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Minutes 09-09-86MINUTES OF THE PLANNING & ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 9, 1986 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Chairman George deLong Marilyn Huckle John pagliarulo Simon Ryder Robert Wandelt Leonard Mann, Alternate William Schultz, Alternate Tim Cannon Senior City Planner Jim Golden Assistant City Planner ABSENT Garry Winter, Vice Chairman (Excused) Chairman Trauger called the meeting to order at 7:32 P. M., and requested William Schultz, Alternate Member, to sit on the Board. Leonard Mann was welcomed to the Board by all of the Members. Chairman Trauger recognized the presence in the audience of Mayor Nick Cassandra, Vice Mayor Carl Zimmerman, Councilman Ezell Hester, City Manager Peter Cheney, and Owen Anderson, Executive Vice President of the Greater Boynton Beach Chamber of Commerce. He introduced the Board Members, Mr. Cannon, Mr. Golden, and the Recording Secretary. AGENDA APPROVAL Under "D. OTHER", Chairman Trauqer said "2. Comments on park- ing facilities for Tri-County C6mmuter Rail System" should be stricken from the agenda. It will come before the Board at a later date. Mr. deLong asked what the reason was for striking it. City Manager Cheney explained that Mike Schroeder, Attorney for the Rail System, 1 Lincoln Place, Suite 301, Boca Raton, wrote a letter asking that it be postponed for at least a month. As there were no objections from the Members, the Agenda was approved with the correction. MINUTES OF AUGUST 12, 1986 Mr. deLong called attention to the next to the last paragraph on page 21 and asked that the minutes reflect that "In answer to a ~uestion posed by Mr. deLong, Mr. Annunziato clarified - 1 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Mr. Ryder moved to approve the minutes as corrected, seconded by Mr. Pagliarulo. Motion carried 5-0. Mrs. Huckle and Mr. Wandelt abstained from voting as they were not present at the meeting of August 12. ANNOUNCEMENTS None. COMMUNICATIONS Mr. Cannon passed out items to be attached to the agenda packets of the Members and requested that "3. Request from Greater Boynton Beach Chamber of Commerce to hold a Sidewalk Sale" be added to the agenda under "D. OTHER". He explained that the zoning regulations require that the P&Z Board and the City Council approve all sidewalk sales. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT Project Name: Agent: Owner: Legal Description: Location: Description: Waterview at Boynton Lakes (postponed at August 12, 1986 meeting) Michael Puder, Southeast Development Enterprises, Inc. Southeast Development Enterprises, Inc. Lennar Homes, Inc. Florida Properties of Boynton, Inc. HMF Investment, Inc. See "Addendum A" attached to the original copy of these minutes East side of Congress Avenue, south of Hypoluxo Road Request for the abandonment of a portion of a 10' utility easement (4' reduction) in plats Nos. 5 and 6 at Boynton Lakes in order to allow for the addition of patios/screened enclosures - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 By letter dated August 26, 1986, Mike Puder, Southeast Development Enterprises, Inc., 4200 North Congress Avenue, asked that the hearing be postponed and rescheduled for October 14th. Mr. Cannon stated that, apparently, Mr. Puder still did not have the letter of authorization from Lennar Homes. Chairman Trauger noticed it had been postponed from August 12th. · Mr. Wandelt moved that the hearing for Waterview at Boynton Lakes be postponed until October 14, 1986. Mr. Ryder seconded the motion. Chairman Trauger thought they were trying to hold down the length of time projects were postponed. Mr. Wandelt did not realize there was any time limit. Chairman Trauger explained that he gets concerned about plat plans going for years with nothing happening. Mr. deLong was informed by the Members that this was the applicant's second request for a postponement. Since they were recommending the postponement to a specific date, Mrs. Huckle felt it would be all right to do it this time. When it comes up again, they can make another deter- mination. After two postponements, Mr. Wandelt thought they should really consider it. Until that point, there could be extenuating circumstances involved. A vote was taken on the motion, and the motion carried 7-0. CONDITIONAL USE 2. Project Name: Agent: Owner: Legal Description: Location- Description: McDonald's Restaurant Gary Smith McDonald's Corporation Heyman Properties See "Addendum B" Federal Highway at S. E. 18th Avenue, east side Request for Conditional Use approval to expand the existing drive-thru facility PARKING LOT VARIANCE 3. Project Name: Agent: McDonald's Restaurant Gary Smith McDonald's Corporation - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Owner: Legal Description: Location: Description: Heyman Properties See "Addendum B" attached to the original copy of these Minutes Federal Highway at S. E. 18th Avenue, east side Request for relief from Sections 5-141(a) "Lighting" and 5-141(e) "Drainage" of the Parking Lot Regulations Mr. Golden said he would make one presentation for the COnditional Use and Variance Request because they were inter- related. He read page 1 and the first paragraph on page 2 of a memo dated September 5, 1986, addressed to the Board, from Carmen S. Annunziato, Planning Director, re the Conditional Use Application. With regard to Section ll.2.D of the Zoning Regulations, "Standards for Evaluating Conditional Uses" on page 2 of the memo, Mr. Golden said satisfactory provisions have been made concerning items 2 through 10. He read what the applicant proposes to do from the last paragraph under item 1 on page 2. Currently, the driveway is one way only, which allows for egress. The driveway is also configured somewhat toward the northwest to prevent the left turn egress to travel southbound on Federal Highway. Mr. Golden said the Planning Department recommended that this reconstruction not be permitted at this time, as it would allow for that dangerous left turn movement. However, the developers of Sunshine Square, in connection with the new Publix, were required to bond the traffic signal at S. W. 18th Avenue and Federal Highway, at such time when it is warranted by the County Traffic Engineer. When a signal is provided, Mr. Golden said it would then be proper to allow for the reconstruction and widening to provide for both ingress and egress. This would alleviate the dangerous problem of the left turn without a traffic signal. Mr. Golden informed Mr. Ryder that it should remain as it is right now until a light comes in. Chairman Trauger ques- tioned whether they could do the construction on the other side. Mr. Golden said they could do everything with the exception of widening the southern driveway at Federal High- way. Mr. deLong asked if there was any problem with letting them widen the driveway until the light comes in. Mr. Golden - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 replied that the City staff looked at that, and he did not know that there would be any problem to the redesign of the parking lot if they did not widen the driveway at this time. Mr. deLong was thinking of the extra expense in bringing the people back in to widen the driveway at a later date, when they might be able to do it, but not use it for egress until the light is in. It might be a big savings to McDonald's. Once the driveway is in, Mr. Wandelt inquired how they could prevent it from being used. Mr. deLong replied by signs and barricades and said there are ways of doing that. Mr. Wandelt advised that it would not work. According to the City Engineer, Mr. Golden said the way this was initially approved was to allow for ingress only, and to maintain that config- uratiOn, the angle was to the northwest to prevent that left turn movement. Without a signal there, there is a conflict of left turns, and people make "U" turns. It would be a very dangerous situation to allow the left turn at this time. Chairman Trauger asked if anyone had knowledge about when the signalization will go in. Mr. Golden answered that it will be signalized when warranted by the County Traffic Engineer (when the counts are sufficient to indicate that a light is needed). He agreed with Chairman Trauger that Publix will probably generate it, once they are in. City Manager Cheney added that the City has a bond from Burger King that is five years old, and he believed it would expire in November. Just this week, the City received a letter from the bond company, asking if the bond should be renewed. The City apparently now has the potential of three bonds. One is about to expire. They obviously need to pull something together all of a sudden with Publix, McDonald's, and Burger King. City Manager Cheney asked Mr. Golden if he was aware of the Burger King bond. Mr. Golden answered affirmatively and said he brought it up at the meeting of the Technical Review Board (TRB). City Manager Cheney asked if McDonald's would be required to provide a bond. Mr. Golden replied that they did not require McDonald's to put up any money, as Publix had bonded the full cost. There was discussion as to whether Burger King also bonded the full cost of the lights. Mr. Wandelt recalled it was the whole amount. Mrs. Huckle doubted that he was right. City Manager Cheney did not think it was the whole amount. Mrs. Huckle asked what is usual in that situation and if it was to renew the bond. City Manager Cheney could not answer - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 that tonight but thought they had to do something quickly. Chairman Trauger asked whether they could request that the bond from Burger King be extended. City Manager Cheney replied that they could but he was not sure it would do much good. ' Mrs. Huckle inquired if that was not the province of the State. City Manager Cheney answered, "The State and County.,, Mrs. Huckle questioned whether it would really be the City's problem. City Manager Cheney explained that the City does not want any bonds to disappear if there is any way they can capture them before they go. Mr. Schultz wondered if he would be in order to recommend that the two McDonald's items be postponed, pending the conclusion of the bond issue with the City. Chairman Trauger said that was a consideration, but he presumed they would want to get the reconstruction as a Conditional Use. Mr. Schultz responded that one month on the outside recon- struction would not hurt McDonald's that much, and it would force the bond issue to be settled by the City before they would be given the go ahead to go on with the construction. Mr. Ryder questioned whether they had to do that and said they could go with the recommendation that the use of the access be permitted as it has been up until now (no egress). Mr. Schultz was informed by the Members that it was Burger King's bond, and Mr. Wandelt did not see how they could hold McDonald's. The Members agreed. Chairman Trauger understood that even though the money and bonds were available, the County would not allow the light until they got the traffic count. Mr. Golden believed the wording for Publix was they had to post the bond before the issuance of any building permit. Regardless of where the money is, until they get the traffic count, Chairman Trauger commented that they cannot put up a light. Mr. Wandelt thought they should not allow the change in the entrance way.- Mr. Ryder noticed that cars are leaving and making left turns. Mr. Golden stated that it happens in a number of other sites in the City and poses a problem. Ana Maria Arias, Construction Engineer, McDonald's Corpora- tion, 6451 North Federal Highway, Suite 1210, Fort Lauderdale, explained that Gary Smith was not able to attend. The only reason they requested to have the entrance changed was because of the radius going into the site. Instead of - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 going easterly, people have to go in and come back. Ms. Arias said they had no problems with maintaining that as an egress only or maintaining it as it is. She thought it would be a better movement if they could redo the entrance and maintain it as egress. Ms. Arias said they have good traffic flow, and she explained. Mr. Ryder asked if she was indicating that the ingress could be improved. Ms. Arias went to the plan and showed the way the entrance to the site is now and how people have to turn. She pointed out how they would make the radius so the entrance would be easier. Chairman Trauger said part of the problem was if they widen it, people will sneak out of it, exiting on that side of the parking lot. If they make it any wider, they will be liable to encourage more of that until they get a light. If they come out of there and do not turn right, they will try to turn left. Chairman Trauger saw them do that. Ms. Arias said they would have no problem maintaining it as an egress as the Board recommended, i , It seemed to Mr. Ryder that it would be safer to leave it the way it is. He reiterated some of Chairman Trauger's comments. Mr. Wandelt admitted that Mr. deLong's suggestion that they allow that to be changed made sense to him now. On the north side, they should shorten that with barricade poles that could be removed later on. Ms. Arias asked what he meant by the north side. Mr. Wandelt replied that the north side has that wide swing, which would indicate an easy outlet for people that are using the parking lot on the south side. Ms. Arias saw what Mr. Wandelt meant and said they are trying to change that radius, but they can leave it like it is. Mr. Wandelt suggested that it be closed in more to discourage anyone from going out of there. Mr. deLong clarified that with barricading or using artificial facilities to prevent egress, it may behoove the applicant to go ahead with what they need to do so that they do not incur the additional construction costs of bringing a crew back in. Mr. Wandelt interjected that it is a sharp turn coming from the south, going north, and it would be more accessible and easier to enter if the sharp turn was taken out. Mr. deLong said the applicant had to determine whether it was worth the additional cost or if they just want to wait in a status quo until a light is put up. Ms. Arias stated that would not be an issue. It is not going to be a hardship that it would be that much that they - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 could not put it in. leave it as it is. Chairman Trauger thought they should Staff Comments as to the Conditional Use Chairman Trauger asked Ms. Arias if she agreed with the staff comments of the Planning Department on the Conditional Use, shown as 1, 2, 3, and 4 on page 5 of Mr. Annunziato,s memo. Ms. Arias answered that they agreed to 1, 3, and 4. On page 6, they agreed to the Engineering Department,s com- ments and also to the comments of the Building Department. With regard to paragraph 2 of the Planning Department,s comments, Ms. Arias said they do not have any parking lot lights at all. It used to be a franchise store, and the company recently bought it. They are renovating all of the stores in the Palm Beaches. The City Code requires that they go to high pressure sodium. In the 70s, when they had the energy crisis, McDonald's changed from the mercury to high pressure sodium because it made a difference in operational costS and energy. Ms. Arias admitted there is a difference between sodium vapor and metal halide but said it is not that significant. With metal halide, you get a quieter light. The sodium is a yellowish light and is not as bright and clear Ms. Arias said they are investing money in th~ stOre to ma~e it look pretty, and the yellow light looks different than what they had intended. In some cases, they have had complaints from customers that the parking lot is not well lit, and they have been sued because people have fallen. Ms. Arias said Boynton Beach is the only city so far that has required that they go with the high pressure sodium vapor. Mr. Golden recommended that this discussion be held off until the variance is presented to be voted on by the Board. If the variance is not approved and is denied, he said it was obvious the applicant would have to provide the high pressure sodium vapor lighting, but it was a separate issue from the Conditional Use. There was discussion about paragraph A, 2, page 5, of Mr. Annunziato's memo. Mr. Ryder thought it should be left in the memo, and they could take it up with the Parking Lot Variance. He noted that was the only quarrel-Ms. Arias had with the staff comments. Ms. Arias agreed. Ms. Arias agreed with the staff comments, except for A, 2 on page 5. Mr. Golden mentioned that the comment was a blanket - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 statement to advise that the applicant must provide high pressure sodium vapor lighting in the~event the variance is denied. Chairman Trauger asked if anyone in the audience wished to speak in favor of the proposal. There was no response. Chairman Trauger asked if anyone wished to speak in opposi- tion to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Motion on Conditional Use Mr. Wandelt moved to approve the Conditional Use, subject to staff comments, and that staff comment A, 2 in Mr. Annunziato's memo be reviewed when the Parking Lot variance comes up on the Agenda (item 6, A, 3, or the next item on the Agenda). Mr. Ryder seconded the motion. Motion carried 7-0. Presentation on Parking Lot Variance Mr. Golden read the memorandum dated September 4, 1986 from Carmen S. Annunziatio, Planning Director, to the Board, re McDonald's Restaurant Parking Lot Variance, beginning with the last paragraph on page 1. In the notice of public hearing on the lighting, Mr. PagliarUlo noticed that it said, "High pressure sodium vapor or equivalent efficient lamps are required." He asked if he was to believe high pressure sodium vapor was not in the City Code and was just a policy. To the best of Mr. Golden's knowledge, metal halide may come close but is not as energy efficient as high pressure sodium. Mr. Pagliarulo wondered who would be able to determine that. Mr. Ryder replied that the Downtown Review Board (DRB) and the Community Redevelopment Agency (CRA) had requests to use other than sodium vapor, and Craig Grabeel, Assistant to the City Manager, appeared a couple of times. He thought it apparently had been established that sodium vapor was more energy efficient than metal halide or mercury vapor. Mr. Wandelt pointed out that was at a time when the other type of lighting was not brilliant enough. Mr. Wandelt asked if the metal halide is brighter now and has come out since the sodium vapor. Mr. Golden thought it had been around for awhile. The only exceptions he could think of where they permitted metal halide-were Caloosa Park and Pylon Interstate Plaza, and he explained why the lighting was allowed. - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 It seemed to Mrs. Huckle that with the high crime rate and all of the activities that go on, the current emphasis these days should be more on safety than energy conservation. She thought illumination would help a lot. Mrs. Huckle expressed that she does not care much for the yellow lights and does not feel safe in parking lots that have them. She thought they should go in the vein of safety before energy conservation. Mr. Ryder advised that this is part of the City's Comprehen- sive Plan energy element, and he did not think it was within the BOard,s province to depart from it, unless proof was presented that this was energy efficient. The Members pointed out that it was a variance. Mr. deLong asked, "When doesn't the public's safety preempt the Comprehensive Land Use?" Mr. Ryder thought they were getting far afield, and he explained. Chairman Trauger advised that the Board had the power to recommend a variance, Mrs. Huckle thought the applicant had made a good case and if it was a precedent fOr another situation, she did not think it was bad. If they were willing to change it for aesthetics, Mr. deLong thought certainly safety would preempt that. He thought the Board had every right and authority to make that recommenda- tiono There was discussion about Pylon, Caloosa Park, and the rules the Board goes by. Mr. Golden informed Mrs. Huckle that the basis for a variance is a hardship. In the recommendations, Mr Golden did not see anything in the request Section that was unique in this project or different from any other project, and that was the basis of his recommendation. Mr. Ryder thought the Members should be aware that they would be setting a precedent. Mr. deLong advised that each individual case has to be judged on its own merits. When the energy element was put together by staff, Mr. Golden pointed out that it did have a specific provision which indicated that the parking lot regulations'should be amended to provide such Wording for high pressure sodium lighting, so this was something that was well thought out at the time and implemented through the parking lot regulations into the Code. Mr. deLong commented that a variance proves the universal effect of what they want. If this particular location should - 10 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 have higher intensity lighting for public safety reasons, there would be no problem with that because it would not mean ten more would be passed next week. They would still have to come before this Board. Mr. Golden inquired whether there was a crime problem. Mr. deLong answered that there is a crime problem throughout the United States, and it happens here as well as in Delray and Jupiter. If they could take steps to avoid that by adding more illumination to a frequently habitated, thriving restaurant, he would be in favor of giving them the higher intensity lighting. Although there are some facilities that might infringe on private homes and neighborhoods, Mrs. Huckle did not believe there were any homes or apartments that would be adversely affected by the brighter illumination. Mr. Golden agreed and added that everything on all four sides is commercial, and there is an undeveloped R-3 zoned parcel that is over 100 feet to the east. There was more discussion. Chairman Trauger asked if anyone wished to speak in favor of the proposal or in opposition. Hearing no response THE PUBLIC HEARING WAS CLOSED. ' Mr. deLong moved that the application for McDonald,s be approved, subject to staff commen~s. Mr. Schultz seconded the motion. Mr. Golden advised that two variances were being requested. After discussion, Mr. Golden pointed out that the three items listed under lighting were justification for denial, rather than staff comments per se. Mr. deLong withdrew his motion and Mr. Schultz withdrew his second. ' Motion re Parking Lot Variance Mr. deLong moved that the application made by McDonald's Restaurant with regard to the lighting and the parking lot variance be approved with the exception that in this particu- lar instance the applicant be allowed to substitute metal halide lighting in lieu of the required high pressure sodium lighting. Mr. Schultz seconded the motion. Motion carried 6-1. Mr. Ryder voted against the motion. Mr. Ryder informed the Members that he was opposed to the motion because no proof was presented that the metal halide lighting is equally energy efficient. SEE PAGE 27 FOR CONTINUATION. - 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 ANNEXATION e Project Name: Agent: Owner: Location: Legal Description: Boynton Center Plaza Len Kirschke Leonard Briscoe West side of Federal Highway, approxi- mately 1,125 feet north of Gulfstream Boulevard The Wly 150 feet of the Ely 167.83 feet of the Southerly 200 feet of Lot shown as Tract A (as measured parallel with the South and East lines of said Tract A), AMENDED PLAT OF TRADEWIND ESTATES, Palm Beach County, Florida. Description: Request to annex a .66 acre tract of land LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Owner Location: Legal Description: Se Boynton Center Plaza Len Kirschke Leonard Briscoe West side of Federal Highway, approxi- mately 1,125 feet north of Gulfstream BOulevard Same as "Legal Description,, under "ANNEXATION,, above Description: Request to show annexed land as Local Retail Commercial and to rezone from CG (General Commercial) to C-3 (Community Commercial) for the purpose of construct- ing a 5,600 square foot mixed use commercial building Mr. Golden read pages 1 2, and the first paragraph of page 3 of the memorandum from Carmen S. Annunziato, Planning Director, addressed to the Board, dated August 28, 1986. Mr. deLong asked if this was not the piece of property on South Dixie Highway that the Board designated as C-4 for the Comprehensive Land Use Plan. Mr. Golden replied that C-4 applied to the parcels that fronted Old Dixie Highway. Mr. Cannon said a row of platted lotS face Old Dixie, and the Evaluation and Appraisal (E&A) Report indicated that whole block be zoned C-4. He estimated the depth would be - 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 about 150 to 210 feet. Mr. deLong thought what was pertinent was the back part of that property was included in the property the BOard recommended to be C-4. Mr Cannon confirmed that was correct. ' Mr. Golden clarified that the property immediately west of the applicant's property would still be in the C-3 area. Mr. deLong asked whether any of the back portion would go in the C-4. Mr. Golden answered that it would only be where they saw the line running, north and south, Mr. deLong remarked that a piece of that C-3 is going to be C-4 in the future Comprehensive Liand USe Plan. Mr. Golden agreed that was correct, if they have their fronts on Old Dixie, but it is not owned by the applicant. He told Mr. Ryder that the County indicated this was in conformance with the City's Comprehensive Plans for that area. Chairman Trauger asked which side of this made it contiguous. Mr..Golden answered the south and the east. The City recently annexed that portion of Federal Highway that abuts the appli- cant's. After discussion, Mr. deLong asked if there was not a consideration for minimum acreage for annexation. He had been talking about three acres, and City Manager Cheney informed him that had to do With a Planned Commercial Development (PCD). Because of the pocket, Mr. deLong thought the applicant should get it absorbed, especially where there is City water and sewer. Mr. Golden referred him to the memo from Perry Cessna, Director of Utilities, dated August 12, 1986, which said the applicant would have to extend water and sewer from the area across from the northeast corner of the Gulfstream Mall. He said the applicant is aware of that. Leonard Kirschke, 501 Lakewood Drive, Apt. 9B, Jupiter, Florida 33458, Agent, did not have the staff comments in front of him. Mr. Golden explained that he showed the applicant the staff comments prior to the meeting. Chairman Trauger said the comments were listed on page 4 of Mr. Annunziato,s memo, and he asked that the record reflect that the applicant agreed to the staff comments as presented. Chairman Trauger asked if anyone wished to speak in favor or in opposition to this proposal. There was no response. THE PUBLIC HEARING WAS CLOSED as to the Annexation°: - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Motion on Annexation Mr. PagliarUlo moved to approve the annexation requested by B°Ynton Center Plaza, subject to staff comments. Mr. Ryder seconded the motion, and the motion carried 7-0. Motion on Land Use Element Amendment and Rezonin~ In line with the State applications and the motions made on those, Mr. Golden thought they had to make a recommendation that the rezoning is consistent with the Comprehensive Plan. Chairman Trauger asked if anyone wished to speak in favor or in opposition to the request. There was no reSponse. THE PUBLIC HEARING WAS CLOSED. Mr. deLong moved that the rezoning request be approved, sub- ject to staff comments, and that the Board find it consistent with the Comprehensive Plan. Mr. Wandelt seconded the motion, and the motion carried 7-0. B. SUBDIVISIONS PRELIMINARY PLATS Project Name: Agent: Owner: Location: Legal Description: Description: Post Landing Richard L. Nichols Metro Development Corporation West side of Congress Avenue, north of N. W. 22nd Avenue See "Addendum C" attached. Request for the approval of the construc- tion plans and preliminary plat which provides for the construction of infra- structure improvements to serve 196 multi- family units in connection With a previously approved Planned Unit Development (PUD) Mr. Golden said this request was submitted along with the request for site plan approval for Phase II of Mahogany Bay. The developer of Post Landing (Post Florida) has a contract to purchase the Phase II portion of Mahogany Bay from Metro DevelOpment Corporation. Post Florida, the contract purchaSer, intends to develop the remaining Phase II of Mahogany Bay for 196 dwelling units, which will be similar in design and construction to the existing Mahogany Bay. - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 The parcel is located on the northeast portion of the Mahogany Bay site, or the northeast corner of the Congress Lakes PUD. It fronts on the west side of Congress Avenue, across from the Savannah Square Shopping Center currently under construction, and is bordered on the north by the L-21 Canal. Access is provided by a drivewa~ into Congress Avenue, directly across from the entrance to Savannah Square Shopping Center. A signal has been bonded at the intersec- tion and will be constructed when warranted by the County Traffic Engineer. In the meantime, Mr. Golden said the applicant will construct a stop sign. Water will be provided by connection onto a 16 inch water main located on the west side of Congress Avenue. Sewer service will be provided by connecting to the existing system in Mahogany Bay at the southern property boundary. The TRB recommended approval of the request, subject to staff comments. Mrs. Huckle questioned whether the existing Mahogany Bay would remain as the existing Mahogany Bay or if this corporation was purchasing it in addition to Phase II. Mr. Golden believed the corporation was purchasing the Phase II undeveloped portion. The existing Mahogany Bay project will continue to be owned and developed by the Metro Development Corporation. Mr. Schultz wondered what William Cavanaugh, Fire Inspector, meant by "Fire Flows need clarification,, in his memo of September 2. Mr. Golden recalled they had a problem with either sizing or the type of pipe, and they had been discuss- ing that. To the best of his knowledge, the applicant was aware of the concerns of the Fire Department, but he thought it was clarified in the memo dated September 3 from Peter V. Mazzella, Utility Engineer. There was more discussion about the comment and what it meant. Mrs. Huckle asked about the private garbage collection. Mr. Golden replied that the letter from the applicant indicated private garbage collection, but the City has the sole fran- chise for compacted service. A memo from the Public Works Department addressed that. Patrick j. Mullen, Project Manager, Gee & Jenson, Engineers- Architects-Planners, Inc., 2090 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33402, informed Chairman Trauger - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 that he saw the staff comments. Some of his staff members met with Mr. Bob Donovan, Building Department; Mr. Cavanaugh, Fire Department; and with Mr. Golden. They are basically in agreement with the staff. Mr. Mullen said they were un- able to get with Mr. Clark today to discuss the engineering comments but feel they will be resolved. As an Engineer, Chairman Trauger asked if Mr. Mullen saw any problem with the comments. Mr. Mullen did not. For the record, he said the comments are being addressed and are being resolved at this time to the satisfaction of the City staff. Mrs. Huckle moved to approve the preliminary plat for Post Landing, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. 2. Project Name: Agent: Owner: Legal Description: LOcation: Description. Villas of Hampshire (Tract G at Hunters Run) Charles N. Gilbert Summit Associates, Limited Tract G at Hunters Run, lying in Sec. 1, Twp. 46 South, Range 41 East, City of Boynton Beach, being a replat of portions of Tracts F, G, 10 and 11, Summit Plat No. 1, Plat Book 36, pages 48 through 51 inclusive, Public Records of Palm Beach County, Florida West side of Congress Avenue, south of the L.W.D.D. L-28 Canal Request for the approval of the construc- tion plans and preliminary plat which provides for the construction of infra- structure improvements to serve 60 single family and duplex units in connection with a previously approved Planned Unit Development Mr. deLong left the room at 8:45 P. M. Mr. Golden told the Members Tract G is located in the north central portion of the Hunters Run PUD, immediately west of Chanteclair Villas. Access will be provided by way of Summit Drive, which forms the southern boundary of the tract. There were two overlays. One shOwed the single family portion of the plat, and the second Showed the eastern or duplex portion. - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Water will be supplied by attaching onto an existing 8 inch water main located on Summit Drive. The proposed sewage collection system will consist of an 8 inch line that will connect onto existing manholes located in the southeast and northwest portions of the tract. The proposed utility plans are adequate, subject to the comments from the Utilities Department. Mr. Golden pointed out a comment from Tom Clark, City Engineer on the drainage. In the Comprehensive Plan E & A Report, on evaluating the City's Ordinances, it was determined that in the past, the City had not been complying with the requirements of subdivision regulations requiring filtration of storm water prior to discharge in water bodies. The plan submitted did not provide for this, and the City Engineer said an appropriate system has to be designed and approved by the City Engineer and incorporated in the final plat prior to final plat approval. The TRB recommended approval, subject to staff comments. Mrs. Huckle asked if the situation with regard to the drain- age system and the subdivision regulations had not been adhered to in the previous approval. Mr. Golden replied that it was part of the Comprehensive Plan E&A Report. When Mr. Cannon did an analysis of the Ordinances to deter- mine compliance with the regulations on the books, it was determined that in many cases in the past, the City and County had not enforced that particular provision. They made it a point that this was part of the Code and should be complied with in the future. Mrs. Huckle asked if anything retroactive was indicated. Mr. Golden answered, "No." Mr. deLong returned to the meeting at 8:50 p. M. Charles N. Gilbert, Architect, Hunters Run, 3500 Clubhouse Lane, Boynton Beach, Florida 33436, was informed that the Board had been discussing the drainage, which was item #2 in the memo from Tom Clark, City Engineer, dated September 2. Mr. Golden showed him the comment. With reference to paragraph 1 in Mr. Clark's memo, Mr. Gilbert said Tract G is composed of Hampshire and the Villas of Hampshire. Mr. Golden advised that the application stated, "Villas of Hampshire,,. Mr. Gilbert was sure they would work paragraph 2 of Mr. Clark's memo out. He was familiar with the memo, and was familiar with the Utility Engineer,s memo. Chairman Trauger - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 referred to the memo from William Cavanaugh, Fire Inspector, dated September 2, and asked if street names are available. Mr. Gilbert replied that the Members would see them on the site plan. He was agreeable with the staff comments. Mr. Ryder moved to approve the preliminary plat, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. C. SITE PLANS Project Name: Agent: Owner: Location: Legal Description: Description: Post Landing Patrick J. Mullen Metro Development Corporation West side of Congress Avenue, north of N. W. 22nd Avenue See "Addendum C" attached. Request for site plan approval to construct 196 multi-family units plus recreation and landscaping at Phase II of the Mahogany Bay project (Congress Lakes PUD) Mr. Golden said Congress Avenue forms the western boundary of the parcel. To the south and west is the Mahogany Bay project that is currently under construction. A lake separates Mahogany Bay from the western boundary. To the north is the L-21 Canal, and further north is the Melear PUD. Post Landing will consist of rental apartments, which will be distributed throughout nine separate buildings with 144 one bedroom units and 52Jtwo bedroom units. The buildings will be two and three stories in height. The color scheme has not been indicated. Five buildings are located in the northern portion of the site; the recreational facilities are in the central portion, and four buildings are located in the southern portion. Mr. Golden said the recreational items consist of five items, as approved in the master plan submitted by Metro Develop- ment Corporation. They included a jogging trail around the perimeter of the property, a swimming pool, a 2,700 square foot clubhouse, a park just south of the clubhouse, and a tennis court. In addition, there will be several'small picnic areas and gazebos. - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Mr. Golden said the number of parking spaces meets the Code requirements. Access to the site is provided by a driveway onto Congress Avenue, directly across from the entrance to Savannah Square. A signal will be provided at that inter- section when warranted by the County Traffic Engineer. As part of the required parking, the applicant has provided for several parking garages, which are permitted under the City's parking regulations. The TRB recommended approval, subject to staff comments. Mrs. Huckle noticed that the applicant did not fill out the maximum height of the structures. Mr. Golden called atten- tion to the comment from the Building Department that requested clarification and informed her that the height cannot exceed 45 feet. He felt the applicant would probably go less than that. Mrs. Huckle asked if the handicapped parking requirement was incorporated in this, as it was not specifically noted. Mr. Golden replied that there was a separate plan, where they detailed the specifications for the parking facilities, and he referred to a comment from the Planning Department about a discrepancy there, and he also called attention to comment 912 from the Building Department. Mrs. Huckle responded that the calculations were not on the form. Mr. Golden told her that the Building Department will review that when the plans are submitted for an internal review. Mr. Golden informed Mr. deLong that the unit types will have two stories on the ends and three stories in the middle, and they plan to have sprinklers in the buildings. He believed they would be wood construction, but that was not indicated. In item 7 of the memorandum dated September 3, from Bob Donovan, Chief Plan Reviewer, Building Department, Mr. Schultz noted he said two stories would be sprinkled. He assumed Mr. Donovan meant two and three stories, but his comment specifically stated two story units require sprinklers. Mr. Golden thought Mr. Donovan was implying two stories or greater, which is now a Code requirement. There was discussion about sprinklers, and Chairman Trauger alluded to an Attorney who spoke about them one night. With reference to item 2 in the memo from Peter Mazzella, Utility Engineer, dated September 3~ Mr. Schultz asked if Mr. Golden could give him any clarification on the statement that "polyethylene may be used if approved by the Fire Department". Mr. deLong thought the point they had to - 19- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 clarify was if they go PVC beyond the post indicator valves, and they require sprinkling of buildings two stories and greater, would they debilitate what they just tried to accomplish by allowing PVC. There was discussion. City Manager Cheney advised that all of these things are required in order to meet the standard Codes. Obviously, if the Code does not allow polyethylene, it will not be in, and he explained. Mr. deLong left the meeting at 9:05 P. M. Patrick J. Mullen, Project Manager, Gee & Jenson, Engineers, Architects, Planners, Inc., 2090 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33402, in response to a question by Chairman Trauger, was in agreement with the staff com- ments from the Building, Fire, Utilities, Police, Public Works, and Planning Departments. They reviewed all of the comments and are presently meeting with the staff to clarify some issues, work out their revisions, and to meet the staff's requirements. With reference to some of the com- ments he heard, Mr. Mullen assured the Members that every- thing is being done in accordance with Code. Mr. Mullen told the Members they met today with the Fire Marshall and the Utilities Department on the issue of the PVC pipe versus the polyethylene. It was a cost factor in design. It meets Code, but they said they would look at it to see if the cost differential will require it. After discussion, Chairman Trauger asked Mr. Mullen if he would state, for the record, that he was totally in agree- ment with the staff comments. Mr. Mullen could not say totally, but they are in agreement with the staff comments and are working out the clarification of some items. Mr. deLong returned to the meeting at 9:07 P. M. Mr. Mullen had not yet met with the City Engineer to understand what was meant by "extruded curbs". (See Building Department's comment #8.) He understood the Building Department would go along with what the City Engineer says. Chairman Trauger asked Mr. Mullen if he found any fault with that. Mr. Mullen did not and stated that he would accept the staff comments. Mrs. Huckle again referred to the garbage and the City's franchise. Mr. Mullen explained that was an error in the transmittal letter with the application. Mrs. Huckle - 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 determined that they did not mean to apply for the private franchise. Mr. Mullen stated that he was in error. Mr. Ryder moved to approve the site plan for Post Landing, subject to staff comments, including also the comments made by Kevin Hallahan, City Horticulturist. Mr. Wandelt seconded the motion. Chairman Trauger had not questioned Mr. Mullen about the comments from the Horticulturist. Mr. Mullen had a copy of the comments. A vote was taken on the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Villas of Hampshire (Tract G at Hunters Run) Charles N. Gilbert Summit Associates, Limited West side of Congress Avenue, south of the Lake Worth Drainage District (LWDD) L-28 Canal See "B, 2," under "SUBDIVISIONS, "Preliminary Plats", page of these minutes. Request for site plan approval to construct 60 single family and duplex dwelling units plus recreation and landscaping at Tract G of the Hunters Run Planned Unit Development Mr. Golden said Tract G is located in the north central portion of the PUD. To the north is the LWDD L-28 Canal; to the east is the Chanteclair Villas project. To the south~is Summit Drive, and to the west is Tract F, Hunters Run. Tract G consists of 30 single family homes and 15 duplex units, for a total of 60 units. The single family homes will be located in the western por- tion of Tract G, and the duplexes will be in the eastern portion of Tract G. The unit types will be a combination of one and two stories. The type of construction will be the type of construction found elsewhere in Hunters Run (a combination of wood and stucco siding with cement tile roofs). Access will be provided by way of Summit Drive, which is the collector road for the PUD. The TRB recommended approval, subject to staff comments. - 21- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Charles N. Gilbert, Architect, Summit Associates, Ltd., 3500 Clubhouse Lane, Boynton Beach, reviewed the staff comments and was in agreement with them. Mr. Wandelt moved to approve the site plan, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Chevron USA David J. Felton Standard Oil Company, a division of Chevron Oil Company West Boynton Beach Boulevard at Congress Avenue, northeast corner See "Addendum D". Request for site plan approval to reconstruct the existing service station to provide for a 920 square foot convenience store, four gasoline pump islands, and a car wash on 0.80 acres Mr. Golden said the site plan was originally submitted in connection with a variance request, and the variance request was approved by the Board at the August meeting. However, the site plan was delayed for a month owing to a conflict with the LWDD concerning construction improvements in the canal right-of-way on the northern boundary of the property. The applicant resolved the conflict by removing all proposed improvements from the canal right-of-way. Mr. Golden said the applicant is proposing to raze the exist- ing service station in order to construct a new facility. Access will be provided by two 45 foot driveways. One will be on Boynton Beach Boulevard and one will be on Congress Avenue. Five parking spaces are to be provided adjacent to the canal right-of-way. Water service will be provided by connection onto an exist- ing six inch water main located on the north side of West Boynton Beach Boulevard. The existing station is currently served by a septic tank, and Mr. Golden said the applicant will have to abandon the septic tank and connect on the City's system. In order to do this, the applicant will be providing a private lift station to connect onto a 20 inch force main. - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 The TRB recommended approval of the project, subject to staff comments. In the memo dated September 3 from Carmen S. Annunziato, Planning Director, Chairman Trauger noticed 91 said, "Light- ing details to be provided.~' He questioned whether they were talking about energy efficient sodium vapor or metal halide. Mr. Golden answered that the Code requires high pressure sodium. If the applicant wants to deviate from that, he will have to request a variance. David J. Felton, Agent, Felton Forsyth Donovan, Inc., 280 West Prospect Road, Oakland Park, Florida 33309, was in agreement with the staff comments from the Building, Engineering, Utilities, Public Works, and Planning Depart- ments as presented. Chairman Trauger asked when Mr. Felton expected to have the station running. Mr. Felton answered that they are prepared to go out to bid. He thought they were probably looking at the end of the year or right after the first of next year. Mr. Felton told Mrs. Huckle the convenience store will be their own design. Mr. Schultz moved to approve the site plan, subject to staff comments. Mr. deLong seconded the motion. There was discussion about the site plan looking crowded. Chairman Trauger asked if this was an average gasoline site. Mr. Felton replied that it was their standard station, and it is average. He explained the plan. Mr. Felton informed Mrs. ~uckle that all of the pumps would be self service. Mrs. Huckle was mentally comparing it with the Farm Store in the Meadows Square shopping center. Chairman Trauger commented that this has better circulation. There was discussion about both sites and circulation. Chairman Trauger asked how a handicapped person would get service. To his knowledge, Mr. Felton thouqht the law of the State of Florida said if there is a requirement for the handicapped, the handicapped person presses the buzzer, and somebody will come out to serve that person. Most new dispensers have the handicapped sign on them. It seemed to Mrs.. Huckle that this was a crowded site plan. Mr. Schultz thought what made it look crowded was the under- ground that was shown on the site plan. - 23- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 AS the Board was concerned about circulation, Mr. Golden said this would be very similar to the Mobil station. There were other comments by Board Members. A vote was taken on the motion, and the motion carried 7-0. SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Legal Description: Description: Fidelity Federal Savings Bank at Pylon Interstate Plaza Marion, Paluga & Associates - Architects, P.A. The Pylon Companies Woolbright Road at Corporate Drive, southwest corner See "Addendums E and F" attached. Request for approval of an amended site plan to allow for a change in parking lot layout and design to pro- vide for additional access to the drive-thru teller facility Mr. Golden commented that apparently, the bank is experiencing a problem with its drive-thru facility, and large vehicles cannot negotiate the radius around the front of the building. The purpose of the modification is to alleviate the problem by modifying the existing parking lot to create a second drive-thru entrance which will have a straight on approach. This will be accomplished by the elimination of three surplus parking spaces and by cutting through a narrow landscape strip and relocating 'the shrubbery.. The TRB recommended approval, and there were no staff comments. Daniel T. Canavan, Architect, Marion, Paluga & Associates - Architects, P.A., 1551 Forum Place, Suite 400-A, West Palm Beach, Florida 33401, presented a full size plan to the Members. He said the main reason for the modification is for access to the drive-thru but also, there is a proposed second building. When they start construction on the second building to the west, it will eliminate the need to drive around where the construction will take place. Mr. Canavan told Mrs. Huckle that Corporate Drive is the same as S. W. 7th Court. Mrs. Huckle moved to approve the site plan modification request, seconded by Mr. Pagliarulo. Motion carried 7-0. - 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 D. OTHER 1. Request for approval to construct a special subdivision sign at the Lakes of Tara PUD Mr. Golden read Section 21-16.6 of the Code of Ordinances regarding sign regulations, and said the purpose for erecting the sign is that the developer has experienced some problems marketing his project, due to the fact that he does not have the frontage and exposure on Congress Avenue that some of his competitors do. This places him at a disadvantage. Barry Barson, Lakes of Tara, 10 Tara Lakes Drive East, by letter dated August 29, stated that the sign will be of a temporary nature, to be removed when all of the units have been sold. The 4x8 sign will be located in the median at S. W. Congress Boulevard. Chairman Trauger read the staff comment from the Building Department and asked if they were referring to the setbacks from the plan map. Mr. Golden replied that two things were involved. One was the place of the utility easement, which is located to the west of where they wish to place the sign, and the other was that it should not be located too close to the intersection to cause visual impairment to vehicles stopping to make turns on Congress Avenue. Mr. Golden said there is sufficient room to locate the sign between the two, but the exact square foot distance needs to be clarified on the plans. He told Mr. Ryder the exact placement of the sign in the median within the right-of-way needs to be dimensioned. Chairman Trauger asked who from Lakes of Tara would make sure the staff comment was covered. Mr. Golden answered, "Mr. Barson." The request was for a period of three years or less, and Mrs. Huckle noticed Mr. Golden said until the units are sold. She asked if they should insist upon the three year stipula- tion. According to the Code, upon approval by the City Council, Mr. Golden said the City and the representatives of the residential subdivision or development will enter into a license agreement, setting forth the terms and conditions upon which approval to place the sign on the public right- of-way will be granted. He assumed that would be taken care of as part of the license agreement. Mrs. Huckle determined it was not necessary for the Board to make a recommendation as to the duration of the sign. - 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Mr. Ryder asked if this meant the truck would go. Mr. Barson answered affirmatively. Mr. Ryder asked if they were going all the way back to What will be Knuth Road, Barson replied, "No", and said there is a buffer between them. He believed they were probably 100 yards east of Knuth Road. Mr. Mrs. Huckle thought there was a definite disadvantage in the aPpliCant not having that frontage, and she felt an attrac- tive sign would help. There was discussion. Mr. Barson told Mr. Schultz the truck would probably be down before the sign goes up. Mrs. Huckle moved to recommend that the City Council approve the request, subject to the staff comment. Mr. Wandelt seconded the motion, and the motion carried 7-0. 2. Comments on parking facilities for Tri-County Commuter Rail System This item was stricken from the agenda. Approval" on page 1. See "Agenda Request from Greater Boynton Beach Chamber of Commerce to hold a Sidewalk Sale Owen Anderson, Executive Vice President of the Chamber, requested permission to hold a sidewalk sale on the parking lot at the First American Plaza, North Congress Avenue, on Sunday, November 16, 1986 from 10:00 A. M. until 6:00 P. M. First American Plaza is located on an out parcel at the Boynton Beach Mall, north of the Promenade, on the west side of Congress Avenue. Mr. Golden said the zoning regulations permit sidewalk sales, subject to the approval of the P&Z Board and the City Council. Becky Rogers, Golf Colony Court, Lake Worth, Chairman of the proposed sidewalk sale, informed Chairman Trauger that they are going to sell booth space to area residents, retailers, and service people such as hairdressers, who can provide hair cuts. The purpose is to get more involvement in the Chamber's events from the West Boynton area. Ms. Rogers told Mrs. Huckle the booth space will be purchased for $25 for the sale of services or products. The proceeds will be for the West Boynton Committee. Chairman Trauger interjected that the Rotary is going to sell fruit cakes. Ms. Rogers advised that those proceeds would go to the - 26- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Rotary. She clarified that profits from the booth rentals will go to the West Boynton Committee. Any profits made by the booths will be theirs. Mr. Ryder questioned whether it would be limited to the parking lot of the Plaza. Ms. Rogers replied that most of the Promenade members would be participating, and that area will be used for parking. A maximum of 98 booths in the parking area is proposed. Mr. deLong moved, seconded by Mr. Pagliarulo, to approve the request. Motion carried 7-0g PARKING LOT VARIANCE 3. Project Name: Agent: Owner: Location: Legal Description: Description: (CONTINUED from Page McDonald,s Restaurant Gary Smith McDonald's Corporation Heyman Properties Federal Highway at S. E. 18th Avenue, east side See "Addendum B" Request for relief from Sections 5-141(a) "Lighting', and 5-141(e) "Drainage,, of the Parking Lot Regulations Mr. deLong told the Members he and Mayor Cassandra had a conversation about McDonald,s. Mr. deLong reminded the Board that his motion which passed was in keeping with what he felt at the time was a public safety situation because he agreed with Mrs. Huckle. He thought perhaps the best thing for him to do would be to reconsider the motion. The Mayor told him McDonald's would be notified, even though they were no longer at the meeting. Mr. deLong wanted to be sure that the halide lighting would not create a greater public safety hazard. Mayor Cassandra had apprehensions that metal halide lighting may cast greater shadows than the other lighting that may be required. Mr. deLong wanted to condition his motion, even if he had to call it back for reconsideration, and tie it into a study or report of the metal halide lighting that would show that it does not create a greater safety hazard than the sodium vapor lighting. It was Mr% Ryder's feeling that should have been done. - 27- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Mr. deLong moved to reconsider the previously passed motion. Mr. Ryder seconded the motion. Motion carried 6-1. Mr. Wandelt voted against the motion. ' Mr. deLong moved that the application made by McDonald's with regard to drainage stay intact and have a proviso that the metal halide lighting be allowed, if a study or a technical report evidences the fact that this particular type of light- ing will not, in effect, create a greater safety hazard than what had been recommended by staff Mr Ryder seconded the motion. ' ' Mr. Cannon wished Mr. deLong to clarify who he wanted to have do the study. Mr. Ryder recommended Craig Grabeel. There was a little discussion. Mr. Cannon thought the TRB could do the study. Mrs. Huckle questioned whether it should be on the part of the applicant. Mr. Pagliarulo brought out that this was part of a public hearing and questioned whether they could just start making changes. As Chairman Trauger understood Robert's Rules of Order, they could make this consideration from the dominant side. Since it was a public hearing, it was his understand- ing that they would have to have another public hearing. Mrs. Huckle remarked that then it would have to be repub- lished, etc. Mr. Wandelt commented that was his concern, and that was why he voted against the motion. Mr. Schultz thought Mr. deLong's original motion covered it when he said safety. Mr. deLong recalled that the original motion implied that metal halide lighting was of greater intensity than the sodium vapor lighting. Mrs. Huckle recollected the applicant saying that McDonald's did a lot of research, and Boynton Beach was the only city that would not allow it. Chairman Trauger felt it should be incumbent upon McDonald's to offer technical proof to the TRB. There was discussion. Mr. Cannon thought the public hearing was held, and the hear- ing was closed. The function of a public hearing is to get input from the public. Whatever deliberations the P&Z Board has after that is separate from the public hearing. The public had its opportunity to comment. Mr. Pagliarulo pointed out that the applicant would not be able. to have controversy on it. If he comes back, Mr. Ryder said he would have an opportunity. - 28 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Mr. Golden advised that a variance does not go to the City Council. If there had been anything on either side, Mrs. Huckle said she could be more worried, but there were no comments on either side from the public, so apparently, they did not care one way or the other. There was more discussion. Mr. Pagliarulo asked Mr. deLong if he was trying to have the City staff review this. It did not matter to Mr. deLong if it was the City staff. He thought Mr. Schultz' point that they have a Lighting Engineer's report, which McDonald's could suPply, was well taken. Mr. deLong added that Mayor Cassandra, who has some engineering background, indicated that halide lighting casts a longer shadow. If that is so, he did not want the Board on record as recommending some- thing that would create a greater public safety hazard because that was what they were trying to circumvent. Mr. Ryder reiterated that Craig Grabeel, a member of the City staff, has put in a lot of time on this question of various types of lighting, particularly with regard to the CRA, and he felt Mr. Grabeel was qualified to give the Board a report. Mr. deLong just wanted a stipulation that the Board have a report. With the motion, Chairman Trauger commented they would throw it up for study, and he wondered how it would be resolved. It was presumed the Board would get a report back and would continue the item on the agenda. Mrs. Huckle thought they should address Mr. deLong's and Mayor Cassandra's concerns, as she felt they were well taken. She did not believe some- body should go out and make a big study to prove something. If Mr. Grabeel cannot find any reason why this is not ade- quate for safety, they should go ahead. Mr. Ryder brought up that this would not go to the Council, so the applicant should be informed of the Board's decision. Motion Mrs. Ramseyer read the motion, as requested by Mr. deLong. There was discussion. Mr. deLong changed the motion to read that the application made by McDonald's with regard to drainage stay intact and have a proviso that halide lighting be allowed if a techical report made by the City's Technical Review Board advises that particular lighting will not, in effect, create a greater safety hazard than what was recom- mended by staff. - 29- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 9, 1986 Mrs. Huckle asked if Mr. Grabeel is on the TRB. Mr. Ryder replied that he was, and the Board used to get input from him. Mr. Pagliarulo said Mr. Grabeel is not on the TRB any more. Mr. Ryder felt they should specifically have it be Mr. G'rabeel, because he is the City's expert. Mr. deLong did not see why Mr. Grabeel could not perform this function because he is qualified. Mr. Cannon thought it would be best if the TRB sat down and reviewed it because that would be more customary. Mr. Pagliarulo asked if it would have to come back before the Board again. If it is not found to be a greater safety hazard, Mr. deLong said it would not have to come back. If it is found to be a greater hazard, it will come back to the Board. Mr. deLong thought that would cover his and Mayor Cassandra's apprehensions. A vote was taken on the motion, and the motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:55 P. M. ¢ Patricia Ramseyer Recording Secretary (Three Tapes) - 30- A parcel of land Iying in Section 8, Township '45 South, Range 43 East, Palm Beach County, Florida, said parcel being a portion of Boynton Lakes -~ Pl~t No. 5 (P.U.D.) as recorded in Plat Book 52, Pages 105 thru 108 of the Public Records of Palm Beach County, Florida, said parcel being ore particularly described as follows: The northerly 10,'00 feet 6f Lots 5 thru 8, Block 3, the northerly.10.00 feet of Tract "P", the northwesterly 10~00 fee%-of L6ts 1 thru 8, BlOck 4, the northwesterly 10.00 feet of Tract "Q", the southwesterly 10.00 feet of Lots 2 thru 4, Block 5, the northwesterly 10.00 feet of Lots 4 thru 8, Block 5,'the northwesterly 10.00 feet of Tract "J". the northwesterly 10.00 feet of Lots 4 thru 8, -Block 6, i~he northwesterly 10.00 feet of Tract "I", all of the aboVe being shown as an existing 10.00 foot util- ity easement as shown on the Plat Boynton Lakes - Plat No. 5 (P~U.D.) as recorded in Plat Book 52, Pages 105 thru 108 of the Public Records Of Palm Beach County, Florida. AND . A parcel of'land lying in Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida,'said parcel being a portion of Boynton Lakes - Plat No. 6, (P.U.D.) as recorded in Plat Book 52, Pages 109 thru 112, of the Public Records of Palm Beach County, Florida,' said parcel b~n__kg more particularly described as follows: The southeasterly 10.00 feet of Lots 1 thru 8, Block 19, theabove being shown as an existing 10.00 foot utility easement, as shown on the Plat, Boynton Lakes - Plat No. 6 (P.U.D.), as recorded in Plat Book 52, Pages 109 thru 112 of t~"PUblic Records of Palm Beach County, Florida. ADDENDUM A The North 1/2 o£ the South 650.8 f~. ~ore o~ lue, of ~he West 153.~ f~. (~ ~ur~d a~ ~ an~le ~o ~h~ E~ r~-of~ay L~ of U.S. ~y No. 1) o~ tha= ~ of the ~ 1/4~ of ~e NE 1/4 of Sec. 33 45 - 43 1~ ~ of U.S. H$~ay No. 1~ l~s =he South 30.~ f~. ~,~of for r~t-of-w~ w~C as~ recorded' in ~ed B~k 774 at pag~ 543 ~ the ~1~c ~cor~ of P~ B~ ~, Flo~da, ~ the e~t ~2-of~y 1~ of U.S. ~hway ~d th~ Sou~ ~ne of ~a h~ 1/~ oftha ~ 1/4, of s~d S~. 33 ~h~ce ~ N. 5° 21' 2~" E., ~ ~e e~ ~C-of-~y l~e of U.S. H~E~y No. 1, for 356.19 to~ tha po~t of be~~ of th, ~r~t of l~d :har~n d~cr~bed; c~=~n~ N. 5° 21' 2~" E. for 29~.98 ft. ~ a po~t; thee ~ ~ 1~.~ ft.-to :a ~int; ~e ~ S 5° 21' 27" W for 192.98 ft. to ~t, th~ce West foe 183.80 f=. to ~e point of be~S. Be~S ADDENDUM B LEGAL DESCRIPTION Being a parcel of land lying in S~ction 18, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida and being more particularly described as follows: Commencing at the East One-Quarter Corner of said Section 18; thence South 89o05,13" West (for convenience the bearings shown herein, are relative to the East Iine of -the South Half'of said Section 18), along 'the East-West Quarter line of said Section 18, a distance of 60.06 feet to a point-on the Westerly Right-of-Way line of .Congress Avenue, as now laid out and in.use, said point -'beinlg the POINT OF BEGINNING of this description; thence South OtO44'21. West along said Westerly Right-of-Way Line, said line being 60.00 feet west of and parallel with the East line of said Section 18, a distance of 864.10 feet to the Northerly line of Mahogany Bay, Plat No. 1 ms recorded in Plat Book 52, Pages 45 thru 47 of the public Records of Palm Beach County, Florida; thence South 83oo0'00,, West, along the Northerly Line of said Mahogany Bay, a distance of 500.00 feet; thence North ~5"O2'21" West, along the Northeasterly line of said Mahogany Bay, a distance of 144.31 feet; thence North OLO44'21" East along the Easterly line of said Mahogany Bay, said line being 659.36 feet west of and .paraIl~i with the said East line of Section 18, a distance of 8'13.47 feet to the said East-West Quarter line of Section 18; thence North 89°05,13" East along said East-West'Quarter Line of Section 18, a distance of 600.00 feet to the POINT OF BEGINNING. Containing 12.193 acres, more or less. SUBJECT to existing Easements, Rights-of-Ways, Restrictions and Reservations of record. ADDENDUM C : t Ii l I lil ADDENDUM D DESCRIPTION: PHASE A parcel of land lying within Parcel 2-as Shown on the plat of Boynton Commerce Center as recorded in Plat Book 46, Pages 126 and 127 of the Public --Records of Palm Beach County, Florida and being more particularly described as follows: Begin at the Southeast corner of said Parcel 2; thence North 90'00,00# Westalong the South line of said Parcel 2, a distance of 170.73 feet~ thencerNorth 02'21'26- East, a distance of 55.45 feet; thence~North 87'38'34" thence.North 02'21{26- thence North 47'13'22" thence North 87'38'34" thence~South 42~58,43# thence North 87'38'34" West, a distance of 4.00 feet; East, a distance of'216.99 feet; West, a distance of 18.51 feet; West, a distance of 51.91 feet; West, a distance of 18.43 feet; West, a distance-of 56.00 feet to a poin[/0n' the West line of said Parcel 2; thence North 02'21'32' East along'~aid WeSt line, a distance of 123.89 feet to a point on a curve concav_e )uth, having a radial bearinQ'OfSouth 03'57'36' East, a radius of 1, feet and a central angl~of 03'57'36", said curve also being a portion of khe North line of said Parcel 2; thence Easterl lithe arc ofsaid curve, an arc distance of 128.34 feet to a Point ~; thence NOrth 90'00'00" East, a distance of 180.81 feet to a'point on the East line of said Parcel 2; thence South 02'21'32" West along said East line, a distance of 404.45 feet to the POINT OF BEGINNING. Containing 1.9937 Acres more or less. ~aid lands situate, lying and being in Palm Beach County, Florida. Bearings based on the plat of Boynton Commerce Center, as recorded in Plat Book 46, Pages I26 and 127, of the Public Records of Palm Beach County, Florida. Subject toeasementsand restrictions, of record. ADDENDUM E DESCRIPTION: DRAINAGE & UTILITY EASEMENTS Two strips of land lying within Parcel 2 as shown.~ on the. Plat of Boynton Commerce Center as recorded in Plat Book 46, Pages t26 and 127 of the Publ~c Records of Palm Beach County, Florida and being more particularly described as follows: Being a drainage easement 12 feet wide and lying 6 feet each side of the following described centerline; commence at the Southeast corner of said Parcel 2; thence North 90"00'00" West, a distance of 170.73 feet; thence North 02"21'26"' East, a distance of 28.45 feet to the POINT OF BEGINNING; thence North 87"38'3.4" West, a distance of 108.00 feet; ~hence North 01'06'36" West, a distance of 66.12 feet to a point designated as Point "A" for future reference; thence North 02"21'32" East. a dis~anc~ o 176.00 feet to the POINT OF TERMINATION.. Also, together with a drainage easement 12 feet wide lying 6~ feet each side of. the ~llowing . centerlin~; begin at the previously .~scribed point "A"; thence North 87"38'34" ~st, a distance of 26.00 feet to a point on-the West line of said Parcel 2, said point also being the POINT OF TERMINATION. . ~ Being a utility easement 10 feet wide and lying 5 feet each side of the following described centerline; commence at the Southeast corner of said Parcel 2; thence North 90"00'00" West, a distance of 170.73 feet; thence North 02"21'26" East, a distance of 55.45 feet; thence North 87"38'34" West, a distance of 4.00 feet; thence North 02"21'26" East, a distance of 3.0D feet to the POINT OF BEGINNING; thence North 87"38'34" West, a distance of 10.00 feet to the POINT OF TERMINATION. Said lands situate, lying and being in Palm Beach County, Florida. Bearings based on the plat of Boynton Commerce Center, as recorded in Plat Book 46, Pages 126 and 127, of the Public Records of Palm Beach County, Florida. Subject to easements and restrictions of record. The sidelines of the above described strip shall be lengthened or shortened as necessary to meet the parameters as described. ADDENDUM F MEMORANDUM 5 September 1986 Chairman and Members, .P.!ann. ing and Zoning Board ~r'me~ $1. ~-AhnunZiato, -.Planning Director McDONALD'S RESTAURANT CONDITIONAL USE APPLICATION summary: Gary Smith· agent for the McDonald's Corporation· is requesting Conditional Use approval for the reconstruction of the existing drive-thru restaurant. The proposed reconstruction will include the expansion of the existing drive-thru window facility and redesign of the existing parking lot to meet current code standards. The redesign of the parking lot is required in connection with the Conditional Use approval for the exPansi_9_n_, of the existing drive-thru Window facility. In addition the applicant is also proposing to renovate the existing structure to enhance its exterior appearance and aesthetics. The McDonald's restaurant is located on a 1.24 acre .parcel which occupies 296 feet of frontage on the east side of U.S'. Highway No. 1, approximately 700 feet south of Woolbright Road. The .subject parcel is currently zoned C-3, Community Commercial. The C-3 zoning district regulations allow drive-thru windows subject to Conditional Use approval. Since the existing restaurant'is classified asa legal non-conforming Conditional Use·the expansion of the e~isting drive-thru facility requires that the applicant file for Conditional Use approval. p e n h r e oned 0-3· Community Commercial. Borderin~ t~ property to the east is a vacant parcel zoned C-3. Further to the east is a vacant parcel zoned R-3, Multi-Family Residential. To the south of the existing McDonald's restaurant is an abandoned structure (Ferrari's Restaurant) zoned C-3, Across U.S. Highway No. 1 to the west· at the southwest corner of U.S. Highway No. 1 and S.E. !8th Avenue, is the Burger King Restaurant zoned C-3. Opposite the Burger King Restaurant at the .northwest corner of U.S. Highway No. 1 and S.E. 18th Avenue is a small mixed-use commercial building zoned C-3. Immediately to the north of this building is a vacant parcel zoned C-3, which is the future site of the proposed Publix Supermarket at the Sunshine Square shopping center. Prop0sed.Use (see attached site Plan): The applicant is proposing to expand the existing drive-thru facility in order to create a second drive-thru window. In connection with the expansion of the drive-thru facility, the applicant is also proposing to erect a new drive-thru menu board and stripe the. parking lot to ~reate a separate driveway to serve the new drive-thru facility. The applicant was also required to. submit plans for the redesign of the remaining parking lot to meet current code standards in connection with the proposed drive-thru expansion. Included in is the renovation of the exterior of~the building, in the path of recently completed improvements to the interior of the~building. Sta Uses: Section ll.2.D of the Zonal standards to which conditional uses are required to conform. Following each of these standards is the PTanning Department's evaluation oE ~he application as to whether it would comply with the parti~iar standard: The Planning and Zoning Board and City Council shall consider only such conditional uses as are authorized under the terms of these zoning ~egulations, and, in connection therewith, m~y grant conditional uses absolutely or conditioned upon the faithf~ adherence to and of fulfillment of such restrictions and conditions including, but not limited to, the dedication ~of property for streets, alleys, and recreation space, and sidewalks, as shall be necessary for the protection of the surrounding area and the citizen's general welfare, or deny conditional uses when not in harmony with the in~ent and purpose of this section. In evaluating an application for conditional use, the Board and Council shall consider the effect of the proposed use on the general health, safety, and welfare of the community, and make written findings certifying that satisfactory Provision .has been made concerning the following standards, where applicable: ~ ~- ~ 1. Ingress and egress to the subject property and.Proposed structures thereon, with particular reference ..to automobile and pedestrian safety and convenience, traffic~ flow .and control, and access in case of fire or catastrophe. Proposed access to the property Would occur bY means of the two existing driveways onto U. S. Highway No ~ i, The northern driveway is to remain as an egress-only driveway and would be limited to the right turn-out movement owing to the solid concrete median 'separating the northbound and southbound traffic lanes on U.S. Highway No. 1 at this location. The applicant is proposing to reconstruct and widen the southern driveway to allow for both ingress and egress. Currently, this driveway functions als an ingress-only driveway. At some future date, it is anticipated that a traffic signal is to be provided at the intersection of U.S.~ Highway No. 1 and S.W. 18th Avenue, at e e the location of the southern driveway. The traffic signal is to be provided when warranted by the County Traffic Engineer in connection with the construction of the new Publix supermarket at Sunshine Square Shopping Center. Until such time that this intersection is signalized, the applicant Should be prohibited from reconstructing the southern driveway at this intersection as this would promote the left-turn egress movement. The existing ingress-only driveway, is.currently configured to prevent this hazardous traffic movement. However, when and if this intersection is signalized, the applicant should be permitted to reconstruct the driVeway at this location as the traffic signal will eliminate the hazards associated with the left turn-out movement. Off street parking and loading areas where required, with particular attention to the items in Subsection D.1 a~ove, and the economic, glare, noise, and odor effects tP~e conditional use would have on adjacent and nearby properties, and the City as a whole. 64 parking spaces are shown on the site plan which exceeds the code-requirement by 16 spaces (119 licensed seats - 2.5 = 48). 28 spaces are provided on the north side of the building and 36 spaces are provided on the south side of the building. A fifteen by sixty foot loading zone is shown__on the east side of the building which should provide adequate room for delivery trucks and vehicles to unload. As noted in subsection D.1, the applicant should he. prohibited from reconstructing the southern drivewa~ until such time that a traffic signal is provided at this location. Refuse and service areas, with particular reference to the items in Subsection D.1 and D.2 above The dumpster is currently located in a fully enclosed building in the northeast corner of the property. The applicant is proposing to remove the roof of the building in order to convert it into an open dumpster enclosure with three 6 foot high masonary walls ~nd a gate. Currently, the nearest residential development is located in excess of 500 feet from the existing dumpster enclosure. Utilities, with reference to locations availability, and compatibility. · The site is served with water and sewer lines which are adequate to serve the proposed use. Screening, buffering and landscaping with reference to type, dimensions and character. Prior to filing the application for Conditional Use approval, the applicant has recently constructed a new 6 Se g e 10. foot high wooden fence along the east property line. However, there is no code requirement for screening along this property line. The landscaping shown on the site plan meets or exceeds the requirements of the landscape regulations. Signs, and proposed exterior lighting, with reference to glare, traffic safety, and economic effect, and compatibility and harmony with adjacent and nearby properties. With the exception of the new menu board, the site plan does not show any new signage. Therefore, it is assumed ~hat no additionaI signage is to be provided or that additional new signage will be permitted separately. In regard to lighting, the site plan provides for 9 new-400 watt pole-mounted light fixtures, 7 to be provided around the perimeter of the site and 2 to be provided in the interior parking lot areas on both the north and south sides c~ the building. It is not anticipated that the proposed lighting will create a nuisance to ~urrounding land uses. The proposed type of lighting is metal halide. In connection with the request for Conditional Use approval, the applicant is also requesting a variance to Section 5-141 (a) "Lighting" of the Parking Lot Regulations which reqUires high pressure sodium or equivalent energy efficient lamps. Required setbacks and other open spaces. The existing building setbacks exceed the requirements of the C-3 zoning regulations and are sufficient for the proposed use. General compatibility with adjacent properties, and other properties in the zoning district. The proposed use of the property would-be compatible with other properties in the vicinity. It is not anticipated that the proposed drive-thru expansion will result in the creation of any.adverse impacts. The only residential zoned property in the vicinity of the site is a vacant R-3 zoned parcel which lies over 100 feet to the east. Height of buildings and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the City as a whole. The existing building is a one story structure which is compatible with the surrounding properties and land uses. Economic effects on adjacent properties and the City as a whole. g _It is not anticipated that the proposed drive-thru expansion would have an adverse impact On property values in the vicinity, or'would impair the developability of these properties. Comprehensive Plan policies The following Comprehensive Plan Policies are-relevant to th, is Conditional USe application: "Provide a suitable living environment in all neighborhoods.,, (p.7) "Provide a range 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 complementary land uses.~" (p.7) "Encourage the development of commercial land uses where accessibility is the greatest and where impacts to residential uses are minimized." (p.7) ~0nclusions/Recommendations ........ The proposed use and development of the property would b~e compatible with the surrounding neighborhood and would be consistent with Comprehensive Plan policies. Therefore, the Planning Department recommends that this Conditional Use application be approved subject to staff comments as follows: A. ~LANNING DEPARTM~.~ 1. The widening and reconstruction of the southern driveway should only be permitted when and if a traffic signal is provided at the intersection of U.S. Highway No. I and S.E. 18th Avenue. 2. The parking lot lighting is to be high pressure sodium unless the applicant is granted a variance to this requirement by the Planning and Zoning Board. 3. Access. aisle dimensions for the two rows of parking that abut the eastern property boundary should be shown on the site plan. 4. T~ parking calculation should be revised on the site plan to reflect 119 licensed seats. B. ENGINEERING DEPARTMENT 1. As originally approved, the south turn-out should p~ovide for ingress only. 2. A raised curb detail is required. C. BUILDING DEPARTMRNT required in order to submit for plans review. 3. Anchorage of'wheel stops must be shown. 1. Need handicap signs at handicap spaces,., 2. Engin. eering details for dumpster renovation will be /bks MEMORANDUM TO: ~?~?~FROM: September 4, 1986 Chairman and Members Planning and ZOning Board Carmen S, Annunziato Planning Director McDonald's Restaurant Parking Lot Variance Section 5-144(c)(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 recommendatio~ forwarded is to be made a part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-144(c)(4). Gary Smith, agent for the McDonald's Corporation has requested two such variances: (1) A variance to Section 5-141(e) "Drainage", of the Parking Lot Regulations which requires that storm water be retained on-site at a capacity of not less than three inches of rainfall in one hour. In this instance, the ~ applicant is requesting to be allowed to retain the existing underground drainage system; (2) A variance to Section 5-141(a) "Lighting" which requires that parking lots shall be provided with High Pressure Sodium or equivalently energy-efficient I amps. In this instance, the applicant is requesting to be able to substitute metal halide lighting for the required high pressure sodium lighting. The existing McDonald's Restaurant is located on the ~east side of U.S. Highway No. 1~ approximately 700 feet south of Woolbright Road. For an explanation of the Code requirement, the nature of the variance requested and the variance justification, please refer to the attached Notice of Public Hearing and application. On Tuesday, September 2, 1986 the Technical Review Board (TRB) met to review the plans and documents submitted, and to formulate a recommendation 'with regard to' the variances requested. After review and~'discussion, the TRB recommended that the request for a variance to Section 5-141(e) "Drainage,. of the Parking Lot Regulations be approved as submitted. This recommendation was made based on TRB findings that the existing underground drainage Page Two. system functions adequately and that requiring the apPlicant to reconstruct the entire parking lot and install a new under~round drainage system would create an unreasonable hardship to the applicant. With respect to the request for a variance to Section 5-!41(a} "Lighting" of the Parking Lot Regulations, the TP~ recommended that this request for variance be denied. The reasons for this recommendati6n are as follows: 1. Approval of this variance request would constitute non-conformance with the City's energy policy as.pru~ided in the Comprehensive Plan Energy Element. There is a lack of site-specific conditions or unique circumstances which would constitute a hardship for the applicant. Approval of this variance request could result in the establishment of a trend toward the further granting of such variances and this would result in further nOn-conform~_nce with the Comprehensive Plan Energy Element. CARMEN S.' ANNUNZIAT0 /lat MEMORANDUM TO: FROM: RE: August 28, 1986 ~Chairman and Members Planning and Zoning Board Carmen s. Annunziato Planning Director APPLICATION FOR ANNEXATION, FUTURE LAND USE EL~_~MENT AMENDMENT AND REZONING - LEONARD BRISCOE INTRODUCTION: Len Kirschke, agent for Leonard Briscoe, property owner', is ...... proposing to annex into Boynton Beach, a .66 acre tract of land located on the west side of Federal Highway (U.S. Highwa~ No. 1) approximately 1,125 feet north of Gulfstream Boulevard (see Exhibit A ). The property is currently zoned CG (General ~--_.?~.~--~Commercial) and it is undeveloped except for a billboard which !'i~i~-r~/~'~encumbers the southeast corner of the tract. Paralleling this request for annexation is a request to amend the Future Land Use Element of the ComprehenSive Plan to show annexed land as Local Retail Commercial, and to rezone this property to C-3 (Comm~ity Commercial). In connection with this request for annexaticm, the applicant is proposing to construct a 5,600 square foot mixed-Use commercial building (see 'Exhibit B). PROCEDURE: These applications for annexation, amendment to the Future Land Use Element of the Comprehensive Plan and rezoning are being processed consistent with State statutes, and Boynton Beach Codes, Ordinances and Resolutions as follows: 1. F.S. 163.3161: 2. F.S. 166.041: Local Government Comprehensive Planning Act. Procedures for AdoPtion of Ordinances and Resolutions. 3. F.S. '171.011: Municipal Annexation and Contraction Act. 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and ZOning. 5. Boynton Beach Ordinance #79-24. 6. Boynton. Beach Resolution ~76-X: Procedures for Annexation. These regulations have been listed for informational purposes. Paraphrasing, these regulations require review by the City~ Department Heads, newspaper advertisements, public hearings with the Planning and Zoning Board and City Council and Council adoption of ordinances to annex, amend the Future Land Use ~.Element and rezone. CURRENT LAND USE AND ZONING As previously discussed, this property is undeveloped and zoned CG (General Commercial). The land use and zoning in the surrounding area varies and is presented for your information in the table w~ich follows: DIRECTION North EaSt South West JURISDICTION ZONING LAND USE Palm Beach County CG Palm Beach County CG Boynton Beach C-3 Palm Beach County CG nursery 2 single-family homes duplex dwelling unit carpetstore vacant~parcel U-haul-/used car dealership mobileh°me park warehouse-buit~ng FUTURE LAND USE AND REZONING / .... Generally, Gulfstream Boulevard (S.E. 36th Avenue) forms the southern limit of the City's Reserve Annexation Area and Utilities Service Area-east of Seacrest Boulevard. It is contemplated that all property cur,rently situated in County pockets between Old Dixie Highway and Federal Highway north of Gulfstream Boulevard will at some time in the future be annexed. This proposal represents a continuation of previous actions to close unincorporated pockets in this portion of the reserve annexation area. 'More recently, the Council has approved the annexation of a portion of Federal Highway adjacent to these County pockets for the purpose of squaring-off the corporate 2 limits and to reduce c6nfusion in the provision of public services. The unincorporated area southeast of the City between Old Dixie Highway and Federal Highway includes a mixture of developed and undeveloped lots under various County zoning districts. The city limits are irregular in this area, with several C-3 zoned tracts sandwiched in-between the County pockets. The future City policy for this area is outlined on page 127 of the Comprehensive Plan Evaluation and Appraisal report. As noted in the report, a precedent for annexation has been established in this area s~nd Should continue, particularly on the commercial parcels. The report further recommends that lots annexed into the City on the wes~ side of Federal Highway reflect a "Local Retail" land.use ~esig~ation and a C-3, ~COmmunity Commercial, zOning category. According to the report,"these land use controls ~ill i~=Drove the aesthetics along U.S. HighwayNo. 1 and create a retail-oriented corridor." Therefore, within the context of these recommendations, the Briscoe requests are both reasonable and practical. COMPREHENSIVE PLAN POLICIES There are three policies in the Comprehensive Plan which address annexations as follows: "Annex only property which is reasonably Contiguous present municipal boundaries;" "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus~the cost of providing service;" and 3. "Annex only properties which are of sufficient size to provide efficient service and on which urban develo~nent is anticipated." In order to determine the consistency of the BrisC°e annexation request with the Comprehensive Plan Policies, each of the-three policies will be addressed indiVidually. Policy 1 - "Annex only property Which is reasonably contiguous to the present municipal boundaries." The Briscoe property is contiguous to current municipal limits along its entire southern and eastern property lines (350 feet or 50%) of the entire property boundary. In addition, this property lies in ~he path ~of urban ~eve~opment, Policy 2 - "Annex property only after the preparation of the .study evaluating the fiscal benefits of annexation versus the cost of providing services." 3 In response toPolicy ~wo, you will find accompanying this memorandum Exhibit C which attempts to evaluate the cost to the City of annexing this parcel and the dollars retUrned to the City in taxes. Policy 3 - "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated.!' As previously reported, the Briscoe tract is .66 acres in size and it is located in an area already developed in urban land uses. RECOMME~A~ON - ' The Planning Department recommends that the applications submitted by Len Kirschke for Leonard Briscoe for Annexation, Future Land Use Element Amendment and rezoning be approved subject to the comments listed. This recommendation is b=~sed in part on the following: ~_ -.l 1. The parcel is contiguous to Corporate limits; 2. The parcel lies within a County pocket and it is in t~e path of urban development. 3. The parcel is located within the City's municipal service area; ..~ 4. The intensity of land use desired i~ appropriate for the location; 5. The request is consistent with the ComprehensiVe Plan policies for annexation; c_~_ 6. The land use category requested must be conSidered as a part of an overall strategy for annexation and iti~appropriate; 7. The zoning is consistent with the proposed useOf the site; 8. The request will not impair the value or future~use of lands in the surrounding area; and, ..-~. 9. The cost to serve versus the benefits received .indicate a positive return for the City .... ~ /lat BOYNTON BEACH STAFF COMMENTS Planning Department: Police Department: Utilities Department: Billboard located on southe,astern portion of property to be r~oved within sixty (60) days of annexation. Initial Impact Minimal. See attached memo. MEMORANDUM TO: Peter L. Cheney, City Manager Annexation of Briscoe Property Please be aavised that the nearest water and sewer facilities to serve this subject piece of property is located at the northeast corner of the annexation.GUlfstream Mall, approximately 400 feet south of the property,, requesting In order to serve water and sewer service to this piece of property, it would require the developer to extend an 8" water main-northward from the northeast corner of the Gulfstream M~ll to the north limits of Briscoe property.' Likewise, it would require the running of a gravity sewer north- ward from the collection manhole at the pump station pre_sently serving the Gulfstream Mall. ~l~is lift station was designed with the collection man- hole at sufficient depth to be extended norttlward along.~ Federal tIighway to ultimately serve all of that property between the FE~-~Railroad and Federal Highway. ~ The minimum size lines required would be .8" water to inSUr~ adequate fire flow, and 8" gravity sewer as previously planned aaa minimum size required by state Law. -'~ Pe~ry A. Cessna~ Director of Utilities ~TO 'FOLD FROM F/£d' ./.b~P T- PLEASE REPLY TO ,~ SIGNED DATE: REPLY DATE: SIGNED Item · F~90 WheelerGrou~ Inc. 19T9 . MEMORANDUM September 3, 1986 TO: FROM: Jim Golden Planning Department Tom Clark City Engineer Post Landing, Preliminary Plat Comments:- The identification of the boundaries of the adjmcent prop- erty on the plat plan are misleading and should ~e removed, ie., the north arrow identifies the orientation. ~ 2. The P.R.M.'s are not shown or identified. 3. The'contiguous property to the north is not show~. e The documentation for .the ."Mortgagee's Consent" must be added to the plat. 5. Drainage easements should be shown. e The Drainage Easements should be dedicated separately from the Utility Easements to the Post Landing ProPerty Owner's Association for maintenance and operation. The seal locatiOn for the Mortgagee should be added to the plat. 10. The spelling .in the .Surveyor's Certification should be corrected. Roadway construction, except for parking spaces, rgquires an 8-inch base thickness and 1½" of Type II asphaltic concrete. Consideration should be given to raising the berm elevation of the grassy swale area from a maintenance standpoint. TAC/ck Tom MEMORANDUM TO : Carmen flnnunziato, Planning Director '.-. DATE: September 3, 1986 SUBJECT: TRB comments - Post Landing - Plat and Qe can ,approve the subject site plan conditionally upon the ~Ollouing changes being made: ' - !) We request that the engineer meet uith us to discuss his {ire flou calculations, and also to provide additional calculation~ ~houing coverage for the recreation facility. Line sizing or Configup~ion may have to be altered pending a resolution o{ fire flow-pequire~eni~. Z)Fire lines must be D.I.P. up to the post indicator valves, ~eyond that point polyethylene May be used if approved by the Fire 3) The sampling point detail Must be changed, and neu Sampling points established. The City does not allou bacteriological'sampling {~o~ fire hydrants. 4) ~ note should be added indicating thatthe City utile'maintain.main line se~ers only. Sincerely, cc: File Peter V. Mazzella. ~'~ Utility Engineer-..- __ FROM £~ 7- PLEASE REPLY TO '- ~ ~EPLY SIGNED DATE: SIGNED MEMORANDUM September 2, 1986 TO: Golden ~l~nning Department FRQM:-. Tom Clark City Engineer RE.: Hunter Run, Tract G, "Villas of Hampshire" The name is not con~istant. The original plat for the Summit identifies the different areas as Tracts, ie., the development plans should not refer to Parcel "G" but to Tract "G" as the plat does. The name "Villas" of Hampshire" does not show up on the plat .or the de- velopment plans. Elsewhere in Hunters Run such names have been on the plats and the ptans~ Should-it not be added here? The drainage system does not meet the'subdi~ion re- quirement for discharge into swales'and/or dry ponds. prior to discharge into lakes or wet.lands. No seal space is required for the City Council and the plat dOes now need to be signed by the City Planner. TAC/ck Tom Clark M~MORBNDUM TO ' DRTE: Carmen Rnnunziato, Planning Director September 3, 1986 SUBJECT: TRB comments - Tract G - Hunter's Run. Site Plan at'Plat We can approve the site plan and plat subject to the {ollouing changes being made: 1) The easements shoun on the plat should con{orm to those on ~e 'site plan and b~ properly labeled. The uater main-loop on the east side o{ the project should be re-configured to allou the ability to {orca uater around the loop. 3)'One valve should be added, and one relocated uithin the sysiem %0 allou more e{fective isolation. 4) It appears the seuer between manholes 3 and 4 uill have to be re-aligned, and an additional manhole added in order to keep ~he uater main a~ay {rom other underground utilities (FP&L. and telephone). Sincerely. Peter V. 'Mazzella, Utility Engineer cc: File MEMORANDUM carmen.Annunziato Planning Director Bob Donovan Chief Plan Reviewer September 3, 1986 Site Plan Approval Post Landing (phase II at Mahogany Bay) Upon review of the above, please be advised of the following: Health Dept. approval for car wash, swimming pool, and '2. Need county turnout permits. t Location of buildings on lot is not clear (need more dimensions and angles of reference). Need approval of addresses by police, fire, building dept., and post office. 5. Height of building Unit not shown. 6. Need details on dumpster. Type VI construction, 2-story attached units require fire sprinklers and must meet all other SBBC, NFPA, and'City ordinances. Extruded curbs not to be used in lieu of wheel stops. Note on page 2 of 5 onparking in cul-de-sac not clear (parking in cul-de-sac only allowed because it is a private road). The 27' access not maintained as required in parking lot (page 2 show.s 13.5 + 12 = 25.5). -~i and sewer flow rate for car wash, clubhouse and pool are r~q~i~=ed~d~to be submitted by a Florida registered engineer and must be r~i~ed~by_t~h~e Ut{tity Director prior to .Submitting plan to Building DeparTment foz~ review. 12. Common facilities and areas must meet state handicapped require- ments. Units must meet accessibility requirements as per State and City ordinances. 13. Sidewalk must pass through drive and be handicapped accessible. 14. Lake Worth Drainage District approval for items such as jogging trail, along with overall approval of project. O~ Do,ovan ' BD:bh TO FROM PLEASE REPLY TO ~ ~EPLY SIGNED DATE: SIGNED MEMORRNDUM TO : Carmen Rnnunziato, Planning Director DRTE: _. September 3, 198G SUBJECT:- TRB comment~ - Post Landing - Plat and site plan Ue cad ~pprove the subject site plan conditionally 6pon the Toi!ouing changes being made: 1) Ue request that the'engineer meet uith us to discuss his Fire calculations, and also to provide additional ca'l-culatior~ ~Houing coverage For the recreation ~acility. Line sizing or con~igtn"~e~ion may have to be altered pending a resolution o~ fire ~lou.requiremer~- Z)Fire ]~nes must be D.I.P. .up to the post indicator valves... Beyond that point po]ye~hylene may be used iF approved by the Fire Dept. 3) The sampling point detail must be changed, and neu sampii;~g points . established. The City does not allou bacteriological sampling.~ro~ Fire hydrants. 4) R note should be added indicating that the City uill maintai~ ~ain l~ne seuers only. cc: File Peter ¥. Mazzella,~:~_ Utility Engineer JIM GOLDEN PLANNING SUBJECT: ~ FO~D ~ FROM ROBERT L. E ICSED~ZLST ASSISTANT DIRECTOR PUBLIC WORKS Compactor Location at Post Landings DATE: 9/2/86 A compactor location must be shown on plans and approved by Public Works. The City of Boynton Beach will service this PLEASE REPLY TO . r REPLY ..... --.-~x?~.--~..:.,. ~.~ ..... .n,~ COPY FOR PERSON ADDRESSED MEMORANDUM 3 September 1986 TO: Chairman and Members Planning and Zoning Board FROM: Carmen S. Annunziato, Planning Director RE: Post Landing - Staff Comments Please be advised of the Planning Department's comments in connection with the above-referenced request for site plan approval: 1. The number and type of dwelling units for each building is to be shown mn the site plan. 2. Entrance signage will require separate site plan approval, as no details have been provided on the proposed~entrance signage. 3. Parking lot layout and design on site plan should correspond to parking lot layout and design on horizontal control o!an {sheet no. 2 of 5). 4. Lighting details to be provided. Se /bks Parking spaces proposed to be located in enclosed garages must meet the requirements of the parking lot.:regulations. Compactor to be screened on three sides with 'a'~'six-foot concrete block wall with a minimum opening of fifteen fe~'. CARMEN S. ANNUffZIATO ' MEMORANDUM Director Kevin J. Hallahan Forester/Horticulturist September 9. 1986 Post Landings - Site Plan The following is in reference to the landscaping plan for the above project. .1. Suggest removal of Bottlebrush and Indian Rosewood from the list of landscape trees. These species have brittle wood and cause problems with breakage (wood) in the futur~_. .There should be a more detailed landscape plan showing the in- dividual unit landscaping 'too. The landscape keg should be more delineated as to which species corresponds to which letter or number on the plan. There should be. a limit to the number of landscape plants in the selection. This ma~ be accomodated at the Community-- .Appearance Board.. & There is no tree surve~ submitted with the Site plan. One should be included or a comment made that no significant trees exist on the site. KJH:ad MEMORANDUM Carmen Annunziato City Planner Bob Donovan Chief Plans Reviewer September' 4th, 1956 HUNTERS RUN TRACT G VILLAS.OF HAMP$~ ~ Upon review of the ~bove, please be advised ~of the following: Location of buildings on lot not clear. Need additional information angles, etc. Buildable areas for future porches, pools, etc., should be Shown on t~ site plan. $. Type VI constr~cti°n, 2 story attached units requires fire sprinklers, and must meet all other S.B.C.C~I., N.F.P.A. and City Ordinances. 4. Copy of Water Management permit to be submitted. $. Co,on facilities and areas must met state handicap requirements. Units must meet accessibility requirements as per state and city ordinances~'~_ Details on ramps, elevations, door sizes need to be submitted. - S. Wate. r and sewer flow rate for p~ol area and rest room area by ~ Florida registered engineer must be s~bmitted and reviewed by the Utility Director prior to submitting. plan to the Building Department for review. ?. Need approval of addresses by Police, Fire, Building, and Pos~ Office. B. Need details for parking .lots and parking at' units. (dimensions, radius, elevations, curbs, etc. Need handicap parking and signs in common area. Richa~d Donovan Plans Reviewer MEMORANDUM TO ' Carmen Rnnunziato, Planning Director DATE: September 3, 1986 SUBJECT: TRB comments - Tract G - Hunter's Run. Site Plan and ~e can ~pprove the site plan and plat'.sub)ec~.~o ~he {ollowing cba=r~es being made: I) The easements shown ~n the plat should con{orm to those on ~h~site plan and be properly labeled. Z) The water main loop on the east side o{ the project fhould re-con{igured to allow the ability to {orce water around the loop. 3) One valve should be added, and one relocafed uifhin the sys~e~ ~o allow more e{{ecfive isolation. be 4) If appears the sewer between manholes · an~ 4 will' have-f~--be re-aligned, and an addifional manhole added in order to keep~he water main aua¥ {ro~ other underground utilities (FP&L, and felephone)-. Sincerely, Peter ¥. Mazzetla, Util i~y Engineer cc= File Carmen Annunziato Planning Director Bob Donovan Chief Plans ReViewer MEMORAN'DUM September 4th, t986 SITE PLAN APPROVAL CHEVRON, U.S.A. Upon review of the above, please be advised of the following: Need turn-out permit, for S.R. 804 and Congress. B~.': ~Need sidewalk aZong Congress Avenue. (Copy of Variance granted on distance $. Need handica~ ramp at corner of sidewalk on Congress and '$R ~04. 4. Each parking stall shall have provided a concrete curb stop. A raised concrete curb may be used, however not an extruded one. ._ $. Need D.E.R. approval for tanks and information on existing tanks on ~i~e'. $. Setback to roof not clear on plan. ?. Need Health Department approval for store with bath facilities and car wash. B. Need water and sewer flow by Florida registered engineer for store and car wash submitted to the Utility Director for review prior to submitting pla~s to the Building Department. Need handicap sign at handicap parking space. ~mpster access door not wide enough for tr~ck access. ll. Permission from Lake Worth Drainage District for any work done sn canal easement. doors, access width, etc., to determineT, complia~e with state Need details on ramps, ~ndicap code. Ifs Richard Donovan Plans Reviewer M EM 0 RkN D UM August 29, 1986 TO: FROM: Jim Golden Planning Department Tom Clark City Engineer Site Plans, Island Marketeer Comments:- The R.O.W. required for the future expansion of Boynton Beach Blvd. shall be given to the Florida D.O.T. via a R.O.W. deed. A copy of the~recorded-- deed should be submitted to the City. Type of raised curb for this project should be clarified on sheet CM-4. 3. Detail of strip drain grating should be shown~. Turnout construction will require a permit from the County for the COngress Avenue turnout and from the D.O.T. for Boynton Beach Blvd. TAC/ck Tom .Clark MEMORANDUM TO ' Carmen Rnnunziat.o, Planning Director [~TE: -September 3, 1985 sUBJECT: TRB comments - Chevron station at SR 804 and Congress Rye. recommend the Follouing changes be made in the seuer design: R ZO" x 4" tapping saddle and 4" gate valve be used instead o{ a ZO" 10" saddle, reducer and G" gate valve. Z) The check valve should be of the suing arm variety, and located in a box at grade so that it can be maintained. The City will maintain thi~ valve, and the 4" gate valve which must be the resilient seat ~ype in accordance with our standard criteria Sincerely. Peter V. Mazzella. .- Utility Engineer cc: File FROM ROBERT L. EIC~ORST ASSI SANT D IP~ECT~R PUBLIC WORKS FO~D ~ : i?..- Gates on Trash Container Enclosure DATE: ..... 9'/2/86 A minimum opening of 10 feet wide is required when the gates are in an open position. PLEASE REPLY TO .~ MEMORANDUM TO: FROM: 3 September 1986 Chairman and Members Planning and Zoning Board Carmen So Annunziato, Planning Director RE: Chevron USA - Staff Comments Please be advised of the Planning Department's comments connection with the above-referenced request for site pith' approval: /bks Lighting details to be provided. Two dimensions have been provided on the site plan for. the dumpster enclosure. The 9'x10' dimension is to be deleted as it does not conform to minimum code requirements. The cur. bing on the north side of the driveway onto Congress Avenue is to be continued to the southwest co~er of the western-most parking space in order to provide f0.r a smoother transition and to protect vehicles parked in thi~ particular space. ' ' CARMEN S. STAFF COMMENTS LAKES OF TARA PUD 'SPECIAL SUBDIVISION SIGN .Building Department: Setbacks 50 be clarified-