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Minutes 04-10-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 10, 1984 AT 7:30 P.M. PRESENT Simon Ryder, Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Walter Kies, Alternate Carmen S. Annunziato Planning Director Timothy P. Cannon Senior City Planner ABSENT Garry Winter, Vice Chairman (Excused) ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairman Ryder called the meeting to order at 7:30 P.M. by in- troducing Members of the Board, the Director of Planning, Senior City Planner, Alternate Member and the Recording Secretary. Chairman Ryder also recognized the presence of Mayor Carl Zimmerman, Vice Mayor Bob Ferrell, Councilmen Jim Warnke and Nick Cassandra, City Manager Peter Cheney, Owen Anderson, Chamber of Commerce, Sam Wright, Vice Chairman, Community Redevelopment Agency. Prior to the meeting officially commencing, Chairman Ryder mentioned that the first item on the Agenda was the election of Board Officers for 1984/85. This, however, would not take place as members had not been appointed by the newly elected City Council. As an item on the City Council Agenda of the previous week was that the Council may be choosing a new method of appointing City Boards, and because this had not happened yet and members had not been appointed, there would obviously not be an election of officers, at this time. READING AND APPROVAL OF MINUTES Mrs. Bond made a motion to approve the minutes of the meeting of March 13, 1984 and this was seconded by Mr. Wandelt. Motion carried 7-0. ANNOUNCEMENTS None. COMMUNICATIONS None. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Ir' OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS Parkinq Lot Variance PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: LEGAL DESCRIPTION: Sunshine Square Shopping Center Joseph B. Pollock, Jr. The Building Company, Inc. 1625 S. Federal Highway Relief from Article X, Section 5-141 (d) Curbs and Car Stops All that Part of the East Half (E½) of the Northeast Quarter (NE¼) lying west of Dixie Highway (U.S. No. 1) less the 40.00 feet; East 150' of South 150' of the North 180'; and the South 1910', Section 33, Township 45 South Range 43 East. Subject to easements and rights of ways of Record. Mr. Linkous abstained from the discussion of this request as he indicated he was involved personally. Mr. Annunziato said that what the applicant was requesting was the deletion of certain number of curbsto_ps,~ the p.~urpo~eR~eingth~t there had been approximately 13 accidents as a result of people tripping over the car stops. As procedure dictates, the Technical Review Board met to discuss this situation, and as a result of this meeting, a recommendation of denial of this request was made. This denial was based on the theory that although the curb stops may cause a problem with people walking, they did prevent potential accidents with automobiles which would be considerably more serious. Mr. Joseph Pollock, agent and traffic engineer for Kimley Horn came forward and explained that their proposal was not to eliminate all of the curb stops, but only those that they felt would help correct the problem of the accidents, and simultaneously would not interfere with the channeling of traffic. He then showed the Board the chart indicating the proposed plan, pointing out that the curb stops they would like to take out are primarily in the area of the major tenant of the shopping center, Publix. This is where most of the accidents had taken place. He said that when their application was initially submitted there had been 13 accidents in 17 months; however, as of this date two more accidents did take place involving elderly people who had fallen. -2- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 In stating his case, Mr. Pollock further pointed out that many more accidents had happened subsequent to having the curb Stops as opposed to when there weren't any. Additionally, Mr. Pollock stated that a similar variance had been granted to the DeBartolo Mall. Mr. Pollock was asked if he had any statistics of accidents occuring in the parking lot prior to the curb stops being put in. He said that the owners did not have any insurance claim forms for any injuries prior to having curb stops. Mr. Kies said that the Technical Review Board had suggested painting the curb stops DOT yellow and wanted to know if Mr. Pollock thought that would be of some help. Mr. Pollock said that he thought it might be of some assistance, and that in redesigning the parking lot they would be happy to paint the renewed curb stops this color; however, he thought that the problem was more the size of the curb stop. Mr. Mauti asked Mr. Pollock if he had considered the fact that without the curb stops the parking lot could become a speedway, to which he replied that because they were not looking to remove all of the curb stops he did not believe this was significant. In reference to Mr. Pollock's remarks about the DeBartolo Mall being granted a variance, Mr. Annunziato commented that the parking places in Sunshine Square were slanted, whereas the parking places in the DeBartolo Mall were at right angles. In the case of slanted parking places he said, with no curb stops, people have nothing to guide them in determining where to stop the car. This in turn tends to have people "snaking out" into the corridor. Another problem he said was that the old striping was coming through the blacktop which was causing confusion. Mr. Pollock agreed with the fact that the striping needed redoing. There was some other discussion among the Board Members as to the alternatives were to this parking problem, i.e. landscaping, size of curb stops, etc. In announcing that this was a public hearing and asking if anyone wanted to come forward to speak in favor of this variance, the manager of Publix, Mr. John Dominick came forward. -3- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Mr. Dominick said that he had been the manager of Publix for about ten years and that the only problems that they had experienced prior to the curb stops being put in were slip-and-fall situations. It was his feeling that people do not like to drive all the way up to the end of a car stop and that that was the cause of cars sticking out into the corridor. He said that when people are looking for their car they are not looking where they are walking, but rather to where they are going. Being the manager, Mr. Dominick is the person to whom complaints are made and he said that the parking lot is commonly referred to as a hazard. People don't like the entrance, they don't like the exit, and most of all they don't like the curb stops. Chairman Ryder pointed out to Mr. Dominick that the purpose of the car stops is to channel traffic, and what could be done to make it more safe he wasn't sure, but he did know that without the curb stops a car either falls short or goes too far of the parking space. It was also pointed out to Mr. Dominick that by eleviating just some of the stops and leaving some in certainly was no remedy to the problem. Mr. Pollock said that the majority of the accidents that happened in the parking lot were in front of Publix. Mrs. Bond said that was because everyone wanted to be near the door. No one came forward to speak in opposition, therefore Chairman Ryder closed the public hearing. Chairman Ryder said he wanted to point out to the Board that this was not only a question of safety, but essentially they were testing the effectiveness of the Ordinance as to how well it was going to be upheld. Mr. Mauti asked Mr. Annunziato whether or not the curb stops were presently painted and it was pointed out that they weren't. Mrs. Bond pointed out again that she did her shopping in this store and she felt that everyone was trying to park close to the store. Mr. Kies pointed out that the size of the curb stop (about 6 inches) was a contributing factor in people tripping. Mr. Annunziato said that this size was a DOT standard. There was no further discussion among the Board members, and Mr. Mauti said that because of the number of curb stops proposed to be removed, he made the motion to deny this request. It was seconded by Mr. Hester. The motion carried 5-1 with Mr. Kies opposed. -4- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Right-Of-Way Abandonment PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: LEGAL DESCRIPTION: St. Mark's Catholic Church Reverend John G. Block The Most Reverend Edward McCarthy 620 N.E. 7th Avenue Abandonment of a 28 foot street which is adjacent to lots 7 through 12 inclusive, North Boynton Subdivision. That part of the street right of way as shown on the plat of NORTH BOYNTON, being a subdivision by ROBERT S. MERRITT, Boynton Beach, Palm Beach County, Florida, according to the plat thereof recorded in Plat Book 1, Page 68, of the public records of Palm Beach County, Florida, described as follows: Begin at the Southeast corner of Lot 7 of the said plat of NORTH BOYNTON; thence North (assumed), along the East line of Lots 7 thru 12, inclusive, and along the Northerly extension thereof, 315.83 feet to the North line of a 10 foot street and the North line of said plat of NORTH BOYNTON; thence S 88°33'29"E., along said North line 28.01 feet to the East line of the 28 foot street and the East line of said plat of NORTH BOYNTON; thence South, along said East line, 315.81 feet to the intersection with the Easterly extension of the South line of said Lot 7; thence N 88°35'27"W., extension of the South line of said Lot 7; thence N 88°35'27"W., along said Easterly extension, 28.01 feet to the said Point of Beginning. Containing 8,843 square feet, more or less. In giving his presentation, Mr. Annunziato asked the Board Members to keep in mind that the next request is part and parcel of this one. Mr. Annunziato continued and said that this abandonment request is for a street that was never approved. He said that it came to the Planning and Zoning Board with a positive recommendation from both the Technical Review Board and the public utilities. There are, however, a few qualifiers. -5- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Except for Florida Power & Light, the public utilities did not object. Florida Power & Light is asking for a ten foot easement. Further, that eight feet of right-of-way be dedicated to the City was suggested by the City Engineer. The eight feet is on the west side of the property. Mr. Richard SanGiovanni, agent, came forward and said that he really had nothing to add to Mr. Annunziato's presentation and that he was in complete agreement with the recommendations. Mr. Annunziato indicated that the recommendations of Florida Power and Light and the City would not keep the applicant from accomplish- ing what it wanted. As no one came forward in favor or opposition to this request, the public hearing was closed. Mrs. Bond made the motion to approve the right-of-way abandonment, subject to recommendations, and the motion was seconded by Mr. Kies. The motion carried 7-0. By the way of a presentation, Chairman Ryder explained that the next three items involved the Community Redevelopment Area and that agency. He said that it was required by these applicants to apply for a var- iance to the moratorium in this area and that in fact all applicants had appeared before the Community Redevelopment Agency and had re- ceived approval. After going to the Planning and Zoning Board, these proposals would then have to go to the City Council. Moratorium Variance/Site Plans PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: LEGAL DESCRIPTION: St. Mark's Catholic Church Richard SanGiovanni The MOst Reverend Edward McCarthy 733 N. E. 4th Avenue Request for a variance to the temporary redevelopment area moratorium and site .plan approval to construct a two-story rectory/ office and parking lot improvements on a site of 19.23 acres, subsequent to having been found to be consistent with the Community Redevelopment Plan. See legal description - St. Mark's Catholic Church - Right-of-Way Abandonment In his presentation, Mr. Annunziato said that there were thirteen comments from the Technical Review Board (see Attached ~xhibit A) all of which were agreeable to the applicant. -6- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 He went on to say that the proposal was to build a rectory/office building, bring the parking lot up to the code reqUirements as well as the landscaping, and that all in all this was a tremendous improvement for the City. Mr. SanGiovanni said he was very familiar with the thirteen comments and would be happy to comply with them. No one came forward in favor or opposition of this request, the public hearing was closed and Chairman Ryder reminded the Board that they would be voting not only for the moratorium variance, but also for the site plan. Mr. Mauti made the motion on both issues that the request for approved subject to staff comments and was seconded by Mrs. Bond. The motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: LEGAL DESCRIPTION: Flamingo Plaza Eugene Skeen Thomas Harrington 415 S. Federal Highway Request for variance to temporary redevelopment area moratorium and site plan approval to paint building, remove a section of walkway roof to allow parking to abut the front of building, construct a new roof and roof flashing and reseal, patch, save and stripe the existing parking lot. These requests are being made subsequent to having been found consistent with the Community Redevelopment Plan. South 20 feet of Lot 8, Lots 9 & 12, Block A, PENCE SUBDIVISION NO. 1 Recorded in Plat Book 1, Page 33, Palm Beach County Records Mr. Annunziato said that this application was similar to the last one. This one, however, was most simplistic as what was proposed was im- proving the parking lot to meet more of the code requirements than it did, landscaping would be improved, and it was a general uplifting of the already existing project. Subject to three minor site plan recommendations from the Building Department, Public Works Department and Planning Department, his request came with a positive recommendation to the Board. -7- ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Mr. Eugene Skeen, agent, came forward and said that he had all intentions of complying with the staff comments. No one came forward to speak in favor or opposition of this request. The public hearing was closed~ Mr. Wandelt made a motiOn to recom- mend approval, subject to staff comments and it was seconded by Mr. Hester. The motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: LEGAL DESCRIPTION: Halsey & Griffith William Brainard Magnolia Investment Corp. S.W. corner of S.E. 3rd Avenue and S.E. 4th Street Request for a variance to the temporary redevelop- ment area moratorium and site plan approval to construct a one-story office supply and furniture store on 26,043 sq. ft. subsequent to having been found consistent with the Community Redevelopment Plan. Lots 1 and 2, Block B, PENCE SUBDIVISION NO. 1, Recorded in Plat Book 1, Page 33, Palm Beach · County Records Mr. Annunziato said that this proposal was consistent with the Community Redevelopment Plan, however there were a number of staff comments (see attached Exhibit B). The applicant was aware of these comments and is willing to comply with them. As an additional comment, it was pointed out that no parking signs be installed on S.E. 2nd Ave., west of S.E. 4th Street to the railroad tracks and that Southern Bell be asked to improve the street swale section on the north side of S.E. 2nd Ave. Employees of Southern Bell are presently parking in the swale areas, resulting in degradation. Mr. William Brainard, agent, came forward and indicated that he was aware of the staff comments and would be happy to comply with all of them. He had nothing further to add. No one came forward in favor or opposition to this request and the public hearing was closed. There was no discussion among the Board Members. Mrs. Bond made a motion to recommend approval of both the variance and the site plan, subject to staff comments. Mr. Linkous seconded the motion. The motion carried 7-0. SUBDIVISIONS Pre-Application PROJECT NAME: AGENT: OWNER: LOCATION: Gulfstream Heights Burlison Gentry Swinton Development Corporation Seacrest Blvd. & Swinton Avenue -8- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 DESCRIPTION: Request to develop 52 lots on 11.74 acres with each lot being a minimum of 9,000 square feet consistent with the R1AAB zoning classification. Chairman Ryder pointed out that this matter had~zecently come before the Board for the process of annexation and rezoning. Since the concurrence of the City Council, the matter is now at the point of pre-application. Mr. Annunziato pointed out that this was the first step in the land development of this parcel. In describing the property he pointed out a meandering right of way that connects Swinton and Seacrest which was at the request of the City Staff to provide an additional east-west thoroughfare and eliminate the potential of a lot of through traffic. Further the lots are back-to-back with a very simplistic approach. He said that this pre-application came to the Board with a positive recommendation. The Building Department has requested that set backs be noted in the preliminary plat. There was also a comment from the Engineering Department. Mr. Burlison Gentry, applicant came forward and Chairman Ryder said that he was happy that there was going to be access to Seacrest Blvd. He also wanted to know about four particular lots and whether or not they would front on Seacrest. Mr. Gentry explained that they would not, nor would any of them. Access is from the interior. There was some discussion among the Board Members about Swinton Avenue and setbacks. Mr. Gentry said that he would comply with all the staff comments. There was no further discussion among the Board Members. Mr. Hester made the motion to approve this request subject to staff comments, which was seconded by Mr. Linkous. The motion carried 7-0. Preliminary Plats PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Meadows 300, Plat III Jim Thiele C & H Properties, Inc. Congress Avenue and Meadows Blvd. Preliminary plat and construction documents defining the remaining tracts of the Meadows 300 PUD as boundary plat only, and the completion of Meadows Blvd. -9- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Mr. Annunziato told the Board that those of them who were familiar with the platting of Hunter's Run would find that this plat was very similar in that the corridor road, which is the major spine and accesses all of the property, with all tracts being served with uti~i~ft~i~es by the spine road. Further on, each individual tract will have to come back and be re-subdivided as a replat of that tract. As with Hunter's Run he said this was done very successfully. The staff comments he said were from the City Engineer, Utility Department. The comment from the Utility Department was that a road leading west to the limits of the C & H property be installed by them, which is required by subdivision regulations. Subject to these comments, this request comes to the Board with a positive recommendation. Mr. Julian Bryan, Key Biscayne came forward in place of the appli- cant, but he is most familiar with this project since he has worked on it since the onset. Mr. Bryan said that although he usually agreed with all of the staff comments, he was concerned this time about the development (comment from the Utility Department) of a road that would virtually lead no where for some time, and he questioned why this would be required, as he did not understand why it would be their responsibility. Mr. Annunziato explained that this was a technical issue in that all public improvements have to be bonded in a subdivision. Additionally all private improvements must be bonded~ When something is subject to bonding they are subject to improvement within 21 months. Further he said he believed this to be a problem of timing and not a tremendous amount of funding. Mr. Bryan said that this was philosophical in that he did not believe that this road was delineated on the master plan for other than res- ervation. There was further discussion about this road and Mr. Annunziato pointed out that this was clearly indicated in the subdivision regulation. When discovered by the Board that this road would not serve anyone for some time, but that it would provide access to adjacent property in the future, there was discussion about the propriety of the subdivision regulation. -10- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 There was general concurrence that perhaps the subdivision reg- ulation should be changed; however, that could not be done at this time. Ail discussion concluded, subject to staff comments, Mrs. Bond made the motion that this preliminary plat be recommended for approval. This was seconded by Mr. Hester. The motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes, Plat III Rick Rossi Lennar Homes, Inc. East side of Congress Avenue south of Hypoluxo Road Preliminary plat and construction plans for the infrastructure improvements to a previously approved phase of this PUD. Mr. Annunziato explained that this request was to go from a zero lot line, attached configuration of homes to a zero lot line, detached configuration. This concept he said came to the Board with a positive recommendation subject to staff comments from the Building Department, Engineering Department, Utility Department and the Energy Coordinator. Representing this applicant was Jeff Hopper, Regional Manager for Lennar Homes. He said that he was unfamiliar with the staff comments, however, Mr. Rossi is, and he felt sure that there would be no problem complying with the comments. There was no further discussion. Mr. Linkous made a motion that this request be recommended for approval sUbject to staff comments, and this was seconded by Mr. Wandett. The motion carried 7-0. Master Plan Modification PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Golfview Harbour Estates Norman Michael The Milnor Corporation Congress Avenue and S. W. 25th Place Proposed deletion of meeting room in recreational building and children's playground equipment with the addition of land being increased to more than 7300 square feet and total parking places being 14. -11- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 This request said Mr. Annunziato was based upon the applicant's analysis of the recreational needs of the residents. Initially it was thought that there would be a greater number of children in the subdivision, but it has not turned out that way. Therefore the applicant is looking for a modification eliminating the children's playground equipment but provide amenities for adults, i.e. shuffleboard. The comments from the staff are from Public Works and the Forester~ Other than these comments this request comes to the Board with a positive recommendation. The applicant was not present and there was no d~scussion. Mr. Mauti made a motion to recommend approval of this request subject to all staff comments, and this motion was seconded bv Mrs. Bond. The motion carried 7-0. SITE PLANS PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Chanteclair Villas/Palmland Villas Bernard Seligson City of Boynton Beach Right-of-Way Charter Drive west of S. Congress Avenue Construction and erection of a 4% foot sign showing entrance to developments. Mr. Cannon said that this was an application for an after-the-fact approval of a sign being erected on the median with Congress Avenue to the east. The only staff comment that accompanies this request is that the sign be moved back 75 feet from the center line of Congress Avenue. Mr. Seligson, applicant, came forward and said that the sign in question was erected on the assumption that the contractor would take all necessary steps to abide by City regulations. The question of moving the sign back 75 .feet he said would make it ineffective. There was considerable discussion about this sign being moved back and the fact that this.violation wasn't done intentionally by the applicant. The applicant suggested that perhaps the sign could be moved back when the construction of Congress Avenue was commenced. Mr. Annunziato said that he did not believe that this would cause a problem. Mr. Wandelt made a motion that this request be recommended for approval, subject to the applicant, at his expense, move this sign back 75 feet when construction on Congress Avenue commenced. This motion was seconded bv Mr. Linkous. The motion carried 7-0. -12- ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Lakes Entrance Donald E. Elliott Lennar Homes, Inc. Corner of Boynton Lakes Blvd. and Congress Ave. Construction of entrance way walls and signs Mr. Cannon explained that what the applicant was proposing to do was put a seven (7) foot entrance wall with a logo on either side of Boynton Beach Boulevard at Congress Ave. Further in at the turn stop there will be CBS walls he said. This site plan also calls for plantings along the existing berm as well as in the median strip. There are no staff comments regarding this request. Mr. Annunziato remarked that because of tough competition, this was an additional feature to add privacy to the development. There was little conversation about this project since there were no staff comments, however, the applicant, Mr. Donald Blliott did come forward - with nothing else to addc Mr. Linkous made the motion to recommend approval which was seconded by Mr. Kies. The motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Distribution Center Jeffrey Sherman Boynton Beach Distribution Center Associates, a Florida General Partnership East side of High Ridge Road south of Miner Road Right-of-Way. Construction of 99,12]_ square feet of industrial warehousing Mr. Cannon presented this proposal and said that this is formerly known as South Palm Beach Commerce Park. With there being over 99,000 square feet, each bay would be approximately 1500 square feet. These are all one story buildings with a unique architectural style for an industrial building. Staff comments were from the following departments - Building, Engineering, Utilities and Police. Mr. Richard Wensing, representing the owner came forward and said that they did not have any problem complying with the staff comments, however he did have a question; namely, the lighting requirements of the Police Department. He said that he would probably have discussions with the Police Department, but in the meantime would agree to comply until other arrangements were approved. There was discussion with the applicant explaining to him that while the police are patroling i% was unfair to ask them to investigate an area that was not lighted properly. -13- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 Mr. Hester made the motion that this request be recommended for approval subject to staff comments, and it was seconded by Mr.' Mauti. The motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Strauss-Wassner Furniture Store Madelyn Strauss Linda Wassner Madelyn Strauss Linda Wassner S. Congress Avenue, Lawson Industrial Park Construction of a two-story, 13,680 sq. ft. building on a 1.123 acre stire Mr. Cannon said that this was going to be a wholesale furniture store located in Lawson Industrial Park that could also be used for other M-1 uses or retail uses such as home improvement goods or carpeting. The staff comments were from the Building Department, Fire Department, Engineering Department, Planning Department and Energy Department. The applicant~ Linda Wassner came forward and Chairman Ryder asked her if she was familiar with the staff comments. She said she was familiar with all of them except for the one about the fire loops. Mr. Annunziato explained to her what this entailed and she indicated there would be no problem complying with it, or any of the others. There was no discussion among the Board Members and Mr. Mauti made the motion to recommend approval, subject to staff comments. This motion was seconded by Mr. Wandelt. The motion carried 7-0. CONSISTENCY REVIEW/PROPOSED DEFINITION OF "DRIVE IN RESTAURANT" Chairman Ryder said that what was basically involved here was to determine whether or not in C-2 zoning drive-in or drive-through restuarants should become a permitted use as they presently are not permitted. Mr. Annunziato said that there was a proposed amendment to the existing ordinance which would permit drive-through restaurants in the C-2 areas. The Planning Department as a result of this proposed amendment prepared an analysis of what impact this amendment would have on the Comprehensive Plan. As part of the analysis, Mr. Annunziato said it was necessary to discuss the characteristics of C-2 zoning in that frontage for C-3 and C-4 zoning was so much greater, and that drive-in restaurants are currently permitted in C-3. Another important consideration is frontage on four-lane roads such as Hypoluxo, Ocean Avenue, US-l, etc. It should be noted that 92% of the C-3 fronts on a four lane arterial, whereas only 52% -14- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 of C-2 fronts on a four lane arterial. Mr. Annunziato went on to quote other statistics contained in the report prepared by the Planning Department stressing the depth of lots and whether or not the parcels are adjacent to residential areas. Also being stressed was whether the parcel was on a two lane collector or four lane collector. In relating this discussion to Comprehensive Plan Policies, Mr. Annunziato read the following policies relevant to the proposed amendment - "Eliminate existing and potential land use conflicts." C-2 zoned areas are generally located adjacent to single family areas. "Provide a suitable living environment in all neighborhoods." "Encourage the development of commercial land uses where accessibility is greatest and where impacts to residential uses are minimized." "Provide for efficient and safe movement within the City." "...due to an incresing demand for local serving commercial uses in the western edge, there will likely exist some pressure for strip development resulting from increased through traffic generated by the proposed regional mall north of Boynton Road and west of Congress Avenue. One of the most significant land use problems resulting from regional shopping center development is the tendency for other commercial development to spring up along major arterial routes, and take advantage of the increased traffic for their market support." Further analyzing the report Mr. Annunziato mentioned the Intent and Purpose of Zoning Districts in that C-2 was designed to be a neighborhood commercial district, as opposed to serving two or three neighborhoods. He read the following into the record - "C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan." -15- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 The C-2 District generally permits offices, banks (including d~ive-through facilities) restaurants (except drive-ins), personal services, and convenience retail goods such as drug stores, hardware stores, and convenience stores. "C'3 COMMUNITY COMMERCIAL DISTRICT. These distriCt regula- tions are to encourage the development of appropriate in- tensive retail commercial facilities providing a wide range of goods and services, located centrally and accomodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare." Mr. Annunziato said that when he thinks about uses in C-2 and uses in C-3, he tends to think about market areas. By design, C-2 market areas should be restrained. C-3 on the other hand are more intensive retail uses thriving on more than one neighborhood, and through traffic - i.e.U.S. 1. Issues and Questions: 1. HOw do the lan~-use characteristics of drive-through restaurants compare with the characteristics of other uses which are permitted in the C-2 District? 2. How do the traffic characteristics of drive-through restaurants compare with other permitted uses in the C-2 District? 3. Do drive-through restaurants conform to the intent of the C-2 District? In response to the above issues the following conclusions were arrived at. Nuisances Associated with Drive-Through Restaurants - cited in a report by the Planning Advisory Service Traffic hazards and congestion due to the high number of turning movements and waiting cars backing up into streets 2. Blocking of sidewalks by waiting cars 3. Noise from cars waiting and parking and human voices 4. Noise from loudspeakers 5. Standardization of design may be unacceptable often prod~.cing an appearance that clashes with or changes the character of the neighborhood -16- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 6. Glare from parking lot lighting and automobile lighting 7. Odors 8. Loitering 9. Litter 10. Fumes from idling engines In further breaking down this analysis drive-in banks which are permitted in C-2 zoning were compared to restaurants. Loudspeakers accompany both banks and restaurants; however, drive- through banks generally close by 7:00p.m. while drive-through restaurants close around 11:00 p.m. and sometimes as late as 1:00 a.m. As regards design, the architecture and signs of banks are much more conservative than that of drive-through restaurants. Glare - banks close early in the evening therefore eliminating glare from parking lot lighting and headlights. Odors - there are no odors associated with banks. Litter - there is no litter associated with banks. Fumes - although noticeable at banks it is only at peak hours. Mr. Annunziato went on to compare convenience stores to drive- through restaurants - Convenience stores do not have loudspeakers, the architecture is comparable to drive-in restaurants; glare is worse from convenience stores than drive-in restaurants; although there is odor from dumpsters in convenience stores, there are no food odors; and litter is more typically a problem at convenience stores. Re- garding fumes, there is not a great problem at convenience stores as there are not a lot of cars idling. Further mentioned by Mr. Annunziato in going through the report was the following: Traffic Characteristics The question of whether or not drive-through restaurants would conform to the intent of the C-2 District. Conclusions - and RecommendatiOn~s -17- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 The final recommendation of the Planninq Department was that drive-through restaurants because of the lack of lot depth in C-2 districts, the proximity of these districts to single family residential districts and the characteristics mentioned above, should not be permitted in C-2 districts. Drive-through restaurants would be in conflict with both the Comprehensive Plan Policies and with the intent of the C-2 District. Furthermore, the zoning ordinance should be amended to clearly define both drive-in and drive-through restaurant and exclude both from the C-2 District. Chairman Ryder indicated that he thought that a very thorough analysis had been prepared and owing to the significance of the informa- tion contained in the report, he was inclined to be opposed to drive- through restaurants and drive-in restaurants in the C-2 district. There was considerable discussion among the Board Members wherein Mr. Linkous pointed out that there were some lots in C-2 that did have the proper depth. Mr. Linkous also said that he thought there was a considerable difference in a drive-in vs. drive-through restaurants. Also - drive-through means drive-through for both restaurants and banks. Mr. Annunziato said there was a significant difference in the impact of a drive-through bank and a drive-through restaurant, i~e. the traffic, hours of usage, etc. Mr. Mauti said the problem that he had was when a C-2 lot had the depth of a C-3 lot and would not cause any harm to adjoining properties, perhaps an exception could be made. Mr. Mauti suggested a ~cond±tional use. After some discussion of the Board Mr. Mauti suggested that Perhaps this should be treated as a conditional use in C-2, C-3, and C-4 zoning. Mr. Robert Beane came forward and wanted to discuss his personal lot that is presently in question as he has property that would be subject to this zoning. Chairman Ryder pointed out that this was not a public hearing and this issue was not being discussed on particular lots. -18- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 10, 1984 There was some discussion as to whether or not this issue should be tabled when Councilman Cassandra came forward to indicate that the City Council was anxious for a response from the Planning and Zoning Board. There was further d~scussion as to whether or not the Board properly understood what action was supposed to take place, and once again they made the point about conditional uses. Mr. Mauti made a motion to make drive-through and drive-in restaurants a conditional use in C-2, C-3, and C-4 zoning districts, as a recommendation to the City Council. Mr. Linkous seconded the motion. The motion carried 5-2 with Chairman Ryder and Mrs. Bond dissenting. The meeting was properly adjourned at 10:50 p.m. Respectfully submitted, -~arbara K. Sch~tfager/ ~ -19- TO: FROM: Peter L. Cheney City Manager EXHIBIT A MEMORANDUM 20 March 1984 Carmen S. Annunziato Planning Director ST. MARK'S CATHOLIC CHURCH/VARIANCE REQUEST Richard SanGiovanni, agent for the Reverend John Block, Pastor of St. Mark's Catholic Church has requested a variance to Ordinance No. 83-40 which sets in place a moratorium on new construction or building renovation in the Community Redevelopment Area. Mr. SanGiovanni is proposing to construct a 7,200 square foot rectory/parish office building plus parking lot renovations at the St. Mark's Church site which is located on N.E. 6th Avenue, east of US-1. The building proposed fronts on N.E. 4th Avenue .lat~renovations and it is two stories in height. The parking._ . proposed are spread over the remainder of th~'~h.~'s~dry-land~ property, and the design is generally consistent with current standards. Utilities are available on or adjacent to the site; however, additional fire protection is required. On Monday, March 19th, 1984 the Technical Review Board (TRB) met to review the plans and documents submitted and to form~!ate a reco~mendation. The TRB review was performed in connection with Ordinance No. 83-40, Section 6(4) and Section 19-18 of the Code of Ordinances. Following review and discussion of the plans and -proposals submitted, the TRB offers for your consideration a recommendation to approve the request subject to comments as follows: a Board of Health permit is required; the rectory building must be moved one (1) foot northward because the roof overhang extends beyond the two (2) foot permitted limitation; J when utilizing sixteen (16) foot deep parking stalls, the applicant must provide an additional two (2) feet on non-required landscaping; no part of any building may be constructed which is more than two hundred (200) feet from a fire hydrant; construct a six (6) inch water main from N.E. 4th Avenue to N.E. 6th Avenue between the proposed rectory and existing church, and place a fire hydrant on this water main to accommodate proper fire protection; install stop signs at all exists; dedicate an additional eight (8) feet'of right- of-way for the twelve (12) foot alley which separates this property from the commercial property on US-1 to accommodate the existing pavement and utilities; dedicate easements for the existing sewer main which traverses the property between N.E. 4th Avenue and N.E. 6th Avenue; substitute sodium vapor or other energy efficient lighting for the proposed mercury vapor lighting as mercury vapor lighting is not allowed by the Parking Lot ordinance; 10. the Parking Lot regulations suggest a level of one (1) foot candle of illumination at grade, while the proposed average is 2.14 f es exclusive of "contributed lighting"; 11. ~ the plans submitted indicate 41 luminaries although only 23 "new pole and light" locations are shown on the site plan; 12. 13. details of the relocated tennis court lighting should be shown to include retrofitting to energy efficient lighting; and f · Type V cutoff luminaries are suggested as opposed to the Type II or III shown because of the more symmetrical and efficient lateral distribution of light In addition, the applicant requested of the TRB to be exempted from constructing sidewalks on N.E. 6th Avenue, N.E. 4th Avenue and the 12 foot unnamed alley to the west of the property. The T~ was in agreement to exempt the applicant from having to construct sidewalks on N.E. 4th Avenue and the' 12 foot alley owing to the lack of right-of-way; however, the TRB unanimously agreed that sidewalks should be constructed on N.E. 6th Avanue adjacent to the grade school for public safety purposes. CARi~N S. g2qN~I~TO /bks cc: Technical Review Board Central File TO: FROM: EXHIBIT B MEMORANDUM 20 March 1984 Peter L. Cheney City Manager Carmen S. Annunziato Planning Director Brainard/Moratorium Ordinance Variance William Brainard, agent for Robert T. Sieman, Chairman of the Board, Halsey & Griffith, Inc. has requested a variance to Ordinance No. 83- 40 which sets in place a moratorium on new construction and building renovation in the Community Redevelopment Area. Mr. Brainard ms proposing to construct a 6,450± square foot office supply and S.E. furniture store in the southwest corner of S.E. 2nd Avenue and 4th Street. The site is separated from the Florida East Coast Railroad right-of-way by a thirty (30) foot wide undeveloped public right-of-way. The building as proposed, fronts on S.E. 2nd ~access off of S.E. 4th Street. Thirty (30) parking spaces are provided and a truck unloading facility is proposed to front on the F.E.C. right- of-way. Utilities and hydrants for fire protection are available to serve the site. On Monday, March 19th, 1984 the Technical Review Board (TRB) met to review the plans and documents and to formulate a recommendation. The TRB review was performed in connection with Ordinance No. 83-40, Section 6(4) and Section 19-18 of the Code of Ordinances. Following review and discussion of the plans and proposals submitted, the TRB offers for your consideration, a recommendation to approve this request subject to comments as follows: 1. a Board of Health permit will be'required; 2. ~all non-protected landscaping must be protected · with a raised curb; 3. four additional trees are required on S.E. 4th Street; e the dumpster is to be screened and placed on a concrete slab as per the Landscaping Ordinance; e the swale on the south side of S.E. 2nd Avenue should be regraded and sodded along with the landscaping proposed on site; and, 6. details of the parking lot lighting proposed are to be provided. In addition, as a part of the City's efforts to revitalize the Boynton Beach Downtown_area, it is recommended that no parking signs be installed on S.E. 2nd Avenue, west of S.E. 4th Street to the railroad tracks and that Southern Bell be contacted tO improve the street swale section on the north side of S.E. 2nd Avenue. Currently, employees of Southern Bell are parking in the swale areas. This practice has resulted in degradation of the swale area. However, on-street parking should be encouraged on S.E. 4th Street as ample pavement and right-of-way width exists to accomodate both parking and traffic. /bks cc: Technical Review Board Central File CARMEN S. ANNU~Z~ATO