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Minutes 04-09-85MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 9, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Garry Winter, vice chairman Norman Gregory Ezell Hester Ronald Linkous John Pagliarulo Robert Wandelt, Alternate William Schultz, Alternate Carmen S. Annunziato, Director of Planning Tim Cannon Senior city Planner ABSENT Caesar Mauti (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, and the Recording Secretary. He requested that Robert Wandelt, Alternate Member, sit in Mr. Mauti's place, and Mr. Schultz, who was present at the meeting, was excused. Chairman Ryder read a letter from Mr~ Mauti requesting that he not be reappointed as a Member of the Board. Chairman Ryder acknowledged the presence in the audience of Mayor Nick Cassandra, Councilman James R. Warnke, Councilman Carl Zimmerman, city Manager Peter L. Cheney; Owen A. Anderson, Executive vice President, and Robert Foot, of the Greater Boynton Beach Chamber of Commerce; Kipp Friedman, Boynton Beach News Journal; and David V. Gibson, Jr., Sun Sentinel. MINUTES OF MARCH 12, 1985 Mr. Hester moved, seconded by Mr. Linkous, to approve the minutes as presented. Motion carried 7-0. ANNOUNCEMENTS Meetings to discuss Comprehensive Plan Several years ago, Mr. Annunziato said separate education apart from the administrative staff was commenced for Members of the Board. In discussions with City Manager Cheney, they are attempting to put together another program for the Local Planning Agency and the city Council, keeping in mind that in the very near future they will be involved in the review and adoption of the evaluation of an appraisal report MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 and very likely, subsequent to that, the adoption of the 1985-1986 Comprehensive Plan. They looked for professional Planning Consultants who could give an educational workshop scenario and came up with Bob Leary, who is well known in Florida and is familiar with Florida Law. Mr. Annunziato said they tentatively arrived at a two night workshop seminar for the Planning and Zoning Board, as the local Planning Agency, and the City Council, as the govern- ing body, and looked at the evenings of Wednesday, May 29 and Thursday, May 30. He suspected the meetings would last 2 or 2~ hours and would begin at 7:00 or 7:30 P. M. Shortly after that, Mr. Annunziato believed they would be moving into the public phase of the EValuation and Appraisal (E & A) Report, and it would give them the basis for the approval of those documents. Mr. Gregory asked if a drastic change in the Comprehensive Plan was projected. Mr. Annunziato did not anticipate any but said the E & A Report is required to evaluate the success or failure of implementing the elements. The plan which follows would be something altogether different. The above dates were agreeable with the Members, and Mr. Annunziato said they would receive outlines of the format. city Manager Cheney informed the Members that he and Bob Leary went to college together (Cornell), and they were close friends. City Manager Cheney said Mr. Leary is not just a professor type, and the Members will enjoy him. He told about Mr. Leary's experience and reputation. Mr. Annunziato added that Mr. Leary has an excellent educational record, and he expounded on Mr. Leary's talents. COMMUNICATIONS Letter from Denise Carter, Planner, Housing and Community Development - Set date for Special Meetinq Mr. Annunziato said Community Development (CD) was in the process of preparing the next three year Community Develop- ment plan, which is a funding plan submitted to HUD. They asked that the Local Planning Agency sit in review of the proposals for Boynton Beach prior to the City Council acting on the document. Instead of the date suggested in the letter, Mr. Annunziato said they asked that the date be changed to May 28. It could not be later than that date because the Council meets on the 4th of June. Mr. Annunziato explained that it will be a review of the document for - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 consistency with the Comprehensive Plan and recommendations to the public. Mr. Annunziato thought they were talking about 1~ to 2 hours. He knew it was three meetings in one week, three days in a row, but did not think any of the meetings should be combined. The Members agreed to the date of May 28. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS Parking Lot Variance Project Name: Agent: Owner: Location: Description: Walker, Carr, Grimes Warehouse Richard Grimes Ralph Walker, James Carr and Richard Grimes 3000 block of S. W. 14th Place Request for relief from Section 5-141(g) (8), Driveways The applicant was not present, and the overlay was light and difficult to read. Mr. Annunziato said the issues turned out to be technical. Basically, they were talking about two lots at Lawson Industrial Park located on the east side of 14th Place. The applicant was requesting a variance to one of the require- ments in the parking lot regulations which limits the number of curb cuts to two per property, or in some instances, two per lot. Because in next month's meeting, the applicant will be requesting permission to construct a "U" shaped building with two east/west driveways and one n~h-south driveway forming the "U", he is penalized for ha~'-ng a plan which separates the employee traffic from the customer traffic. A parking lot is within the "U" formed by the building and the street with one means of ingress and egress, and there is ingress and egress to the back sides of the buildings at the north and south. The Technical Review Board recommended that this be approved because the applicant could develop the lots singularly and have two curb cuts per lot. By combining the lots, the applicant technically lost two curb cuts. In that regard, - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Annunziato provided a copy of a memo to the Members, which he said was required to be made a part of the record. A copy of Mr. Annunziato's memo of March 27, 1985 is attached and made a part of these minutes. chairman Ryder asked if anyone wished to speak in favor or in opposition to the variance and received no response. THE PUBLIC HEARING WAS CLOSED. Mr. Linkous moved to grant the request, seconded by Mr. Pagliarulo. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: Ganesh Day Care Center Ken Carlson, Architect Palm Beach Agricultural Consultants, Inc. 2304 South Seacrest Boulevard Request for relief from Section 5-141(g) (3), Driveways Mr. Annunziato said this is the first of two public hearings dealing with the Ganesh Day Care Center located on 22nd Avenue south of the east side of Seacrest Boulevard. It is a lot currently occupied by a house, which is proposed to be reconstructed internally and externally to provide for a day care center. As part of the reconstruction, the appli- cant would be required to meet the parking lot regulations. In this instance, he could not meet the parking lot regula- tions and still have the driveway on Seacrest Boulevard because he does not have the required 180 feet of width from the intersection rights-of-way lines. The plan before the Members was a driveway somewhat south of the center of the lot on Seacrest Boulevard. The Technical Review Board (TRB) recommended that the variance be denied for the reason that the driveway on Seacrest Boulevard should be shifted further southward and made one way, and the parking on site should be made parallel or angle, which would allow for a smoother flow of traffic and provide for less congestion backing up on Seacrest. With children, it is important to have traffic moving smoothly and efficiently onto the site and exiting where it is safe. Chairman Ryder asked if the driveway shown on Seacrest was south of the existing one. Ken Carlson, Architect, Archi- tects Studio, 26 Coral Place Center, Oakland Park Boulevard, Fort Lauderdale, Florida, said the first "go around" showed the southerly driveway, and he confirmed Chairman Ryder's statement that the TRB recommended moving it south. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Annunziato referred to his memorandum dated March 27, 1985, which recommended that the application be denied, the applicant resubmit plans showing the driveway located as far south as possible, and that the traffic flow on site be made more efficient by being made one way, which would provide fOr a smoother flow of traffic both at the periphery and on site. Mr. Wandelt asked how far south it would be. Mr. Annunziato replied as close to the south property line as is reasonable. Mr. Wandelt asked what it would equal. Mr. Annunziato answered, "About 30 feet." He informed Mr. Linkous it would change the configuration of the parking. With one way traffic, Mr. Annunziato said you would not have the congestion. He called attention to the proposed plan and said the two spaces located in the southwest corner have to back across the driveway or perhaps onto Seacrest in order to turn around and progress to the northeast to exit the site. That blocks traffic turning in and causes congestion. Chairman Ryder observed this was only 1/4 of an acre and said there was not much room for the parking, access and area that is needed for the facility itself. There was discussion. Mr. Carlson received the comments last Friday and said he approached the project with the comments in mind. He showed how they are routing the driveway through the southern sec- tion of the site. Mr. Carlson assured Chairman Ryder that was for the entrance only and an exit would be on 22nd. They will have about 35 feet of stackable area before making a turn, run parallel with the building, and the drop off for the children will be on the north side. Mr. Annunziato had seen the plan and discussed it with Mr. Carlson. He thought it met the intent of what the TRB suggested but said he was not there to sit in response to seven or eight other staff members. Chairman Ryder asked what Mr. Annunziato would suggest because the Board had to consider the development itself. Rather than deny this and readvertise the variance, Mr. Annunziato said it was possible just to complete the public hearing aspect of the review and then postpone or table the parking lot variance until the next meeting if they would have a positive recommendation from the Technical Review Board as to the proposed traffic flow. Mr. Wandelt pointed out that the Technical Review Board stated that if they move it further south, they would then approve it. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Chairman Ryder called attention to Mr. Annunziato's comment with regard to whether the parking should be parallel or angle. Mr. Annunziato commented that it looked like it would do well with parallel parking. Mr. Carlson said he maintained the Code requirement for a 12 foot travel aisle with the parking spaces parallel. He then went into an 18 foot wide lane just for the drop off area itself. If a car is parked to drop someone off, Chairman Ryder asked if another car could still get by. Mr. Carlson said a car could swing the radius. Chairman Ryder thought the Board should follow Mr. Annunziato's suggestion and give the TRB a chance to look at it because the picture would change somewhat, not only from the stand- point of the parking variance, but they should give the facility itself general consideration. Mr. Carlson explained that they reduced the size of the throat coming in to accommodate one way traffic, and they did the same thing on the egress. After discussion, Chairman Ryder advised the Members that they were to postpone so that the TRB could look at the plan. The applicant could come in next time for the hearing of the variance and then they could consider the facility. Mr. Annunziato informed Mr. Linkous that it will not cost the applicant another $200 and would save advertising the appli- cation. Chairman Ryder asked if anyone else wished to speak in favor of the request. Mr. Wandelt asked why they were not approving this when the applicant did everything the TRB requested. Mr. Annunziato explained what would have to be done and what would have to be analyzed by staff. He reiterated that he was not pre- pared to make all of the comments for the other TRB Members, and it should go back to them for review. Dr. Selva Ganesh came forward to say they will only have 30 students, but they will not be there all of the time. Some will be there for half a day, two days a Week. Some will be there five days a week, maybe for eight hours. A nurse will drop her kids off at 6:45 A. M. and come back at 3:30 P.M. Dr. Ganesh thought 15 or 16 kids would probably be there at a time. The total number of kids for the whole week or month will only be 15. Kids will be dropped at different times. People will not park and stay there for 15 and 30 minutes. They will just - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 come in and pick up their kids. It is not like a school where they all start school at the same time and leave at the same time. Dr. Ganesh said they only intend to use this school for a period of two years. He said there are only two day care centers that are really good in this area, and both of them have a waiting list, which is the reason for them doing this. Financially, Dr. Ganesh said it will be a total loss for two years. Chairman Ryder asked if anyone else wished to speak in favor. Robert Foot, 2400 S. W. 1st Street, lives directly across the street from a nursery and is very familiar with the traffic pattern there. He appreciated the design he saw here. Mr. Foot asked the Board Members to recall that he was not in favor of the rezoning of the strip on Seacrest. He was concerned about the use of it for additional offices and business properties when there is a tremendous amount of office space in the community. To Mr. Foot, this was a good use for that corner. He wished to address this again when they got to the Conditional Use. Chairman Ryder asked if anyone wished to speak in opposition to the request. Anthony Mignano, 617 S. W. 4th Avenue, said when they re- zoned, they rezoned it for a medical center or offices because the traffic on that street is very bad from 7:30 in the morning until 10:00 at night. For the safety of the kids, Mr. Mignano did not believe there should be a nursery there. Chairman Ryder said Mr. Mignano was talking about Seacrest Boulevard. Mr. Mignano said he was very much against the center. Mr. Mignano asked how far the parking spaces would be from his lot, and he wondered if they would be against his prop- erty line, which is to the south. Mr. Annunziato answered it would be five feet. Mr. Mignano inquired whether there would be a fence or if it would be wide open. Mr. Carlson replied that from Seacrest east about 50 or 60 feet, there will be hedge material about three feet high with several trees along there. Mr. Mignano wanted to know who would stop the kids from coming on his side of the line. Mr. Carlson said the front area of the building is basically for traffic. As soon as the kids are dropped off, they are sent through a gate, and it is enclosed with a five foot high solid masonry wall on the back and the front. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Carlson showed Mr. Mignano where the hedge material and stucco wall would be next to his property. Mr. Mignano exclaimed that he will be looking at a new stucco wall. Mr. Carlson continued that the wall comes around, and there is a four foot high fence with a gate. Once the children go through the gate, they are enclosed in the only area they are allowed to be in. They are behind a five foot high barrier. There was discussion about where the children will be dropped off and where the teachers would be. Mr. Carlson said there will be three Instructors in the building (one Director and two Aides). Mr. Mignano asked what time they would open in the morning. Mr. Carlson replied that the owner is suggesting 6:00 A. M. Mr. Mignano asked how they expect people to sleep if they are going to start making noise at 6:00 A. M. He adamantly objected, saying they did not want the kids but want offices or doctors because the doctors would open at 8:00 or 9:00 in the morning and close at 4:00 or 5:00 P. M. Mr. Mignano vehemently expressed that they do not want noise at 6:00 A. M. Mr. Carlson explained that the wall would act as a sound barrier. Mr. Mignano disagreed, saying people will be sleeping five feet from the hedge, and will hear the cars. Mr. Wandelt referred to all of the traffic on Seacrest, but Mr. Mignano argued that they do not stop and open and close their car doors. Mr. Annunziato called attention to the fact that they were talking about the parking lot variance. Mr. Foot commented that his wife successfully sleeps until 7:30 in the morning, and they do not have a masonry wall. He said this is a business of the applicants and by delaying this, the Board was costing the applicants money. Mr. Foot asked if the Board had the power to approve something on a contingent basis, contingent upon the approval of the TRB subsequently. He was speaking only as an individual business person. Chairman Ryder reiterated that, as Mr. Annunziato suggested, the TRB should have a chance to look at it. He said the new plan would help, but he thought it was advisable that the Board postpone the application. Mr. Linkous commented that the applicant obviously met the TRB's recommendations. However, there would be extenuating circumstances with regard to the dumpster, which staff did - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 not have time to consider. Although he could see no reason why the request should not be granted, if the applicant met those conditions, Mr. Linkous moved that the application be TABLED, seconded by Mr. Hester. Motion carried 6-1 with Mr. Wandelt voting against the motion. CONDITIONAL USE Project Name: Tiny Scholar Nursery School Agent: Ken Carlson, Architect Owner: Palm Beach Agricultural Consultants, Inc. Location: 2304 South Seacrest Boulevard Description: Request for Conditional Use Approval to con- vert an existing house into a day care center to serve a maximum of 32 children, ages 2 through 5 Mr. Cannon referred to the memorandum dated April 3, 1985, from the Planning Department, recommending against granting of the conditional use primarily because of the unsolved issues of access to the site and parking at the site. Mr. Cannon referred to the ten conditions in the Zoning Ordinance which a Conditional Use is supposed to meet (pages 2 through 4 of the memorandum). The first two conditions primarily concerned the parking lot. With reference to the third condition, Mr. Cannon was informed by Mr. Carlson that the dumpster would be located in the same location because they did not want to back up any traffic coming through off of Seacrest because of the large truck and manuever. Mr. Cannon explained that there was something of a dilemna in regard to the location of the dumpster, and he read from page 3 of the memo. Mr. Cannon read the fourth condition and referred to the memo dated March 22 from the Director of Utilities. He said the applicant had already addressed the fifth condition. Apparently, the applicant was in complete agreement with the TRB's recommendation of solid material, at least five feet high, to screen the play area. Mr. Cannon read the remaining conditions and the three Comprehensive Plan Policies relevant to the application. The third condition was, "Provide for safe and efficient movement within the City." Mr. Cannon said staff did have some concerns about traffic backing up onto Seacrest but, apparently, the applicant feels the configuration can be changed to eliminate that problem and provide parking which will meet the Parking Lot Ordinance. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 At the time the TRB reviewed the plan, the Planning Depart- ment was uncertain whether it was physically possible to provide parking in an access lane that met the dimensions of the Parking Lot Code but, apparently, the applicant has a design that meets the Code, so Mr. Cannon said probably the Planning Department's objection in that respect and also to the Conditional Use would be removed. Chairman Ryder called attention to the "Conclusion" on page 5 of the memorandum and read, "It appears that the site is not large enough to accommodate the required parking and provide safe access to the site." The Board went over this with regard to the parking variance. Chairman Ryder said it pointed to the fact it would be well to postpone this Conditional Use because it related to what may happen with regard to this change. From the beginning, Chairman Ryder felt the property was not large enough for what they want to do there. He thought it merited consideration by the TRB and this Board as well. Mr. Carlson agreed that it all stemmed on the review of the TRB with reference to the two items they tried to address. Mr. Annunziato thought they should continue to conduct the hearing, set the hearing issues aside~ and then it should be tabled and treated at the same time the Board acts on the Parking Lot Variance. Mr. Carlson wanted to address any other suggestive adjust- ments or comments that might be made so they would have time to make it to a meeting. Mr. Linkous wondered if the Board could address the issue because it seemed to him that all ten of the items were not in conflict with what they had to approve. It seemed to him that the only objectionable thing would be the TRB's recommendation, which the applicant adhered to. Chairman Ryder did not feel this represented an official presentation. He ~hought it was wise on the part of the applicant to come J.n because he knew what the concern was. Chairman Ryder did not see what the Board would be saving by not going through ~he TRB in both instances. Mr. Linkous called attention to the applicant's concern, expense, and the configuration he had which was what the TRB recommended. As far as he could see, the only thing the applicant was asking for was an approval whereby they could put it in, providing those measures were met. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Pagliarulo asked if the Board would be out of order if they approved it, subject to the TRB's review. Chairman Ryder thought they would because they did not act on the parking variance. Mr. Wandelt argued that they were two different issues. Chairman Ryder advised that the parking variance preceded this, and it would not be considered by the Council. The Board would have the final say on it. He thought it would be improper to act on this without making a decision on the parking variance. Mr. Annunziato advised that there was not an approved site right now because the site was in conflict with the regula- lations of the city. If the Board was to approve the Conditional Use, it would seem that they would be predeter- mining the approval of the outcome of the variance procedure and the parking lot regulation. It seemed to Mr. Annunziato that the two should go together. He pointed out that the TRB might find irreconcilable problems with the plan. Mr. Linkous commented that if the TRB recommends that it is not compatible safetywise, that would preclude any ruling whatsoever. Mr. Annunziato said the TRB had not looked at the site plan which Mr. Carlson prepared over the weekend. No one had checked the turning radii, access to the dumpster, the drainage, site lighting, and backup areas where the garage is. There still may be problems with the plan. Therefore, Mr. Annunziato said that would impact on the Conditional Use. For example, if there are irreconcilable problems on the parking lot variance and the TRB still cannot offer a positive recommendation, it did not mean the Board could not approve it, but Mr. Annunziato said the Board would also find that the problems are not reconcilable. Chairman Ryder thought it was clear that they had to keep them both together. Mr. Gregory moved to table the Conditional Use. Mr. Annunziato did not know if there were other people who would want to be heard but said it was up to the Board. Chairman Ryder thought they were at the point to have that motion because they heard enough in both instances and were taking definitive action. Mr. Annunziato asked if Chairman Ryder would be conducting a public hearing at the next meeting on this issue. Chairman Ryder replied affirmatively. Mr. Wandelt moved to continue the hearing at the next regu- larly scheduled meeting on May 14, 1985 at 7:30 P. M. Mr. Hester seconded the motion, and the motion carried 7-0. - 11 - MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACh{, FLORIDA APRIL 9, 1985 SUBDIVISIONS Master Plans Project Name: Agent: Owner: Location: Description: The Landings Rick Rossi, P.E. The Landings Apartments, Ltd. Southwest Congress Boulevard at Congress Avenue, northwest corner Request for approval of the subdivision master plan which provides for the construc- tion of 384 units on 53~ acres At last month's meeting, Mr. Annunziato said the Board approved the pre-application for The Landings, which is a rental housing project to be located on the west side of Congress Avenue. North of the project is the Stonehaven Planned unit DevelOpment (PUD), to the south is the Lakes of Tara PUD, an~%to the west is vacant, undeveloped land. Congress Avenue is to the east. Access to the site is from S. W. Congress Boulevard. Based on an action taken by the Board last month, the access to Congress was removed. There are now two points of access to the property, and both are off of S. W. Congress Boulevard. The two access ways are lined center line to center line with the streets proposed to the south. Mr. Annunziato read the staff comments from the Building, Engineering, Utility, and Public Works Departments. Mr. Annunziato said there is a 16 inch water main on the east, and on the south there is a sewer force main with a lift station already installed to the west. A 10 inch water main winds its way through Lakes of Tara. In terms of water, the development will tie onto the water main at the eastern entrance to the project. At the western entrance to the project, there will be loop lines through the project that will tie again in the northeasterly corner. Mr. Annunziato said the Technical Review Board recommended that the master plan be approved, subject to staff comments. Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., Forum III - Suite 407, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-2179, reviewed the comments from the staff and agreed with them. He said they will incorporate them on the final site plan as they did~with the preliminary plat. Chairman Ryder asked if they would have any physical separa- tion between The Landings and Stonehaven at the northerly - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 end. Mr. Rossi replied that it will be landscaped. He called attention to the plan, which keeps the buildings at a considerable distance from the north property line. Mr. Rossi imagined the final plan would have a landscaping plan. He saw no problem. Mr. Linkous moved to approve the master plan, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Boynton Lakes PUD master plan modification James Holland Lennar Homes, Inc. Boynton Lakes Boulevard, east side Request to modify the approved PUD master plan to permit 24 single family detached, zero lot line dwelling units in lieu of a like number of attached units Mr. Annunziato read his memorandum dated March 28, 1985, addressed to Peter L. Cheney, city Manager, and the letter from James H. Holland, AICP, Director of Land Planning, Lennar Homes, 700 N. W. 107th Avenue, Miami, Florida 33172, dated March 18, 1985, where he requested that they be permitted to change from 24 attached single family town- houses to 24 zero lot line single family units. Mr. Annunziato said a setback configuration is also being pro- posed. He also called attention to the memo from Bob Donovan, Chief Plans Review Examiner, Building Department, dated March 27, 1985. It was staff's recommendation that the master plan be approved, subject to the memo from the Building Department. Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., Forum III - Suite 407, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-2179, said they are the Engineers on the project and he would try to answer any questions. Mr. Linkous moved to approve the master plan, subject to ~he staff comment. Mr. Wandelt seconded the motionr and the motion carried 7-0. SITE PLANS Project Name: Agent: Owner: Boynton Lakes PUD, Tract O, recreation Plan, site identification and landscaping James Holland Lennar Homes, Inc. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Location: Description: Congress Avenue north of L-19 Canal and south of L-18 Canal Request for site plan approval to construct Tract 0 private recreation amenities, project identification walls and signs and project landscaping Mr. Cannon said this is the second private recreation area for the Boynton Lakes PUD. Recreation area %1 lies to the south, along Boynton Lakes PUD in Plat %1. Boynton Lakes Boulevard goes along the east side of the property. Mr. Cannon said this is a site plan for both the recreation area and the entrance feature and landscaping along Chesterfield Drive and also Boynton Lakes Boulevard. In the recreation area was a 1,485 square foot swimming pool, a 600 square foot cabana, a fenced playground of approxi- mately 1,359 feet, and four shelters with barbeque grills to the south. There will be an open play field to the east. Mr. Cannon read the staff comments from the Building Depart- ment and the Energy Coordinator. Mr. Andrew Witkin, Architect, Lennar Homes, Inc., 700 N. W. 107th Avenue, Miami, Florida 33172, said they would adhere to all staff comments, and he saw no problems with them. Mr. Gregory asked if the open play field would be an improved field. Mr. Witkin said it would be left to nature and be an area for open, active games, more than anything. The existing area will be grassed. When Mr. Witkin said, "left to nature", Mr. Annunziato wondered if it would be sodded and sprinkled. Mr. Witkin replied that it will be sodded and maintained. Mr. Linkous moved to approve the site plan, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. Project Name: Lakes of Tara Private Recreation Agent: Barry Barson Owner: Coral Gables Federal Savings & Loan Location: Tract E, Lakes of Tara PUD unit %1 Description: Request for site plan approval to construct private recreation facilities consistent with a previously approved master plan Mr. Cannon said the location is at the western extreme of the first plat of Lakes of Tara PUD, which would put it 14 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 approximately in the center of the PUD. It comprises .45 acres altogether. The recreation facilities that were required were specified in the master plan. There will be an 800 square foot swimming pool, a 1,200 square foot CBS clubhouse, and 30 parking spaces which met the parking requirements. One additional recreation facility was not on the site plan, and Mr. Cannon said it will be located on the second plan. Mr. Cannon showed the western boundary of the site plan and said the tennis courts would have to be constructed as part of the second plat. He read the staff comments from the Building and Utility Departments and the Energy Coordinator. Mr. Barry Barson, Agent, 199 South Congress Avenue, Boynton Beach, said they will do whatever the Board suggests. He had no problem with the staff comments. Mr. Wandelt moved, seconded by Mr. Gregory, to approve the site plan, subject to staff comments. Project Name: Chalet IV at Boynton Phase I, Melear PUD Agent: Russell Scott Owner Chalet IV Location: Miner Road at Congress Avenue, southeast corner Description: Request for site plan approval to construct Phase I at the Melear PUD consisting of 144 townhouse units Mr. Cannon said this was the site plan for the eastern 1/2 of the first phase of the Melear PUD. The entire parcel comprises approximately the northeastern quadrant of the Melear PUD, and the phase is bisected by a large proposed lake. The site plan was for the property which lies between that lake on the west and Congress Avenue on the east. Along the northern side of the property is a 3 acre public land dedication now owned by the City. North of that is the right-of-way for Miner Road, which has been dedicated and would have to be built to the collector road as part of this first phase. South is the collector road that would serve the subdivision. Mr. Cannon said there would be one entrance off of that collector road, and there is a driveway which winds back through the apartment complex. Mr. Cannon pointed to the parking lots coming off of the main drive. The drive terminates in a cul-de-sac at the north end. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Ail of the townhouses are two bedroom units. They will be two story quadraplex buildings of concrete and stucco con- struction with mansard type roofs and will be the same. The courtyard provided for each dwelling unit requires the dump- ster locations. The dumpsters will be located in the center of each parking lot, although some of the dumpster locations may have to be reoriented. There is a 40 foot minimum set- back around the perimeter of the property, and Mr. Cannon believed it was showing a 50 foot setback on the east, abutting Congress Avenue. With regard to the utility and also the drainage plans, Mr. Cannon said it is anticipated that the prelimary plat will be submitted to the Planning and Zoning Board by either next month or shortly thereafter. The water, sewer, and drainage plan were sufficient at this point for the site plan to go forward. Mr. Cannon said the sewer runs through an 8 inch line. He indicated the location of the lift station. There are 20 inch mains existing on Miner Road for water, and a ten inch main will be built in the collector. Two six inch water lines will run through the subdivision, and drainage will be by storm sewer to the lake, which lies west. Recreation facilities will be built as part of the first phase. Mr. Cannon read. the staff comments from the Engineer- ing, Utility, Recreation and Parks, and Building Departments. Chairman Ryder recalled that the initial presentation of the Melear PUD considered a provision for a future fire fighting facility, which was the reason for the public land dedica- tion, and also a facility for water storage. Chairman Ryder asked if that would take place. Mr. Annunziato replied that it would not be at the applicant's expense, but the land had already been dedicated. Russell C. Scott and Mr. Winston Lee, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 600, West Palm Beach, appeared as Agents for the applicant. Mr. Scott said they reviewed the staff comments and they would be taken care of in the preparation of the preliminary plat. Mr. Annunziato asked if the applicant intended to provide future owners of the facilities the ability to screen in their courtyards. Mr. Scott said it was discussed and the feeling right now was they would not. However, it was his understanding, due to the layout of the buildings, that it would be allowed under the existing setbacks for structures. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Annunziato suggested that it be shown as an option with the site plan. It would relieve the applicant of the necessity to come back to get an approval in the future and would not necessarily have to be built at any time. Mr. Scott appreciated the suggestion and said they would take care of it. Mr. Scott said it may be controlled by the rules the Homeowners' Association adopt that may prohibit this, but the decision had not yet been made. Mr. Annunziato referred to an 80 foot road that functions as a collector and said they were suggesting that it be public. Mr. Linkous moved, seconded by Mr. Pagliarulo, to approve the site plan, subject to staff comments. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: The Lord's Place Apartments Craig R. Livingston, President Siteworks, Inc. The Lord's Place East side of N. E. 4th Street, north of N. E. 15th Avenue Request for site plan approval to construct 11 two bedroom apartments on 2.34 acres Chairman Ryder informed the Members that is just north of Scobee-Combs Funeral Home and is between N. E. 4th Street and the railroad. Mr. Cannon said the funeral home occupies the property along the south and is zoned C-2. To the west is N. E. 4th Street and a single family zoned area. The parcel itself is zoned R-3 multiple family. To the east are the FEC Railroad tracks. Mr. Cannon said there will be two buildings. He pointed to a one story apartment building of CBS construction. In the center of the two buildings is a courtyard, which will have entrances on the western end of the building, an admini- stration office and a storage room for the apartment build- ing. Further to the west is the parking lot with 24 spaces. 22 spaces are required by Code. There will be 2 parking spaces per dwelling unit. The site plan showed that the parking lot was in conformance with the Landscape Code. At this time, the south will be undeveloped, although under the Land Use Plan, the applicant could potentially put up to 23 dwelling units. They are only showing 11 dwelling units. Mr. Cannon showed an existing dwelling unit which will remain. Mr. Cannon read the staff comments from the Building, Engineering, and Utilities Department and from the Special Project and Energy Control officer. 17 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Craig R. Livingston, President, Siteworks, Inc., Archi- tects and Planners, Suite 107, 639 East Ocean Avenue, Boynton Beach, Florida 33435, had no problem with the staff comments. He confirmed Chairman Ryder's statement that the southerly area would not be developed at this time. He said there are extensive pines along the west and north property lines and an existing driveway that goes around the south side. There is an existing shed they will tear down, and they will clean up the parcel to the south. Right now, it will remain in the natural state. Chairman Ryder asked if it was enclosed. Mr. Livingston replied that there is a security gate on the west and east sides of the building so that only residents can get in and out with their keys. It is just to the south of the Four Seasons, and there is existing landscaping. Mr. Livingston said they are proposing landscaping between the two build- ings as a visual buffer. Mr. Hester asked if the apartments are to be used by people that are homeless. Mr. Livingston answered affirmatively. Mr~ Linkous referred to the design and asked if they would get a lot of noise from the railroad and if it would be detrimental to the people. Mr. Livingston said they pro- vided a solid wall to the east as a sound barrier and will put extensive planting on the east side to separate it from the railroad track and cut down the noise, vice Chairman Winter informed Chairman Ryder that the train whistles do not blow between 10:00 P. M. and 6:00 A. M. Wilda Searcy, 402 N. E. 13th Avenue, wanted to know who would be living in "those places" and whether they would be temporary or permanent residents. Mr. Livingston replied that they would be temporary. Mrs. Searcy asked if they were people off the street. Mr. Annunziato informed her th!at they would be families. Mrs. Searcy wondered if they would be temporary places for Community Development people until their houses could be fixed up. Mrs. Searcy did not know what the purpose of the program was. Mr. Livingston explained that it is a temporary facility for families, most of whom are in our community and evicted. They would stay there six weeks. Brother Joseph Ranieri, Director, The Lords Place, P. O. Box 7117, West Palm Beach, Florida 33405, said it is an economic rehabilitation type program. The families are selected and must work while they are there and open up savings accounts. Brother Joe said 75% of their salaries is put into the account, and 25% of their pay check is given back to them. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 They receive all of the basics and at the end of six weeks, they usually accumulate between $800 to $1,200 which enables them to get resituated. They are totally families. Brother Joe said the shelter they have in West Palm Beach is the only family shelter that has a program of this type in the United States. They have had approximately 300 families stay at the shelter. The County is very familiar with it, and they have received funding from the County. Families are referred to them from the American Red Cross, a Judge, or any Agency in or out of the community. Mr. Linkous asked if the people who are moving in have homes but their homes are being rehabilitated under the Housing Urban Development program. Brother Joe answered that their homes are not being rehabilitated. Most of the people are evicted for one reason or another, and The Lord's Place puts them up for a period of time in order for them to rehabili- tate themselves. That was what Mrs. Searcy wanted to know. Brother Joe said he would give Mrs. Searcy one of his brochures, which explains the program. Mr. Linkous moved, seconded by Mr. Pagliarulo, to approve the site plan. Motion carried 7-0. Project Name: Boynton Distribution Center/Access Cable tower and dish antenna Agent: Leonard Gregory Owner: Boynton Distribution Center Associates, a Florida General Partnership Location: East of High Ridge Road, south of Commerce Park Drive Description: Request for a modification to the approved Boynton Distribution Center site plan to provide for the construction of a 45 foot receiving antenna and a 5 meter dish antenna Mr. Cannon presented the site plan. 1-95 lies to the east, and to the south of the property is the Boynton Beach Park of Commerce. At the northern end of the property is the Miner Road right-of-way and further to the north is High Ridge Commerce Park. Mr. Cannon said the applicant is proposing to allow a 45 foot receiving tower and a 30 foot height satellite dish. The dish will be about 60 feet in diameter. The tower and satellite antenna will be located on the south side of Building D, close to the southern boundary of the Center. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Cannon read the only staff comment, which was from the Building Department. Chairman Ryder remarked that this is in the M-1 area. Leonard Gregory, General Manager, Access Cable, 2000 Glades Road, 9206, Boca Raton, Florida 33431, believed everything he submitted was self-explanatory but said he would be glad to answer questions. Chairman Ryder asked what would eventually come here and if it would just be the receiving antenna and the dish. Mr. Gregory confirmed Chairman Ryder's statement that this was all that was being considered at this time. He informed Chairman Ryder that Boynton Distribution Center Associates are the owners of the distribution center. Access Cable will own the immediate property where the distribution center is located. Chairman Ryder questioned whether this had been before the Board before. Mr. Annunziato replied that the distribution center had been, but Access Cable had not. Access Cable has a franchise to deliver cable TV in the city, and this would be their facility and office. Mr. Linkous asked if this would be comparable to Group W. Mr. Gregory answered that it will be. They primarily will serve the western part of the City, such as Banyan Tree and Boynton Lakes. Mr. Annunziato advised that the issue of franchise was addressed by Council and was granted. The Board was to deal with the modification to approve site plans for the installa- tion of the 45 foot high tower and the receiving dish. Mr. Linkous moved to approve the site plans, subject to the staff comment. Mr. Hester seconded the motion, and the motion carried 7-0. OTHER Consistency Review: Request for a determination of con- sistency with the adopted Comprehensive Plan for the proposed Planned Commercial DistriCt zoning regulations Some months ago in connection with an annexation request which was submitted by Alan Ciklin, Attorney for Mr. Singer, it was suggested that the city have on the books an oppor- tunity for people to annex commercial property under a set of district regulations, which gave the Planning and Zoning Board and the City Council an opportunity to impact on the land development decision with knowledge as to what will be - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 proposed to be constructed on site, as opposed to dealing with the request for a blanket zoning category where there is no predetermined knowledge as to the outcome of the event. Mr. Annunziato said it was suggested to the City Council that staff be instructed to prepare some planned commercial development zoning regulations, which Council did. The Members had copies of a set of proposed regulations which provide for planned commercial developments. Chairman Ryder asked how this differed from Planned Indus- trial Developments (PID). Mr. Annunziato replied that PIDs are generally for industrial office uses. Mr. Linkous noted there was a minimum of five acres. Chairman Ryder asked if the Promenade of Boynton Beach would be in this category. Mr. Annunziato replied that it could have been. If it had sought annexation into the city today and these regulations had been on the books, the applicant could have submitted a detailed master plan as to the numbers of square feet, building locations, uses, sizes, access, etc. That, in the manner of a PUD or PID, would predetermine what the person could build in the terms of plat and site plans, and Mr. Annunziato explained. Mr. Annunziato advised Mr. Linkous that this does not amend the C-3 but is an addition to the C-3. If someone was anticipating a rezoning from any category in the city to a commercial zone, Mr. Annunziato thought it would be incumbent upon the Board, Council, and staff to suggest that to overcome some of the negative aspects of the request, the request be submitted in planned form so that the ques- tions related to site criteria could be answered before the Council could entertain a positive action. Mr. Annunziato clarified that this would be required for submission at the time the zoning was reviewed, as opposed to the way it is now, where they just submit a request for zoning. He said it was something the Board should talk about. Reviewing these will be like reviewing a PUD. There will be drainage plans, intergovernmental coordination involved, and public hearings. Mr. Annunziato said the question would be how many of these the Board wanted to get involved with. The smaller the acreage, the more the Board will be involved, and the larger the acreage, the fewer. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH~ FLORIDA APRIL 9, 1985 Page 10 13. Changes in Plans Mr. Annunziato said the current system involves the determin- ation by Council as to the degree of change. They attempted to make it a quantifiable measure. He called attention to the 10% factor they used for traffic impacts, water used, and sewage or drainage generated. If they exceed 10%, Mr. Annunziato said they are subject to a new zoning request and will go through the entire process and back to Council. If it is less than a 10% impact, they are going to relieve the Council of making that decision and put it in the pur- view of the Planning and Zoning Board to make the decision. With any change, mitigation has to occur, and Mr. Annunziato said the applicant can appeal the Board's interpretation to the Council. Page 11 Mr. Annunziato said the intent of this Section is to relieve the Council of some of the decisions they have to make, based on immeasurable impacts, and to allow the Planning and Zoning Board to do what they end up doing in the approval of master plan modifications anyhow. Mr. Annunziato was sure the Council would want to discuss this new process and evaluate it. It seemed to Mr. Linkous that there was a lot of material to discuss, and he wondered if there should be a workshop on it. There was discussion about the agenda for the next meeting. Mr. Gregory asked if this would just affect new development or if it could affect existing development if someone wanted to come in with a modified plan. If someone wanted to intensify a use under an existing commercial zoned property, Mr. Annunziato thought it would not be unreasonable for the Board to say they would get a more favorable consideration if they came back as a planned commercial district. There would be nothing to prevent someone requesting rezoning from C-3 to a planned commercial district. Mr. Annunziato concluded by saying it gives the Board and Council a stronger position in the approval of the plan. Mr. Gregory moved, seconded by Mr. Linkous, to TABLE the Consistency Review. Motion carried 7-0. - 22- MINUTES- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Request on the part of the owners of the Boynton Commercenter to expand the list of permitted uses in the Commercenter Planned Industrial Development (PID) Mr. Cannon showed the master plans for the PID. Woolbright Road runs along the north side of the property. To the West of the property is the E-4 Canal and west of that is Leisureville. To the east of the property is 1-95, and Golf Road runs along the south side of the property. Mr. Cannon said there are uses other than industrial pro- posed here. There are five warehouse buildings at the southern part of the PID. Four office buildings were approved in a separate site plan. The list of uses the applicant was proposing would not apply to the office build- ings. Mr. Cannon referred to the memorandum addressed to the Board from Mr. Annunziato and said a rather restricted list of permitted uses for the Boynton Commercenter was approved by the Planning and Zoning Board in July of 1984. The Planning Department envisioned a high quality, highly technical office park, warehouse type of environment. The comment the Planning Department had with regard to the uses was whether the applicant was trying to change his concept for the PID from a high tech office and warehouse park to a general industrial classification. With respect to uses, the applicant was asking for a change in four areas (Retail, Contractors, Manufacturing, and Office). Mr. Cannon read the memorandum. Chairman Ryder agreed they should know more about the manu- facturing use because the property is adjacent to a resi- dential area. He said there has been talk about the hotel. If it was in an out parcel, they would have to consider it too. Mr. Annunziato confirmed that it is in an out parcel. Chairman Ryder presumed the manufacturing would take place in the southerly end. When the PID regulations were first proposed, Mr. Annunziato said it was very clear what the intent would be with respect to uses like an electrical firm, an office building, or some kind of manufacturer who came in and developed the site and you knew who you were dealing with. What has happened is the applicant has built buildings with no predetermined outcome of who would lease the buildings. Now he is trying to build buildings as fast as he can. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1985 Mr. Annunziato said they were dealing with property in proximity to residential property. He stated that he would not support contractors' yards with storage of trucks, construction equipment, and the like. There was more discussion. Mr. Annunziato believed the Planning Department's recommen- dation was to table and have the developer resubmit a list which is more specific and that would not include some of the uses he was requesting. Mr. Linkous movd to TABLE and to have the developer resubmit a list which is more specific and that would not include some of the uses he was requesting. Mr. Gregory seconded the motion, and the motion carried 7-0. Mr. Wandelt thought the Board Members should be very emphatic about the parking of trucks and equipment outside of the buildings because it can be seen from both overpasses of 1-95. Appointment of Members Councilman Ryder informed the Members that from now on, there will be staggered terms (3 years, 2 years, and 1 year.) In retrospect, he thought the Board had a very busy year and witnessed an unusual degree of substantial growth. Chairman Ryder wished the Members the best of luck. The Members expressed their pleasure in working with the Chair- man. Chairman Ryder praised the city staff for being supportive and giving the Members the direction they needed. He did not think he could speak too highly of their support. chairman Ryder also complimented the Recording Secretary. Mr. Annunziato stated that the TRB gets the feeling they are working in partnership with the Planning and zoning Board and the City Council. They feel everybody is working towards the same end and their comments are not falling on deaf ears. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:50 P. M. - 24- MEMORANDUM 27 March 1985 TO: Chairman and Members Planning and zoning Board FROM: Carmen S. Annunziato ~lanning Director GRI~S W~REHOUSE - PARKING LOT ORDINANCE VARIANCE REQUEST 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 recommendation forw~_~-d, ed is to be made a part of the public hearing proceedings. To that end, this memo is forwarded, c~nsistent with 5-144(c) (4). Richard Grimes has applied for a variance to Section 5-141(g) (8), Driveways which requires that no more than two driveways shall be permitted from any property onto any public or private right-of-way° The reasons for requesting this variance are enumerated in the attached application. On Tuesday, March 26, 1985 the Technical Review Board met to review plans and to formulate a recommendation with respect to the re- quested variance. After review and discussion, the TRB recommended that the variance be approved. The basis for this recommendation is that there are two properties involved, Lots 6 and 7 of Lawson Industrial Park, and if developed~separately' it is likely tha~ four driveways would be requested. Therefore, this request is~ considered more of a technical interpretation rather than a request to modify the Parking Lot ordinance~ -' CA,fEN S. ANNUNZF~TO /bks cc: Technical Review Board Central File