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Minutes 02-11-86MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 11, 1986 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Walter "Marty" Trauger, vice Chairman George deLong Marilyn G. Huckle John Pagliarulo Robert Wandelt Garry winter William Schultz, Alternate ABSENT Norman Gregory, Alternate (Excused) Carmen S. Annunziato, Director of Planning Tim Cannon, Senior city Planner Jim Golden Assistant City Planner Chairman Ryder called the meeting to order at 7:30 P. M., welcomed everyone, introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, Mr. Golden, and the Recording Secretary. Mr. Schultz was in the audience, and Chairman Ryder told him he could be excused from the meeting. Mr. Gregory had called Chairman Ryder to tell him he could not make the meeting, so he was excused. Chairman Ryder recognized the presence in the audience of Mayor Nick Cassandra, Councilman Ezell Hester; Councilman Carl zimmerman; Peter L. Cheney, city Manager; and Samuel Scheiner, Vice Chairman of the Community Redevelopment Agency. MINUTES OF JANUARY 14, 1986 vice Chairman Trauger moved to approve the minutes as presented, seconded by Mrs. Huckle. Motion carried 7-0. AGENDA APPROVAL Mr. Annunziato wanted to change the order of the Agenda and put "OLD BUSINESS, A. Site Plan, Humana Medfirst" after "NEW BUSINESS, A. PUBLIC HEARINGS, 2" because all three items were related, and he thought they should have the public hearings first and then address the site plan. - i - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 ANNOUNCEMENTS None. COMMUNICATIONS None. NEW BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE Project Name: Agent: Owner: Location: Legal Description: Humana Medfirst Sally S. Benson, P. A. ~umdeco, Inc. South side of Boynton Beach Boulevard, east of N. W. 7th Street Parcel One: Lots 22 and 23, less the N. 10' and additional 1-95 Right-of- Way as in O. R. Bk. 2163, page 1967 and O. R. Bk. 2194, page 107, and Lot 29, and the E½ of Lot 28, Blk. 2, LAKE BOYNTON ESTATES, PLAT 1, accord- ing to the Plat thereof recorded in Plat Book 13, Page 32, Palm Beach County Public Records. Parcel Two: Lot 27 and the W½ of Lot 28, Blk. 2, LAKE BOYNTON ESTATES, PLAT 1, according to the Plat thereof recorded in Plat book 13, page 32, Palm Beach County Public Records. Description: Request for relief from Section 5-141 (g) (3) "Driveways" of the Parking Lot Regulations Chairman Ryder commented that the site plan had been tabled for a period of time because the Technical Review Board (TRB) and the City felt that the traffic in-put study was required. Apparently, that had been submitted. Chairman Ryder informed everyone that the location is just west of 1-95 coming down the ramp, if you are going to the west, and is approximately opposite Wendy's. Mr. Annunziato wanted to talk about the variance and the recommended mitigation because it involved the plans of the City, Palm Beach County, and the Department of Transporta- tion (DOT) as they related to the request. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 Mr. Annunziato said Humana's site plan provides for a drive- way onto Boynton Beach Boulevard 170 feet from the intersec- tion of N. W. 7th Street from the south. Mr. Cannon pointed out locations on the site plan. Mr. Annunziato said there is an intervening lot between this property and N. W. 7th Street. The City's parking lot regulations require that you have 180 feet, and Mr. Annunziato said the way the property is situated, the applicant was asking for a variance of ten feet because the driveway would be 170 feet from the inter- section of the rights-of-way lines. Mr. deLong asked if the present curb cut was the intended driveway. Mr. Annunziato believed it was but added that it would be modified somewhat. This property is not on the corner. Two lots on Boynton Beach Boulevard separate it. If the curb cut that is there now is 170 feet from the corner, Mr. deLong expressed that he would be absolutely shocked. He also did not think there was more than one apron, as Mr. Annunziato suggested. Chairman Ryder said it could be checked when the Board came to the site plan. Mr. Annunziato read from his memorandum, dated February 4, 1986, addressed to the Board, the recommendation of the TRB that the variance be approved with two kinds of mitigation and said that was to become a part of the minutes of this meeting. If this set of recommendations was approved, Mr. Annunziato said Chairman Ryder's statement that there would only be right turn movements in and out would be correct. What was before the Board was presented to the City Council on February 4, 1986 and was DOT's plan for the reconstruction of medians from where 8th Street is now going eastward to Industrial Avenue. DOT's plans call for the closing of the median at 7th Street from the north and 7th Street from the south. Mr. Annunziato advised that there would be a permitted "U" turn at 7th Court, which would be that break in the median. In connection with the County's plans to reconstruct Old Boynton Road to intersect with Boynton Beach Boulevard, the existing intersection with Old Boynton Road and Boynton Beach Boulevard would be closed, and there would be no median there. Mr. Annunziato said it was planned to have all of these things happen with the County's plans to relocate Old - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 Boynton Road to 8th Street but what has happened is that the County has run into some problems with the condemnation of rights-of-way which would result in the realignment. Therefore, in connection with Humana, Mr. Annunziato said the city had to go back and look at the best way to make their application work. Mr. Annunziato drew attention to where Humana's intersection would be (directly opposite N. W. 7th Street on the south). There is currently a median there and no stacking lane for westbound traffic. It was the opinion of the TRB that if westbound traffic were to turn left through the median break into Humana's property, they would have to stop in the through lane, causing a difficult and unsafe traffic situation. Initially, the TRB's comment was that this median cut, con- sistent with DOT's plans, should be closed but by closing that, Mr. Annunziato said traffic from the north and Laurel Hills desirous of going east to 1-95 would have to make a "U" turn that would occur at the next median opening, which would be 7th Street from the south. However, at that point, they still would not have a safe turning lane, and those cars would be forced to stop in the through lane. The next logical step, which was the TRB's initial recommendation, was to have that median cut closed and to reconstruct the medians consistent with DOT's plans with the dedicated "U" turn at 7th Court. After discussions with the Applicant's Traffic Engineer, Palm Beach County's Engineer, and Tom Clark, city Engineer, Mr. Annunziato suggested that the TRB's recommendation be modified somewhat. Because of the inability to gain the right-of-way for Old Boynton Road, he said it was suggested that it may be necessary to have an interim construction which would provide safe turning movements until such time as Old Boynton Road is relocated and the median can occur consistent with DOT's plans. Mr. Annunziato said it was suggested that they not have a median cut at 7th Court for "U" turns but that the median opening be moved somewhat to the west and the stacking lane be constructed eastward from the new median cut. Therefore, everybody who would exit from Laurel ~ills would be able to have enough time to get across three lanes of Boynton Beach Boulevard into a safe turning lane, go to a point where they could make a "U" turn with no interference, and then make - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 their "U" turn if they want to go east. If traffic from the south desires to go west, they would go to 8th Street and make their left turns at 8th. If they want to go east from 7th S'treet, they could go east or go to the median cut that will remain and be enhanced at Industrial Avenue, and make that "U" turn. Mr. Annunziato told the Members that the plans for the DOT are to recapture a capacity by utilizing "U" turns and closing medians. Chairman Ryder asked if the median cut was to the east, on the way up to the ramp. Mr. Annunziato replied that there is no median cut. What Chairman Ryder referred to was Industrial Avenue, which Mr. Annunziato said would remain. Because the 8th Street issue is now one that may take a year to solve, Mr. Annunziato advised that an interim solution is necessary. This formula is the formation of the TRB's recommendation as modified. The TRB recommended that the variance be approved, subject to the three comments listed in Mr. Annunziato's memorandum of February 4, 1986. Sally S. Benson, Attorney at Law, Suite 205, Forum III, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401, thought Mr. Annunziato did a great job explaining everything and agreed with Chairman Ryder that some changes are being made on the median and said they are very recent. She thought all of the Members were aware that there had been a delay because of the DOT's plan. Mr. Annunziato confirmed that Attorney Benson's understanding that the improvement just outlined would be the applicant's obligation but would not be an obligation until such time as they construct their building was correct. Attorney Benson said the Applicant was asking for the least amount of variance possible and that they can run the egress and ingress into their property at the point that is furtherest from the intersection. They were asking for a ten foot variance from the normal required 180 foot measure- ment from an intersection. Attorney Benson stated that they have a hardship.insofar as they are unable to comply with the 180 foot requirement in that their property terminates at 170 feet from the intersection. Attorney Benson further stated that the Applicant is willing to comply with the three conditions that the city recommended in Mr. Annunziato's memorandum and asked the Board to grant the variance. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 Chairman Ryder referred to Mr. deLong's question and asked Attorney Benson if she was aware of whether the existing cut was the one they were going to use. Attorney Benson referred the question to the Engineer. Daniel N. Murray, P. E., Murray-Dudeck & Associates, Traffic Engineering Consultants, 1388 N. W. 2nd Avenue, Boca Raton, Florida 33432, told the Members that as far as cuts for Humana, there is only one cut on Boynton Beach Boulevard. Chairman Ryder said, apparently, they tried to keep it to the extreme easterly side of their property to come as close as they could to this requirement. Mr. Murray said he recommended that the 25 foot radii be put in, and it was agreed by the city that it be put in to facilitate both the ingress and egress. These will strictly be right turn movements in and out. The 180 foot requirement is a standard requirement that looks at a total situation which, a lot of times, would be only left turns. In his professional opinion, Mr. Murray said there was an insignifi- cant difference between 170 and 180 feet. ~e thought it would function very safely. There was discussion about the curb cuts. Mr. deLong thought there was only one in existence now, and it is almost immediately to the east of the present two lots not owned by Humdeco but west of their property. Those two lots have 50 feet frontage pier lot, or 100 feet. Mr. deLong could not see where the curb cut would be 170 feet because if it was, it would be east of Humedco's 50 foot lot. Mr. Murray reiterated that there is other property between their property and 7th Street. Mr. deLong again said if the present curb cut was their indication of 170 feet, he would be shocked if it was 170 feet. Mr. Annunziato stated that they looked at the survey and could not tell whether the existing turn-out is on the east side of their property or on the west side of their property. For the Board's purposes, Mr. deLong asked if Mr. Murray was saying their curb cut will be 170 feet. Mr. Murray replied, "That's right." Mr. Annunziato added that all of the curb cuts improperly placed will be removed and curbs and sidewalks will be provided as part of the site plan approval. Mrs. Huckle asked if the egress from the site was strictly out of the site onto Boynton Beach Boulevard with a right - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 turn. Chairman Ryder answered that a person can enter and leave with a right turn. Mr. Murray clarified that it is two way traffic in and out of the complex but strictly right turns. Vice Chairman Trauger asked if the traffic count was sufficiently low so they would not get the stacking proposi- tion out in the street as people pull in and out of the medical facility. Mr. Murray answered that there is a very low volume of traffic for these Medfirst facilities. In his report, he presented data from two other facilities. Secondly, they designed the access with a 25 foot radii, and the width is more than adequate, for any vehicle turning in. Chairman Ryder asked if anyone else wished to speak in support of the application or if anyone wished to speak in opposition to the application. There was no response. THE PUBLIC HEARING WAS CLOSED. In view of the parking study that was submitted and in view of all the uses that would go into C-2 that would have a much greater traffic impact, Mr. deLong moved that the plans be approved, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. ABANDONMENT Project Name: Agent: Owner: Location: Description: Humana Medfirst Sally Benson, P.A. Humdeco, Inc. South side of Boynton Beach Boulevard, east of N. W. 7th Street Request for the abandonment of a five foot utility easement Mr. Annunziato drew attention to paragraph 2 of the Applica- tion to Abandon/Vacate and said the title or interest of the City and public in and to the property is by Dedication, not Deed. The recording information should be changed to Plat Book 13, Page 32. Mr. Annunziato said Humana Medfirst was requesting an abandonment of an east/west utility easement which splits their property in half in a north/south manner. These properties were platted in Lake Boynton Estates in 1925 with lots fronting on Boynton Beach Boulevard, which was then called Lake and lots fronting to the south, and now is called - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 N. W. 1st. Along the back lot line of the north fronting lots and the south fronting lots is a total 5 foot utility easement. The request is to abandon that easement in connec- tion with development of the site. When there is a request for the abandonment of any easement or right-of-way, Mr. Annunziato said the City contacts the utility providers and department heads. The comments that were returned were recommendations for abandonment, but he said they had to discuss further the issue of the telephone company. At this point, he did not think the telephone company would object to the abandonment, but they are interested in ha~ing an easement dedicated back to them exclusively. Since no one objected to the abandonment, the TRB recommended approval of the abandonment. Mr. Annunziato said the Appli- cant will dedicate additional easements on the east side of its property to accommodate water. Attorney Benson confirmed that Southern Bell has an existing underground line %brough the easement the Applicant proposes to abandon. She had discussions with them, and Southern Bell does not have a problem with the abandonment, provided there is a dedication as to their easement right. Southern Bell will continue to keep their lines in place where they presently exist. Attorney Benson's client had no problem with that or construction with the easement. Attorney Benson had an Easement Deed signed for that ease- ment and an easement along the east side, which will take care of all other utilities. She added that Southern Bell also would be very willing to abandon any easement rights they presently have on the easement the Applicant proposed they abandon if the Applicant relocates their lines for them. At present, the Applicant is happy to keep them there and to give Southern Bell the easement they need. Mr. Annunziato informed Chairman Ryder that Tom Clark, City Engineer, had no objections to the request, as evidenced by his letter dated February 5, 1986 to Sue Kruse, Deputy city Clerk. Mr. deLong wondered if the telephone company wanted an exclusive dedication for their purposes. Mr. Annunziato thought the Applicant should submit written documentation to the city by the Council meeting on February 18th to document - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 the telephone company's position in this regard. He thought by this time next week it would be very clear as to what the telephone company's position is, and he felt it would be affirmative. Attorney Benson clarified that the effect of it was that the telephone company could continue doing whatever they had the right to do before, but the telephone company will not con- vey that right to anybody else, and no one else will have the right to come in and put any type of utility in there. Mr. Wandelt questioned how it would be documented. It was believed it would be on a printed form that would be recorded. Mrs. Ramseyer, Recording Secretary, had a problem with her recording equipment so THE BOARD TOOK A RECESS AT 8:00 P. M. The meeting resumed at 8:07 P. M. Chairman Ryder asked if anyone else wished to speak in favor or in opposition to the request, and there was no response. THE PUBLIC HEARING WAS CLOSED. Mr. deLong moved that the application be approved, subject to staff comments and the remarks made about finding out about the telephone company. Mr. Wandelt seconded the motion, and the motion carried 7-0. OLD BUSINESS Site Plan: Project Name: Agent: Owner: Location: Description: Humana Medfirst - Tabled 10/8/85 Randy B. Oakes, Project Manager Humdeco, Inc. South side of Boynton Beach Boulevard, east of N. W. 7th Street Request for site plan approval to construct a 3.125 square foot medical clinic on .58 acres Mrs. Huckle moved, seconded by Mr. Wandelt, to remove this item from the table. Motion carried 7-0. Mr. Golden said the proposed site abuts the former Twistee Treat ice cream cone site to the east. The proposed access is two way by way of Boynton Beach Boulevard West on the south side and would be almost directly across from the - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY tl, 1986 median cut that aligns with N. W. 7th Street to the north. The second means of access would be by way of a two way driveway onto N. W. 1st Avenue from the south. The parking exceeds the Code requirements. The proposed medical facility will be a one story structure with plywood siding and a shingled roof. The interior of the building includes examination rooms, an X-ray room, treatment room, consultation room, waiting room, and labora- tory. Adequate utilities are available. Mr. Golden said the Technical Review Board (TRB) recommended approval subject to the comments from the Engineering, Utilities, Police, Public Works, and Planning Departments and the Urban Forester. Attorney Benson informed the Members that the site is a little over 1/2 an acre, and they will have 29 parking spaces, two of which will be handicapped. Four employees are anticipated (a physician, receptionist, nurse, and bookkeeper), and 25 patients are expected initially. It will be a type of walk-in medical facility, and the hours will be from 8:00 A. M. until 8:00 P. M. Vice Chairman Trauger asked if the doctor will be accredited at Bethesda Hospital or a local hospital. Randy Oakes, Project Manager, Humdeco, Inc., 500 West Main Street, Louisville, Kentucky, explained that Humdeco is the develop- ment arm of Humana. They build facilities and negotiate with a doctor to lease the facilities and the staff to him for his practice. The doctor's affiliation with a hospital is secondary to Humdeco, and the doctor, on his own, would send that patient to a hospital. Mr. Oakes told of facili- ties in Louisville. Basically, it is a one physician doctor's practice. Chairman Ryder asked if they have other facilities in South Florida. In their traffic study, Attorney Benson said they looked at one facility existing in Plantation and another one in Boca Raton. Mr. Oakes informed Mr. Winter that the hospital on 45th Street in West Palm Beach is Humana's. Attorney Benson continued by saying they feel the two accesses to their building are necessary for the safety of the patients and reiterated that it will not be a high traffic count type of operation. They will comply with all landscaping requirements. Other than the traffic cut vari- - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 ance that they asked for and the abandonment, Attorney Benson felt it was a "pretty clean" proposal in compliance or in excess of compliance with all of the City's Code restrictions, at least in the parking requirements. Chairman Ryder noticed the traffic study was a substantial one and suggested that Mr. Murray give some of the high- lights. Attorney Benson agreed that traffic was the main concern at the site because it is close to a main intersec- tion and a lot of growth is occurring in the area. Mrs. Huckle called attention to an existing house on N. W. 1st Aven~e and asked if that was part of the Applicant's site and if the house would be demolished. Attorney Benson answered affirmatively and said the property was purchased from two property owners and it now comprises their whole strip of property. Mr. Murray told Chairman Ryder he used to be the District Traffic Engineer for Florida DOT and is familiar with their procedures. He was the one that probably introduced the City to the changes that were forthcoming. Mr. Murray said in undertaking the study for this facility, they gathered historic data for other comparable sites. They put out 24 hour counts, and Mr. Oakes explained how they counted the traffic at a facility in Boca Raton and another facility on State Road 7 in Plantation, Florida. Using those two facilities as a data base plus interviewing both of the Managers of the facilities, Mr. Murray was able to come up with an average trip rate, on a daily basis, of 208 vehicles. Because a facility such as this spreads out over a 12 hour period, in looking at the data, he said there was a fluctuation of hourly counts but no hour was excessive like you have in office complexes. Taking that information, Mr. Murray was able to generate the A. M. and P. M. peak hour traffic and said they were talking about a total of approximately 20 trips in the P. M. period that would use those driveways. 20 vehicles will either be leaving the facility or be coming into the facility over an hour period, or, in more simplistic terms, one vehicle every three minutes will be either turning in or turning out. Mr. Murray did not feel there would be a lot of inner action. You would have to deal in 15 or 20 vehicles turning every minute to have those kinds of conflicting problems occurring, so he felt this would work. However, recognizing that - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY tl, 1986 Boynton Beach Boulevard is a fairly high speed, major east/ west arterial, he did recommend that they enhance the radii so the vehicle speed would be a little faster and they would avoid the potential of a rear end accident. When he first looked at the site in the field, Mr. Murray had concern about the median openings currently existing there. Mr. Murray forgot whether he talked with Mr. Annunziato, Mr. Golden, or Tom Clark, City Engineer, but he had some concern about that, so he consulted DOT and discovered some positive action was being implemented. However, a week ago, Mr. Annunziato said the DOT thing had a snag with the right-of-way. Mr. Murray had no problem with the staff's recommendation concerning a temporary median opening proposal and thought it had good, sound merit and was a valid point. Chairman Ryder felt one of the prime considerations here was using the entrance on Boynton Beach Boulevard, whether going in or coming out, and in each case using a right turn. He pointed out that you would be in the right lane that ordinarily you would be taking if you wanted to get on 1-95 going south. Mr. Murray agreed that a high percentage of the people in that lane would be executing that move but when you look at the inner actions of any of the six lane arterials, unless you put turn lanes at every key intersection, predominantly that right through lane is used by turning traffic or slower drivers. Most people tend to stay in the center lane or in the left lane because the right lane gets a lot of people turning. Before anybody would execute a turning movement here, Mr. Murray said you would have potential turning traf- fic onto both 8th Street into the little shopping plaza that just opened up and also N. W. 7th Street. Chairman Ryder understood but emphasized that it is a criti- cal area and referred to cars not familiar with the ramps wanting to go north on 1-95 and crossing. Mr. Murray said the biggest problem is that the 1-95 interchanges are not all uniform and consistent and he explained. If that was a problem and as the City grows more, he said there could be considerations. Mr. Murray said the City staff may want to seriously recommend' that the DOT look at overhead signage because that really alerts people to where they should be. He told about signs such as they have in Miami. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 Mr. Murray stated that he included in his study the improve- ments recommended by the DOT, which were very sound, and wholeheartedly recommended the concept of controlling the "U" turns. He agreed with Mr. Annunziato that the median opening at N. W. 7th Street that comes in from the north should definitely be closed. Mrs. Huckle understood a patient going west out of the facility would have two options. He could go to the south on N. W. 1st Avenue or go past N. W. 7th Street, all the way up to 8thiStreet to where he would get his first median cut. Mr. Annunziato answered affirmatively and said when the improvements are put in place, including the signalization at 8th Street, and as 8th Street is connected south to Woolbrigh% Road, 8th Street will become the predominant north/south neighborhood street for those areas south of Boynton Beach BouleVard, and people will be encouraged to use 8th Street because of the signal. Coming south out of the medical site, Mrs. Buckle said a patient' would go past N. W. 7th Street, over to 8th to go north or west. The other option would be to come out of the north entrance, turn right, and at Industrial Avenue, there would be a "U" turn. Mr. Annunziato suspected people would take the former route to go to 8th Street. Mr. Murray thought it would be a combination because there are agresSive and conservative drivers. Additionally, there are drivers who will take one move during peak periods and another move during off periods. Once the signal goes in at 8th Street, Mr. Murray said that would stop traffic on Boynton Beach Boulevard and will artificially create gaps in the traffic. The right turn movement did not concern Mrs. Buckle. She was concerned about traffic going west, and she thought it was a long way around to get out of the site in either directionl. Mr. Murray said those were the only options. If everything flows through, S. W. 8th Street could be connected down to WOolbright Road, which would be another link in the city's transportation system. Mr. Murray told of different things that could happen and ways to go. Mr. Murray thought the key point was the intensity of traffic they werel talking about, which is very minimal, and he explained. If the Applicant was coming in with a Burger King, the~ Board could raise that issue more. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 Attorney Benson said she had briefly discussed the staff comments with the city staff, was agreeable with all of the requests, and said there was no problem on their part. Getting back to the original point of a C-2 zoned piece of property, Mr. deLong said while they could endeavor to do the impossible and make it completely safe, he thought humanly, they had to look at making it as safe as possible. Mr. deLong felt this type of occupancy was what the area needed, especially with the pending future changes there. Mr. deLong moved that the application be approved, subject to staff comments. Mr. Pagliarulo seconded the motion, and the motion carried 7-0. Chairman Ryder thought the TRB's recommendation for a traffic impact study was very credible. PUBLIC HEARING CONDITIONAL USE MODIFICATION Project Name: Agent: Owner: Location: Description: Praxis Adult Care Residence Carl W. Lindner Carl W. Lindner S. W. 3rd Street at Woolbright Road, southwest corner Request for a modification to the previously approved Conditional Use to allow for a 13'10" expansion of the west wing Mr. Golden said the purpose of the expansion is to allow for an increase of approximately 750 square feet in the common, social, recreation area. Mr. Cannon pointed to where this was taking place. By letter dated February 3, 1986, Mr. Lindner also requested removal of the sidewalk on S. W. 3rd Street from his plans. Mr. Golden said the Technical Review Board (TRB) recommended unanimously to deny this, and Mr. Lindner was so advised. The site plan was considered at the January 7th Meeting of the TRB, at which time they recommended approval of the Conditional Use, subject to staff comments from the Building Department and City Forester/Horticulturalist, which Mr. Golden read. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY tl, 1986 Mr. Golden said the purpose of the memo from the City Forester was due to the Tree and Landscape Codes, whereby existing and exotic species must be removed, which was the case with the Brazilian Pepper. In lieu of the Brazilian Pepper, it was felt additional landscaping needed to be pro- vided to sufficiently buffer the project from High Point to the south. Carl W. Lindner, Praxis Adult Care Residence of Boca Raton, 1000 N. W. 15th Street, Boca Raton, Florida 33437, said the staff recommendation was a result of the discussions he had with the adjoining property owners to remove the Brazilian Pepper. He had no objection to it at that time and was in total agreement. When they do the final land- scaping, Mr. Lindner said the Brazilian Pepper trees will be removed. Mr. Lindner told of his experience in skilled nursing homes and about the building in Boca Raton, which this building was patterned after. This project was begun to get the Conditional Use and everything else that was necessary. Mr. Lindner said it became apparent that the minimum require- ment of the Department of Health & Rehabilitative Services (HRS) of the State of Florida was insufficient. The HRS people shared the feeling, and they propose to extend the area here. Mr. Lindner stressed that he was not asking for any more rooms, bathrooms, or parking spaces, and the setbacks will not be affected. It would just provide a much needed activi- ties area for the elderly, especially during rainy days. Vice Chairman Trauger asked if Mr. Lindner would build the berm up on the area next to High Point, as suggested by the city Forester. Mr. Lindner did not precisely know what Mr. Hallahan, city Forester, meant but said he would be very happy to sit down with him and provide whatever would accomo- date the desires of the adjoining High Point residents. Mr. Lindner assured the Board he would do this and told Mr. deLong he had no problem whatsoever with the staff comments. Mr. deLong asked if Mr. Lindner was planning a level one or two. Mr. Lindner answered that it was a level one and explained how it was drafted and said it would accommodate 32 people. He anticipated new regulations which would require more space and said, unfortunately, they had not provided for that in Boca Raton or here. Mr. Lindner wanted - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 to do it at this location before they get their certificate of occupancy, and he told of the inconvenience to the resi- dents when they expanded at Boca Raton. Mr. deLong thought the fact that the expansion was towards 1-95 and not High Point was of particular significance. Mr. Lindner disagreed with the findings of the TRB on the sidewalk and said it was not a question of dollars. They were trying to eliminate two conditions: (1) Parking on S. W. 3rd Street and direct vehicular traffic to the parking area rather than in front of the building. (2) Mr. Lindner felt the sidewalk would stick out like a sore thumb there because there are no other sidewalks in High Point. He added that it was no problem, and he will put the sidewalk in. Chairman Ryder asked if anyone else wished to speak in support of the Conditional Use Modification or in opposition to it. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. deLong moved that the application be approved, subject to staff comments. Mrs. Huckle seconded the motion, and the motion carried 7-0. B. SUBDIVISIONS PRELIMINARY PLAT Project Name: Agent: Owner: Location: Description: Boynton Lakes - Plat 3B Rick Rossi, P.E. Lennar Homes, Inc. East side of Congress Avenue, south of Hypoluxo Road Request for approval of construction plans and preliminary plat which pro- vides for the construction of infra- structure improvements to serve forty-two (42) multi-family attached units in connection with a previously approved Planned Unit Development (PUD) Mr. Golden informed the Members that Plat 3B is located east of Boynton Lakes Boulevard and south of the Lake Worth Drain- age District's Canal L-19. Originally, Plat 3B was included as part of original Plat 3A, which received approval. The - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY tl, 1986 developer then decided to divide Plat 3A into three parcels, so Mr. Golden said there were no changes. The Technical Review Board (TRB) recommended approval, subject to staff comments from the City Engineer, which Mr. Golden read. No one was present to represent the applicant, and Mr. Annunziato explained that Mr. Rossi was out of town because of a death in the family. Mrs. Huckle moved, seconded by Mr. Winter, to approve the preliminary plat, subject to staff comments. Motion carried 7-0. SITE PLANS Project Name: Agent: Owner: Location: Description: Milord Office/Warehouse Complex Jerome F. Milord Milord Development Corporation Congress Avenue at Neptune Drive, north- east corner Request for site plan approval to construct a 48,476 square foot warehouse/manufacturing building on 3.36 acres. Mr. Cannon showed the location on the overlay. Mr. Golden agreed with Mrs. Huckle that the location map with the Members' Agendas was incorrect and showed where the real Neptune Drive is. He said the proposed structure is designed in the shape of the letter "U", and the opening faces to the east. A loading zone is provided for trucks and other vehicles in the center of the "U". The number of parking spaces provided exceeds the Code. Mr. Golden said access will be provided by two two-way drive- ways located at the extremities of the property, the first being on Neptune Drive at the southeast corner, and the second being at the northwest corner on Congress Avenue. It will be a one story structure with a maximum height of 25 feet, and Mr. Golden said the building finish will be stucco with a prefinished aluminum facia, a painted to match shingle roof, and tinted glass. Adequate utilities to serve the structure are available. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 11, 1986 The Technical Review Board recommended approval, subject to staff comments from the Building, Engineering, Utilities, Police, Public Works, and Planning Departments and the Forester/Horticulturalist. There was an additional memorandum dated February 6, 1986 from the City Engineer, which Mr. Golden said cancelled out Mr. Clark's original comments. Jerome F. Milord, Vice President of Milord Development Corporation, 2875 South Congress Avenue, Delray Beach, Florida 33445, had no objections to the staff comments. Mr. Wandelt moved, seconded by Mr. Pagliarulo, to approve the site plan, subject to staff comments Motion carried 7-0. ' Project Name: Agent: Owner: Location: Legal Description: Description: 9 Bay Industrial Building Donald T. Smith, P.A. L. W. McNamara and Sons, Inc. East side of Congress Avenue, south of S. W. 30th Avenue A portion of Lots 2 and 3, LAWSON INDUSTRIAL PARK PLAT NO. 2, recorded in Plat Book 46, pages 178 & 179, Public Records of Palm Beach County, Florida Request for site plan approval to construct a 14,483 square foot mixed use industrial building on 1.26 acres Mr. Golden told the Members that Tire Kingdom is to the north, and a canal abuts the property to the east. The approximate shape of the building is rectangular, and it is divided into nine bays. The owner intends to lease the bays out to various uses permitted under M-1 zoning. Parking is provided around the perimeter and in front of the building. A 12x35 foot loading zone is provided in the southeast corner, and a dumpster will be provided in the northeast corner. Access will be provided by a private access easement, which is shared 'with the Strauss-Wassner Building to the south onto Congress Avenue. The building will be light beige stucco, which will be highlighted by darker beige bands. The store front is to be bronze. Adequate utilities are available, and Mr. Golden explained how properties to the north and south will be linked, so it will complete the missing link in that area. - 18 - MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY tl, 1986 The Technical Review Board recommended approval, subject to staff comments from the Building, Utilities, and Planning Departments and the Forester/Horticulturalist. Donald T. Smith, Architect, 2260 N. E. 1st Avenue, Boca Raton, Florida 33431, said they had no problems with the staff comments and will comply with all of them. Mrs. Huckle asked if there was any plan for office uses in the bays. Mr. Smith replied that they would be incidental to the industrial warehouse operation. Mrs. Huckle thought they looked like bays, as opposed to the previous plans the Board saw, and she wondered if they planned some office facility there. Mr. Smith answered that the bays are typical. The building is approximately 80 feet long, has a store front in the front, an overhead door, and access in the rear. Mr. deLong wondered why one space was required for every 200 square feet for this applicant and only one parking space was required for every 300 square feet on the project the Board just voted on. Mr. Annunziato asked if it was required or just provided by the applicant. Mr. Smith replied that the applicant provid!ed it. Mr. Annunziato could not see any reason why it would be required, and he said it could have been the way the applicant interpreted the City's Ordinances when he filled out the application. The City would only check to make sure he had the minimum requirements. Vice Chairman Trauger moved that the site plan be approved, subject to staff comments. Mr. deLong seconded the motion and the motion carried 7-0. ' SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Northwoods at Hunters Run Gary Maresca/Dean Fleming George Culverhouse Hunters Run Golf and Racquet Club Northwoods Addition No. 1 Request for approval of an amended site plan to allow for a change in floor plans for buildings %50, %52, and %56 at Phase 3A portion of Tract "E" Mr. Golden informed the Members that these are three large single family homes located in the extreme northwest corner - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY tl, 1986 of the Hunters Run Planned Unit Development (PUD). Mr. Cannon indicated the location, and Mr. Golden said the same three units were included in a site plan modification that was approved by the Board at their June, 1985 meeting. Five units were involved in that request, and these three units are three of the original five. In this request, the appli- cant was requesting a change in the building layout and desiqn. The Technical Review Board recommended approval of the request as submitted. There were no staff comments. Gary Maresca, Agent, 3151 S. W. 14th Place, Suite 7, Boynton Beach, Florida 33436 told the Board they reduced the number of units originally planned, enlarged them, and upgraded the units themselves. Vice Chairman Trauger moved to approve the amended site plan, seconded by Mr. Winter. Motion carried 7-0. All of the Members asked Mr. Maresca about Mr. Charles Gilbert and said they have missed him at the meetings. ADJOURNMENT There being no further business to come before the Board, Mrs. Huckle moved to adjourn, seconded by Mr. Wandelt. Motion carried 7-0, and the meeting adjourned at 9:10 P. M. (Two Tapes) - 20 - ~iEMORANDUM 4 February 1986 TO: FROM: Chairman and Members Planning and Zoning Board Carmen S. Annunziato Planning Director Humana Medfirst - Parking Lot Variance Reqdest 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 R~view 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 proceedinas. To that end, this memo is forwarded, consistent with 5-144(c) (~). ...... Sally S. Benson, agent for Humdeco, Inc., has requested a variance to Section 5-141(g) (3) Driveways, of the Parkin~ Lot regulations which requires, among other things, that no driveways may be constructed closer than 180 feet to the intersection of the riGhts-of-way lines on streets of a higher classification (collectors/~rterials). In this instance, the applicant is requesting to be permitted to retain an existing curb cut located on Boynton Beach Boulevard approximately 170 feet from the interseotion with N.W.7th Street. For an ex- planation 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, Februarz 4, 1986 the Technical Review Board (TRB) met to review the plans and documents submitted, and 'to formulate a recommendation with regard to the variance requested. After re- view and discussion, the TRB recommended that the variance requested be approved, subject %o the following conditions: 1. That the develooer close the existing median cuts on Boynton Beach BouleVard at N.W. 7th Street (both sides) and construct the U-turn at N.W. 7th Court as per the approved DOT plan for reconstruction of median cuts in this area of the City. Page Two. /lat cc: 2. That the driveway onto Boynton Beach Boulevard be constructed with a 25 foot radius to facilitate ingress and egress to the site, as recommended in the Traffic Impact Analysis prepared by Murray-Dudek and-Associates. 3. That the improvements listed under item ~1 and %2 above be completed prior to the issuance of a Certificate of Occupancy. City Manager Technical Review Board Centra~ File Carmen S. Ann~f~iato .F MEMO- REPLY February 5, 1986 TO: Sue Kruse Deputy City Clerk FROM: Tom C1 ark City Engineer RE: Abandonment AppliCation Forwarded herewith are w~itten comments concerning the subject abandonment request received from Florida Power & Light and from Florida Public UtLlities as follows: Letter of January 29, 1986 from Florida Power & Light Letter% of January 23, 1986 from Florida Public' Utilities The telephone company has an underground telephone line in the subject easement and an agreement will be worked out .... with the owner. The easement requirements for the City Utility Department are being arrm_nged with the owner. Predicated on an agreement for the relocation of thetelephone line, I have no objection to the abandonment request. TAC: ck Attach. cc: Tom Clark Jim Golden, Planning Dept. Forester: STAFF COMMENTS HUMANA MEDFIRST SITE PLAN Engineering Department: Utilities Department: See attached memo See attached memo Police Department: See attached'memo Public Works Department: See attached, memo Planning Department: See attached memos (2) 1. Dwarf Oleander along Boynton Beach Boulevard must be 36" in height at time of planting Hedge at west side of N.W. 1st Avenue driveway should be continued on east side of driveway Provisions for removal/relocation of existing exotic trees MEMORANDUM October 1, 1985 TO: FROM: Mr. Carm~n Annunziato City Planner Tom Clark City Engineer "Med First", Boynton Beach Blvd. and N.W. 7~u Street, Site Plan Comments: 1-· Bottom elevation of the detention area should ~ be shown. e A traffic survey should be made with special attention to the connection to Boynton Beach Blvd. TAC:ck Tom Clark MEMORANDUM October i, 1985 TO: Mr. Carmen S. Annunziato Director of ,Planning Humana/Med First- N. W. 2nd Ave. & N. W. 7th Street Water meter location is presently shown on-the west property line near the old easement. This water mete~,~ust be located at the east side ~ear the proposed telephone booth',in a grassed area. We a~ returning the plans. apt Attachment: .a/s above Di.rector of Utilities MEMORANDUM TO Mr. Carmen Annunziato Planning Dept. Sgt. Galbraith Police Dept. October l, 1985 Humana Medfirst TRB D- -, PLANNING DEPT. [ request a traffic study be conducted to ascertain traffic fioW Boynton Beach Blvd. to a'scertain need for right turn lane and entry drive on Boynton Beach Blvd. ! request this survey be utilized to make the entrance as 'safe as possible to both persons going to Humana and normal traffic flow on Boynton Beach Blvd. and N.W. 7th St. at this inter- section. ! feel a new plan inCludino these safety factors and the appropriate solution should be submitted. - WG:as cc: Chief Hillery 5gt. Wm. Galbraith ~ 10-1-85 MEMO/~ ,~ ~ of RICHARD S. WALKE DIRECTOR OF PUBLIC WORKS, Boynton Beach Planning Department: ~umana MedFirst project does not Concrete pad, etc. Also, access needs ~how Dumpster Location, to be shown. Rick Wa lke MW. MORANDUM 2 October 1985 · TO: Chairman a~d Members Planning a~d Zoning Board FROM: Carmen S. Annunziato, Planning Director RE: Humana MedFirst Site Plan Humedco, Inc. has submitted a site plan to construct a 3,125 square foot medical facility which is~DroDosed ta~.~be~ . . located on the south side of West Boynton Beach Boulevard approximately 100 feet east of N.W. 7th Street. ' 'Among the issues raised in the discussion of this plan ~t the Technical Review Board (TRB) meeting of October 1, 1985 was the matter of,_traffic in general and the interface of the proposed northerly driveway with West Boynton Beach Boulevard specifically. The TRB was advised by the Planning Director that the plan was .to be considered with only a one-way driveway onto Boy'ton-Beach Boulevard as the planned configuration resulted in a conflict with the parking lot regulations - 180 feet required between the inter- section of rights-of-way lines and driveways on arterials. Other issues raised which were related to traffic were as follows: 1. The direction of flow of the modified-one-way driveway. 2; The configuration of the median cut o%~West Boynton Beach Boulevard as it relates to ingress to and egress from this site and to N.W. 7th Street to the north. 3.' The proposal to construct a fast-food restaurant 'just west of this site. · 4. The need for a right-turn deceleration_'~ane. 5.The plans by DOT to reconstruct the medians in this area. 5. The impact of office traffic on the residential area to the south, and Page Two. 7. The impact of the new N.W. 8th Street/Old Boynton Road signalized intersection on traffic flow in the area. With these factors i~'mind, the TRB concluded that the site plan ~materials which were submitted needed to be supplemented by the addition of a traffic impact statement centering on the issues raised above at a minimum. Therefore, the TRB re6ommended that the Planning and Zoning Board table this request pendi~.g the submission of a traffic impact statement. /bks cc: City%Manager Technical Review Board Central File MEMORANDUM 2 October 1985 TO: FROM: Chairman and Members Planning and Zoning Board Carmen S. Annunziato Planning Director Humana MedFirst - Additional Staff Co~f, entS~ In addition to the traffic-impacts which are covered under a separate memo, please be advised of the Plannin9 Department,s comments in connection with the above referenced site plan: 1. Must provide dumpster enclosure detail for dumpster pad. 2. Parking lot'code requires sodium vapor lighting ~- mercury vapor lighting is~no~ acceptable. /lat MEMORANDUM Carmen Annunziato Planning Director . Kevin Hallahan Fores t er/Horti cult uri s t 5 Februar~ ' 86 Praxis - A.C.L.F. · Si te Plan The following items should be addressed bg the developer re- lative to the landscaping for the above project: Removal of all existing Brazillian PePper (Florida Holl~) brush trees along the South propert~ line. When all the Holl~ Trees are removed, the same area should be relandscaped to provide a visual barrier bet. ween the residents of High Point and the A.C.L.F. Bui~iding. I would recommend a combination_ of berm- ing with landscape installation similar, to the plantings along the East propertg line. The land- scaped berm should be a continuous screening along the entire South boundarg. ' KH/ad ~- TO: FROM: M E M O R A N D U M February 4, 1986 Mr. Carm~n Annunziato City Plaff~er Tom Clark City Engineer Preliminary Plat, Boynton Lakes, Pla~' No. 3B Comments: A cost estimate for the private recreation facilities is required. The cost estimate should list as line items, with definitive descriptions, all of 'those recreation facilities included in Jim Holland's letter of December 11, 1985 addressed to Carmen ~nnunziato. The size and depth of the swimming pool should be identified. J The width of the Rights-of-Way for the private streets should be shown on the plat. TAC:ck Tom C£a~ ~ ~¥.. In~lustri~clix~. . DATE:... 2/4/86 Upon review of the above mentioned site plan, be advised of the following:' 1. l~'ovisions must be made to provide required number of exits as well as not exceed the travel distance. 2. Need mor~-details on handicap parking and ramps. : BD:bh REPLY TE: SIGNED Il,sm · FL~6g © Wheeler Group Inc. 1979' THIS COPY FC)R PERSON ADDRESSED MEMORANDUM TO: DATE: Carmen Annunziato, Planning'Director February 3, 2986 SUBJECT: T.R.B. review for the 9-Bay Industrial Building b~ L.W. Mc Namara and Sons. xc: file Approval is conditioned upon the follwoing changes in the plans: 1.) Maintain accessibility to sanitary sewer.cleanout. - Also raise cleanout to proposed grade if necessary. ' 2.~ Delete proposed 1.5 "water service. Ail necessary services must be tapped dir%ctly into main, and meter yokes located near the property line. Note that there may be existing service taps that can be utilized along the front of the property. Director of Utilities MEMORANDUM FROM: Chairman and Members Planning and Zoning Board Carmen S. Annunziato Planning Director ~Industrial-Buildin~ _ 4 February, 1.986 Staff Comments to Pleasethe be advised of thed Planning Depar~ment,s comments pertaining above-reference_ request for site plan approval: 1. OffiCeregu~ationsUSe is Permittedand cannot°nly as an accessory use under the M-1 zoning occupy greater than 25% of the principal u~e as per the Standard Building Code.~ 2. ~erumzmcaues of Occupancy will only be issued for those retail uses which are specifically Permitted under the M~i zonina regulations.- ~ 3. Dumpster pad detail to be provided showing overall dimensions, 10'x10, concrete pad, and 6' concrete block wall. on 3 sides. 4. Site ontoP-a-shoulda indicate Avenue that a stop sign witI~be provided at driveway Congress or bySh°uldthe show existino stOD si~n if one has previously been provided adjacent ~e~r°Aerty-own-r 5. ~:-~ ~~gntmng details to be provided · ~ /lat CC: Carmen~ ~~ City Manager Technical Review Board Central File MEMORANDUM ! "tO Carmen Annunziato Planning Director Kevin Hallahan Fores ter/Horti cul turis t 5 Februarg '86 Nine Ba~ Industrial Building Site Plan The following comments should be included of this project: for the landscape Plan 1. The hedge material installed along' Congress Avenue must be 36" in height at the time of planting. 2. Ail interior Parking lot tkees must have five feet of clear trunk at time of planting. . ~S/ad