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Minutes 08-25-81MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, B©YNTON BEACH, FLORIDA, AUGUST 25, 1981 PRESENT Simon Ryder, Chairman Ezell Hester Lillian Bond Robert Wandelt Garry Winter, Vice Chairman Simon Zive Ronald Linkous Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner, and Recording Secretary. He noted the presence of Councilman Joe deLong in the audience. Mr. Annunziato, City Planner, introduced Tim Cannon, Assistant City Planner to the Board. MINUTES OF AUGUST 11, 1981 Chairman Ryder commented that the minutes are moving very well and thanked the Recording Secretary for doing a very good job. He remarked that it is not easy to follow in the steps of Sue Kruse. Mr. Zive moved to approve the minutes, seconded by Mrs. Bond. carried 7-0. Motion ~NNOUNCEMENTS Chairman Ryder informed the Board that they recommended approval of Burger King to City Council by a 3-2 vote, subject to staff comments, together with the requirement of a traffic light, and the easterly curb cut for exit only, The Board went with Century Bank in that they abandoned their request ~for a separate curb cut. Council approved Burger King's and Century Bank's applications, Council required an agreement be drawn up to assure that at the time it is found necessary that a. traffic light is needed at the intersection of S. E. t8th Avenue and Federal Highway, it will be done at no cost tO the City. Mr. Carmen Annunziato announced that Tim Cannon is on staff as Assistant City Planner, and he is beginning to understand the function of the Planning Department. Mr. Annunziato said he hoped Mr. Cannon will become more operational very soon and perform some of the duties required of Mr. Annunziato. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 COMMUNICATIONS Chairman Ryder asked whether all members had received copies of letters between Gene Moore, Esq, and City Manager Cheney with regard to the Time-Sharing Ordinance. Mr. Ryder said the Planning and Zoning Board, and subsequently the CitY Council, approved Ordinance No, 81'27, which set up the zoning category for buildings which may present themselves in the future with an operation of a time sharing variety. Mr. 'Ryder further said that in.addition to, ±n.a sense, classify- ing a time sharing operation as a hotel and relegating it to that particular type of category, the Planning and-Zoning Board and City Council provided also that each living unit in a time sharing operation would have a minimum area of 750 square feet. This minimum limitation is one that appt~ies generally to buildings and apartments in the City's resldent±al zoning categories and is considered the absolute minimum. Mr~ Ryder continued by informing the Board that the question was raised by Counc±lmember Woolley as to whether the 730 square feet requirement was legal. Mr. Ryder referred to a communication from Gene Moore, Esq,, where- in he cites some l~tigation which he claims is of a similar nature. Mr. Ryder said, "Mr. Cheney goes on to say that we will be advised of any further.conclusion on this matter." Mr. Annunziato said he failed to mention under "ANNOUNCEMENTS" that the City is now subject to two li~tigations on actions where the Board did take a position. One is the Cumberland Farms, being the last Cumberland Farms' plan that was recommended by the Planning and Zoning Board but denied by the City Council. The case is now in litigation, Secondly, a little more than a year ago, the City Council took action to amend the future land'use of the comprehensive plan and rezone Parcel D, which is a parcel of land located in the Southwest corner of the intersection of S. Wi 14th Avenue and the E~4 Canal from C~4 to R~I-AA. It was part of the Leisureville PUD. The owners have now sued the City, requesting that that zoning be rechanged. Mr. Annunziato said he would keep the Board advised. Mr. Hester asked Mr. Annunzia~o what the City Attorney had to say, Mr. Annunziato replied that when the Attorney,s opin±on becomes available, he will forward a copy to the Planning and Zoning Board. Chairman Ryder noted the Agenda was short and requested the Board to remain after the disposition or-business as he would like to bring up a matter of concern. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 OLD BUSINESS CONDITIONAL USE APPROVAL (TABLED, PUBLIC HEARING CLOSED) Project Name: Agent: Owner: Location: Description: Phyllis' Precious People Phyllis Spano Phyllis Spano SE 23rd Avenue at SE 3rd Street, NE Corner 24 Hour Child Care Facility Chairman Ryder recalled that at the initial hearing, the Planning and Zoning Board cited some objections. In the interim, he received anotherletter, which will be entered later. The matter was tabled after the initial hearing because of the concern shown by various members of the Board with regard to safety in the event the 23rd Avenue frontage is used as part of the operation. Mr. Hester moved, seconded by Mr. Linkous, to remove the matter from the table. Motion carried 7-0. Mr. Annunziato presented the old plan and the new plan to the Board so he could point out the changes, which were as follows: The easternmost door of the ~old plan on the south side is shown as an existing exit, (~-~. AnnUnziato exPlained that the old plan is in blue, and the new ptan~is-in black.) Mr. Annunziato informed the Board it was on the eastern portion of the building. The NEW plan proposes the door will no longer ex±st. It will be blocked off. There is a new door proposed on the east side of the building with an exit light in the stoop. On the old plan, there is no door shown. The above changes were internal changes. Mr. Annunziato assumed the number of exits had to do with required fire exits. Externally, there were approximately four changes, as follows: On the south side, just outside the westernmost door, on the old plan, it looks like there is a concrete stoop, On the NEW plan, there is a note which reads "screen enclosure or chain I~nk"_ fence with gate." Mr. Annunziato added that the screen enclosure could not be built because it would violate the front setback but a four foot fence could be built. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 e On the old plan, there are four parking sPaces shown backing out on S. E. 3rd Street with a dumpster located, On the NEW plan, those spaces are proposed to be removed and the dumpster oriented to the south so that the truck can pull in on site, pick up the dumpster, and then exit onto 3rd Street. There were changes to the landscaping which were required as a result of the LandsCaping Code. On the 'Old plan, a hedge was shown along S. E. 3rd Street with plants to be 18 inches high and 36 inches on center. The NEW Ordinance requires that the hedges along the street be three feet tall and two feet on center. There is an additional restriction concern- ing two trees adjacent to the driveway, which relate to clearance for exiting cars, and within a triangle the size of ten feet on either side of the exit, hedges cannot exceed thirty inches in height and if trees were planted, there would have to be a minimum of six feet of clear trunk, .providing for a clear distance for the exiting driver. There is a chain link'? fence on the ~old plan shown around the rear of the bu±lding as four feet, The NEW plan shows it to be six feet, Chairman Ryder said-:it appeared tkey were using perpendicular parking and he wondered if i~ was being ~hanged to parallel parking, Mr, Annunziato adVised that the parking would not be perpendicular, it would be 90° parking, parallel to the building. Chairman Ryder stated it did not look workable to kim and he did not advise parking on S, E. 23rd Avenue because it presents the possibility that children can be picked up and dropped off at that corner. Chairman Ryder felt that was a serious consideration. He expressed his feeling that all traffic in or out should come in by way of S. E, 3rd Street. Mr. Ryder also Stated that parallel parking did not appear to be workable either. Chairman Ryder noted it was unfortunate that there was no attempt made to pinpoint the changes. ~The changes should have been made more obvious. Mr. Wandelt recommended that the chain link fence which goes along the east side to the northernmost extension of the building be extended to the southernmost corner of the building, so if there should be a fire, the children would not be going out into an unfenced area. Mr. Wandelt noted that the plans indicated the entrance to the building was to the north and-not Fo the south. He felt all entrances to the south on 23rd Avenue should be eliminated completely. Chairman Ryder agreed with him. Mr. Annunziato said, based on his discussions with the Building Department, it appeared there should be two exits. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 Chairman Ryder thought there should be a fence all the way across on 23rd Avenue and no activity at all on the frontage, neither parking nor permitting cars to stop'and discharge or pick up children° Mr. Linkous pointed out that there is an entrance in the NEW plan where it says new nursery school and play area in the center to the right and easternmost center, and there is'a gate leading from the nursery to that particular door for evacuation purposes. It is not on the old plan. Mrs. Bond asked if there was a fence constructed in front of the westernmost door on the southerly side of the building, would it interfere with the parking, Mr. Annunziato replied that it appeared it would only encompass the area where there is a stoop right now. Mrs. Phyllis Spano came forward and informed the Board that park- ing on 23rd Avenue is intended Only for the employees. The two entrances can be eliminated completely. There could be one entrance on the side and ~one in the rear of the building. The two entrances on 23rd Avenue could be eliminated. Mr. Wandelt stated the entrances should definitely be established on the plans. Mrs, Bond wondered whether the children would be brought to the school by bus or by the indiv±dual parents, and Mrs. Spano answered by ~ndividual parents. Mrs. Bond asked if it wouldn't be dangerous for the parents 'to park in front. Mrs. Spano doUbted very much that they would park in front and walk around the whole building to bring the children into the rear of the building. Chairman Ryder said he was concerned about the child being dropped off and left on his own. Mr.' Wandelt reiterated that the entrances should be definitely established. Mr. Annunziato told Mrs, Spano the point Mrs. Bond was trying to make was if someone is in a hurry and just drops the child off at the corner and suggests to the child that the child walk to the entrance. Mr. Wandelt said if the entrance was designated as being in the rear, at least the child would be off of 23rd Avenue. There was discussion about sidewalks. Chairman Ryder said the plan was inadequate,' not up-to-date, and a poor attempt to show changes when the changes were not apparent. They do not show side- walks. He asked on what basis the Board could approve the plan. Mr, Annunz±ato advised Chairman Ryder both the old and new plans could be forwarded to Council as a Package with staff comments. He read the staff comments as follows: - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 Building Dept.: "Sidewalks required on SE 23rd Avenue and on SE 3rd Street. Public Works Dept.: Dumpster must be positioned so as not to cause truck to back out onto SE 3rd Street or SE 23rd Avenue." Mr. Wandelt said since the project involves children, every detail should be nailed down, and he did not see how the Board could approve the plans until they were. Mrs, Spano asked if a fire inspection would be necessary. Mr. Annunziato said if the door was closed, it would have to conform with the Fire Code. He advised Mrs. Spano to have her architect address the Fire Code again. He also told her to have the sidewalks addressed. Mr. Winter suggested possibly a one way door could be the solution. Chairman Ryder said as Cha±rman of the Board, he is to sign plans as being approved bUt the plans do not show doors being blocked of~ or sidewalks. Mr. Zive noted a child care center is needed bu~felt until the sidewalks and enclosed area were addressed, the Board could not approve the plans. Chairman Ryder commented it would have to be kept on the table. Mr. Wandelt recommended ~approving it subject to the items brought out at the hearing. Mr. Zive agreed with Mr. Wandelt's recommendation. Chairman Ryder disagreed. Chairman Ryder read the following communication which he received from Robert Finnerty, Madison Heights, Michigan: "GENTLEMEN REFERENCE LOTS 21 AND 33' CRESTVIEW RECORDED IN PLAT BOOK 23 PAGE 124 PALM BEACH COUNTY RECORD 333-3337 SOUTHEAST 23RD AVENUE WE ARE DEFINITELY AGAINST A CHILD CARE CENTER TO BE LOCATED AT THE ABOVE MENTIONED PROPERTY. WE PURCHASED INYLOS MANGOS FOR ITS RETIREMENT TYPE ATMOSPHERE. A LITTLE PEACE AND QUIET IS WHAT WE ARE LOOKING FOR, NOT A LOT OF NOISE. R. FINNERTY 2605 S.E. FIFTH CIRCLE UNIT 70C BOYNTON BEACH 33435" ~hairman Ryder said it should not be of great concern because it would not be affected, Mr. Wandelt~made a motion that the plan be approved subject to sidewalks and entrances as the Board discussed, approval of the Fire Department, changing of the fence, and staff comments. Mr. Hester seconded the motion. The motion carried 5-2, with Chairman Ryder and Mrs, B~ond d~ssenting. Mr, Annunz±ato confirmed the plans were approved subject to side- walks, Fire Codes, remove exit on south side, and fence extended along the east side. to-the southernmost corner of the building. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 NEW BUSINESS A. SITE PLANS Project Name: Agent: Owner Location: Description: Boynton Lakes Plat No. 1 Recreation Area (Modification to Approved Site Plans) F & R Builders, Inc. F & R Builders, Inc. Boynton Lakes (PUD) Clubhouse, Swimming Pool, Sauna and other Recreational Facilities Mr. Annunziato told the Board this was a modification to the approved site plans for the recreation area for Plat 1, Boynton Lakes PUD. The proposal is to locate the recreation center on N. W. 34th Avenue, which is a private street, and which intersects with Boynton Lakes Boulevard, which will be a public street. The usage includes tennis courts, clubhouse, pool, cabana, sauna, barbeque areas and a lake, which does not shOw on the plans. The staff comments were as follows: Engineering "1. Dept,: Elevations and gradients for the park- ing lot and adjacent roadways must be shown. Drainage facilities should be shown and drainage calculations are required. 3. Parking lot specifications are required. The lengths and bearings of the boundary lines for Tract 'J' should be shown. Proposed elevations of adjacent property should be shown. Building sewer and water service line should be shown to the connections to the City water and sewer in the street." Utilities Dept.: "Should show water meter locations and signs and where sewer connection will be made," Public Works: "Show dumpster location. Planning Dept.: Sidewalks are recommended on N. W. 34th Ave." Mr. Annunziato added that this area will likely serve as a school bus pick-up. N. W. 34th A~enue serves about 1/3 of the first plat. Approximately sixty or seventy homes will be served by N. W. 34th Avenue. Therefore, sidewalks are recommended. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 The staff recommended the plan be approved, subject to comments. The applicant was not present. Mr. Zive ascertained that there was ~nQughparking area and that the landscape plan was adequate. Mr. Zive moved, seconded by Mrs. Bond, to approve the plans subject to staff comments. The motion carried 7-0. Chairman Ryder informed the Board that last week a matter was presented to the Council by City Manager Peter Cheney which he felt was of concern to the Planning and Zoning Board.as well. Mr. Ryder said the matter dealt with formulating policies serving un- incorporated areas with water and~sewer facilities and setting up priorities so that services will be assured for City taxpayers. Mr. Ryder further stated that the amount of caPacities both for drinking water and sewers constantly have to be expanded with regard to water. New wells have to be built because of the demand. The treatment plant for treating the water also requires constant expansion. Mr. Ryder said the primary concern was the capacity of the treat- ment plant, which is shared with Delray Beach. They are affected by large developments which are considered from time to time. Chairman Ryder said, in his opinion, the report by City Manager Cheney was received short by the City Council because primarily, there was a related matter dealing with an application for utility services fn an area immediately adjacent to the city limits. Because of the fact thiS became a controversial matter with the Council and perhaps because of the fact Council may have thought there was nots enough backup material or input, the City Manager's repQrt was turned down by.a.~vote of 3-2. Chairman Ryder continued that he thought the expiration contemplated by City Manager Cheney is needed. He quoted from the Boynton Beach Comprehensive Plan, as follows: "Due to the rapid growth of the City of Boynton Beach and the availability of approximately 6,000 acres of developable land in the City's Reserve Annexation Area, decisions concerning when and how to enlarge the City's geographic size are of concern. Compared with some of its adjacent neighbors, the annexation history of Boynton Beach has' generally been orderly and rational. Most recent annexations have benefited both private land owners as well as the City. How- ever, there exists a need to formally establish City priorities and policies governing annexation decisions." - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 Chairman Ryder felt it was the duty of the Planning and Zoning Board to suggeSt that they recommend that the Council pursue the matter further with the aid of the City Planner, the Utilities Director, and other members of the Technical Re~iew Board for what advice could be prepared to indicate the extent of existing services which are presently being supplied in the first instance in areas contiguous to the City's limits, as well as'the services to unincorporated areas. Chairman Ryder made the distinction because generally it is felt that areas contiguous to the City normally appear to request annexation. Mr, Ryder thought also the study should address the capability of the City to cope with future demands for some new units within the City, together with those outside of the City, Chairman Ryder said the study should also confirm recommendations governing annexation decisions. It should be presented for public hearing before the Planning~and Zoning Board, as~well as before the City Council. Mr. Ryder asked for comments from the Board. Councilman deLong appeared before the Board. Mr. Hester said he did not want to get involved in the matter, as he thought it was up to the City Council. Councilman deLong expressed surprise that Chairman Ryder would bring this matter before the Board, as the City Council is the governing and policy making body of the City, Furthermore, Council- man deLong said he had been trying since 1974 to get the western boundary line established, He also requested last year that the western boundary line be established by the City. Councilman deLong adVised that somewhere in excess of 24,000 units have been granted service by the City in unincorporated areas. He asked Mr. Annunziato if that was the report he received. Mr, Annunziato said he received a report from the County which said approximately 24,000 units had been approved by the Palm Beach County Commission for west of Boynton Beach of which 11,000 or 12,000 were~in Boynton Beach's service area. Chairman Ryder asked whether it was known if large developments have their own treatment plants and Mr. Annunziato said it was not known. Councilman deLong said one lone applicant was being denied, and the situation should not have been handled in the manner of fashion it was handled in. When it first went to the City Manager, Councilman deLong sa±d he did nOt believe.the City Manager had the authority to run to the City Attorney and then come back to the Council with a prepared policy of annexation'the very night the item appeared on the Agenda. Councilman deLong said.he made the same statement at a public meeting. Mr. deLong stated he was not opposed to adopting the policy but he did not think the door should have been slammed in the people's face. Chairman Ryder asked what was the harm in him proposing before the Board that the study be carried out and see what the problems are, - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 Councilman deLong told Chair-man Ryder'he wouldn't have been involved in this matter if it had not been turned down, Chairman Ryder said he felt th.ere w~s~a need'for the study and he was just asking the Council to request the City'Manager to pursue it, Councilman deLong told Chairman Ryder he should be guided by the policies of the City Council and he asked Chairman Ryder if he thought the Council was not the policy making body, Chairman Ryder informed Councilman deLong in order to art±ye at policies, someone othsr than the Councit Members h~s to do some work? Some- times it is members of the staff or consultants, but someone has to present things to the Council, Chairman Ryder told Councilman deLong the Council accepts or rejects pOlicies but they do not necessarily prepare, CouncilmandeLong informed Chairman Ryder this was not the ti~me or the place to bring up actions by the Council, and he did not think~he had the right to do it. As it related to the Planing a~d Zoning Board, Chairman Ryder felt he had the right to bring it up, Whenever you have a chance in Council, Chairman Ryder informed Mr. deLong, your acts are guided by What your posit±on is in Council and what you can do. After a few remarks from one to another, Chairman Ryder stated to Councilman deLong that it was his privilege to say what he did at the meeting'regardless of how Councilman deLong"feels about it. Councilman deLong said Chairman Ryder should run for Council if he wants to dictate and make the decisions for Council, Chairman Ryder infOrmed .the Board that was his suggestion, which was basically a request that the City Manager and staff be requested to pursue a matter of the needs,.~equirements and problems involved in supplying the needed services of water and sewer to the City in the f±rst instance and to incorporated areas. Chairman Ryder said it is something that is needed and is the natural consequence of %he City's growth. Mr. Ryder told the Board they cannot~just push it under the rug and forget it. Councilman deLong asked to apprise the Board of a fact before they made a decision. He informed the Board that the City has an l~cti- rated sewer plant that is capable of handling six mi~!lio~ gallons of raw sewage daily, which is on a-~standby status, ~nd the~Cit~i.w~ts to use it in case of an emergency, so when the City Manager brought into play at the last Council meeting that the City would not be able to accommodate the treatment of the sewage, he was in error. Mr. Wandelt asked Councilman deLong if the City also has the reserve of water wells. Councilman deLong replied that he believed they have three more wells coming up. Chairman Ryder asked why the Planning and Zoning Board couldn't have all of this presented to them in a report fashion so everybody - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 would know what to expect. Basically, Chairman Ryder said, what this will do is help set policies for future annexation. With relation to the area outside of the city limits, just west of Congress Avenue, on the south side of N. W, 2nd Avenue, Chairman Ryder stated the only way the City can proceed with annexation, provided the property owner requests annexation, is to have the property in question contiguous. If the City has contiguous areas that choose to get their services and do not want to come into the City for reasons of their own, then a pocket and a void is created, and from there on in nobody becomes contiguous as you go into the western a~ea of the City. Chairman Ryder reiterated that it is pertinent how the immediately contiguous areas are treated. Right now, Chairman Ryder continued, at that particu~lar point, there is a pocket, He asked the Board to recall that there is a residential unit off iCongress, behind the school,' behind the Publix Shopping Center, "L" shaped, t~a~ fronts on Second Avenue, which is a recent annexation. Chairman Ryder said that he was talking about the pocket in the rear of Publix and the "L" shaped piece. If you move along in that direction, eventually, you will have the facility to move in contiguous fashion. Councilman deLong said he understood, having had a lot of experience with annexations in Florida, and the thinig that "bugged" him was that everything was all prepared (the communications going on between the owners of the property and the City ~anager telling the people we are extending the offer for annexation), These people communicated back that at the present time they were not interested. Councilman deLong asked if a club was to 'be held over the heads of the people, and they~be'told that if they do not-come into the City~ the City will'inot g.ive them service. Councilman deLong stated the people were in a service area and :they were not getting the service free. Councilman deLong felt as long as the services were available, it was morally wrong to deny the people. Chairman Ryder said the point he was trying to make was that this issue became the all important thing and something the City needs desperately was shoved aside, and all he is asking-for is that the City Manager and the staff continue with the study so the Board could find out where the City is going, Councilman deLong stated he was a strong advocate for annexation but the thing that aroused his curiosity was Chairman Ryder's "jumping into it after he knew what the results and ~the feelings of the City Council Members were, and that was the majority of them, and it takes a majority to run," Chairman Ryder told Councilman deLong that he (deLong~ does not always~go with the Board's majority,and he certainly does not go with Mr. deLong's majority. - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1981 Chairman deLong pointed out that Chairman Ryder knew what the Council already said as far as the incidant was concerned. Chair- man Ryder ~sk~dCouncilman deLong since Council'man deLong had dropped it entirely, why was 'he pursuing the matter. Councilman deLong said as far as he was concerned, it was Chairman Ryder~s privilege and he was free to do whatever 'he desired to do. Councilman deLong furthe~ said to Chairman Ryder, "And you wouldn't pursue it had you not been told to pursue it." Chairman Ryder replied, "NObody has to tell me anything." ADJOURNMENT Mr. Zive moved, seconded by Mr. Hester, to adjourn. The motion carried 7-0, and the meeting was properly adjourned st 8:40 P. M. Respectfully submitted, - 12 -