Loading...
Minutes 10-13-81MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 13, 1981 PRESENT Simon Ryder, Chairman Gary Winter, Vice Chairman Lillian Bond Ronald Linkous Simon Zive Ezell Hester ABSENT Robert Wandelt (.Excused) 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 and informed everyone that Mr. Wandelt was out of town. Chairman Ryder also introduced the City Planner, Assistant City Planner, and Recording Secretary, He noted the presence of Councilman Joe deLong in the audience. MINUTES OF SEPTEMBER''22, 1~81 Mr. Zive moved to accept the minutes as presented, seconded by Mr. Linkous. Motion carried 6-0. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. NEW BUSINESS A. Public Hearings: Subdivisions: Site Plans: Project Name: Agent: None None Bu~ger King Corporation Bill Rodriquez MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 Owner: Burger King Comporation Location: Boynton Road, West of COngress Avenue Description: 86 seat Burger King Restaurant with drive-thru facilities Chairman Ryder informed the Board that the location was on the N, W. corner of Boynton Road or N. W. 2nd Avenue and Congress Avenue. It is on the north side of Boynton Road and on the south' side is the Boynton Plaza. Chairman Ryder pointed out that it was several hundred feet west of Congress where there was a Shell station, some stores, the radio station, and then the un'developed parcel which is immediately east of the City lift station. Tim Cannon, Assistant City Planner, presented the plans. As Chair- man Ryder mentioned, the restaurant would be located east of one of the City's master sewage pump stations. The owners were advised by Perry Cessna, Director of Utilities, that odors do periodically emanate from the pump station, but the people from Burger King have no objections to that. Mr. Cannon stated that the site has two access points, Both access points are ingress and egress~ and the applicant has agreed to widen the existing access road. The application had been reviewed by the Technical Review Board and came to the Board with the following recommendations: Building Dept: 3. 4. 5. 6. 7, Board of Health approval required. Hotel & Restaurant commission control number required, Must meet landscape and tree ordinance, Department of Transportation turn-out permit required. Walk-in cooler must be twenty feet' (20') from rear lot line. City sidewalk located on private property, re- locate to public property. Thirty-six (36) approved parking spaces allows for twelve (12) employees and ninety (90) seats. Proposed signs must meet sign ordinance and requires separate permits." City Engineer: "1. Seven feet to be dedicated to Palm Beach County for S..R. 804 right-of-way, 2. Turnout to be approved by the County Engineer. 3. Pavement widening in 30 ft. right-of~way to comply with City standards." Police Dept, "Subject to stop signs at exits." Energy Coordinator: "Recommend energy-efficient sodium vapor lighting." - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 Carmen Annunziato, City Planner, believed the landscaping met the Code. Vice Chairman Winter'wondered why anyone would want to use the westerly entrance. Mr. Annunziato explained that eastbound traffic would only have access at that location, The drivewa~y which forms the western border of the property is a publicly dedicated right-of- way. It extends southward from New Boynton Road behind the shopping center. Chairman Ryder pointed out that there was a median there that ends about where the access would be and if they went east of that point, there would be no way Of getting in. Bill Rodriquez, Engineer, Burger King Corporation, 9300 South Dade- land Boulevard, Miami, Florida, came forward. Mr. Rodriquez referred to the Building Department's comment No, 6 and advised that the city sidewalk had been relocated to public property, Mr, Rodriquez advised that the sidewalk, as shown on their site plan, would be the final location after the road'widening is accomplished. If the sidewalk is relocated according to the comments, it would have to be torn out and rebUilt after the road widening takes place, Chairman Ryder asked if that meant because of the additional width and dedication to the County for 804, then the sidewalk would be put back into the public right-of-way. Mr. Annunziato added that the application had been presented to the staff five weeks ago and one thing that needed to be addressed was the future widening of State Road 804 and what it meant in terms of the site. The seven feet for 804 was not accommodated as initially received, and the applicant took back his plans, modified his plans, and put his south property plan seven feet northward, where it presently exists, thereby causing the sidewalk to be located in the right-of-way that is to be dedicated. Chairman Ryder asked Mr, Rodriquez if he had any objection to being adjacent to the lift station. Mr. Rodr±quez did 'not believe the odor emanating from the lift station would create any hardship. Chairman Ryder explained that the lift station was part of the sanitary sewage system, and its function is to bring the sewage that ~s collected, which is usually at a lower level, pumps are provided to raise the sewage to a higher level and after that it continues on to the treatment plant. The treatment plant is in the south part of town, also off of Congress Avenue, in the City of Delray Beach, The sewer line runs along the westerly line of Congress Avenue from the lift station down to the treatment plant. There are times when an Odor is prevalent. Chairman Ryder informed Mr. Rodriquez that the City has had problems in connection with the refill treatment plant. The plant services Boynton Beach and Delray Beach and other satellite towns. The treatment plant was started before Pines of Detray North came in and there has been a great'deal of pressure exerted by both Delray Beach and Boynton Beach. There have been complaints, and the City has resorted to considerable expense in an effort to alleviate the situation. Chairman Ryder wanted to be certain Mr. Rodriquez was aware of the problem. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 Mrs. Bond asked if the Board_of-Health would'check into the l±ft station before giving its approval. Mr. Annunziato coUld.~not answer Mrs. Bond's question. Mr. Zive wondered about the landscaPing, Mr. Rodriq~z said they had a landscaping plan. There will be trees and hedges along the westerly property line. There is a five foot landscaping'strip adjacent to the building. Mr. Annunziato advised that the overall staff recommendation was that the plans be approved subjectto comments. Mr. Rodriquez agreed with the staff comments and he stated he understood about the side~ walks. Mrs. Bond wondered about the public eating food there. Chairman Ryder felt the Board shoUld call the Council's attention to the fac~c~'~that~if~iit would create a nuisance, the City should be held harm- less of any action or expense which might be required 'to alleviate any such nuisance, Mr. Rodriquez said it was a whole different thing between a lift station and a treatment plant. A treatment plank is a treatment plant and the sewage water has to ~be aerated, so-the odor is more constant. A lift station concspt has a buil'ding over it. Chair- man Ryder called attention to the fact that a lift Station is vented, Mr. Rodrique.z continued that it is vented but it does have pro- visions to eliminate Odors. Mr. Rodriquez and members of Burger King Corporation had been there, and at no time at all did they find an odor emanating from the facility. He did not believe it seemed to create a problem for the businesses in Boynton Plaza, which would be right across the street. Chairman Ryder said Boynton Plaza was not that-close and the restaurant at Boynton Plaza was further south, Mr. Ryder also said the weather has to be right. The winds are from ~the east, but some- times the winds come from the west, and that is when there would be a problem. Mrs. Bond asked if all of the eating would be indoors. Mr. Rodriquez replied that all of the eating would be indoors, but there would be window service to the cars. He said there would be about 100 feet from their building to the lift station, Mr. Zive pointed out that if the City should decide to increase the size of the lift station, Burger King should not have any objections. Mr, Rodrlquez commented that it was City property, but Mr. Zive was looking into the future, as the City has enough trouble as it is. Mr. Annunziato thought the applicant understood the City's interest and concern, - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACHf FLORIDA OCTOBER 13, 1981 Mr. Linkous commended Chairman Ryder on the way he covered the matter and put the applicant on notice of the situation, which he felt they should be apprised of, He felt Chairman Ryder did an excellent job. Mr.'Linkous moved to approve the plans, subject to staff comments. The motion was seconded by Mr~ Zive and carried 6-0. Project Name: Agent: Owner: LoCation: Description: Dolphin Plaza See owner Chris Francois 115 South Federal Highway, Boynton Beach, Fla. 5,147 sq. ft. retail facility Chairman Ryder informed the Board that the location was where the Phoenix is, on the west side of Federal Highway, just south of Ocean Avenue. He stated the zoning category Was appropriate for the use. Mr. Cannon presented the planS. He said the plans come with the recommendation that they be approved, subject to staff comments. M~, Cannon checked the zoning and it conformed to all requirements. Mr, Cannon felt it would be well-suited to its location. Traffic would enter the main parking lot either from First Avenue or from the alley to the north. Both access points would also serve as exits. There would be four parking spaces.to the rear of the building and a one way drive would service the parking spaces, Mr. Cannon read the staff comments, as follows: Engineering Dept.: "Subject to larger pipes with drainage eleva- tions.'' Police Dept,: "Subject to stop signs at exits." Public Works Dept.: "Power lines interfere with safe operation of dumpster. Might possibly move locations." Mr. Annunziato believed there would be two alternatives. One would be to increase the vertical dimension that the power line is relative to the ground, that is to. raise it. It would have to be coordinated with the Florida Power and Light Company, and Mrs. Annunziato did not know whose expense it would be. Mr. Cannon pointed out the outline of the existing building. Mr. Winter felt it would be easier to locate the dumpster in the S~ W. corner, Mr. Annunziato disagreed because you cannot get to it without being out in.the street. Mr. Linkous explained there would not be enough room ~between the parking space and right-of-way, - 5 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 Chris Francois appeared befor~ the Board and advised that her dad owned the property. 1/2 of the building would be used for an office supply store and her brother would occupy the other store, dealing with TVs and video. There will be six stores; two will be oPerated by the family, and the other four will be rented out. Mr. Zive was glad the Golden Phoenix will be taken down. Chairman Ryder asked if Miss Francois agreed with the staff comments. She agreed with the drainage and felt it should be improved upon, as everything comes down from 4th Street. Mr. Annunziato suspected there would be some improved swale drainage when the site is completed. Mr. Annunz±at© asked Miss Francois if she understood the problem with respect to power lines, as'it was important. Miss Francois was thinking of having 'the Florida Power and Light Company move the poles. She felt the power company..would cooperate. Mr, Annunziato doubted that Florida Power and Light Company would assume any expense. Chairman Ryder asked if there were sidewalks on Federal Highway. Mr. Annunziato said there were sidewalks there, and the sidewalks on First exist on the plan. Mr. Zive asked about the landscaping. Miss Francois replied .they would like some nice landscaping and.flowers. Mr. Zive did nott want an eye sore to Boynton Beach. Miss Francois said her dad intends to maintain the property. Mr. Linkous felt the power l±nes would be the only obstacle, Miss Francois hoped it could be worked out, Mrs. Bond thought Florida Power and Light installed underground wires and was told they do for a price. Chairman Ryder asked~ about the elevations. Miss Francois said the building would be s~milar to First'Federal,s building at the corner of 15th Avenue, by K-Mart, Mr, Annunziato explained there would be stucco bands along the buildin~g with windows on the front, and there would be doors on the east and north sides. Colored metal machinery s~i-~l~s~ will screen the mechanical equipment~ on the roof. The air Conditioner is on the roof and a decorative metal wall will screen.it. Mr. Zive moVed to approve the plans, subject to staff comments, seconded by Mr. Hester. The motion carried 6-0. Mr. Annunz±ato asked Miss Francois if she understood the staff' comments and agreed to comply with them. She replied, "Yes". - 6 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 Project Name: Agent: Owner: Location: Description: Southern Bell, Boynton Beach Central Office (addition) Rod MacKenzie Southern Bell Telephone & Telegraph Company 221 S. E. 4th St., Boynton Beach, Fla, Southern Bell Switching Facility Chairman Ryder explained that this was an existing building, diagonally across from the Flagship Bank on 4th Stret. The appli- cation calls for 'a second floor addition to the existing building. Mr. Cannon presented the plans and advised that Southern Bell was proposing an addition of 8700 square feet. The pla~ were reviewed by the Technical Review Board and came with the positive recommenda- tion that they be approved subject to the staff comments. Mr. Cannon explained that S. E. 1st Avenue runs along the north edge of the property and S. E. 2nd Avenue runs along the south edge of the property. S. E. 1st Avenue is uart of the parking lot, and S. E. 2nd Avenue is unimproved. There is a dirt road there right now. The height of the second story addition would be 28 feet, which would be within the 45 foot limits of the district. Traffic would enter from S. E. 4th Avenue and leave the site onto S. E. 2nd Avenue. The City's parking ordinance does not address parking requirements for telephone switching facilities, so the Planning and Zoning Board has to recommend parking requirements. The applicant planned for 16 spaces, which Mr. Cannon felt was reasonable in view of the fact that the facility would be almost entirely occupied by machinery and have no more than eight employees. The site is presently being used for the storage of telephone company trucks but it will no longer be used for the storage of trucks once the addition is completed. The staff comments are as follows: Engineering Dept.: "S, E. 2nd Avenue is to be improved. Road plans to be submitted for approval along with cost estimate for determination of performance bond to be posted prior to getting a building permit." City Planner: "Screen dumpster." Mr~3Annunziato informed the Board that the application had been tentatively revieWed by the staff in early summer. In the interim, the Landscape and Tree Ordinances were approved. What the Board now sees is the result of the Landscape and Tree Codes, There is land- scaping in the rear and additional landscaping to the north, - 7 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 Chairman Ryder asked if 2nd Avenue would be paved. Mr. Annunziato replied that was Mr. Tom Clark, the City Engineer's recommendation. He thought the Board had adopted the policy in the past req~uiring road pavement where a site plan is adjacent to and in fact utilizes an existing road right-of-way which has never been improved by the public. Chairman Ryder then asked about the sidewalks on~2nd Avenue. Mr. Annunziato answered that they would.have to be constructed consistent with Code. Gary Winter wondered who would pay for improving 2nd Avenue a~d Mr. Annunziato said it would not be the City. Mr, Winter noted that the comments from the Engineering Department said, "S. E. 2nd Avenue is to be improved"~ but did not say by whom. Chairman Ryder said it was a ~ecommendation to the Board. Mr. Linkous thought S. E. 2nd Avenue was a deadend street. Mr, Annunziato said he was correct. It crosses the railroad and there is no railroad crossing, Mr. Linkous said it seemed a waste of money to pave a stretch of about 200 feet, Mr. Annunziato added that there would be public utilities which would utilize the street and it had been the'Board.'s position in the past that if you utilize a public street, that it should be improved, consistent with the construction. Mr. Winter noted the street would also serve to the south. Chair- man Ryder felt the Hoard should adhere to a policy where sidewalks and roadway paving should be required an~d furnished.by the applicant. Mr. Annunziato remarked that situations similar to this existed on the west side of the railroad, south of here, in the small-industrial area where the City had warehousing development ad~jacent to unimproved rights-of-way whic~ were to the east of 3r~ Street and the railroad track. At least two rights-of-way were constructed by the applicants to conserve their property. Both halfs of the street will be constructed at the same time. The applicant would have to improve the street to serve his property, Mr. Annunziato explained. Chairman Ryder felt the Board should adhere to a policy that is consistent. Chairman Ryder requested Rod MacKenzie, Building Engineer for Southern Bell, to come forward. He advised that only eight people would be there, the average would probably only be about four people. Looking at the vast site for parking, Mr. MacKenzie said the south side could be blocked 'off and have it as a turnaround. Mr. MacKenzie agreed with Mr, Linkous that it seemed a waste of money that they should pave a deadend street when there would only be a maximum of eight employees. Mr. MacKenzie said the buflding is being used as a temporary maintenance area and they were planning to build a new location west of Boynton. on Congress Avenue. Chairman Ryder said if the City cannot ask Southern Bell to tidy up the location, who could they ask. Mr. MacKenzie said they would be - 8 - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1981 tidy but did not want to get involved with paving ~he road. Mr. MacKenzie told Chairman Ryder they did not want the road and they would not use it. Chairman Ryder pointed out that they show access there now. Mr. MacKenzie acknowledged that they were using it as it is a road. Mr. Annunziato explained that the staff reviewed the plan, subject to the road being shown as being used. Mr. Annunziato said~the Police and Fire Departments would want to continue their review of the request since the applicant is thinking of~closing that drive- way. Also, Mr. Annunziato said the issue of garbage collection should be addressed. The City cannot turn a garbage'vehicle the way the site is designed now without some modifications, Mr. Annunziato further advised-that since Mr. MacKenzie is saying he wants to close the driveway, he would be compelled~o ask the Board to lay-the matter on the table so that the staff ~could continue their review. Chairman Ryder advised it was laid out as a public street and if it is not paved at this point, when would it be paved, Chairman Ryder felt there was a need for the street, he was lam±liar with it, and had crossed the tracks at that point. If the street is not paved, there will not be proper drainage, walking through mud, sanitation, and even the emergency vehicles would have a problem. Mr. MacKenzie confirmed that Southern Bell was being asked to pave the street and provide sidewalks, Mr. MacKenzie informed Chairman Ryder that Southern Bell felt they did improve the appearance.of the property but never thought they would be responsible for paving the street. Chairman Ryder asked Mr. MacKenzie if the roof stru~'ture was adequate to take a second floor. Mr. MacKenzie replied, "Definitely". Chairman Ryder asked him to provide proof-of that to the Building Department, Mr. MacKenzie told Chairman Ryder Southern Bell has architects that checked the building out. The total roof will not be done, The other portion is not designed for a second story, but the newer portion is, Chairman Ryder asked if machinery and equipment would be on the second floor. Mr. MacKenzie answered it would be relay equipment, which is relatively light. It would take a maximum of about 150. Mro Zive wondered if they may decide later that they want ten employees. Mr. MacKenzie advised there would be no way, as it is an equipment building. They will probably normally have about two people on each floor. There could be a maximum of four on each floor. Mr. Zive thought the landscaping was beautiful and Mr. MacKenzie remarked that now they are expected to landscape the street. Mr. Zive emphatically stated that anything built in Boynton Beach should help beautify Boynton Beach. - 9 - PLANNING AND ZONING BOARD B©YNTON BEACH, FLORIDA OCTOBER 13, 1981 Mr. MacKenzie informed the Board that Southern Bell will conform with the requests of staff, as they have to build the building and he is three months' late now. He asked Mr. Annunziato to expedite their building permit. Mr. Annunziato told Mr. MacKenzie to get his plans together, and that it would be coming up next Monday night (.October 19,- 198t). The plans will be acted upon as quickly as possible. Mr. Annunziato told Mr. MacKenzie the City felt Southern Bell had done a fine job in improving the property. Mr. MacKenzie said if the City had asked them sooner, they would have improved it, but no one had told them they. had an unattractive site.~ Mr. Annunziato replied that the City did not have an ordinance that required landscaping before. Chairman Ryder advised Mr2 MacKenzie he was "over the hump", it will go to Council next week, andlthe Building Department will be in a position to review the plans. Mr. Annunziato told Mr. MacKenzie he should begin preparing his documents in accordance with staff comments. He advised Mr. MacKenzie to contact the Engineering Department if he had any question about the comments. Mr. Linkous moved to approve the-site plans of SoUthern Bell as outlined, subject to staff comments which inclUdes paving of S. E. 2nd Avenue and sidewalks. Mrs. Bond seconded the motion, and the motion carried 6-0. Gary Winter wished the motion to include that S.. E. 2nd Avenue and sidewalks be paved by the applicant, which was acceptable to Mr. MacKenzie, ADJOURNMENT Mr. Zive moved, seconded by Mr. Linkous,'to adjourn. carried 6-0, and the meeting adjourned at 8:30 Pi M, Respectfully s~tted, Patricia Ramseyer Recording Secretary (One Tape). The motion - 10 -