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Minutes 02-23-82
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 23, 1982 PRESENT Simon Ryder, Chairman Garry winter, Vice Chairman Lillian Bond Ronald Linkous Ezell Hester Robert Wandelt Simon Zive Carmen Annunziato, City Planner Tim Cannon, AssiStant City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, the City Planner, Assistant City Planner, and the Recording Secretary. Chairman Ryder acknowledged the presence of Vice Mayor Walter "Marty" Trauger and Councilman Joe deLong. Should be 7-0. See 3/9/82 Minutes. MINUTES OF FEBRUARY 9, 1982 On page 16, under "SUBDIVISIONS, Maste~ 'Pl~an", Chairman Ryder referred to the first paragraph under the application of So. Palm Beach Commerce Park and said the last sentence of said paragraph should be changed to read as follows: "He said the Board might recall that what is involved is extending High ~Rid~e Road (not the orange grove) to match witch 22nd Avenue." Mr. Zive moved, seconded by Mr. Hester, to approve the minutes as corrected? The motion carried 5-0. * ANNOUNCEMENTS None. COMMUNICATIONS None. Chairman Ryder explained that "OLD BUSINESS;' was the next item on the Agenda, and it dealt with the two new ordinances on parking lots. They were the ones that took so much time at the l~&st meet- ing and had to be tabled. Following that on the '~Agenda are the' Public Hearings, which were advertised for 7:30 P. M., Chairman Ryder announced. Mr. Wandelt moved to defer the "OLD BUSINESS" until after the *Should Public Hearings. Mr. Zive seconded the motion, and the motion .... be carried 5~0.* 7-0. See 3/9/82 NEW BUSINESS Minutes. MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 PUBLIC HEARINGS: 7:30 P. Mm ABANDONMENT REQUEST Project Name: Agent: Owner: Location: Description: S. W. 2nd St. Abandonment Carmen S. ~nnunziato, City Planner Mary F. & Carl J. Shuhi S. W. 2nd St., South of S. W. 25th AVenue Abandonment of public right-of-way Chairman Ryder advised that the public hearing had been duly advertised, like other public hearings. People within the. vicinity of 400 feet of the location are usually notified so that anybody who is interested can come before the Board and be heard. Chairman Ryder further advised that people in the audience would have that opportunity tonight. Chairman Ryder informed the Board that the Abandonment Request was something that was not new to the Board or to the people in the audience, as it follows the previous request made by the Bethesda Hospital for a change of zoning to provide additional parking. The property to be so occupied is on S. W. 25th Avenue and west of S. W. 2nd Street, Chairman Ryder .continued. At the time the representa- tive of the hospital petitioned for the change, Chairman Ryder said they indicated that S. W. 2nd Street is 'another means'.~f access to the hospital from 23rd Avenue and they would not be opposed to closing the street. Subsequently, their application was denied by Council, Chairman Ryder advised, but what %he Council did do was initiate proceedings to proceed with the abandonment of S. W. 2nd Street; so what started out to be a-matter of possibly helping the parking problem at Bethesda Hospital now appears to lead to one in which there is no doubt i~ ~illbe~h~lpful in clearing up a situation . ~'--~ ~ that has existed for a long time. Chairman Ryder informed the Board that is the matter of not only access to the hospital by way of another route~but through traffic, possibly through 2nd Street by way of 1st Street and 24th Avenue etc. Chairman Ryder turned the hearing over to Mr. Carmen Annunziato, City Planner. Mr. Annunziato asked the Board to recall that just prior to the public hearing for the hospital's request for land use amendment and rezoning, the hospital submitted an abandonment request to abandon a portion of S. W. 2nd Street lying somewhat to the south of 25th Avenue. Mr. Annunziato~ had Tim Cannon, Assistant City Planner, point it out on the map. Following the Council's denial of the hospital's request to amend' the future land use element of the Comprehensive Plan and to rezone a parcel of land for the parking, the hospital did in fact withdraw their application, Mr. AnnUnziato continued. Following the direction given by the City Council, at that point Mr. Annunziato said he was instructed to prepare an application for abandOnment, seek the proper signatures, and bring it to a public hearing procedure, which he did. - 2 - mINUTES - PLANNING ~ND ZONING BOARD FEBRUARY 23, 1982 Mr. Annunziato called the Board's attention to the fact that he was the agent in this instance and that Mary F. Shuhi, Carl J. Shuhi, and Laura Benson are the adjacent property owners and had signed the application. To that end, Mr. Annunziato informed the Board that it had been processed as a typical abandonment request, and a request was made to the various City department heads and to the various utilities for cogent on this request. Mr. Annunziato referred to the memorandum aadressed to him from Tom Clark, City Engineer, dated February 16, 1982, which Mr. Annunziato said "pretty much" summarized the feeling of the City staff. Mr. Annunziato handed out a respgnse ~o the Board, wkich Was received from Florida Power & Light Company and dated February 16, 1982. To paraphrase the staff comments and respond for the utilities, Mr. Annunziato said there was a [eeling that a portion of S. W. 2nd Street lying between two plat'ted lots, ~being 8 and 19 and just that portion.. (which Chairman Ryder had Tim Cannon, Assistant City Planner point out on the map as being the southerly limit between there and 25th Avenue) could be recommended for abandonment if, and only if, the entire right-of-way were dedicated t° the City for utility purposes. Mr. Annunziato advised that there are several utilities that occupy that easement. Teleprompter gas company occupy it~i The ment~ for the~ various utititi Therefore, Mr. Annunziato sa superfluous, and the applica Board with the recommendatic abandoned if, and only if, t the City in the form of a ut the utilities. Chairman Ryd City will still in a sense c public right of way any more effect· the City would not c easement and utility purpose · Florida Power & Light Company, and the City also occupies~ a portion of~ the ease~ es, Mr.. Annunziato fur'ther advised. id the need for the e~tire fifty feet is tion comes to the Planning and Zoning n that the right-of-way, can be he entire right-of-way is returned to ility easement, w~ich would also protect er commented..that, in other words, the ~ that portion but it will not be a Mr. Annunziato advised that, in wn it but would have the right of use for Mr. Annunziato called attention to one other thing brought out in Tom Clark, City Engineer's memo, which he read as follows: "Additional right turns wilt be generated at S. W. 23rd Ave. and Seacrest when the S. W. ~2nd St. connection to the hospital is closed. Improvements to the right turn storage lane on S. W. 23rd Ave. will be required." Mr. Annunziato thought that was something %he Council would have to take Up in their deliberatiqns. Chairman Ryder said. the question was, ".Who is going to do it~" Chairman Ryder asked if Seacrest and 23rd were County roads. Mr~ Annunziato replied· "Yes." Chairman Ryder said that was all· tha~ was needed now becaUse if you wanted to make a right turn and you are behind a car that wanted to go through, you are stuck, and the traffic piles up. - 3 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Mr. Annunziato said if Chairman Ryder saw the need, he could go through all of the memos, but he said the Board had them all. Basically, they deal with maintaining existing easements, Chairman Ryder ascertained, and in no event can anybody build over the ease- ment areas because they have to be available for maintenance by various utilities that are involved both public and private utilities), He asked Mr. Annunziato if he just wanted to run through who they are. Mr. Annunziato advised that'the utilities currently occupying that portion of S. W. 2nd Street are the City, Teleprompter, Florida Power and Light Company,-and Florida Public-UtilitieS~ As he had not heard in writing from the telephone company, Mr. Annunzlato did not know whether they were occupying that right-of-way. Four or five, so to speak, are occupying that portion of the right-of-way, Mr. Annunziato continued. Chairman Ryder asked if what the City would actually be~'doing would be acquiring the easement area for the entire portion~ Mr. Linkous thought the telephone company would be in agreement with Florida Power and Light Company in that they use the same poles and facilities. Mr. Annunziato agreed. Chairman Ryder opened the meeting up to the public. He asked if any one wished to speak in favor of the proposal to abandon S, W. 2nd Street. Caesar Mauti, 150 S. W. 24th Avenue, Boynton Beach, had a few questions. He asked if t.he easements they were talking about~were over- head. Mr. Annunziato said in addition to the power company, the gas company has a buried facility, and the City has ~a buried water line and sewer. Mr. Annunziato stated there are overhead and .under- ground utilities. Mr. Mauti remarked that the abandonment will not take place if the City takes back easements. Mr. Annunziato told Mr. Mauti that was not true because there is a difference between a public right of way and a utility easement. A utility easement is there for the benefit of constructing and maintaining public utilities, not for access for right-of-way. Mr. Mauti was talking about ha.ving the road there, and asked if anything could be done to the road, such as putting in shrubbery or sod, or walls, or things like that. Mr. Annunziato was almost positive the answer would be yes, if the landscaping was placed in the areas which did not encumber the location of the water lines. Mr. Mauti brought it up because he said they have a very unique problem. As many times as they complain about the traffic and as many times as the people who live there have voiced their comments on the traffic and the sPeed,~ Mr. MaUti advised that if you leave it wide open without any barriers and without any indication that the road is closed, having an easement which no one can put any- thing on would almost constitute the same condition they have right now. Chairman Ryder did not know how Mr. Mauti was assuming that the whole thing had to necessarily have barriers. Mr. Annunziato could - 4 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 not answer whether there would be barriers. Generally speaking, Mr. Annunzlato informed Mr. Mauti, utilities (such as the City's Water Department} do not like to have their utilities fenced in because they have to get to them~and.maintain them. Chairman Ryder commented that it does not necessarily mean fencing, it might be posts. Mr. Mauti rephrased his question and asked if there would be any objections to anything such as shrubbery, lawns, or some type of sign saying "Dead End", or something to that effect. Mr. Annunziato did not think so. Chairman Ryder thought Mr. Mauti would have to take the matter up with Florida Power & Light Company and the City to see if they would have any objections to it. Getting back to the~easements and the only reason he brought the matter up, Mr. Mauti told the Board that whenever you have an ease- ment of ~any sort, there can never~ be an encroac ~hment on that ease- ment such as a fence or any obstruction. It must be-~clear so that trucks or whatever can go through on the easement, Mr. Mauti continued. He said they had it in the back of t. heir home. Mr. Mauti said they had five feet on each side of his land, which gives them ten feet to work with, and that means they can travel on that right-of-way to take care of the Florida Power &~Light Company power. Teleprompter is also overhead-. The only thing Mr. Mauti was concerned about was the sewer, water and gas. If it is a right-of-way, Mr~ Mauti pointed out, it must. be open. Chairman Ryder repeated that the intent was going to be to abandon it as far as the right-of-way for public use is concerned. He agreed that something will have to be done. Mr. Mauti reiterated that maybe some sort of a little barrier so they could swing around it could be there. Mr. Annunziato did not think the fine points of this had been worked out. He said the determination the Board was faced with was whether or not the street should be taken out of service as a public right-of-way. The determination as to whether the Council will abandon it or not will come up at the Council's public hearing. The issues as to what ~he right-of-way witt look like when and if it is abandoned Were something_Mr.-Annunzia~o could not specifically say. Mr. Annunziato thought the utilities would have to be accommodated, because they need to be. Mr. Mauti noted that Mr. Annunziato painted some pictures with black colors and some in bright colors. He said if it is painted in a black color, then they will not get what they are coming down to the City to achieve. The question in Mr. Mauti"s mind was there is an easement that could very well be minimized to a ten foot easement instead of a 25 or 30 fOot easement. He asked whether the City had investigated that area. Mr. Annunziato explained that it just so happens"tha%~the gas easement runs east and west. The remainder of the easements run north and south but in variable locations. Mr. Annunziato informed - 5 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Mr. Mauti that it is a 50 foot right'of-way that is encumbered north, south, east and west with utilities, and that is just the way it is~ They cannot change it unless somebody rebuilds a road to relocate all of those utilities, which Mr, Annunziato did not think was practical. Mr. Mauti agreed. Chairman Ryder did not know whether the Board could give any more assurance as to what the details were going to consist of. He said that right now the Board was acting on abandoning the street, Subsequently, Chairman Ryder continued, Council will have to act on it, so he told Mr. Mauti he could approach the Council on what he intended to do. Apparently, Chairman Ryder said it wilt require some kind of study on the part of the City and others. Basically, Chairman Ryder said, what they are trying to do there is rid the area of a so-called traffic nuisance. Mr. Mauti wanted a copy of the easements that are in the area. Mr. Annunziato commented that would be no problem. Chairman Ryder asked if anyone else wished to speak in favor of the abandonment. He asked if anyone wished to speak in opposition to the proposed abandonment. Chairman Ryder recognized the presence of Mayor Harmening, who entered the meeting. Mr. Zive pointed out that the subject %he Board was interested~in was of Closing the street. The subject was not abo~t easements, but the only thing Mr. Zive'heard was about easements. Chairman Ryder said easements were mentioned. Mr. Zive said many.-people there Were interested in whether they~were gOing to close the street or not close the street. Mr. Zive recalled that several weeks ago, the Board heard enough from those people that they wanted that street closed, so that was what Mr~ Z±ve thought the Board should discuss and talk about right now, not the easement business. As far as the public participation is concerned, Chairman Ryder said the hearing had been closed. As no one else wished to speak, it was back to members of the Board. Mr. Linkous thought in view of the discussions the Board had two or three weeks ago and ~he various comments made tonight, there certainly were no objections. Mr. Zive made a motion that the street be closed, subect, to.the rights~of~ways fo.r the'easements. Mr. Linkous seconded themotiOn~ Mr. Annunziato .aSked to'-'clarify the motion and said it' Should be subject to getting~t~e entire 50 fe~t as an ~easementi' Chairman. Ryder. said~the intent Should be made clear~.abou~ the .entire'fifty>fee~as ~an easement. Mr. Annunziato agreed it s~ould.b~, very clear.. Chairman Ryder repeated that the intent was to have the entire fifty feet be granted as a right-of- way. Mr. Linkous thought it would have to be subject to existing easements. Mr. Annunziato referred to Tom Clark, City Engineer's memo, which was quite specific. Mr. Clark recommended-that the entire fifty feet be retained by the City as a utility easement. Mr. Zive agreed to the motion being that the street be closed, subject to the entire fifty feet being retained by the City as a - 6 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 utility easement. Mr. Linkous also agreed. the motion, and the motionlcarried 7-0. A vote was taken on CONDITIONAL USE APPROVAL Project Name: Agent: Owner: Location: Description: Boynton Marine & Engine, Inc. Frank Capiglione Alvin Walker 3705 So. Federal Highway, Boynton Beach, Fla. New Boat Sales Agency Chairman Ryder announced that this was another' public hearing. He said the'property was located in the southerly end of the city, just south of Wendy's, and borders on the unincorporated area. Chairman Ryder advised that the zoning categor-y is Commercial C-3, However, as a permissive use in C-3, Chairman Ryder said the usage as a new boat sales agency requires approval, based on conditional use, which means that certain requirements have to be met with regard to complying with regulations and how the particular use will impact on the surrounding area and whether it will be in keeping or not in keeping with what is there. Al%hough it is ix a proper commercial category and does require conditional use approval, Chairman Ryder said the Board was obliged to hear the application. Chairman Ryder repeated that this was a public hearing and the people within 400 feet of the vicinity of this have been notified as to the hearing. Assistant City PlannEr Tim Cannon advised that the Conditional Use Application came to the Board with a positive recommendation from the Technical Review Board, subject to staff comments. The property was developed before it was annexed into the City sometime in 1980. The property was annexed along with Wendy's, wh~Ch_.~lies to the north, and also the site of the Gulfstream Professional Center. The property was previously developed as both a show room and lot and then vacated, Mr. Cannon further advised. The applicant wishes to take advantage of the fact that the property is already developed for boat sales by locating his business there. Presently, Mr. Cannon continued, there is a 3,000 square foot building on the site;.and it is surrounded by a 30,000 paved parking storage area. It is partially enclosed by a fence. Mr. Cannon pointed to the parking area, the fence, and some gates on the plan. He showed the driveways along the southwest. Mr. Cannon said the driveway about 14 feet wide lies partially on the proPerty the applicant is leasing. The property to the south is not in the City of Boynton Beach, Mr. Cannon advised, andJthat would be discussed in greater detail later. As far as the paved area within the fence, Mr. Cannon informed the Board that the area is used for boat storage. Parking requirements for the site are for eleven spaces, including one handicapped space, - 7 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Mr. Cannon continued. He said the applicant proposed to put in 12 spaces. There would be three spaces in the back for employees' parking. Mr. Cannon advised that the Landscaping Code requires a five foot landscaping strip along Federal Highway. The applicant has shown that, and the applicant is also providing additional land- scaping ~ against the fence, Mr. Cannon further ad. vised. The existing landscaping along the south side of. Wendy's and the pro- posed landscaping on the east side of the Gulfstream Professional Center would fill the applicant's requirements for land- scaping on the other side of the property. Mr. Cannon told the Board the only problem insofar as meeting the Landscape Code was on the applicant's south property line. Mr. Cannon advised that the Code requires the 2-1/2 foot strip along the south property line and requires just the planting of a hedge. However, Mr. Cannon continued, the applicant presently has a driveway there which is partially on the property to the south. Mr. Cannon said the applicant is being asked to replace.the paving with the 2-1/2 foot landscaping strip and'to plant a hedge, in order to meet the Landscape Code. However, Mr. Cannon said it was up to the Community Appearance Board to negotiate exactly where the strip has to be and whether the applicant has to rip up its driveway° Mr. Cannon stated that the Technical Review Board was asking the applicant to locate the landscaping strip there in order to comply with the Code. He said the applicant also has to locate his driveway 2-1/2 feet to the north in order to bring the entirely onto his property. Mr. Cannon read the following staff comments: Building Dept.: (Edgar E. Howell Building Official) "1. Plan submitted is not compatible with the City of Boynton Beach Landscape- Ordinance. 2. Safety inspection of building required for uses intended. 3, Subject to sewer capital facility charges being paid prior to connection to City of Boynton Beach sewer. Fire Dept.: (William D. Cavanaugh, Fire Inspector) "Ref: Fire Hydrant . .The closest Fire Hydrant avail- able does not conform to City Ordinance Subdivision requirements (~77-36). Provide Fire ' Hydrant for this lo- ,cation.'' Mr. Cannon pointed out that that would mean it would have to' be within 250 feet of the building. Engineering Dept.: (Tom Clark, City Engineer) "1. Existing elevations~ should be shown including eleva- LiOns in US~l~-and~adjacen~..P~operties, 2. The existing curb drop at the south limits will have to be relocated to accc~odate landscaping and because the driveway cannot occupy the adjacent property as shown. - 8 - FEBRUARY 23, 1982 MINUTES - PLANNING AND ZONING BOARD "3. Alterations to the existing curb drops will require D.O.T. permits. 4. To the extent possible, storm water from existing paved areas should be contained on site." Since the property is already paved,'the~.applicant would not be required to repave it to bring the drainage up to standard, Mr. Cannon advised. However, Mr~ Cannon said the City Engineer wanted to know, for his own information, where the water is draining-to so the City wants the applicant to show elevations on the property and also on the adjacent .property. Mr. Cannon told the Board that paragraph 2 referred to moving the driveway up 2-1/2 feet, and the third comment also concerned relocating the driveway Utilities Dept. (_Mark G. Law Utilities Systems Supervisor). "The Utility Department requires that a 10' utility ease- ment be granted for an existing on-site water main and that the building be hooked up to City sewers per State law. Sewers are available as shown on the survey submitted to the Planning Dept." Mr. Cannon showed the Board where the utility easement ran across the property and stated tha~ presently, the easement is between two private property owners. The Utilities Department is requesting that the easement be dedicated to the City of Boynton Beach. Police Dept.: "Subject to Stop Sign and Exit Only Sign." Mr. Cannon said the Police Department is requesting that they provide a one way drive for traffic. City Planner: "(1) Construct landscape strip on south; 2-1/2' with hedge. (2) Construct landscape strip on west and north; hedge not necessary." According to the LandsCape Code, Mr. Cannon advised if there is already an existing hedge provided by an adjacent property .owner, that hedge will fill the City's requirements for a hedge~ However, the applicant still has to provide the landscaping strip. Energy Coordinator: "Sodium vapor lighting." Chairman Ryder asked Mr. Annunziato if he had any comments on comply- ing with the standards for conditional use. Mr. Annunziato replied that they found that this conditional use, if approved, woUld not' violate any of the requirements in any of the standards as proposed in the Conditional Use Ordinance and poses no unrealiStic position on surrounding land uses. Chairman Ryder asked if any one was present to represent the appli- cant. Mr. Frank Capiglione, 715 S. W. 27th Terrace, Boynton Beach, came forward and said he was familiar with the City's requirements. Chairman Ryder referred to the space between the parking, which is immediately adjacent to the entrance, and asked Mr. Capiglione if he was going to use the existing building. Mrs-Capiglione replied, "Yes." - 9 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Chairman Ryder asked Mr. Capiglione if the space inbetween would be used for boat display. Mr. Capiglione answered, "No. On the north side, right now that is an empty parce~ and it does belong to the man I am leasing this from." Chairman Ryder wanted to know where the boats would be on display. Mr. Capiglione told'him, "In the fro~t yard, in front of the building~ on the east side." Chairman Ryder asked if he meant between the building and the. customer park- ing because the building is set back 700 feet from the highway. Mr. Capiglione said, "Yes." Chairman Ryder ascertained that Mr. Capiglione would be utilizing the building. He noted that presently, there is an entrance at the northern end. Mr. Capiglione replied there was an entrance at the Bo~thern end also. Chairman Ryder asked if that would be used for access also, Mr. Cauiglione replied, "Yes." Chairman Ryder noted there was also one at the south end. Mr. Capiglione replied, "Yes." Mr. Zive asked if it would also be for the sale of boats. Capiglione answered, "Yes." Mr. Chairman Ryder commented that he went down the driveway on the southerly line. There is a building to the south of there, but Chairman Ryder could not see where that led to anything else between here and Dixie~Highway. Mr. Annunziato wanted to address that because of all of the interesting things associated with the application. Mr. Annunziato said this would probably be the singularly most interesting. He said the driveway, which somewhat straddles the property lime and the City corporate limit line, appears to serve the gas station and also what appears to be a residence located behind the gas station. Then~there is a vacant lot west of there right to Dixie, Mr. Annunziato continued. He said the driveway goes from Old Dixie to U. S. 1. Mr. Annunziato said the City attempted a meag.er search of the record to see if they could come up with any recording of easements which would, in fact, make that a permanent driveway, offering access to one property owner or the other. In fact, Mr. Annunziato continued, they did it in connection with the Gulfstream'Professional Center. Mr. Annunziat© thought-the Board may recall that the Gulf- stream Professional Center was also confronted with the situation; and ~the southerly limit of their property is the s~me 'as the southerly limit of this property, and they will have landscgping to the City limit line. · ~ | Mr Annunziato informed the BOard that there is~ room on the private property owner!s property to the south of this line to construct a proper driveway. Whether .the private property owner has secured any restrictive easements over the y~ars was something Mr. Annunziato said the City had not been able to determine. Mr. Annunziato thought the importance of the' 2-1/2' foot landscape strip, which is a requirement in the Landscape Code, would serve to abrogate a good portion of the driveway as it serves the property. Chairman Ryder asked if the driveway was used for access. Mr. Capiglione answered ~'~is't~s~d~,~. and they intend to use it. Mr. Capiglione s~'£d, it'-is there, they would use it. - 10 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Mr. Capiglione thought it would be much better to put the hedge on the fence line. He would be giving up a~few feet of property but Mr. Capiglione thought it would be better to put the hedge there. Mr. Capiglione pointed out that people have been using the road for years and years by people who have lived here for years and years. Mr. Annunziato thought Mr~ Capiglione may be right that it may be a more proper location. However, Mr~ Annunziato said neither the Board n~r the staff has been given the authority to make that determination. Mr. Annunziato said Mr. Capiglione could apply for a variance through the Community Appearance Board to relocate the hedge to the fence line. Mr~ Annunziato said the ordinance does not provide for that relief without processing a variance through the Community Appearance Board. Mr. Annunziato asked Mr. Cap±glione if he was familiar with the staff comments and if he was willing to comply. Mr. Capiglione replied, "Yes, I am." Chairman Ryder asked if anyone else wished to speak in favor of the application for conditional use. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the application for conditional ~s.e. Mr. Dominick Tozzotino, 2706 North Federal Highway, Del~ay Beach, who lived right next door to the project, appeared before the Board. He said he was "the guy who has had the ~ouse ther.e for 34 years." Chairman Ryder asked Mr. Tozzolino if he meant the house in back of the gas station. Mr. Tozzolino said he "owned the-whole thing." Mr. Tozzolino told Chairman Ryder the house in back of the gas station was his house. He said, "There's a lot of mistakes you fellows made." Mrm Tozzolino did not know how the mistakes were made, but that was why he was at the meeting, Mr. Tozzolino informed the Board that the original deed had a 7-1/2 foot easement on both lots, which he owned at one time, in 1920. Then, about 1957, Mr.. Tozzolino said he sold the property to Mr. Dutch and made a ~equest to have that as a private road. Until today, i% has existed as a private road. The reason Mr. Tozzolino made it as a private road was for %he gasoline business, because there were no roads from Seacrest Boulevard to the Federal Highway. Mr- Tozzol'ino-said his son was going to school and had a car. He either had to drive up t 23rd Street or to 8th Street to go to~Seacrest High School, so Mr. Tozzolino put in the road and made it priVate~ At 'the beginning, Mr. Tozzolino said it was an easement, bUt now ±t is a private road. As to the drainage, Mr. Tozzolino had arguments before with the County about it. He said the front parking lo%~ is OK. It drains out in the street. Originally, when Mr. Tozzol£no built the road, he had a swale on the north side, where the water comes down and should go out to the street. Mr. Tozzolino said it had been re- paved twice and there is no more swale there. Chairman Ryder remarked, "Repaved?" Mr. Tozzolino meant asphalted twice. Chairman Ryder did not see too much-asphalt. Mr. Tozzolino told him he should dig it, and that it was paved at one time. It did - 11 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 not look paved to Chairman Ryder. Chairman Ryder noted that it terminated at Mr. Tozzolino~s building and later on, it is not paved at all. Mr. Tozzotino repeated that it was paved at one time but there were so many trucks-that used it, that it has been worn off. Mr. Tozzolino granted that there was not much on the road but, as he said, it is a private road a~yway for his family and the business for the gas station. Mr. Tozzolino again brought up the subject of drainage. He said the drainage in the back drains on through the road and onto his property. He said he did not care about-that· now. Mr. TozZolino said, "It was fixed because you fellows demanded'that landscaping thing which, to me, is absolutely silly ~because it's going to spend money landscaping the place, then you fellows are going to come this summer and say, 'LoOk, hey~ yo~u can"t use the water!' " Mr. Tozzolino asked, ,'Are you fellows going to pay for those plants that he put in there-~or are you just going to let them die?" Mr. Tozzolino said that was one thing he advocated five years ago. He told them in time to come, they would not have water in the ~State of Florida because too many people are coming down here. Streets are being built, and the water is not going into the ground to replenish the wells. It is going out on the pavement, into the sewer and out into the-ocean, he conti'n~ed~-~ Mr.. Tozzolino complained that nothing was ever said and nothing was ever done. Mr. Tozzolino thA~ asked the Board where east was on the map. He asked if east was U. S. 1 and if that was the 266 feet on U. S. 1, as shown on the descr±ption. Mr. Tozzotino exclaimed that the l~t is only 100 feet wide plus 66 feet on the other side. Mr. Cannon pointed out where the 266 feet was; and Mr. To'zzolino remarked, "All right, that's north and south of the property." Mr. Tozzolino commented that somebody ~ade a mistake. Mr. Annunziato assured him there was no mistake, as that wss the way the legal description reads. Mr. Tozzolino understood that Mr. Capiglione would be selling new boats and also old boats and ~he will have accessories in there. Mr. Tozzolino heard today (February 23) that the City intended to put trees on the plot line, which is right in the middle of the road. Mr. Tozzolino asked if the description of the property sho~ed what would be done on it. Mr. An~unziato wanted to know if Mr. Tozzolino was ta~king about the landscaping. Mr. Tozzolino was talking aboUt the south side of the proper~y and the private rOad. Mr. Annunziato replied that no trees w~re required but there would be a hedge required. Mr. Tozzolino wanted to kn~w where the hedge would be. Mr. Annunziato informed him it would be in the 2-1/2 feet adjacent, to the property line on the south, where Mr. TOzzolino's private road is. Mr. ToZzolino told Mr. Annunziato he could not put it on a private road. Chairman Ryder asked, "Are you able to maintain that~that private road is all his?" Mr. Tozzolino replied, "No, it was deeded that way when Mr. Dutch bought the lot." Chairman Ryder informed M~. Tozzolino that the applicant intends to use that for access as well. - 12 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Mr. Tczzolino replied, "That's all right. He owns that. It's 7-1/2 feet on my side and 7-1/2 feet on the other side. It ain't 14 feet. It's 15 feet~" Chairman Ryder asked if the applicant owned 7-1/2 feet. Mr. Tozzolino replied that was right. Mr. Annunziato told Mr. Tozzolino he would be "tickled pink" if Mr. Tozzolino could provide for him a copy of the document which makes that a private road~ because he thought if they could determine it was a road, they could move the landscapiRg, ~Mr. Tozzolino said he would get it for Mr. Annunz±ato. He said. he would go to the lady up at the Planning and Zoning Board that is up near the water works. He asked'what building was east of the water works and if it was Mr. Annunziato"s Board. Chairman Ryder informed Mr. Tozzolino where Mr. Annunziato's office was. Mr. Tozzolino said he would go to "that lady's office tomorrow" (February 24, 1982) and then he would go to Mr. Annunziato's office right after that. Mr. Tozzolino said the lady~'knows it and she knows that it is a private road herself. Mr. Tozzotino informed the Board that he had been looking for it and he could not find it toda~ but he had it the day'he showed it to Mr, Kipp's engineer or architect and told them, '!Hey., you can't put that thing over here on the road. It's a private road. You can3t do that:" Mr. Tozzolino said the man said, "I know it;" but then he looked it up and said, "You're right," so they had to'move it back. Mr. Annunziato thought there may have been an easement but he was not sure. He told Mr. Tozzolino if he could provide a document for the City, it would answer a loH of problems. Mr. Tozzolino replied, "OK. I'll get it." Mr. Tozzolino asked Mr. Capiglione if he was going to repair marine motors. Mr. Capiglione replied, "No." Mr. Linkous noted that Mr. Tozzolino said he requested a right-of- way. He asked from whom Mr. Tozzolino requested the righ~of~wa-y and was it at the time he bought it. Mr. Tozzolino was not sure, but he believed it was recorded as a private road. He said he would get the papers, as requested, and would go to the office and see the same lady and tell her to give him a photostatic copy Mr. Tozzolino reiterated that that has been a private road for a long, long time. In fact, Mr. Tozzolino continued, "To tell you the truth, I was the only man in the County of Palm Beach to have that road fixed after the school kids ruined it." He told how the school kids would use his road. Chairman Ryder told Mr. Tozzolino he admired the appearance of his house. Chairman Ryder asked if anyone else wished to speak on the matter. THE PUBLIC HEARING WAS CLOSED by Chairman Ryder. Mr. Annunziato recommended that the application be approved, subject to staff comments. He advised that if Mr. Tozzolino pro- vides documents for him, he.would be willing to modify the recommendation at the Council's public hearing. - 13 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Mr. Linkous moved to approve the application, subject to staff comments. The motion was seconded by Mr. Zive and carried 7-0. Mr. Hester moved, seconded by Mr. Linkous, to revert back to the regular order of business. Motion carried 7-0. OLD BUSINESS Proposed Ordinance replacing Section 5, Article 10 Parking Lots in its entirety (TABLED) Proposed Zoning Ordinance amendment concerning Section 11, Sub- section H, Provision of Off-Street Parking Spaces TABLED Mr. Linkous moved to removed the proposed ordinances from the table, seconded by Mrs. Bond. Motion carried 7-0. Chairman Ryder recalled that at the last meeting the Board did receive some input from members of the audience and eventually both matters were tabled so that they would be in a position to consider further recommendations or changes. He said the Board now had some additions or changes. Mr. Annunziato wanted to talk aboUt two things. One was in response to the issues that came up at the last public hearing and, secondlyr one response-was received from an external reviewer. Mr. AnnunziaHo advised that the major issues raised at the public hearing concerned handicapped access to parking lots. Mr. Annunziato asked Samuel Scheiner, Architect, who had brought up the issue of handicapped parking at the public hearing, to follow along with the Board as he went through the proposed ordinances. The first thing Mr. Annunziato said they did was to modify the "Objectives" statement of Article X. Parking Lots. Mr. Annunziato said it should read as follows: "(e) To provide for parking lots which are constructed in such a manner that the physically handicapped are not discriminated against." (f) To provide for stc~m water retention on-site." Mr. Annunziato said paragraph (e) is an objective statement, which is one of the things they are trying to do in the ordinance. He asked the Board to turn the page in the hand-out he gave them and referred them to "Section 5-141. Design Requirements" and said he modified "(j)" to incorporate a specific numerical requirement for handicapped parking spaces which, in this instance, is the actual base State requirement. Mr. AnnUnziato read the following into the record: - 14 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 "(j) Handicap Requirements - All parking lots shall provide parking stalls with proper signing consistent with the State Handicap Code requirements. For the purposes of this Article, the following minimum standards are hereby established: (1) The parking stall width for handicap designated stalls is to be twelve (12)feet minimum; (.2) The handicap designated parking stalls are to be located near building entrances; (3) Required ramps which connect the parking lot to the build- ing sba] 1 not exceed a 1 in 12 slope and shall be located in close proximity to the designated handicap parking stalls; (4) Parking stalls shall be reserved for the handicapped as follows: a. for the first 20 stalls - 1 b. for 21 to 100 stalls - 2 c. 2% for stalls in excess of 100 (Mr. Annunziato said that was the State' s standard.) (5) A 'Parking for' Handicapped' sign sb~ll be placed at each required parking stall. In instances where a conflict exists between the State Statute and the above mentioned minimums, the most restrictive regulation shall apply." Mr. Annunziato said t~ about who is ultimatel addressed in Section 5 graph to read as foll¢ "(b) Traffic Control for stop signs signs and info~ intended by the responsibility onto and/or thr signing may be traffic." e question that Chairman Ryder brought up y responsible about' traffic control is -141 (b'). Mr. Annunziato reworded that para- ws: - Each pa~.~ing tot traffic plan shall provide ~t exits, d~ectionx%l arrows, internal traffic nation signs where appropriate. It is se regulations that the applicant retains the for the proper and efficient movement of traffic Dugh the si~e and that additional or optional required to accc~plish the safe movement of Mr. Annunziato pointe( out that "Exhibit A" would have to be added to all of the parking stall dimension sheets. He advised that that concerned the Pa~king Lot Construction Ordinance. He further advised that one othe~ thing needed to be appended to that. Mr. Annunziato said another picture had been prepared, which would ~ Provide a graphic representation of what a handicapped parking stall looks like. Chairman Ryder asked if Mr. Scheiner had an opportunity to review it. Mr. Annunziato replied that Mr. Scheiner did but he had not seen the picture, but they took a lot of the information from the picture Mr. Scheiner gave them. With regard to Off-Street Parking, Mr. Annunziato informed the Board that an additional paragraph had been prepared for page 2 - 15 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 as follows "There shall be provided off-street handicapped parking spaces consistent with Section 5.141 (j) (which Mr. Ann. unziato said was the Section they were proposing) of the Boynton Beach Code at the time of the erection of any structure or the enlarg~ent of any structure." Mr. Annunziato advised the Board that that somewhat amplified the handicapped issue in the Off-Street Parking Code. Chairman Ryder thought the additions were of extreme'importance, particularly the handicapped. By spelling it out, it leaves no doubt, -Chairman Ryder commented. Mr. Annunziato was disappointed that they only received external comments for the review of the ordinances from Rick Rossi, Professional Engineer, who, Mr. Annunziato thought all of the Board members knew. Mr. Annunziato expressed that he highly.-respects Mr. Rossi. With Mr. Rossi's permission, Mr. Annunziato had his comments typed, and he went through them with' the Board. Mr. Annunziato said he reviewed the comments with Tom Clark, City Engineer, and Bud Howell, Building Official, who are really involved in parking lot construction. -~ Article X. Parking Lots Under Section 5-138. Scope, Mr. Rossi proposed that the wordS, "by an area that exceeds the total building by 10% of any given year", be inserted between the words, "enlarged" and "the'! on the fifth line. Mr. Annunziato said that meant that'for a~minor enlargement of (for example), a shopping cente'r, a person would not have to redevelop his parking lot in any year unless the addition exceeded the total square footage by 10%. Mr. Annunziato advised that the staff favors Section 5.138 as proposed, where you cannot make any modifications to your building unless you bring it up to Code. Mr. Annunziato advised that it was a policy that exists in ~he Landscape Code, as the sod cannot even be modified-unless the landscaping is brought up to Code. Mr. Annunziato further advised that it was consistent with most of t~e Building Codes also. Of course, Mr. Annunziato continued, if there are changes in occupancy, you have to change whatever is inconsistent with the occupancy, Chairman Ryder questioned Mr. Annunziato as to their recommendation. Mr. Annunziato said their recommendation was that Mr. Rossi's proposal not be adopted. Mr. Rossi suggested, under "Section 5-1.39. it be changed to read as follows: 'Objectives, (e)" that "(e) To provide for the required storm water retention on-site." Mr. Clark felt that' it was more appropriate as written, as it is more general in term, and objectives should be general in terms and not specific, because "'required-" has connotations which deal with South Florida Water Management District. Mr. Annunziato said it was an objective statement, which speaks to what they are trying to accomplish. - 16 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Section 5-141. Design Requirements (d) concerned "Curbs and Car Stops", Mr. Annunziato informed the Board, At the end of the para- graph, on the 4th line, after the word drainage, Mr. Annunziato said the following should be inserted: "and maybe c~ittedwhere concrete wheel stops are~providedintheparking stall.!' Mr. Annunziato advised the Board that staff was in agreement with this recommenda- tion. As initially written, Mr. Annunziato explained that all landscaping in a parking lot would have to be curbed. As proposed, especially if they are requiring curb stops with each parking space, the need for a raised curb itself may become superfluous. Mr. Annunziato said the staff concurred, as they tho~ght~it-may.be one way to make it a little more economical to construct a parking lot and still accomplish the same end. Chairman Ryder said it would serve the same purpose of protecting the landscaping and also the cars. Mr. Annunziato called attention to where it says, "concrete wheel stops are prOvided.'' He advised that if, for example, at the end of the parking stalls therewould not be~concrete curb stops, then it would be required. Mr. Annunziato told Chairman Ryder staff thought it was reasonable. On page 3, (f), the 6th line, Mr. Annunziato requested that before the word "asphalt", the words "~Type II" should be inserted. Mr. Annunziato explained that Tpye II was a form of asphalt which they concurred with. Under Section 5-141 (g), (2), Mr. Annunziato said'the Wo~d'?'fifteen (15)" was changed to "twenty-five (25)" Mr. Annunziato said the staff concurred with the recommendation. He informed the Board that would exceed the DOT standard. Mr. Annunziato requested that the words "right-of-way" should be deleted from Section 5-141 (g), ~(3). Mr. Annunziato stated the paragraph should read as follows: "(3) No parking lot driveway may be constructed closer than thirty (30) feet frc~ the right-of-way lines intersecting along local streets.."' Mr. Annunziato pointed out that the way it is written, it is not clear as to what they are trying to accomplish. The way Mr. Rossi proposed, it means with the intersection of the right-of- way lines, which makes sense to the staff. Section 5-141 (g) (5) was changed to read as follows: "(5) There shall be provided a safe and unobstructed distance of eighteen (.18) feet in length between the side of a parking stall and each of the following:" - 17 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Section 5-141 (k) Parking Lot Striping: Mr. Rossi proposed that they paraphrase building single lines as opposed 'to double lines. The staff was not in favor of that. Mr. Annunziato asked the Board to recall that&s a part of the ordinance, it was ~recommended that they go from tel to nine stalls. Mr. Annunziato informed the Board that stafz felt the double painted stripe will channel cars in~o the center of the parking stall better than the single stripe, ~herefore, allowi]~g the proper distance between buildings. Mr. Annunziato ~sked the Board to recall that in one of the pictures that t]~ey drew, one of the alternatives for curb stop~ was a standard they proposed where you could use one concrete curb stop to be shared ben,ween two parking stalls. Mr. Rossi did not think that was a good thing to do because he found, in his analysis, that if you hit that stall with one wheel, you can kn~k your front end oUt of alig]~ment. Mr~ Annunziato ~said M~ Rossi suggested that it be deleted a: a standard, Mr. Annunziato noted that there seemed to be some trut] to Mr. Rossi's comment that if you hit a standard one way, your wi eels can be knocked out of alignment. Mr. Wandelt remarke~! that it was less expensive. Mr. Annunziato replied that there were half aS<many,curb stops. Mr. Annunziato ~dvised the Board that that completed his review, Chairman RYder ~ished to sum up the recommendations and lock them all together. {e read the paragraphs suggested for change as follows: 5-141 d) The Board will go.with that. .f~ That is all right too. [g) (.2) Fifteen (15) to twenty-five (25). [g) (3) [g) (5) Mr. Annunziato ~dded, "And the general comment at the bottom." Mr. Annunziato [urther advised that he would like to have in the vote ~ ~ a~reco~endation that the Parking Lot Proposed Ordinance~be adopted into. orOinance form by the City Council, as amended. Mr. Annunziato said it should be formal and suggested the Board take each proposed ordinance separately when v°~ing. ! Mr. Hester move( replacing Secti~ ordinance form The motion carr: that the City Council approve Proposed Ordinance ~n 5, Article 10, Parking Lots in its entirety,~in ~ith modifications. Mr. Zive seconded the motion. led 7-0. Mrs. Bond moved Ordinance amen~ of Off-Street Parking Spaces in ordinance form, as amended. Linkous seconded the motion, and the motion carried 7-0. that the City Council approve Proposed Zoning ~ent concerning Section 11, Subsection H, Provision Mr. Mr. Zive suggested Rick Rossi be commended for his interest in the parking regulations. - 18 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Before the Board adjourned, Chairman Ryder stated that the Board had just concluded a period of fourteen months of deliberations on what Chairman Ryder considered the City's most~vibrant functions, that is, the ear~ly growth and development of the City. Chairman Ryder told the members of the Board that the City was indebted to each of-them for their diligent attendance at all meetings and for the many hours that they had contributed. He stated that the Board, in turn, was indebted to the City Planning Department; Carmen Annunziato, City Planner; and Tim Cannon, Assistant City Planner, for the input and direction which enabled the Board to form their opinions and decisions. Word "not" should be deleted. See 3/9/82 Chairman Ryder further stated that~the 'Board was also indebted to Pat Ramseyer for her faithful reporting of the meetings. Finally, Chairman Ryder said that unless the new Council fails to act on constituting the new Board, the terms of the Members would not*be concluded. Chairman Ryder offered his thanks to all of the members for their aid and cooperation. Mr. Annunziato suggested (and said he would find out) but he thought the terms would probably run until the new appointments are made. Chairman Ryder thought they were normally made right Minutes. after the new Council comes into office. If so, Chairman Ryder told the Board they would get the usual notice. Mr. Annunziato noted there was a' time element, which he thought was about a three week period. Chairman Ryder observed that the Council would meet on March 3rd and the Planning and Zoning Board would meet the following Tuesday (March 9). Mr. Linkous commented that it was a pleasure working with Chair- man Ryder and the whole Board and Pat Ramseyer, Recording Secre- tary. He said he had occasion to talk to Carmen Annunziato and Tim Cannon many times and appreciated their help. Pat Ramseyer, Recording Secretary, told Chairman Ryder that Chair- man Ryder was about the nicest Chairman she ran into, as she was "scared to death" when she first started working for the City, but Chairman Ryder always gave her the names and helped her. She did not know if-she was supposed to say anything but expressed her feeling that it was one of her favorite Boards. Chairman Ryder commented that the Recording Sec~etar'y "had a tough one to follow, as she did a great job." He said Mrs. Ramseyer also did a g~eat job, even though she thought High Ridge Road sounded like "orange grove." Mr. Hester said he came on the Board late and enjoyed working with all of the members on the Board on meeting nights. Mr. Hester advised that when he came on the Board this time, Mr. Annunziato provided him with the information that he needed, and he had enjoyed working on the Board. Mr. Wandelt thought all of the members did. ADJOURNMENT Mr. Zive moved to adjourn, seconded by Mr. Wandelt. carried 7-0, and the meeting adjourned at 8:45 P. M. The motion - 19 - MINUTES - PLANNING AND ZONING BOARD FEBRUARY 23, 1982 Respectfully submi%ted, - 20 -