office of the ~ity Clerk, the issue will be resolved. With regard to the parking area, Mr. Gilbert said the~ pro- vided a similar thing to what they have at the main gate, just behind there, 22 feet wide, s? it should meet that. Mr. Annunziato told him to make sure his plans are very clear. Mr. Gilbert asked if the handicapped was still a vali~ request. Mr. Annunziato was sure it was. Mr. Gilber~ questioned why it was being callea for, and he ~nfor~ed Mr. Btanchette that it was not required on the south building. Mr. Annunziato could only assume that it was a Buildihg Code requlremento Mr. Gilbert asked if this was classified as a commercLal building. Mr. Annunziato was not that familiar with ~he Building Codes. Mr. Gilbert said they are being aske~ to submit energy calculations as if it was a commercial )uild- ing. Mrs. Huckle read a portion of comment 2 from th.~ Building Department's memo, "comments for the applica lt's information", "if the proposed structure is to be hea~ed or cooled." (See Exhibit M-2). If that was the determi ation, Mr. Gilbert could understand, but if it was a commercial building, that he could not understand. He stated they were told it was because it was a commercial building. Mr.. Annunziato stated that he told Mr. Gilbert he did not know. Mr. Gilbert assured Mr. Annunziato that it was not Mr. Annunziato that told him it was a commercial building. Mrs. Huckle moved to approve the request, subject to staff comments. Vice Chairman Wandelt seconded the motion, and the motion carried 7-0. - 40 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 SITE PLAN MODIFICATIONS Project Name: Agent: Owner: Location: Description: Access Cable at Boynton Beach Distribution Center Kent Ewing Ewing and Shirley, Inc. Boynton Beach Distribution Center Master Association, Inc. High Ridge Road at Miner Road, southeast corner Request for approval of an amended site plan to permit the construction of ~ new satellite dish Miss Heyden called attention to a letter from Kent W. Ewing, P.L.S., Ewing and Shirley, Inc., 3767 Lake Worth Road, Suite 118, Lake Worth, Florida 33461, dated May 11, which asked that the application be removed from the agenda due to the need of their revising the site plan. Mrs. Huckle moved to remove the application from the agenda, at the request of the applicant, until a later date. Dr. Jackier seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Tract K - The Oaks Charles N. Gilbert Sum~nit Associates, Ltd. West side of South Congress Avenue, between the LWDD L-28 and L-30 canals Tract K, Hunters Run, Sec. 6, Twp. 46, Rge. 43, as in Plat Book 46, pages 15-16, Palm Beach County, Florida Request. for approval of an amended site plan to permit the construction of screened enclosures/porches and Florida rooms Project Name: Agent: Owner: Location: Legal Description: Description: Hunters Run Tract L - The Woods Charles N. Gilbert Summit Associates, Ltd. West side of South Congress Avenue, between the LWDD L-28 and L-30 canals Tract L, Hunters Run, Sec. 1, Twp. 46, Rge. 42, Palm Beach County Florida Request for approval of an amended site plan to permit the construction of screened enclosures/porches and Florida rooms Dr. Jackier said item numbers 5 and 6 were the same. Mr. Annunziato thought they had to evaluate whether the comments 41 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 were the same. After checking, he suggested they would make one presentation and then the Board could act on them. Miss Heyden said the original site approval did not provide for the construction of screened enclosures and patios. Colored renderings were not submitted, and the applicant felt they were not needed at this time. Chairman Trauger asked how the Board felt about colored renderings. The Members were in agreement that they were not necessary. Charles Gilbert, Architect, drew a~tention to the second comment in the memo from the Building Department, dated May 5, 1987. (See Exhibits N and O are with the original minutes of this meeting in the Office of the City Clerk.) Mr. Annunziato advised that it was a comment by the Chief Inspector, and he thought Mr. Gilbert better take it up with the Community Appearance Board. Mr. Annunziato told Mr. Gi!b~rt the City staff will always recommend that applicants submmt renderings because those are the instructions they have. Mr. Gilbert commented that he did not know what would be built there. Dr. Jackier interrupted to explain that the enclosures will be individually built and may not be the exact thing. Every time a request is made, a rendering will be submitted. They cannot give a general picture at the moment. Mr. Annunziato was surprised to hear Dr. Jackier say that, in that the individual associations will not have preset standards. Dr. Jackier advised that there are preset standards but one family may want to build an enclosed screen; someone else may want a Florida room, and those things are permitted. Mr. Annunziato asked how many different Florida rooms would be built. Dr. Jackier replied that the Florida rooms will look the same, and the screened porches will look the same. Mr. Gilbert disagreed, saying none of them will look the same, and that was untrue. Mr. Gilbert stated that the application is not correct. The application shows the owner as Summit Associates, and the owner is not S~it Assoc.iates, but the individual condominium association. Mr. Walshak asked if each one will require an individual permit. Mr. Annunziato answered affirmatively. Dr. Jackier commented that each individual condominium associatio9 does requlre uniformity, but Tract K may be different than Tract - 42 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MAY 12, 1987 L. Mr. Annunziato said that was why the City was surprised that renderings could not be made available. He did not think it was as necessary here as maybe in other pla~es. If there were only three or four different kinds of construc- tion, like one is a screened room and one is a Florida room, the City more or less assumes that the associations would limit the designs to say one or two. Dr. Jackier said that is what they have done in the past, and he was sure they would do that in the future. Mr. Annunziato said that then the comment Mr. Jaeger of the Building Department made was appropriate, and it was up to the CAB. Dr. Jackier stressed that the Condominium Board will enforce that to see that they are uniform within their particular enclave. There was discussion. Mr. Gilbert saw nothing wrong with each of the staff comments. Motion as to Tract K Dr. Jackier moved that the request be approved, subject to staff comments (Exhibit N). Mr. Walshak seconded the motion, and the motion carried 7-0. Motion as to Tract L Dr. Jackier moved that the request be approved, subject to staff comments (Exhibit 0). Mr. Walshak seconded the motion, and the motion carried 7-0. OTHER Mr. Golden said the PID zoning regulations require that the P&Z Board approve all uses within the PID zoning category. To date, the only other approved use at Quantum Park was warehouse and distribution use for Publix. 1. Request for use approval of day care centers at the Quantum Park of Commerce Planned Industrial Development Mr. Golden called attention to his memo dated May 4, addressed to Mr. Annunziato, and Mr. Annunziato's memo of May 5. (See Exhibits P-1 and P-2 attached to the original copy of these minutes.) It was recommended that the use be approved only to offices, commercial or club uses. As the project builds out, he thought the Members would see more and more need and requests for day care centers at Quantum Park. - 43 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACh, FLORIDA MAY 12, 1987 Mr. Annunziato told the Members approximately 13,000 people will be working at Quantum Park, and the need for more than one day care center is likely to occur. As the project builds, the surrounding uses will be more of an issue, and he explained. The recommendation was made with an eye to the future. Mr. Ryder moved to approve the conditional use of day care centers with the stipulation that the use be restricted to office, commercial and club areas. He agreed with a suggestion by Mrs. Huckle and added, "and restricted from industrial areas" to the motion. Mrs. Buckle seconded the motion, and the motion carried 7-0. 2. Request for use approval of a newspaper distribution facility at the Boynton Commercenter Mr. Golden subject the review admi! a Fire eve~ said the ' r · Wo ks, ~tment recommended approval, environmental review due to the storage that may does the environmental the Planning Department ~to clarified that it is Engineering, es Departments. It covers Mrs. Huckle moved to approve the request, subject to environ- mental re3iew, because of the combustibility of the news- papers, Vice Chairman Wandelt seconded the motion, and the motion carried 7-0. ADJOURNMENT Ther~ being no further business to come before the Board, the meeting properly adjourned at 11:15 P. M. Patricia Ramseyer ~[ Recording Secretary,/ (Four Tapes) - 44 MEMOPJ~NDUM May 6, 1987 C TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato Planning Director RE: LOpezMedical Office Complex-Parkinq Lo~ Variance Section~ 5-144(~)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to be made part of the public hearing ~roceedings. To that end, this memo is forwarded consistent with 5-144(c) (4). Nelson Lopez, M.D,, property owner, has requested avariance to Segtion 5-141(e) "Drainage" of the Parking Lot Regulations, which requires that storm water be retained on-site ara capacity o~ not less three inches-of rainfall in one hour. The subject parcel is the south Eide of S.E. 23rd Avenue, 330 feet west of the right-of-way for the Florida Coast Railroad, and includes lots 9 and 10 of'the High Point ~ivision (seeattached surveys and site plan). In this instance, the applicant is requesting that the existing storm water flow onto S.E. 23rd Avenue be aIl~wed to continue. Fo~ an · of the Code requirement, the nature of the variance justification, please~refer to the Hearing and applioation.:. On , May 5, 1987, the Technical Review Board (TRB) met to plans and documents 'submitted, and to formulate a ~ regard to the variance requested. After follows: S.E. 23rd Avenue in the vicinity of the subject parcel is c~rrently prone to flooding during periods of heavy rainfall, and the storm waterrUn_off from the Lopez property would further exacerbate this situation. 2. The parking lot is being expanded to provide for additional parking and therefore, should be subject to all of the requirements of the Parking Lot Ordinance, including the requirements for on-site storm water trearnuent and containment. EXHIBIT A if then the feet A surplus of three (3) .~p~r~ih-~ spaces exists which may be eliminated in favor of increased landscaping an~ swale areas to accommodate the storm water run-off. addition, the TRB applicant be advised that the Planni~g ~ to dedicate fifteen (15 } - to Palm Beach Count-~ ~45). days-of variance approval. CSA:ro cc ~Cify~'Manager~ .'Technical. Review Board 'Central File FORM 8B MEMORANDUM OF VOTING CONFLICT.FOR COUNTy, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS lAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE BLANCRETTE,HAROLD LAWRENCE PLAN~-ING and ZONING BOARD' THE BOARD, COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH t SERVE IS A UNIT OF: -~IAILINO .¢OORESS 905 Misaion Rill Road CITY y,n, ton Beach, Florida XCITY COUNTY OTHER LOCAL AGENCY NAME OF POLITICAL SLUBDIVISION: City of Boynton Beach, Florida MY POSITION IS: ! ELECTIVE X APPOINTIVE WHO MUST FILE FORM 8B use by may person serving at the county, city, or other local level of government on an appointed or elected board, commission, marhority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although use of this parricnhr form is not required by law, you are encouraged to~.use it in making the disclosure required by law.' Your responsibilities m-~der the taw when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold anei~tive or appointive position. For this reason, please pay close attention to the instructions on this form before completing ther~-~erse side and filing the form. _iNSTrUCTIONS FOR COMPLIANCE WITH SECTION t'12.3t43, FLORIDA STATUTES ELECTED OFFICERS: A person holding electi~ecounty, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special ' ~ ; - pnvar,, gain. ~ach local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (onh,~ than a government agency) by whom he is retained. In either case, you shoukl disclose the conflict: PRIOR TO THI5 VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abs~ning from voting; and WITHIN 15 DAYS Aim'FER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of*.he meeting, who should incorporate the form in the minutes. ~APPOINTED OFFtCE~..S: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special.,ate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a Ird_'ncipal (other than a government agency) by whom he is retained.. A person holding an appointive local office otherwise ma3' participate in a matter in which he has a conflict of interest, but must disclose the nature of the confltct before making any attempt to influence the dec s on by oral or written communication, whether t .~made by the officer or at his direction. ~iIF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR , ,-~,s ~ TO THE MEETING AT WHICH iTHE VOTE WILL Bt: TAKEN: · You should complete and file this form (before making any a~tempt.to influence the decision) with the person r~sponsible for recording the minutes o~f the meeting,, who will incorporate the form in the minutes. .! A copg of the form ~hou!d be provided immediately to the other members of the agency. :' The form should be re'ad publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. EXHIBIT B PAGB ! 1FYOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: / · SY~o~ sko~ld disclose orally the nature of your conflict in the measure befoi'e participating. · ,You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes -of;:t~.~e meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST Harold L. Blanchenpe , hereby disclose that on May 12 , 1987~ : L - (a) A measure came or will come before my agency which (check one) 1 ~ ~i.nured to my special private gain; or inured to the speeial gain of by whom I am retained.~ (b) The measure before my agencyand the nature of my interest in the measure is as follows: i personally ~o~ked on prepa~ing ther,pla~s ,for Neiso,n L-op:ez,MD : : ( O~fi~e renova-~ien and revised SiCe' Plan located on SE 23rd. Avenue Boyn~on Beach, Florida.) May 12,1987 Date Filed Signature .NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1995), A FAILURE TO MAKE ANY REQUIRED ;'D,LSCL~O'SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: .I.MPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DE.MOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED $5,000. PAGE2 MEMORANDUM 4 May 1987 TO: FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. AnnUnziato Planning Director Walter Dutch - Land Use Amendment and Rezoning Request SUFE4kRY: Walter Dutch, propertyowner, is requesting that a .08 acre parcel be rezoned from R-IA (Single-Family Residential) to C-2 (Neighborhood Commercial) and that the Future Land Use Plan designation for this parcel be amended from "Low Density Residential" to "Local Retail Commercial". The subject parcel occupies 50 feet of frontage on the west side of N.W. 7th Court. Currently, the property is vacant. The proposed use of this property, if rezoned, would be to combin~ it with the vacant C-2 zoned parcel to the south !under the same property ownership) in order to develop it for Neigb_borhood Commercial land uses. location ~): To parcel are 1 residential ~tructures on a .37 acre parcel which have been converted for use as a dental cli//ic. This property is zoned C-2, Neighborhood Commercial. Abutting the subject parcel to the_west and northwest' isa vacant .46 acre parcel zoned C-1. Office/Professional, which is under the same property ownership as the dental A .~ ~ has been submitted to the City proposing office building on this S~ject parcel to ,the north is a which is in good condition. parcel to the east is a 50 foot wide .W. 7th Court. To the east, across N.W. 7th court, is a condition. further to 'the the northeast corner of Court is a . is a .21 acre zoned R-lA which is in fair on N.W. 7th Court, ~rom fair to good. At Beach Boulevard and N.W. 7th Ct2, whichis owned b~ Walter te the east is a Wendy's drive-thru the subject parcel to the south under the same property to the south is the Boulevard. Further to the south, 1 EXHIBIT C across Boynton Beach Boulevard, zoned C-2. is the Gateway Shopping Center PRESENT ZONING: Under the present R-IA zoning, the property would be undevelopable without a variance from the Boar~ of Adjustment. Approval of ~ variance from the Board of Adjustmen~t would allow for the construction of a small, singte-f~ily home. Otherwise, the R-iA zoning requires a minimum 7,500 square foot lot with a 60 foot frontage. REZONING: Rezoning to C-2, Neighborhood Commercial, would permit a cOmmercial building up to two stories, which could include business or medical offices, a bank, restaurant, drugstore o~ any other use permitted under the C-2 zoning by,bothparcels combined -under the Dwnership). Assuming frontage on .~ C-2 th~ the 100 foot depth ~ rear.and east side be 30 feet abutting the ~ remainder of the east side zoning distri=t. A six-foot along the rear where yard [be 15 f~et for-both request t under the 3,100 square the parcel An analysis of provided inthe a~t, would be · ~t as The property in Land Use Element as to the Future Land Use requested by the following Comprehensive Plan request: a suitable living environment in all neighborhoods." (p. "Preserve the present stock of sound dwellings and neighborhoods." (p~ 6] "Provide a range of land use types to accomodate a full range of services and activities~" (p. 7) 2 ."Eliminate existing and potential land use conflicts." (p. 7) "Encourage the development of complimentary land uses." (p. 7) "Encourage the.development of commercial land uses where accessibility is greatest and where impacts to reside~ai uses are minimized." (p. 7) Encourage the development of clustered neighborhood and commuriity commercial centers at arterial and collector ntersect~ons. (p. 39) parcel abuts anarea to the west which is designated PtanEvaluation and Appraisal-Report as an =onflict (Area 36). This area at the intersection.of Old BoYnton Road and Boulevard, west of the Deierl'Park the subject parcel abuts this area of land policies_pertaining to property in question. The · appears onP-131 of the Area 36 Residential Parcels in Vicinity of Old Boynton Road and New Boynton Road, between Interstate 95 and Congress Avenue. As stat.ed on page 37 of the current Comprehensive Plan, due to the increased traffic which will be drawn to the Boynton BeachMatl, there will be pressure to rezone these parcels from residential to commercial. Other than minor a ~ustments to the ex~stlng zoning d~str~ct boundaries commercial zoning should not be allowed to extend westward along Old Boynton Road and Boynton Beach Boulevard [see the paragraph be'low, however). Extending commercial zoning along these thoroughfares would cause serious traffic congestion and degr~dethe residential envirornnent in the ad3acent neighborhoods. In particular, commercial zoning should not beallowed on the residentia~ lots and small parcels which lie along Old Boynton Road to the northwest of the FPL-substation. The implications of the Area 36 policies zth respect to the property ~n questign will _be, discussed in the following section entitled Issues/Discussion . ISEUE~/DIECUSSION: l~'/Whether development ~f this p~operty for commercial uses will have an adwerseimpact on surrounding residential properties. Since the subject parcel abuts single-family zoP~ng to the north and east, the. potential exists ~or an exacerbation of existing land-use conflicts that currently exist kn the immediate vicinity. More specifically, the single-family parcel which lies to the east, across N.W. 7th Ccur~ (Lot 2), is currently bordered on the south and east by the C-2 zoning district. The Wendy's drive-thru restaurant abuts this parcel to the east and is representative of an existing land use conflict. Rezoni~g the subject parcel to C-2 would result in a situation whereb~ Lot 2 would be enveloped on nearly three sides by commercial zoning (see attached location, map and survey). With respect to the single-family, parcel which abuts the subject parcel to the north, this parcel is currently bordered on the west by a C-1 zoned parcel. Although current been submitted tc the City which professional office ~parcel. In addition to the commercial ~ would be created on the east side of N.W. impact Lot 2, rezoning the similar envelope that would immediately to the north, ~f its four property The effect on the overall the commercial zoning and be to create a 50 the R~lAzoned attached zoning map). Currently, the subject parcel serves as a buffer between the which lies to the north and the existing south. Approval of the rezoning separation between the 'home and a future building on the C-2 minimum of 92.1 feet under 42~1 feet under the the .. "s zoning regulations would require the of a six-foot concrete block wall along the residential and commercial zoning connection with the development of the C-2 zoned parcel~ activities taking place at the rear ~f a future cOmmer~ ' noise from trucks, loading and of dumpsters, odors from lot lighting, trash and litter would be uses. As many of these adverse impacts and land-use ~ certain degree as a result of zoning pattern. Approval of the applicant's would further exacerbate this situation. Whether the property in question is physically and economiCally developable for a single-family home. 4 As previously noted, this property could be developed for a small, single-family home if the Board of Adjustment was to approve a variance, upon submission of an application from the property owner. No conclusion has been reached regarding the economic feasibility of developing this parcel for a single-family home, but it is unlikely due to the small parcel size, the prox.imit~ to neighboring developed and undeveloped commercial-zoned parcels, as well as the proximity to West Bo~nton Beach Boulevard. the 2 zoned parcel under the same in size to permit the rcial land uses. The .21 acre C-2.zoned parcel, under the same~property requirements of-the C-2 zoning of a with a maximum size of approximately 2,000 square feet. F~rtherrmore, it sho~td also be parcel at the northeast corner of West and N.W. 7th Court, which is also owned by Walte~ Dutch, can be utilized for a parking lot to serve a future b~lding at the northwest corner of West Boynton Beach Boulevard and N.W. 7th Court.- Commercial zoning of this property Would be ~ Comprehensive 'Plan policies for the location =ommercial uses. Commercial zoning of the subject parcel wou%d be both consistent and inconsistent with Comprehensive Plan policies for the location of and access to commercial uses. The encourages the development of clustered commercial centers at arterial and · The proposed rezo~ng would be policy as it would represent a 50 foot ~ extension cf C-2 zoned district at the Boulevard and Old classified as Ls~clas~ified as a collector ClassificatiOn in the of the Comprehensive Plan. , would also.be consistent, in "development of greatest and uses are minimized". The with the accessibility ~subject parcel and the larger ~vailabte by way of N.W. 7th to seek a variance for a Beach Boulevard. The Parking Lot 180 feet of the lines on arterial roads. The C-2 zoned parcel falls within 180 feet of the intersecting rights-of-way lines of West Bo!rnton Beach Boulevard and N.W. 7th Court. Rezoning tthhe would not be consistent with atsubjeCtportionparcel'of the ho.w?Ver,~policy encouraging development of commercial land uses where impacts to residential uses are minimized" and would result in further deterioratio~ of the residential enclave imm'edi~tely to the north. As previously outlined under the section entitled abuts an area ~ and Appraisal Area 36). Report a~ this area, -c~rtain provisions Area 36 can be construed to including the ~. zoning the 'provision that in the vicinity is to It can be approved, will neighborhood · to further lie to of Lot 11 ), the feet of ~ a parcel would set a of neighboring · · commercial rezoning of the ~further ,,piecemeal" ~ark subdivision,~particularly the · to the no~th (the north 45 to the east These two p~atted (Lots 2 and li) currently "within the C-2 and plat maps). The if approved, would result in into this R-lA zoned pocket· for future C-2 rezoning of the ~udes the north 45 feet of of Lot 2 in the Deiert Park subdivision. The off the C-2/R-1A zoning northern property boundaries of , platted. This scenario of would exacerbate the problem for 6 ' ~r~xte~d~d-periOd ~' time~-~In'6rder~tb avoid piecemeal rezoning~~the_~Planning~and-Zoning_Board and. City Commission ~hould3-censider?a land ~e'amendm~nt~and'rezoning in this aJ~ea ~nly'.if it inclRdes~alt-parcelswhich are similarly threatened by~dommercial~encr~ackment.~ ~This would again ~ludee-~llao~ Eots'~2randk~13in~the~-Deierl~'Parksubdivision as~-o~igi~allynplatted~-.~-×~s- ~- ~ ..... ' .CONCLUSIONS/RECOMMENDATIONS:--~. Rezoning.-ofthe~subject parcel woutdbe inconsistent, in part,~with respect ~o Comprehensive .- Plan{policies for of 'commercial land uses. The" significant ch~ngein-the impact extended also be Potential Land r~quest is and all Of off the the If it is that'this R-lA zoned amendment more the is 11,in /bks cc: City Manager ~Technical Review Board Central File Walter Dutch 7 May iO, 1987 ~~ Planning & Zoning Board & City Council of the City of Boyntcn Beach: ~e tb~ undersigned, .resident owners of NW?th Cou~c, object to the propomed rezoning of Lot [! (Plat Book 23, l~e 23~)"fz~ rsmidenttal to C-2. NW>?th C~ is a dea~-end mtl-ee~ with & pheno~n~l amount of tu~-n-a~ound We ~ve a ,D~ ~" ~d "CN~ ~YING" ~a at t~ ~e which ~ i~d or go. ~se~. With ~ ~ftion of ~Y'S inc~ t~endou~ ~ once ~ef~ nei~ho~ ~s from neglect, litter p~llutiom, caused by these ii ham been neglected in spite the. lot mowed and cte~rsd of debris. Ne '.t~ ~ollect wrappers, at 306 ~ ?th Court, year and also which The h~se prowides shel%er for home- :ity, via telephone, to enfo~e the ordinances ~e ~espectfully request ~o eliminate these eyesores and disturbing situations befo~ we consider .the rezoning of Lot ii. ~e need to know that-the City of Boymton Beach is concerned about the ~nditions of it'S neighbe~hoods and that "people", not "business", are the p~iority~ ~--~ ~ ~ Sincerely, 3~ NW 7th Court // 317'~ 7th Court WILLIAM HAYS 404 NW 7th Cou~ ROBERT and ~ PANUCCtY 409 }F~ ?th Court C PL~RLES HOLT 415 NW 7th Court ' ' t .:E~HIBIT D MEMORANDUM 4 May 1987 30: Chairman and Members Planning and Zoning Board .FROM: CarmenS. Annunziato Planning Director Holiday Inn and C. L..Leemon, Inc. Land Use Amendment and Rezoning Application S~¥: Charles B. Bland, Jrt, P. E., agent for c, L. Leemon, Inc., property owner, and the Holiday Inn, lessee, is requesting that a .4498 acre parcel be rezoned from R-IA (Single-Family Residential) to C-3 (Community Commercial), andthatthe Future Land Use Element of the Comprehensive Plan designation for this parcel be amended from "Low Density Residential" to "Local Retail Commercial". The property lies at the southwest corner of N.W. 1st Avenue and N.W. 4th Street, adjacent to the right-of-way for Interstate 95, and occupies 152 feet of frontage on N.W. 1st Avenue and 117 feet of frontage on N.W. 4th Street...The property was originally platted as a portion of Beverly Hills Addition No. 3 and is cUrrentlyvacant. The proposed useof th~s' property, if rezoned, would be to constr~ct a parking lot on .it to provide additional parking fcr the Holiday Inn hotel. Proposed access to the rezoned, would oceur by. way of the existing parking Beach Boulevard. In addition t¢ rezoning r~equest, the the abandonment of ~he 50 foot wide N.W. Which separates the existing hotel property in question. $_URROUNDING LAND USE AND ZOOmING(See attache~ Location MaD%- Abutting the subject pa~Celto the north an~ northeast is'~ existing HOliday Inn ~otel zoned C-3, Communit 6o~merci Y a . To the east, across N~/W~ 4th Street, is a single-family home in fair condition on ~ one-half acre parcel zoned R-lA. Abutting the subject parcel to the south, at the Corner of Ocean Avenue and N. W. ~ta Street, is a single-family home zoned R-lA under the same ~ropert~ownership (Leemon). Also abutting the sUbject parcel-to the south, between the corner lot and 1-95, is a single-family home zoned R-lA. Both this home and the home at the corner of Ocean Avenue and N.W. 4th Street are in good condition. The single-f~miIy homes el:~where in the vicinity are generally in good_COndition. Abutting th~ subject parcel to the west is the right of-wayfor Interstate 95. EXHIBIT E i. PRESENT ZONINg: The.present ~-IA zoning would allow for the d~vel~pment of-two single-family homes on the vacant land. The R~iA zoning requires a minimum 7,500 square foot lot with a 60 foot frontage. Access would be provided by N.W. 1st Avenue and N. W. 4th Street. ~?~ng to C-3, Community Commercial, would permit llalngs to four sto~ies high, which could include business and medical-offices, banks, restaurants, nursih~ homes and hotel~. Assuming frontage Onto Boynton BeachBoulevard, if' ~he =ezoning an~ abandonment are approved, and this parcel is incorporated as a part of the existing hotel site, the setbacks on th~south an~ east sides abutting the residential-zoned ~, a six~foot high [ would be reqUired property lines. · and this project- , with frontage onto N.W..4th Street, on the feet~ith.a six-foot conc prope~t~ line. It is the applicant's desire not to de~etop this it fom but rather to pave it and use - Inn hotel. However, no metho~ ~ whereby this rezoning request can be approved t's proposal to use this Approval of this rezoning ~or lo~ment of any use permitted' under ~he C-3 A maximum of about 4,500 sguare feet of reta2 space could be built on the parcel under the City's current d~velopment regulations. Approval of this-rezoning request w?utd also set a pre?eden~ for the rezoning of the two adjacent residential parcels which lie to the south. COMPreHENSIVE PLAN - FUTURE LAND USE MAP: The property i~ ques=lon ~s currently shown On the Future Land Use Element as' "Low Density Residential", so an amendment to the Future Land Use Element to "Local Retail Commercial", as requested by the applicant, would be necessary. CO.M~.R~.HENSIVE P~LAN - TEXT: .The following Comprehensive Plan po±lc~es are relevant tothis rezoning request: "Provide a suitable living environment in all neighborhoods.,' 6) -"Preserve t~present stock of sound dwellings and neighborhoods.,, (p. 6) "Provide a ~ange of land use types to accommodate a full range of services and activities." (p. 7} ' "Eliminate existing and potential land use conflicts." (p. 7} ~'Encourage the development of complimentary land uses." (p. 7) "Encourage the development of commercial land uses where accessibility is greatest and where impacts to residential Uses are minimized." (p. 7) "Encourage the development of clustered neig~hborhood and community commercial centers at arterial and collector intersections." (p. 39) Whether development of this property for commercial uses will have an adverse impact on surrounding residential properties. Si$ce the propertyin question abuts two single-family residences to the south and a single-family residence across N.W. 4th Street to the east, the potential exists for a serious land use conflict to occur. This would s~ill be the case after taking into consideration~that one of the properties to the south is under the same property ownership, requirenr~nt for 30 and rear-y~rd s~tbacks adjacent to the residential- Of Partic~ar Concern would e actlvltzes place~ to the rear of a future ~sOe~e~rc~al bulb.ding. (,in the .ev.ent that this property is not u zor a par.King -o~. as orlglnally proposed). ~ctivitiss that would be incompatible wit~ nearby residentia~ uses~would include noise nozse from loading and unloading of dumpsters, odors glare from pa~king lot lighting, trask and li~ter accumulation, and the unpleasant aesthetics that ar~e for'the rear of a commercial building. If the of these impacts existing patten N~W. 1st commercial uses corner Boynton Beach Boul lots to the south. However requ~s~ would only ser~e to exacerbate this furthermore, it would serve as a ~C-3 zoning dist/~ict into situation whereby this parcel wauld be zoning on two of its four sides. 95 and .famil~ and of the creating a by residential Whether there is an adequate supply of vacant C-3 ~oned property in the vicinity. At present, the supply of vacant C-3 zoned property in the vicinity is limited. Those parcels that are vacant are not in the immediate vicinity of the existing hotel. Therefore, the use of any of these parcels for additional hotel parking is impractical and~ in addition, would not be permitted under the City's Zoning Regulations, as the parking cannot be located more than 300 feet distant as measured along the nearest pedestrian walkway (Section ll-I(2) of Appendix A, Zoning). Whether the property ~n question is physicatl~ and economically developable for single-family residences. As outlined in the section entitled "Present Zoning", the property could be developed for two single-family homes. Access would have to be provided by way of N.W. 1st Avenue, which is currently u~improved west of N.W., 4th Street, as the fronts of the homes would have to face northtoward this right-of-way (as opposed to N.W. 4th Street) in order to provide for the 60 foot frontage required$~ the R-iA zoning regulations. No conclusion has been reached regarding the this location, but itwould appea~ tc given adequate buffering from the hostel parcel and 1-95. Whether commercial zoning of this property would be Consistent with comprehensive Plan policies for~the location of and access tO commercial uses. Commercial zoning of the subject parcel W°u~d be both consistent and inconsistent with Comprehensive Plan policies for the location of and access to commercial uses. The Comprehensive Plan encourages the development of clustered neighborhood and community commercial centers a~ arterial and collector intersections. Without approval of the ~bando.nmen~ request, the proposed rezoning would be lnconSzstent with this p~ticy as it would create a .4498 acre C-3 zoned parcel that would be separated from theexisting C-3 zoned district at the southeast corner of Boynton' Beach Boulevard and 1-95 by the 50 foot wide right-of-way for N.W. 1st Avenue. If the r±ght-of-wav f~ ~ ~ ~ ij.~ ~=zuy is a~a/%~oned An connection with approval of ~s.r~zo~lng ~equest, t.hen the proposed,rezonin~ would be ~nslsten~ with this policy, as it would ~epresent a 179 foot southerly extension C-3 zoned district southeast, corner of Boulevard ~nd 1-95. Commercial z( th~ property would also be both consistent and "development of policy of encouraging uses where accessibility is greatest and where impacts to residential uses are minimized.., If the ~roDo~e~ -~--. along with th? abandonment of N.W. tst Avenue, the 'rezoning would be consistent with the accessibility provision as access to the property would occur by way of the existing hotel driveway onto ] Boulevard. If the request for abandonment of N.W. l~t is denied, then the proposed rezoning wo~ld be with the accessibility provision, as ~ss to the property would occur by--way of NiW'~'rtst'Avenue-and N~W. 4th Street, and it would.not be-appropriat~ to_allow commercial, traf'fic~in a ....~.. residential-neighborhood-~ ........ .~ ....... : Rega=dless Ofrthe"aband~nm~nt-issue, the proposed rezoning would not be consistent with that portion of the Dulicy ~encouraging.'d~velopm~nt~of. commercial land uses ~wh~re impacts~t61resldential"land uses'are'minimized, ~ it would have an adverse impact on 'the environment in the Surrounding neighborhood,.and this .problem would be_further exacerbated in;that ~approvat.~.of-..the rezoning request'would set a precedent-for-.furt-her.?commercial r~zcnings, as previously If the~ with hotel~ applicant. However, the character of impact woul~ aTso Se~ the chang~in this- it is ~ ~If~the-abandonment~application.cannot :grezonin~fte~uest, commercial inconsistent with to location and access. can be approved, however, would be consistent with respect to location and of the existing Boulevard as proposed by the a significant change in and would have a negative uses. Rezoning this_~=operty commercial zoning of the two this property to the south, whi=h 'of this neighborhood. Whether !is the ~nderlying issue in It-is the Planning Department's the character of the neighborhood from a~d that the Droperty zoning. Therefore, Shoul~ C--3p and that the Use Plan to "Local "Community Commercial, ,, /bks CC: City Manager Technical Review ~oard Central File Charles B. Bland -ROAD ABANDONMENT N.W. IST AVENUE - BOYNTON A PARCEL OF LAND FOR ROAD ABANDONMENT LYING IN THE PLAT OF BEVERLY HILLS ADD. NO. 3, AS RECORDED IN PLAT BOOK 13, PAGE OF THEPUBLtC' REk. ORDS~ OF PALM BEACH COUNTY, FLORIDA. SAID LAND BEING DESCRIBED AS: BOUNDED ON THE 'NORTH BY THE SOUTH LINE OF LOTS 31 THRU 36, BLOCK 73; BOUNDED ON THE EAST BY THE NORTHERLY EXTENSION OF THE EAST LINE OF BLOCK 72: BOUNDED ON THE 5OUTH BY THE NORTH - 'L~U ,. BLOCK 72 AND BOUNDED ON THE ~EST BY ?H~_ LINE OF LOTS i iH~ ' ~'. · EAST RIGHT OF WAY LINE OF STATE ROAD I-':)5, ALL LAND LYING IN THE SUBDIVISION OF BEVERLY HILLS ADD. NO. 3. CONTAINING 0.17 ACRES: MORE OR LESS AND SUB3ECT TO EASEMENTS AND RIGHTS OF %rAY OF RECORD. ~EPRESENTATION OF A SURVE-'YMADE OF MY KNOWLEDGE AND BELI~~. -' IN ~C~,J'""~DANCE WITH UNrI'ED STATES STANDARD. SKF TCH OF PROPOSED ,ABANDONMENT REGISTERED NO. ~ .a~[N',"jR ~S O~: RECORD: SURVEY SHOWN =~ SURLY R~ 21H~.~ ~AT~NS ~ ~ ~E ~ ON N.O.S. DA~M frO,AD ( PALM BEACH COUNTY FLORID`A) T~ HOLIDAY INN has applied for a zoning chan~e in our n ighborhood. /~~ The' plans ealI for using the empty lot on NW First Avenue and Fourth Street as LW you ~eoall, o~r .neighborhood association went to a hearing on May 8, 198~ when this p~operty was owned by- the Arenado Family and they wanted to change the zonilag for a_ comdOm~nima complex. At ~hat time, the Zoning. and Planning Board agreed with a~_~ ~uppOrted ou~ group and VC~ED ia our favor to allow us to remain a SINGLE FAMILY RESZDENTAL area. Oa~ feeling is that c.b~ging the present zoning to Comme~clal w~mtd be most detrimental to oUr residental area and wish to protest this request for spot zoning. WE, the undersig~e~ ask that you give consideration to our petition and we, as property ovners, ask that ther~ NOT be a reversal of what the Zoning and Planning Board agreed to back on Hay 8,' 1984. STAFF CO~.~ITS BLUMPLAT (LAKESIDE) Building Department: Planning · DeRart~ent: Forester/Horticulturist: Pr~LIM. I},~ARY PLAT See attached memo S~e attach, ed memo a~ ~at~e to be set at $20,408.16/ -acre.~-for parks and recreation dedication See. attached m~o EXHIBIT H-1 Carmen Annunz±ato Don Jaeger'~ ~Chlef I~spector Building Department MEMORANDUM 'M~y 5, I987 Preliminary Plat Review: BlumPtat As a condition of -~el4-~ .... ~ . :~ ' · ~ ~a£y pict approval · should-be incorporated iht ~ , the ~ollowzmg comments ~ o ~.,e related documents by the re'~ "--~---"~ w~n ~ne.u~ty zoning 0rdinanc~ ~-~o wtt~e ~ne corner lot fo .... ~'~- ~' ~*~ or~znance · , ~=~ ~ ulzrerent street than the r~n~ng lo~s zn t~e bI~ckg then the front setback shall be mazntalned on both streets. 2. Coaaaon areas must be landscaped in compliance withth~ City Landscape Code with plans approved by the Community Appearance ~ BOard. 3. Sidewalks must be ramped at corners for handicapped accessibility. 4. Sidewalk details should indicate gauge welded wire mesh. reinforcement with 6 x 6, 5, South Florida Water Management District approval is required fo~ the project. Finish floor elevations must comply with the minimums established by the agency° The applicant's prompt compliance with the preceding comments will insure a timely permitting process. } DJ:bh ~ E. Howell XC: E. EXHIBIT H-2 M E M 0 R A N.D U M. _ May 7, 1987 .i~'~:.f i~'::; rJ~:, TO:. ~.,-2_Mr~ Jim Golden ....... Planning Department FROM: Tom Clark ~ity ~ngineer t'.-: ; ...... RE: Blum Blat ' --L_ _. ~ .:.L,. '- ~. '- .... - Cozmnents- -.; .~ ~-~ ~. 1, The subdivfsion requirement that storm water run-off ....... ........... mustinto disckarge t~Lry':grassed _areas ;prior 6o disc.barge retentiOn/detention ponds must be obseJ~ed, '* :*-' :'-:' '- no *direc~ ~ischarge-~from gutter -into -inlets. 2. Catch basin detail is not aCceptable Use standard D,O,T, T.~:>e C detail, ' 3. A four to one slope is required for the lake bank to a depth of two fee~, Grass sod should be shown for stabilization. 4, A Water Management District perr~t may be roquired, 5. A note stating~ th:at street lights will be planned and beinStalledadded tobyplans.F'P'& L. Co. s~bject to .City approval m~st 6. A legend should be added to the Pavin~ and Drainage plans to Clarify the elevations Shown 'on the *'gutters. 7. Note No. 2, on Sheet 6 is not clear a_nd inoomplete. 8. See Bill Fluahing,s memo dated April 30~ -1987 included herewi-lh ,. TAC/ck attachment EXHIBIT H-3 Tom Cl~rk Bi!'l Flushing Blum Plat, Preliminary Plat 7. 8. r_/. be dedicated to the Home Owners Association° The land description is inadequate- Plat book 7 page 20 'will nmt meet the intent of chapter 177. A ~etes and bounds description ~il! be required. A re~erence is required to a sectimn corner or 1/4 The plat must be dated. Areas for seals are required. The section number d~es not appear in the title. In ~he lower ~i.ght corner, "Sheet 2 of 8" should be remove,d. '" The ~enter ~in~ mn N.W. B Court should be shm~no The deficiencies in the subject z~evelopm~ent plans are as 1. : Valley gu~t~rs shmutd~be interrupted every 25 feet~ with a header type section ~o allmw d~inage to ~low intm the swales. The gutters should not be broken a~ the inlets. with a header~ not a rally gutter as shown° -.ITY OF B-mYNTON BEACH EXHIBIT H-4 Sidewalks should be extended to the roadway pavement at the intersections. Sidewalks to he'.located mt the property line so as to provide the ma×imum swale area. The 15 inch opening in b~o~tom of catch basin should be covered with a one half inch screeo mesh. Stop signs, Stop Bars, and stree~ signs are required. Show location and provide detail. A dead end sign is required for NoW. 5th-~ve. The !mke design does not comply to S.F.W.MoDo requi~ements~ see 5.2.4.4 (p~ge Drainage cmlculations .are required~ and 100 yr. storms. A heade~ detail is required. Bill Flushing ~ITY O~ BOYNTON BEACH MEMORRNDUM To.' Carman Rnnunziato. Plarming Director._ ~ohn R. Guid~y. Director oF Utiliti Subject: TRBRevieu .- Blul~Rlat can approve thi~ pr'oject, subject to the Follouing'conditions: I. The existing right-oF-uay containing the I&" {orca main cannot be abandoned until a nea .rtght-o{-uay is dedicated, and the replace- Z. Loop the ~ater main through the entire cul-de-sac, ~ith appropri- ate varying. -3~ .~dd an additional manhole in N.~. gth Ct. to allou turns oF nO less than B~degrees. ¢. The ~orce main connection is incorrect as shoun. The 16" ~orce main must be extended along Old Boynton Road. dmt Peter Mazzella EXHIBIT H-5 MEMORANDUM CA~REN ANNUNZIATO ~ PLANNING DIRECTOR KEVIN ~i B~T.T.AHAN FOI~STER/HORTICULT~RI ST MAY 6, 1987 WILt · u.J,~, BLUM PROPERTY [LAKESIDe) PRELIMINAR~ FLAT THE APPLICANT MUST PROVIDE FOR A LTTTOPJ~L ZONE PLANTING PLAN FOR 'I'HE. LAKE AREA. THIS PLAN SHOULD ADHERE TO THE REQUIR~W-ENTS OF THE REVISED COM~P,E~EN$IVE PLAN MARCH 15, I987. K~VIN J. ~ALLAHAN ~ KJH: ad EXHIBIT H-6 STAFF CO_~/~NT S QU~-NTUM PAP~K PLAT NO. 1-A PRELIMINA~Ry PLAT Building_ Department: Engineering Department: Planning Department: Forester/Horticulturist: See attached memo S~e attache~ memo To be distributed at meetL~g Landsca~Ding in medians to be reviewed'by the Co~uni~- AppearanCe Board as a Dart of. the master landscap~ Dla/~ for the ~ights-of-way wi~hi~ the Quantum Park Planned Industrial Developmen= See attac~ed memo EXHIBIT I-1 MEMORANDUM Carmen Annunziat o Planning Director._ Don Jaeger " Chief Inspector Building Department ' May 5, 1987 ~reIiminary Plat Approv~l:. quancum Park Plat No. 1 A As a condition of preliminary plat approval, the following comments should be incorporated intol the related documents by the applicant: 1~ Landscaping on common property and within the rights-of-way must comply with' City ordinances and be approved by the Co~=nity Appearance Board. 2. S~dewalks must be ramped at intersections to allow for handicapped ac'cessibility. - The applicant's prompt compliance with the preceding comments will insure a timely permitting process. Don Jaeger DJ:bh XC: E. E. Howell EXHIBIT I-2 : ' MEMORANDUM May 6, 1987 TO: Mr. Jim Golden ........ Planning Department FROM: Tom Clark City Engineer RE':~-~ 'Quant~um..Park; P!at 1-A Comments :- 1. See Bill Flushing's memo of May 4, 1987. TAC/ck attachments Tom Clark EXHIBIT I-~ TO: Tom Cta~k FROM: Bi!l F-lushing R~: QuantUm Park Plat The subject plat deficiencies are as follows: 1. The City o~ Boynton Beach name to appear in title. 2. No PRM's are sho~n. 5. No PCP's ar~ shown. The deficiencies in the subject development plans are as follows: The planned turn--outs are being partly constructed off--site, on unplatte~ land. 2f Water and sewer mains are shown in the same 10 foot Easement documents are required ,for the water and 4. A Stop Bar is required on entrance road. B; ~ 1 F{ushi~g EXHIBIT I-4 CAP.~E~ ANNUNZIATO PT_~ANNING DIRECTO~ KEVIN J~ FALLAHAN FOREST.~ /HOP. TIC%~TURIST MEMORANDUN MAY 6, 1987 QUANTUM PARK PLAT NO.1-A PRELIMINARY PLAT (ROADWAy} THE ROAD R.O.W. ~ MEDIAN AREAS-SHOULD BE LANDSCAPED AND IRRIGATED BY '£~1~ APPLICANT SINCE THE ROAD IS PRIVATE. EVENTUALLY, AI~ OVERALL LANDSCAPE PLAN FOR THE PROJECT ROADS SHOULD BE REVIEWED BY THE COMMUNITY APPEAR- ANCE_~BOARD. IF POSSIBLE, THE CITY MAY WANT TO WORK WITH THE APPLICANT TO PROVIDE IRRIGATION AND /OR LANDSCAPE MATERIALS FOR THE MEDIAN AREA ON CONGRESs AVEIqUE NEAR THE ENTRANCE TO THE PROJECT. KJ~: ad EXHIBIT I-5 To: Carmen flnnunzJa%o, PIanning From~ ~ohn fi. Gu~dry, O~reCto~ ~n~ Da~e: May ?, I987 Sub, eot: TRB R~v~eu-.Quantum Park - Plat Ue can approve this project. ~ubJect to the ~ol~oui~g conditions: !. Water main~ must have a.m~n~mum Z. U~e the ground ~ater ~ lake-~ed ~rr~oatton system ~o~ th~ medtens. dmt xc: Peter Nazze11~ EXHIBIT I-6 ' 'STAFF COFI~W~NTS QU~IT~ Fgl:~ S~ES FACILI'I~ -" SITE PLAN - Building Department Fire D~partr~ent::" Engineering Department: Police Department: Ftanning Department: Forester/Horticulturist: See attached memo. ~ To be distributed at meeting. See attached memo. ~To be distributed at meeting. -Landscape plan to reflect site plan with respect to dumpster location and berms. See attached memo. EXHIBIT J MEMORANDUM Carmen Annunziato Planning Director May 6, 1987 Don Jaeger Chief Imspector Buildimg Department Site Plan Approval: Quantum Park Temporary Sales Facility As a condition of site plan approval, the following commerces should be incorporated into the related documents by the applicant: 1. All plans submitted for public record, including site plans prepared by a registered professional in the state of Florida, must be signed and sealed. 2. The building-must be accessible to the handicapped. 3. Light standards must be designed to withstand a fastest wind speed of 120 m.p.h, in accordance with Chapter 12 of the Standard Building Code'. ~. Sitel'zghtzng' must be energy efficient and photo cell activated. 4. ~roposed signage should be submitted for community Appearance Board review. 5. The black olive trees along N.W. 22nd Avenue should be moved back out of the 15 foot utility easement The following comments are for the applicant's~formation: In order to facilitate the permitting process, the following documents should be submitted in duplicate to the Building Department for review at the time permits are desired: 1. Complete sets of the construction documents and ~lans, signed and sealed by the relevant design professionals. 2. Soil borings with the soil engineer's recommendations for obtaining the necessary soil bearing values. 3. Signed and sealed energy forms in compliance wit-h the State Energy Code. 4. Health Department approval of the well and drain field. 5. South Florida Water Management District approval. 1. The City will require that a~.bond he posted for-the removal of the building and parking area. 2. Astatement should be submitted indicating the proposed length Of time this temporary facility will be on site. 3. The plat must be recorded prior to the issuance of building permits. The applicant's prompt compliancewith the preceding comments will insure a %imely permitting procesS. DJ:bh XC: E. E. HoWell Don Ja~r EXHIBIT J-1 MEMORANDUM May 7, 1987 TO: FROM: RE: Mr. Jim Golde~ Planning Department Tom Clark City Engineer Quantum Temporary Sales Facility Comments:- 1. Additional information is required prior to getting a building permit for this construction as follows: (a) Radius for roadway turnout at N.W. 22nd Ave. (b) Lighting (c) A cross-section showing the Parking lot construction including the decorative stone. TAC/ck Tom Clark EXHIBI% J-2 ~ ANSVd~Z IATO PLANNING DIRECTOR MEM ORANDUM · ,',T. MAY 6, 1987 FORESTER/HORTIC~3LTURIST THE LANDSCAPE PLAN-FOR THIS PROJEC~ IS ADEQUATE EXCEPT: QUANTUM PARK TEMPORAR~ SALES FACILITY -- SITE PLAN r 1. T~- H~DGE MATERIAL SCREENING THE PARKING LOT FROM iTW 22n_~d AVENUE MUST BE 36" HEIGHT AT TIME OF PLANTING. ALL AREAS ON T~fE CLF-2LRED SITE WHICH ARE NOT LANDSCAPED MUST BE Sm'~nED AND IRRIGATED TO PREVENT SAN/) BLOWING. THE GRASS -SEED SHOULD BE COMPATABLE WITH THE SS~ROUNDIMG GRASS SPECIES. KJfI: ad EXHIBIT J-3 EAST t22 FEET OF LOT 21 IN BLOCK "A".-OF PENCE SUBDIVISION NO. 1, IN THE TOWN OF BOYNTON, FLORIDA, ~.AS DE'CRUiSED IN.PLAT BOOK 1, PAGE 33, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN. AND FOR SAID COUNTY, LESS THE EAST ]8. FEET AND LESS A STRIP OF LAND OVER, THROUGH AND ACROSS LOT 21 SAID STRIP OF LAND LYING WESTERLY OB', ADJACENT TO, AND CONTIGUOUS WITH TIlE F~IMTING. WEST RIGtIT OF WAY LINE OF STATE ROAD 5 AND MEASURING 0.64 OF A FOOT ALONG THE NORTt{ LINE OF SAID LOT' 21 AND' 0~56 OF A F~K~T ALONG T~E SOUTH' LINE OF SAID LOT. 23.,. . ALSO: ~ ' EAST 122 FEET OF LOT 20, IN BLOCK "A" OF PENCE SUBDIVISIO-~-N-d~-~ %, -IN THE TOWN OF BOYNTON, FLORIDA, AS DESCRIBED IN P~AT BOOK l, PAGE 33, 1N THE OFFICE OF THE CLERK OF T~E CIRCUIT COURT IN AND '-FOR SAID COUNTY, LESS THE EAST ]8 FEET AWD LESS A STRIP OF LAND OVER, TttROUGH, AND ACROSS LOT' 20, SAID STRIP OF ~A~D LYING WESTERLY OF, ADJACENT OT, AND CONTIGUOUS WITH' THE EXISTING'WEST RIGHT OF WAY LINE OF STATE ROAD 5 AND MEASURING 0.7~ OF A FOOT ALONG THE NORTH LINE OF SAID LOT 20¢ AND 0-64 OF A FOOT ALONG.THE SOUTh{ LINE OF SAID. ~OT 20. . . EXHIBIT K STAFF COMMENTS SMITH OFFICE BUILDING SIT~- PLAN Building Depar,tment: Engineer~Department: Utilities Department: Police Department: Public Works Department: planning Department: Forester/Horticulturist: See attached memo. See attached memo. To be distributed at meeting. -Sign needs to be moved back so it will not obscure vision in the s~tdistance area. If dumpster gates are provided then drop bars will be required. Site plan to accurately reflect pavement edge on southeast corner of survey. See attached memo. EXHIBIT L-1 MEMORANDUM Carmen Annunziato Planning Director May 6, 1987 Don Jaeger Chief Inspector Building Department Site Plan Approval: Smith Offic~ Building As a condition of site plan approval, the following comments should he incorporated into the related documents by the applicant? 1. The proposed structure shows a roof overhang encroaching into the rear 20 foot setback area. This is not permitted by the City Zoning Code. 2. Construction:plans indicate a six inch step up into the building. Both offices must be accessible to the handicapped from the parking area. 3. The survey indicates an existing finish floor elevation of 9.08 feet while construction documents show the proposed elevation to be 8.8 feet. Please correct this discrepancy. 4. A coping beam is required for the dumpster enclosure. ~. The free-standing sign encroaches into the required sight area at the corner of S.E. 5th Avenue and So.. Federal Highway. The following comments are for the applicant's information: In order to facilitate the permitting process, the following documents should be submitted in duplicate to the Building Department for review at the time permits are desired: 2. 3. NOTES: 1. 2. Complete sets of the construction documents and plans, sealed by the relevant design professionals. Soil borings with the soil engineer's recommendations obtaining the necessary soil bearing values. Signed and sealed energy forms in compliance with the Energy Code. D.O.T. turn ouu permit for work in the Federal signed and for State Highway right-of-way. Existing fuel tanks must be removed prior to construction. Separate permits are required for paving, signs and site lighting. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. DJ:bh XC: E. E. Howell Don Jaeger~ EXHIBIT L-2 MEMORANDUM ..... .......................... Planning Department ................... May 6, 1987 -FROM:- Tom-Clark City ~ -- - ~ng~neer ~ - RE.-... r~Smith Of-~&ce~B.u. itdin~- ~ Co~ents: ~ .j~.:~,_ D~9~gse_~a$cu~gns ass~e sand sub-soil. This ....... '.. sh9¢~¢::~ ~y~[if~d vi~ "6~¢Si~}-ih~e~gat~o~.' ~2 ~ils~ ~e~%~' are req~ire~' fo~ the dry ponding areas 3. The handicap r~p should be shown in'~he Paving ~nd Drainage drawing and a detail provided. 4. The new sidewalk must be raised 8 inches ~ove the pavement and must conn~t to the sidewalk on U.S. 5. A '~triping detail is required for parking stalls. 6. Lighting for parking lot must meet code requirements. What does Al,3 mean? Show lighting i~tensity on plan. 7. Traffi~ control devices to. comply withL.MUTCD. 8. Based on pavement elevations shown,.it appears that water will be trapped within paved areas. TAC/ck Tom EXHIBI% CARMEN ANNUStZ IATO PLANNING' DIRECTOR FORESTER / HORTICULTURIST MEMORANDUM MAY 6, 1987 SMITH OFFICE BUILDING SITE PLAN THE FOLLOWING IT~qS SHOULD BE ADDRESSED BY THE APPLICANT RELATIVE TO THE LANDSCAPE PLAN. TREES DESIGNATED TO HAVE A CLEAR TRUNK OF 6' MUST BE LARGER THAN 8 ' .OVERALL HEIGHT. 2. F~FTY P~RCENT OF THE TREES MUST BE NATIVE SPECIES. 3. THERE SHOULD BE FOUNDATION LA/~DSCAPING PROVIDED AROUND THE BUILDING. 4. THE DUM~STER IS SHOWN PROTRUDING INTO THE 5' LANDSCAI:E STP~IP WHICH IS PROHIBITED. ~K~IN J. H~LAH~/g ~ IfJ~: ad EXHIBIT MEMORANOUM To: Oa~ec Subject: Carmen, Rnnunztato, Planning Oirector~ [.v/ TRB Review --Smith Office Building ~e can approve this project subject to the foilowing changes to thw plans: _ 1. Install a cleanout at the property line if.none exists, Z. Shou ~11 ~ire hydrants ~ithin Z~ ~eet of the building. Frovide ~dditionat hydrant if required. ge reco~end the water service be relocsted northuard to the land- scaped area.~ This department will be uilling to tap the asbestos cement pipe if the developer egreea to this relocation and provides excavation plus restoration. Note that City uater is not to be used for irrigation. xc: Peter Mazzella EXHIBIT STAFF COMMENTS HUNTERS R%~ GUARDEOUSE SITE PLAN Building Department: utilities Department: Planning Department: See attached memo. To be distributed at meeting. A parking area°is to be provided for guardhouse employees and security vehicles similar to that which has been provided for the guard house at the south entrance. EXHIBIT M-1 Carmen Annunziat o Plann~ng Director D~ ding ~6gar tmeng ........ MEMORANDUM 1987 FILE · ,,~ SiCa:~Ian Approval:- Hunters Run Guardhouse As a condition of site plan approvaI,z~he following -comments'should be incorporated into the related documen~s.~y th~applicant~.-.~_u: The structure must b.e handicapped accessible. 2. An automatic sprinkler system must be provided for landscape material. 3. A parking area must be provided for employee parking. 4. Elevations of the road crown for Summit Drive,must be provided. The. following comments are for the ~pplicant's information: In order to facilitate the permitting process, the following documents should be submitted in duplicate to the Building Department for review at the time permits are desired: 1. Details of the proposed automatic gates. 2. Energy calculations in compliance with the State Energy Code if the proposed structure is to be-heated or cooled. 3. Complete sets of construction plans and documents, signed and sealed by the relevant design professionals. The applicant's prompt compliance with the preceding insure a timely permitting process. comments will Don Jae er DJ:bh XC: E. E. Howell EXHIBIT M-2 - MEMOR~NOUN From: Oa~e: Carmen.~nnunziato, Planning Director John A. 6uidr¥, Director o{ Hay ?, 1987 Sub3ec~: TRB Revie~J - Hun~er'~ Run Guard Building We can approve this project, subject ~o the following conditions: 1. Provid~ details on the sanitary and w~ter services. The sanitary service ~lI1 .be private, and extend ~o ~he bottom o~ the manhole. Peter Mazzella EXHIBZT M-3 ST-AFF COMMENTS HU~TERS RUN TRACT K - T~E OAKS ~'' '~ ..... SITE PLAN MODIFICATION Buitd~.'.~g ~D~ar'~.~ ~t~..~ i. ~ ..... See ~ttached memo. Utili~'~.'D~a~t~ent:~ ~" NO construction is ......... ~ ..... ~.- easements. allowed in EXHIBIT N-Z MEMORANDUM Carmen Annunziato Planning Direct. or Don Jaeger Chief Inspector Building Department May 5, 1987 Site Plan Modification: Hunters Run Tract K - The Oaks (Enclosures/Porches) As a condition of site plan approval, the following comments should be incorporated into the related documents by the applicant: 1. Ail plans submitted for public record, including site plans prepared by a registered professional in the state of Florida, muse be signed and sealed. 2. Approval of this modification by the Community Appearance Board requires the submittal of typical building elevations for the Board's review. The following comments are for the applicant's information: 1. Additions and porches for these structures n~st comply with Table 600 of the 1985 Edition of the Standard Building Code for distance between buildings as it relates to the fire rating of exterior walls and the percent of allowable openings. This section applies to both structures, the proposed and the existing. Building permits'are required for construction of all enclosures, porches, walls, trellises and patios. Structures cannot encroach into platted easements. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. DJ:bh XC: E. E. Howell EXHIBIT N-2 From: Da~e: Carmen .~nnunziato, Planning Director John R. Guidry. Director o; Ut~litie~ May ?, 1987 Sub~ec~: TRB Revie~ - ~unter'~ Run'Guard Building Qe can approve ~hts pro~ect, sub~ect to the roliou~ng conditions: 1. Provide details on ~he s~ni~ary and uater services. The sanitary service uill be private, and extend to the bottom o~ the EXHIBIT N-} S~AFF COMFORTS HUNTERS RUN TRACT L - THE WOODS ~ ~"- Si~E PLAN MODIFICATION Building Department,.- Plannzng Department: See attached memo. No construction will be allowed in easements. Unit type label IV needs to be changed to VI on the site plan. EXHIBIT 0-t Carmen Ar~aunzzato Planning DireCtor Chief . f ~:.~.'i-J .... .... .MiEMO RAN D U M May 5, 198,7 -c'='e '"~;~z':'E[~tevz~'~ian Modification: .... Huntars. hun .?~ract L -~ ~e Woods As condition of site plan approval,.--the-fo~I6~ing c'om~,ents should be incorporated into the related documents by the applicant: 1. All plans submitted for public record, including site plans prepared by a registered professional in the state of Florida, ~ust be signed and s~aled.. App~ova~ of this modification by the Community Appearance Board requires the submittal of typical building elevations for the Board's review. The following comments are for the aDDlicant's ~{ormation: 1. Additions and porches for these structures must comply with Table 600 of the 1985 Edition of the Standard Building Code for distance between buildings as it relates to the fire rating of exterior walls and the p~rcent of allowable openings. This section applies to both structures, the proposed and the existing. Building permits are required for construction of all enclosures, porches, walls, trellises and patios. 3. Structures cannot encroach into platted easements. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. DJ:bh XC: E. E. Howell Don Jaege% EXHIBIT 0-2 MEMORANDUM MAY 4, 1987 TO: CARF~EN $. ANNUNZ!ATO, PLANNING DIRECTOR FROM: JAMES J. G~LDEN, SENIOR CITY PLAbFNER RE: ~A¥ CARE CENTER A~ QUANTUM PARK With respect to the letter submitted byGeor~e Zimmerman, Vice President of Development for Deutsch-Ireland Properties, of a day care center use at'the Quantu~Park of 115 of the Comprehensive Plan Evaluation notes the increasing need for day care centers,city-wide. It can be anticipated that the future projected emploFmentfor the Quantum Park development will substantially increase the need for such a facility on-site. zoning ¢ Currently, day care centers are listed-as a permitted use, subject t? Conditional Use Approval, in the following zon~ .... districts° R-2'] R~3, C-1~ C-2, C.3, C-4, and CBD. Day care centers are i~ the PCD zoning category, and are not' Approval if shown on the Master Plan require~ as part of the ~submismion for rezoning t-o PCD. Based on the above, it~ recommended that day care centers be listedas an.~ cf Commerce PI/), =, consistent with similar 'multi-family, and commercial the day care center use should designated on the Mas~er Plan for an~shoUtd be restricted from These selection and design. JJG: ro cc Central File SAn~ Jf GOLDEN · EXHIBIT P-1 MEMORANDUM 5 May 1987 FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. Annunziato, Planning Director: Day. Care Centers at Quantum Park PID .... Attached is a Memorandum from Senior Planner, Jim Golden concerning use approval for day care centers atthe Quantum Park of commerce Planned Industrial Development. With respect to Mr. Golden's Memorandum, it is recommended that day care centers be included on the list of permitted uses, subject to Conditional Use approval, and be confined to those parcels designated on the Master Plan for office, commercial or club uses~ y CARMEN S. ~NUNZIATO /bks Attachment EXHIBIT P-2