Minutes 11-08-83MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 8, 1983 AT 7:30 P.M.
PRESENT
Simon Ryder, Chairman Carmen S. Annunziato
Garry Winter, Vice Chairman Director of Planning
Lillian Bond
Ezell Hester
Ronald Linkous
Caesar Mauti
Walter Kies, Alternate
Stormet Norem, Alternate
Robert Wandelt
Chairman Ryder called the meeting to order at 7:30 P.M. by
welcoming everyone and introducing the Members of the Board,
Director of Planning, Senior City Planner, Alternate Members,
and Recording Secretary.
Tim Cannon, Senior City Planner
Chairman Ryder also recognized the presence of Mayor James R.
Warnke, Vice Mayor Carl Zimmerman, Councilman deLong, Mr. Scheiner,
Vice Chairman, Community Redevelopment Agency, and Mr. Owen
Anderson, Executive Vice President, Chamber of Commerce.
MINUTES
Mr. Mauti moved, seconded by Mr. Winter to accept the minutes
as presented. Motion carried 7-0.
ANNOUNCEMENTS
None.
COMMUNICATIONS
Mr. Annunziato mentioned that as an addition to the agenda package,
he had a memo and response from the City Attorney addressing the
M-1 District Regulations and a letter from Mary Lou Lackey of
Motorola, both to be brought up at the time the issues were
discussed. A copy of each is attached.
OLD BUSINESS
SUBDIVISIONS
Preapplication (Tabled pending outcome of subdivision variance
request).
PROJECT NAME:
AGENT:
~R:
Townclub of Boynton Beach
Kieran Kilday
Lennard Kligler
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
LOCATION: N.E. 4th Street, north of N.E. 16th Avenue.
DESCRIPTION: Proposed 104 unit condominium on a 9.8 acre
site, plus ancillary recreational facilities.
Chairman Ryder gave some background on how Townclub had previously
been considered and tabled. The applicant had subsequently ap-
plied for a variance which provided for the extension of 17th
Avenue through the development, and it was granted by the City
Council. Now that this issue was back at the Planning and
Zoning Board, Mr. Annunziato indicated what the staff comments
were and a positive recommendation, based on the staff comments.
These comments, from the Planning Department include the
following:
Dedicate N.E. 4th Street as a 60' right of way.
Redefine parking areas to eliminate dead ends,
where practical.
Provide funding for the City in-connection with
an analysis of the capacity of a municipal pump
station which services the property.
The applicant's representative, Jim Narquist came forward to
indicate that he was representing Kilday & Associates, and that
they agreed to all the recommendations.
Chairman Ryder expressed his strong feelings that access was highly
limited to Townclub, and that it was impossible 'to get there from
the west. He was concerned about the impact of closing off 17th
Avenue, and that there were no other east/west avenues between
Seacrest Blvd. and Fed-erat Highway.
However, because the City Council had granted the variance,
Chairman Ryder had the issue voted on. Mr. Mauti made the motion
to approve the request. This was seconded by Mr. Linkous, subject
to staff comments. Chairman Ryder and Mr. Wandelt were in
opposition. The motion carried 5-2.
NEW BUSINESS
Public Hearing
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Lake Worth Christian School
George Kibben, President, Board of Trustees
Lake Worth Christian School Society, Inc.
7592 High Ridge Road
Annexation of a 10.13 acre site which is currently
developed. The existing facilities include a school
and ancillary recreation. Also included is a re-
quest by Staff to annex rights-of-way for High
Ridge Road and that right-of-way as recorded in
Deed Book 974, Official Records of Palm Beach County.
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MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
LEGAL DESCRIPTION:
The South 1/2 of the North 1/2 of the Northwest
Northwest 1/4 of ~he Southwest 1/4 of Section 9,
Township. 45 South, Range 43 East, excepting there
from the right-of-way of the Seaboard Air
Railway, and also excepting from the West half of
the foregoing premises the South 10 feet
thereof as conveyed in Deed Book 947, Page 23
of the Public Records Of Palm Beach County.
Also to be annexed is the right-of-way for
High Ridge Road described as a 50 ft. right-
of-way in Sections 8 and 9, Township 45 South,
Range 43 east, lying 25 feet on each side of
the Section line between Sections 8 and 9,
extending northerly on the Section line for
489..63 feet from a point on the Section line
a distance of 1819.64 feet from the Southeast
corner of Section 8.
A 40 f~. strip of land adjacent to the east line
of SectiOn 17, Township 45 South, Range 43
East, extending southerly from the north
line of Section 17 a distance of 1311.10 feet as
measured along the east line of Section 17.
Although the City Attorney did not feel that it was a mandatory
issue to be addressed, Mr. Annunziato wanted to bring to everyone's
attention that the dedication for the road was not included in the
annexation request, and the Planning staff recommended that it
be included in the annexation ordinance.
Mr. Annunziato continued to say that this particular annexation
was different from other annexations in light of the facility
being tax exempt, and in that light he made his recommendation.
His approval was based on the fact that although this annexation
could not be measured in dollars and cents, this school would
add to the quality~.of life in Boynton, which out-weighed the
cost benefit analysis. Additionally, there were no negative
staff comments. The Fire Department commented that the school
was located past the optimum distance for Fire Department response,
however, that did not mean that the department would not serve
the facility.
Mr. Larry Kooi, administrator for the school introduced himself and
explained that the school had 470 students, through the 12th grade,
and that they we're anxious to become a part of Boynton Beach. As
well as needing the services of the City, Mr. Kooi felt that the
addition of a quality private school would be beneficial to the
City.
3
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
Mr. Linkous wanted to know if there were any plans to enlarge the
school and Mr. Kooi informed him that there were no plans for
classrooms at this time, however they were looking to enlarge
the gymnasium and auditorium.
Chairman Ryder read a letter from Mr. Neil Valentine, President,
Tom'A-Toe Property Owners Association, Lantana, Florida into the
record (a copy of which is attached to these minutes), wherein
Mr. Valentine indicated opposition to the annexation. Chairman
Ryder's response to the letter was that he was pleased that the
City had progressed to a point where they could accomodate the
school, one of these reasons being the extension of High Ridge
Road, and that roads were built to be used. Mr. Hester also
pointed out that Mr. Valentine was writing from Lantana, not
Boynton Beach.
Mrs. Frances M. Bruce, 1820 Tom-A-Toe Road, Lantana came forward
with objections to the annexation in that she wanted clarification
as to how many students woUld be attending the school, she be-
lieved that High Ridge Road was already being abused by a neighbor-
ing industrial park and that High Ridge Road was unable to bear
the traffic it was currently dealing with.
Mrs. Bruce was somewhat pacified in learning that there were plans
to extend High Ridge Road, and in fact, there were only about
half as many students attending the school as she had previously
been lead to believe.
Chairman Ryder closed the public hearing, and Mrs. Bond made the
motion to approve the annexation, seconded by Mr. Linkous. The
motion was carried 7-0.
Land Use Element Amendment and Rezoning
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
LEGAL DESCRIPTION:
Lake WOrth Christian School
George Kibben, President, Board of Trustees
Lake Worth Christian School Society, Inc.
7592 High Ridge Road
Request to show a 10.13 acre tract of land as
low density residential on the Future Land Use
Element of the Comprehensive Plan and to rezone
from RS Single Family Residential (Palm Beach
County) to R1AA Single Family Residential (Boynton
Beach).
The South 1/2 of the North 1/2 of the Northwest
1/4 of the Southwest 1/4 of Section 9, Township
45 South, Range 43 East, excepting there from
the right-of-way of the Seaboard Air Railway,
and also excepting from the West half of the
foregoing premises the South 10 feet thereof
as conveyed in Deed Book 947, Page 23, of the
Public Records of Palm Beach County.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
Also to be annexed is the right-of-
way for High Ridge Road described as
a 50 ft. right-of~-way in Sections 8
and 9, Township 45 South, Range 43
east, lying 25 feet on each side of
the Section line between Sections 8
and 9, extending northerly on the
Section line for 489.63 feet from a
point on the Section line a distance of
1819.64 feet from the Southeast corner
of Section 8.
A 40 ft. strip of land adjacent to the
east line of Section 17, Township 45
South, Range 43 East, ex%ending south-
erly from the north line of Section 17
a distance of 1311.10 feet as measured
along the east line of Section 17.
Chairman Ryder explained that because the annexation request had
been approved, this portion of the Lake Worth Christian School's
request was ancillary and it was further explained that it only
reiterates the purpose of the land use and rezoning.
There was virtually no discussion about this matter, and when the
public hearing was closed, Mr. Linkous made the motion to approve
the request and it was seconded by Mr. Wandelt. The motion
carried 7-0.
Parking Lot Variance
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
LEGAL DESCRIPTION:
Woolbright Children's Center
David M. Selby
Henry D. Roberson
204 S.E. 22nd Avenue
Relief from Article X, Parking Lot Sections 5-141
(a) Lighting, (d) Curbs and Car Stops (e) Drainage,
(g) (2) Driveway, (h) Parking Lot Layout, (i)
Parking Lot Striping and Section 5-140(h) Parking
Stall.
Lot 45, CRESTVIEW SUBDIVISION.
Mr. Cannon made a presentation indicating that the request was
for seven variances to the parking lot construction code. The
zoning ordinance requires one parking space per 200 sq. ft.,
which in this case would mean eleven parking spaces. Since this
site could only provide six spaces to be built in conformance with
the code, it was recommended that the variances be denied.
Mr. Annunziato pointed out that another problem that existed was
the number of spaces in relationship to the proposed use of the
5
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
property, and that it was ill advised.
The applicant, Mr. David M. Selby, 6065 Winding Brook Way, Delray
Beach, Florida introduced himself as a clinical psychologist and
explained that the purpose of the site was to accomodate handicapped
children by converging a residence into a day care center/school.
The residence would only be enrolling about 20 children, and he
believed that six parking places would be sufficient. He also
indicated that he believed that it was primarily the Planning
Department that was Opposing his request.
Mr. Annunziato explained to Mr. Selby that in fact it was the entire
Technical Review Board that did not believe that this site was ad-
equate for the proposed purposes, and that among other considerations
were safety.
Mr. Selby continued to indicate that he would go to almost any
lengths to insure safety, and that the need in the community for
this type of school was sufficient to outweight the importance of
parking places.
Mr. Joel Hansen, representing his parents, 219 S.E. 22nd Street
came forward to' say that three of the proposed parking places were
directly across from their front door, and seeing as the applicant
needed 11, he indicated that he did not see where there would be
enough room, either for parking or for a play area for the children.
Mr. Selby~explained that because this facility would be dealing with
handicapped children, they would not be playing outside for either
long periods of time, nor do they get about as normal children do.
Consequently, he believed there was sufficient room.
This matter was then voted on with the motion to deny the request
being made by Mr. Mauti and seconded by Mrs. Bond. Motion carried 7-0.
Conditional Use
PROJECT NA~IE:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
LEGAL DESCRIPTION:
Woolbright Children's Center
David M. Selby
Henry D. Roberson
204 S.E. 22nd Avenue
Request for Conditional Use to operate a Day
Care Center/School in the R-2 Zoning Classification
on Lot 45, Crestview Subdivision.
Lot 45, Crestview Subdivision.
Mr. Cannon's presentation was based on the issue of the inadequacy
of the parking lot spaces, as well as potential noise to the sur-
rounding residential area, and the possibility of setting a precedent
as one side of S.E. 22nd Avenue was already zoned commercially, and
there was potential of having to be faced with rezoning the other side.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
It was Mr. Cannon's feeling that if in fact the Planning and
Zoning Board recommended approval of this conditional use, that
the applicant should be limited to the number of children to be
enrolled, the hours of operation.
Mr. Selby agreed to put a ceiling on the number of children, and
also indicated that the noise should not be a problem as the
children would be dropped off in the morning and picked up in
the evening, therefore not having congestion for the better part
of the day. Additionally, to enhance the residential appearance
of the site, Mr. Selby proposed landscaping the parking area so
that it would be hidden.
Mr. Annunziato asked how many people would need to be on the staff
if the school enrolled thirty children. Mr. Selby said three.
Although this was a public hearing, no one came forward with comments;
however, Chairman Ryder read a letter from Maryland W. DuVall, a copy
of which is attached to these minutes. The letter was in opposition
to the conditional use.
There was discussion among the members of the Board to the effect
that they were virtually stuck with a decision due to the fact
that they had essentially made %heir decision when they denied the
parking lot variance request.. Mr. Mauti indicated that he thought
an injustice was being done to'the applicant for which he received
support~ He suggested that perhaps the process should be restructured.
Additionally, he indicated that~he felt he could vote in favor of
the conditional use, however, obviousiy the facility would be operating
in violation of the parking code. Mr. Annunziato added that he also
felt there was a definite need for this type of facility, however,
this was just not the proper site.
With reservation, Mr. Linkous made a motion to deny this request and
it was seconded by Mr. Hester. The motion carried 7-0.
Zoning Ordinance Amendment
Proposed zoning ordinance amendments related to the
M-1 Light Industrial Zoning Classification.
Briefly, Mr. Annunziato said that because of so much previous
discussion, the Board is aware of what is in the ordinance, what
it provides for, the derivation of it and that most questions have
been answered, since this was in the working for about nine
months. Further, he indicated that the Board was at a point
where it could take definitive action and make a recommendation to
the City Council. For the benefit of the audience, he explained
7
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
that the changes ur additions proposed were the following:
1. Additional definitions -
2~~ Addition to general provision -
3. Addition to performance standards -
4. Almost a total rewrite of Section 8, M-1 District
Regulations
5. Addition to Section 11.1 providing for the status
of existing uses and structures; and Section 11.3
which provides for environmental review permits.
This entire issue was originally brought to the attention of the
City Council, and the Council referred it to the Planning and
Zoning staff wherein they were directed to prepare amendments.
In the preparation of these ordinances, a new way of looking at
uses in an M-1 district was reached. A detailed look was made
at the kinds of uses that existed, and what impact the future
M-1 uses would have on residential neighborhOods.
Several area workshOps were held to address these issues, and
comments were solicited from various people who live and do
business in the City.
Mr. Arnold Thompson, 1307 N.W. 8th Court, Laurel Hills, came forward
to thank all the members for their contributions, and time spent
on the issue. He indicated he was very pleased with the progress
that had taken place.
Mr. Clyde Worrell, 915 Palm Trail, Delray, was in opposition, as
he believed that the City was over reacting to the situation, and
he was not happy about the creation of a new committee (environ-
mental review). He was also concerned that some uses were
deleted.
In addressing Mr.. Worrell's fears that his existing business would
be unable to continue, one reason being the use of chemicals,
Mr. Annunziato assured him that they did
of business and that if he continued to u
fashion that was not dangerous there was
It was also pointed out that this portion
looking to address people who were abusin
that in fact this ordinance was protectin
mot want him to go out
~e the chemicals in a
no need for concern.
of the ordinance was
~ chemicals, etc. and
~ innocent people.
Mrs. Alice Quest, 1312 N.W. 7th Avenue, B~ynton Beach was under
the impression that the advertisement in the newspaper was not
in conformance with the proposed ordinance. Mr. Annunziato
explained'~to her that she was understanding it incorrectly
(i.e. the preamble) and showed her that in fact the two did conform.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
The public hearing was closed, and Mr. Linkous requested comments
from Mr. Anderson. Mr. Anderson, Executive Vice President,
Chamber of Commerce, answered Mr. Linkous' question about Florida
Power and Light in that they did not have any problem with some
of the performance standards and in fact did not have any
objections tO the proposed ordinance.
Motion for approval of the proposed ordinance was made by
Mr. Mauti and seconded by Mrs. Bond. The motion carried 7-0.
There was a brief recess and the meeting resumed.
Presentation
The Riteo Corporation is proposing to construct the Boynton
Beach Park of Commerce on lands'situated on both sides of N.W.
22nd Avenue between Congress Avenue and 1-95. This property
was previously proposed to be developed as the Sandhill residen-
tial development. The applicant has requested time on this agenda
in order to familiarize the Board with the project so that the
members can be involved in the planning process as this development
proceeds through the Development of Regional Impact process.
Mr. Annunziato introduced Mr. Barden who briefly gave a presentation
and said that although no work had begun, the team involved in this
development wanted to make itself available in the event there
were any questions.
Mr. Barden continued to say that the Park would be a Planned
Industrial District with a mixture of industrial, commercial,
office and recreational uses in a park-like setting on 543 acres.
Involved with this project would be a team of economic, planning,
engineering, and traffic consultants who would be working with
the Technical Review Board.
Speaking for the Board, Chairman Ryder indicated that they would
look forward to working with Mr. Barden and his team toward their
goal.
Subdivision
Master Plan
PROJECT NAME:
AGENT:
OWNER:
LOCAT I ON:
Meadows 300 PUD
Master Plan Modification
Julian Bryan
C&H Properties
West side of Congress Avenue between Hypoluxo
Road and LWDD #18.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
DESCRIPTION:
Request to modify previously approved tract
densities and unit types.
Because this was a modification, there was little discussion
addressing this issue, and Mr. Cannon recommended approval,
subject to staff comments. When Mr. Bryan concurred with the
staff comments, Mrs.. Bond made the motion to approve this request,
and Mr. Wandelt seconded. Motion was carried 7-0.
-SITE PLANS
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Meadows 300 PUD, Tract H and Private Park
site development plans
Julian Bryan
C&H Properties
Meadows Way at Meadows Boulevard
240, two story garden apartments plus recreational
facilities - 23.14 acres residential, 10.34 dwelling
units per acre; 7.35 acres private park.
The discussion addressing this issue was restrooms, street names,
unit numbers and handicap parking, none of which created a problem
for the applicant, other than a suggestion that Mr. Bryan dis-
cuss further the Building Official's comments to clarify the
intent. Mr. Annunziato recommended approval, subject to the staff
comments.
Mr. Hester made the motion to approve the request, and it was
seconded by Mr. Wandelt. Motion was carried 7-0.
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Meadows 300 PUD
Sign Locations and Details
Julian Bryan
C&H Properties
West side of Congress Avenue between Hypoluxo
Road and LWDD #18.
4 permanent entry signs and 2 temporary announcement
signs.
Mr. Bryan described these signs as being landscape lighting, the
permanent sign merely indicating the name of the project and temp-
orary signs directing traffic. He concurred with the comment
by the Utility Department, and Mr. Cannon recommended approval.
Mr. Linkous motioned to approve this request and it was seconded
by Mrs. Bond. The motion was carried 7-0.
10
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Commerce Center
Iraj Montazedi
Boynton Commerce Center, Inc.
Woolbright Road at 1,95, southwest corner
208,490 square feet of industrial warehousing
with ancillary office~facilities.
Mr. Cannon gave a presentation of this site and Mr. Wayne Gerl,
4499 Sanctuary Lane, Boca Raton, representing the agent came
forward and enumerated the staff comments that he would comply
with, but wanted to know what was involved in getting a special
inspector.
Mr. Annunziato explained that during the last legiS!at~v.e sessibn
a new statute was passed requiring a special site inspector for
buildings designated as "threshold buildings" This was
inaugurated as a result of a four-story building collapsing in
Coco Beach. Mr. Annunziato also stated that there would probably
be special fees to be paid in addition to site development
application fees. Since Mr. Annunziato was not completely familiar
with the details of this statute, and did not want to mislead
Mr. Gerl, he suggested that he speak to the Building Official about
this special inspector and for the benefit of the Board, he said
he would prepare a more detailed memorandum to be distributed at
the next meeting.
Mr. Mauti motioned that this request be approved, and it was
seconded by Mr. Wandelt. The motion carried 7-0.
PROJECT NAME:
AGENT:
OWNER:
LOCAT I ON:
DESCRIPTION:
Pyramis Professional Plaza
Digby Bridges & Associates, Inc.
for Gordon Ripma
William Winchester
Seacrest Boulevard between S.-W. 23rd-~and
S.W. 25th Avenues, west side
30,978 square foot office building
Mr. Cannon gave the presentation and the applicant, Mr. Bridges,
124 N.E. 5th Avenue, came forward to indicate that he was willing
to comply with the staff comments; however, he did want to appeal
the decision of the Building Office whereby he was no~ being permitted
to construct a parapet wall on the roof to conceal mechanical
structures.
Mr. Annunziato indicated that it was not within the scope of the
Planning and Zoning Board's authority to question the Building
Official's interpretation of the Building Code, however, Mr.
Bridges did have a right to appeal the decision, and he felt that
11
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
November 8, 1983
because this issue was raised, that the Board of Adjustment should
receive a copy of the minutes of this meeting.
Further, Mr. Annunziato pointed out that it could be recommended
to the Board of Adjustment that the parapet that Mr. Bridges is
requesting approval for, serves the same function as individual
screens; however, this would still be a matter between the
Building Official and the Board of Adjustment.
Mr. Bob Foot, 2400 S.W. First Street came forWard to address the
subject of drainage at this site, and the likelihood of Water
overflowing. As opposed to having a hedge along the west property
line, he suggested a wall.
Mr. Linkous indicated that a wall could very well present a
situation Wherein water would be trapped, however, Mr. Bridges
was willing to accomodate Mr. Foot. The decision was made to
substitute a wall for the hedge.
There was a motion made by Mr. Linkous to approve this request
subject to staff comments, and the substitution of the wall, and
the motion was seconded by Mrs.'Bond. The motion carried 7-0.
ADJOURNMENT
A motion was duly made for adjournment and duly seconded.
meeting properly adjourned at 10:40 P.M.
The
Barbara K. SchWertf~ger
Recording Secretary
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