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Minutes 08-11-81MINUTES OF THE REGULAR 'MEETING OF THE PLANNING AND Z©N!N~G BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, AUGUST ~'.~ 1981 PRESENT Simon Ryder, Chairman Ezell Hester Lillian Bond Robert Wandelt Garry Winter, Vice Chairman Simon Zive ABSENT Ronald Linkous (Excused) 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 and Mayor Edward Harmening in the audience. MINUTES OF JULY 28, 1981 Mr. Wandelt moved to approve the minutes, seconded by Mr. Hester. No discussion. Motion carried 4-0. Since Mrs. Bond and Mr. Winter were excused from the meeting of July 28, they abstained from voting. ANNOUNCEMENTS Chairman Ryder announced that the meeting. Mr. Annunziato, City Planner a: DISCUSSION: (1) Consideration Central Park Planned Industrial ~r. Linkous had been excused from ~ked that "'6. New Business, C. of Issues Involving The Boynton Development" and "5. Old Business, A. CONDITIONAL USE aPPROVAL (TABLED, PUBLIC HEARING CLO~SED), PROJECT NAME: Phyllis' Precious People, AGENT: Phyllis ~OWNER:~ Phyllis Spano, ~OCATION: SE 23rd Avenue at SE 3rd Street, NE Corner, DESCRIPTION~ 24 Hour Child Care Facility,'~. be scratched from the Agenda. Mr~ Annunizato said n© additional information had been received from Mrs. Spano. COMMUNICATIONS None OLD BUSINESS C'ONDITION~L USE ~PPRO~AL CT'ABLED, PUBLIC' HEARING CLO'SED) MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1981 Project Name: Agent: Owner: Location: Description: Phyllis' Phyllis Phyllis SE 23rd 24 Hour Precious People S~ano Spano Ayenue at SE 3rd Street, ~hiId Care FacilitY NE Corner Chairman Ryder explained that the above item was the sUbject of Public hearing at the last meeting. It was tabled becaUse of the 'concern exp~sssed'by members of the BOard as to the safety of children being picked~up an~ droPped off at S~ E. 23rd Avenue. There has been no new input, a~ Mr.' Annunziato eXplained, so, therefore, it must be left on the table. NEW BUSINESS A. PUBLIC HEARING: 7:30 P. M. (1~ Proposed Zoning Ordinance Amendment Concerning Non-Conform- ing Lots Presently, Chairman Ryder said, nonconforming lots are covered under Section 11 of the Zoning Regulations. It applies generally to areas platted many years agg. Currently, the reqUirement is that if the title'of .any'of th?se 10ts previously platted is . conveyed .to'a new owner, then the new owner is reqUired. to either acquire more land or otherwise add to the property adjacent to his property so that he can comply with the current zoning requirements for the zone he is in. Chairman Ryder infOrmed the Board that they had a proposed amendment before them. Carmen Annunziato', City Planner, explained that the area of change within the Ordinance'dOes ~othtng more~than limit the exemp ion, which is provided under this a~endment t~ %he ~zoning-code, to a property owner owning no more ~han three lots. If the property owner owns more than three lots, the exemptive abilities within the ordinanCe are removed, requiring that property owner to now come forth with a plan either ~o use the lots consistent with the zoning or replat and thereby make lots consistent with the current zoning. Chairman Ryder asked if anyone in the audience wanted to speak in favor of this propoSed Zoning Ordinance Amendment. Mr. Carl Zimmerman, 122 N. W. 14th Street, spoke in favor of the Amendment by saying he thought it w-~s very reasonable. Since Boynton Beach is growing rapidly with large areas of vacant land to expand, he could see no problem of areas which were already platted not conforming to the new ordinance setbacks, etc. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1981 Chairman Ryder asked if anyone in the audience wished to speak in opposition to the proposed Zoning Ordinance-Amendment. There was no response. The Public Hearing was closed. Mr. Hester moved, seconded by Mrs. Bond, to approve the proposed Zoning Ordinance Amendment for recommenda~i°n to the City Council. Motion carried 6-0. B. SITE PLANS: (~1) Project Name: Agent: Owner: Location: Description: Yachtman's Plaza ~Modification to Approved Site PlansI John pagliarulo Anthony VeSardo us 1 at NE15th Place 1 StOry Commercial center Chairman Ryder informed the Board this matter haS already.been before the~Board~ ' At'that tim~, the Board recommended apProval to 'the City Council. Chairman Ryder continued by saying at the last meeting, the Board was asked to consider Plans ~0r Duff's Restaurant, and this location is opposite the p~oposed Duff's Restaurant. Mr. Annunziato Stated the application was for a modification to a previously· approved s~te development plan. The mod~flcatlo is Of a nature of reducing thebUilding from a two story building to~ a one story building and so~e slight modifiCations to the parking arrangement. At the time the plan was approved, there was a-lot of discussion as to the treatment of N. E. 15th Avenue and t'he intersection with U. S~ 1. It has now been accommodated and will be permitted by the D~partment of Transportation. Mr. Annunziato said the plan had been reviewed by the Technical Review Board and comes with a positive recommendation, subject to the applicant conforming with the now in forCe tree preserva- tion code. Chairman Ryder asked about the traffic. Mr. Annunziato explained southbound traffic would enter through the modified median on U. S. 1. Northbound traffic has 15th Place by turning to the ei directly off of U. S. 1.. Mr. Duff's Restaurant and this one to access the restaurant by tu~ parking lot. Mr. Annunziato il considerable difference betwee] and access to Duff's Restauran° Ocean Inlet Drive. ~wo choices. They can enter from ~st off of U. S. 1, or by entering Annunziato said when both projects, are developed, one would be able ~ning east and negotiating the ~formed Chairman Ryder there is a the property line and curb line is provided by a median Cut at - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 19_81 John Pagliarulo, Agent for Yachtman's Plaza, appeared before the Board. He stated he was now aware of the Tree Ordinance and he believed there was only one cabbage palm on'the p~oper~y, which would be relocated. Mrs. Bond asked if there were any staff comments, Mr, Annunz±ato replied that the plan should be subject to compliance Wi~h the-tree preservation ord±nance, When ~he plan was prewiOusly approved by Council, the tree preservation code h~ not been enforced. ~he-~app~.i~ant-~-~as m~d~ a~a~tha~e ~st~.ab~d~ by the ns~d~nance. Mr. Pagliarulo asked if the staff comments of the prior approval were still ~n effect. Mr. Annunziato said the prior comments had been reviewed and it appeared that they had been accommodated. If any were missed, they are still ±n effect, Mr. Pagliarulo mentioned the elevator, which is no longer an issue. Mr. Zive moved, seconded by Mr. Hester, to approve the site plans. Motion carried 6-0. (2} Project Name: Agent: Owner: Location: Description: The Storage Place, Ltd. (Modification to Approved Site Plan) James L. O'Conner The Storage Place, Ltd.. 3660 S. Congress Avenue (SE Corner of Congress Avenue and Neptune Drive) Addition of 13,600 sq. ft. Bldg. to 'Existing Project Mr. Annunziato informed the Board this~was a modification to the improved site plan. It was approved under the hame'of Extra Closet~.and initially provided for a 2500 square foot building. It lies 1/4 mile South of the new regional park. Mr. Annunziato read the foll6wing comments from the Building Department: "Please find the following comments in conjunction with the above, Square footage proposed for this Type 4 construction will be permitted if sprinkled or 'separated by four (4) hour fire wall from existing building." Mr. Annunziato recommended the pians be approved subject to staff comments. Mr. Zive asked about the trees and landscaping, and Mr. Annunziato informed him that it will be landscaped. Mr. James L. O'Conner, Agent, 3250 South Ocean Boulevard, Palm Beach, said the comments of the staff were acceptable to him. - 4 - MINUTES ~ PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1981 Mr. Wahdelt made a motion to approve the plans, subject to staff comments. The motion was seconded by Mr. Zive and carried 6-0. (3) proj eot Name: Agent: Owner: Location: DescriptiOn: Congress Center Charles F. McKirahan, Jr. Congress, Ltd. Congress Avenue at Congress Blvd. Extended 114,780 sq. ft. Office Complex Mr. Annunziato informed the Board that they had acted on the land use amendment earlier this Spring. He read the following staff comments: Engineering Dept.: "1. Drainage calculations required. 2. Paving, Grading and Drainage plans should show the type of inlet and the drainage pipes with invert elevations. 3. Water Management District approval is required. 4. Existing pavement on Congress Avenue should be shown. 5. A permit for connections to Congress Avenue is required from the County. 6. Congress Blvd. should be shown as un- improved. 7. Approval of the site plan should be predicated on the construction of the improvements included in Congress High Point necessary to serve the subject project including the water and sewer lines." Utilities Dept.: Confirming our review of the plans for Congress Center, please be advised that as all the sewerage collection lines will be plumbing, the connection on Congress Way shall have a clean'out with an APC marker, at the property line, per our specifications. Secondly, we will require a 10' easement for the water line within the development including the service lines to the meter. And, thirdly, the developer will be required to loop the water line." Building Dept.: "1. 2. 3. 4. Board of Health approval required. County turn-out permit required. Water Management approval required. Finish floor elevation must be at least twelVef00t (12') above meansealeveland/or six inches (6") above crc~nofCongress Avenue; whichever is the highest. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1981 Building Dept.: 7 Construction must be at least Type 5; ~ -0.he ~'~I). ' ho~0tec-ted." ~ Police Dept.: Subject to traffic control signs at exits. Energy Coordinator: Sodium vapor lighting. Mr. Annunziato said it was the overall recommendation that the plan be approved, subject to staff comments. Chairman Ryder asked about the water and sewage. Mr. Annunziato said the sewage almost necessarily has to be provided by High Point because the gravity system would be developed by High Point. The gravity system is depend~nt upon the construction of the pumping station. Chairman. Ryder asked what would be there for an exit going South. Mr. Annunziato replied that the development of High Point is predicated upon improvements to Congress, which provide for br-~gin~C~ngress to af°ur lane section. Mr. Annunziato said it appeared to.him the project was predicated upon the development of High Point. Charles F. McKirahan, Jr., Agent and Architect, Fort Lauderdale, appeared before the Board and said the staff recommendations seemed to be reasonable and the applicant would agree with the staff's recommendations. Mr, Wandelt asked When they plan to start, and Mr, McKi~'ahan repl~ied that he hopes to go in for a b~'~ldi'ng permit in September, Mrs. Bond made a moti.on t'hat'Congress 'Center be appr0ved~ subject to staff comments. The motion was seconded by Mr, Hester and carried 6-0, (.4) Project Name: Agent: Owner: Location: DescriptionJ" Burger King ~ModifiCation 'to Approved Site Plank Rafael Pe~a Bu~ger King Corp~ Uo S. 1 at SE 18th Avenue, SW~Corner 93 Seat Restaurant plus Drive-Thru Facility Chairman Ryder stated this applicant had been before the Board several times and was ~ow back for modification to the site plan formerly approved by the Council. Mr. Wandelt stated he was an officer of Sun Bank, and Sun Bank is in the process of buying out Century Bank. Therefore, he asked to be excused from the decision making of this project and the next project on the Agenda, '~Century Bank" To eliminate any possible conflict of intereSt, Chairman Ryder thought it advisable that Mr. Wandelt be excused. Mr. Wandelt left the Board to sit in the audience'. Mr. Ryder said the application, in its original form, came - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST'll,' 1981 before the Planning and Zoning Board on April 14, 1981 at which time, because of the concern of the intent to add to the new curb cuts on the westerly side' of the Federal Highway and no consideration of any traffic-con%rOi, the Planning and Zoning BOard denied recommendation to Council. Subsequently, on April 21st, Council approved the plan with the requirement that traffic cOntrol devices woUld be furnished as and when require~. FOllowing Council's approval of Burger King, Century Bank, which had been tabled, awaiting disposition of Burger King, came before the Planning and Zoning Board on April-28, 1981. Chairman Ryder continued by saying in relation to the operation of Burger King, apparently Century Bank felt they had to have a new curb cut or entrance to the bank within a short distance of the Cu~'b cut desired by Burger King. As a result of this, the City was faced with the matter of conflict'ing traffic move- ments. In one instance, Burger King in and'oUt and crossing that movement entrance into the bank. The Planning and Zoning BOard approved.that application with~the requirement that the proposed new Curb cuts 'be eliminated. At that ~ime the repre- sentative for the applicant said he wanted to make it clear that he did not concur with that decision. Chairman Ryder informed the Board that they' approved Century Bank's application on the basis that their proposed curb cut would be eliminated. In meeting with the Council, apparently the representatives for'Century Bank insisted that~. .the curb cut Was necessarY, so their application Was denied by 'the Council, which meant that Burger King was not in a position to move because Burger King Could not move until the matter of where Century Bank would relocate its new parking facilities was approved. Chairman Ryder stated at this point, the ~oard was aware some changes have been m~d~, and-he asked~Carmen Annunziato, City Planner, to explain ~them to the Board. Mr. Annunziato pointed out the number ~f curb cuts on Federal Highway and the relationship of the curb cuts to each other were the items discussed at great length by the Planning and Zoning Board and City Council at the time ~he plans were reviewed, one of the things mentioned was to have ~the applicant research the real poten~iai of a joint driveway entering off of U. S. 1 to serve both~properties, This would have eliminated a lot of the problems of entering and exiting tr~affic in close proximity to each~other. Both applicants have resubmitted plans showing a combined entrance on the driveway, straddling. . the property lines they would share if the plans were approved and the sale of the property consummated. Mr. Annunziato advised there would be one additional curb cut on Federal Highway. Traffic entering Burger King would take the northernmost route, having the choice Of parking in the parking lot or going %o the drive-through. Southbound traffic - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA ' AUGUST 11, 1R81 would enter to go through"the drive-through off of !Sth, Mr. Annunzlato informed the Board the application was reviewed by the staff, and he~.read th~ following comments: Building Dept.: "1 , Board of Health apprOVal required. Hotel and Restaurant Commission review number will be required, Department of Transportation turn-out permit required, Mr,-AnnunziatO explained that item 4 had been struck out as it is not an issue, Site plan shows forty-fou~ (~44)~ parking spaces; only ~hirty-eight ~8} are approved, which would permit ninety-three (~3~ sea~s and fourteen ~4)~ employees', Plans must be approved for bank, new parking area and constructed before permit for Burger King restaurant can be issued." Engineering Dept.: "1. Limits of construction for the storage lane should be shown. The east driveway onto S. E. 18th Avenue - if shifted westward would allow more storage for right turns into US-i." Mr. Annunziato explained that the storage lane referred to by the Engineering Dept. was the storage lane on 18th Avenue. He said the driveway was in conflict with the turn lane which is to be cons{ructed on 18th Avenue. There would be a temptation for traffic turning west on 18th to turn southward into Burger King, For traffic exitling, there would be a temptation to pro- ceed northerly into the turn lane, causing a lot of confusion at that location. Mr. Annunziato said that item was reenforced by the recommendation by the Police Department, which he read: Police DePt.: The applicant should delete this driveway entirely. Mr. Annunziato said it really did not serve any function that is not served by the driveways further to the west. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1981 Planning Dept.: Subject to installation of traffic signal On U. S. 1 at S. E. 18~h Avenue as per the Council Agreement. Subject to compliance with the Tree Preservation Ordinance. Mr. Annunziato informed Chairman Ryder that at the time the Council approved Burger King, the applicant agreed to Construct a traffic turn signal at 18th' at U. S. 1, when permitted by the Department of Transportation. In answer to whether 18th AVenue would be widened, Mr. Annunziato advised there are plans to construct a southbound storage lane on 18th AVenue, thereby permitting unrestricted turning in each direction. Ramon Cue, Agent for Burger King, presented a plan which the Board reviewed. Mr. Annunziato said the overall staff comment was to recommend approval subject to staff comments. Ramon Cue came forward and said there were no Problems, as far as the staff comments, except for elimination of the most easterly cUrb cu~. Mr. Cue stated he felt if they eliminate that curb, they will create a conflict in the traffic flow into the site itself, as it would be forcing everyone to come off of 18th Avenue. He said he would have no prOblem moving the curb cut up a 'little bit, maybe 20 feet. Chairman Ryder asked Mr. Cue to suppose he had traffic exiting at the other entrances to the west and they are proceeding south, on the righthand side. When they get to that point, they will .have to fight traffic coming out, cutting, across, and going north, and they must fight traffic coming in from Federal High- way, and all of that would be against the traffic proceeding east and wanting to go south at the corner. Mr. Cue stated that problem would exist anywhere you intersect a highway and this particular street is a secondary street. They would not be going directly into U. S. 1.- Chairman Ryder said it was true that 18th Avenue was a secondary street; the County Traffic Engineer said that also. He informed Mr. Cue that Burger King's own traffic consultant indicated about 10% left- hand turns for McDonald's and Burger King, so during peak hours there would be almost 200 at each instance going in and out of McDonald's and Burger King. Mr. Cue suggested an exit only driveway. Chairman Ryder agreed that would be an improvement but also suggested it be moved a little westward. Mm. Annunziato said he would like to see some geometry on it or how it looks on the ground. Chairman Ryder recommended it be studied and in the interim, Mr. Cue could get something to Mr. Annunziato and City Engineer Tom Clark so they could report on it. - 9 - MINUTES -'PLANNING AND ZONING BOARD BOHNTON BEACH, FLORIDA AUGUST il, .1R81 Mr. Cue said he had no problem working with Chairman Ryder's idea. but he pointed out that they had the opening there which would not function, and he did not tkimk they~coUl~ live with it. Chairman Ryde~ ~adv±,sed ~h.e prlOpose it~ a'~~-an~ exit oni~ and move it slightly to the west. Mr. Ryder asked Mr. C~e"to recall the Board had first ~ec°mmended a dual entrance a~d.~Mr'. Cue said it would not work becaUSe he wanted to go'in~.and out. The Board then said to just make it for ingress an~ Mr. Cue said it would not work. Now, apParently, i't will work'. Mr. Cue Said they want to work everything out_and get it approved but they also want to develop a. piece of property in a peaceable manner. He sta~ed he did not want to go back to what happened three or four months ago. Chairman Ryder said the project had come a long way, He re- affirmed the posit-ion-the Council had taken wi~h regard to the traffic control device and asked if he would'have any problem with it. Chairman Ryder said it would be a necessitY., regard- less of what the County Engineer said.. Chairman. Ryder continued by saying the City has to live wit-h it, not the County Engineer. Mr. Zive.agreed by saying he definitely felt a light should be there. Mr. Winter said he thought'the plan was too. dangerousl Mr. Hester said the' people'wil!l' be passing the restaurant to go back into it and it did not make sense. Mr. Cue told the Board they tried to comply with all of the requirements. He said they ha~ a direct opening approved by the Council, Mr. Hester asked him if he would agree to the staff comments. Mr. Cue replied that he would agree to~ them with the exception of eliminating the cUrb cut completely. Mr. Annunziato said, as he understood it, they were talking about the easterly most driveway on S. E. 18th Avenue becoming an exit only, and he'-expects to see some geometry on ~he ground which would prevent traffic from entering it, and it should be moved westwardly some feet or whatever is d~ctated by a prudent traffic analysis. Mr, Cue advised there would be no problems with mo~ing the driveway.slightly westward. Mr. Hester moved to approve the Burger King modification of site plans, subject to staff comments, with the requirement of a traffic light, and the easterly curb cut for exit only, together with a study to see whether it would be beneficial to move the curb cut westward as opposed to deleting it. Mrs. Bond seconded the motion. The motion carried 3-2, with Mr. Zive and Mr. Winter dissenting. - i0 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 11, 1981 (5) Project Na] Agent: Owner: Location: Descriptio M~. Annunziato with Burger Ki onto both prop been reviewed i comments: Police Departm Public Works D Planning Dept, Mr. Annunziat¢ Landscape and recommended th Mr, J. Daniel Lauderdale, ca ~mm~ents relati said it it is property out t had the sidewa vacant land"tc be vacant, M~ that was bein~ traffic later provided. Mr. Annunziat¢ to staff commc subject to st~ The motion ca~ DISCUSSION Consideration P~anned Indus~ Century Bank J. Daniel Stephens Century Banks, Inc. 1919 S. Federal Highway Modification to Site Parking and Drives infOrmed the Board this application is Connected ~g in'that it is a part of the proposed entrance ~rties from U~ S. 1. He advised the plans had Dy the technical staff and read the following ent: "Approved-~subject .to parking log lighting and traffic control si~ns~and directional areas painted or posted in lot and exits. ~pt,: Contact Public Works Department when dumpster slab is poured. Extend sidewalk thru limits of developed property. alSo said they must be consistent with the Tree-Prem. ervation Ordinances', Mr. Annunziato at the plan be approved, subject to staff comments. Stephens, Vice President of Opera~io~s, Fort me before ~he Board and asked about the staff ng to construction of sidewalks. Chairman Ryder a normal requirement. There is a lot~ of here, Mr. Annunziato it-ken pointed out that they lk discussion before. He stated there was the west of the project which wOUtd not always , Annunziato advised it was commercial property 'redeveloped, which will probably have walking on.. Chairman Ryder said sidewalks must be recommended that the plan be approved subject nts. Mr. Hester moved to approve the plans ff comments. Mr. Winter seconded the motion. 'tied 5-0. of Issues Involving The ~B0ynton Central Park ~rial Development Mr. Annunziato asked that this item be scratched from the Agenda as he.~had.not arrived'at a position to discuss it at this meeting. It will be rescheduled at the appropriate time. - 11 - MINUTES - PLANNING AND ZONING BOARD B©YNTON BEACH, FLORIDA Mr. Wandelt returned to act as,a membe] ADJOURNMENT Mr.. Zive moved, seconded by Mr. Wandel carried 6-0, and the meeting was propel AUGUST 11, 1981 of the Board. ., to adjourn. The motion ly adjourned at 8:45 P. M. Respect fu~ s ~tted, ~ct~ ~i' ~g SecrYetary (Two TaPes) - 12 -