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Minutes 07-28-81MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JULY 28, 1981 PRESENT Simon Ryder, Chairman Ezell Hester Ronald Linkous Robert Wandelt Simon Zive ABSENT Lillian Bond (Excused) Garry Winter, Vice Chairman (Excused) Carmen Annunz±ato, 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. Chairman Ryder pointed out that this is vacation time and the Members had shown a good sense of dedication and commitment by changing vacation plans to make certain there would be a quorum so the Board could continue with carrying on business. He thought everyone should be appreciative of~that. He noted the presence of Councilman Joe deLong in the audience. MINUTES OF JULY 14', 1'981 Mr. Linkous moved to accept the minutes as prepared, seconded by Mr. Hester. No discussion. Motion carried 5-0. ANNOUNCEMENTS Mr. Carmen Annunziato, City Planner, said Timothy Cannon of the University of Illinois would be joining the City in two weeks as Assistant City Planner. He also announced that Muriel Calder's husband passed away and she is in Maine, COMMUNICATIONS Chairman Ryder said he had a communication but would present it when the matter comes up on the Agenda. OLD BUSINESS None, NEW BUSINESS Public Hearings: MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 Chairman Ryder said there were four items under Public Hearing scheduled for 7:30 P. M., and they were duly advertised legal notices so people could appear before the Board or send correspondence to the Board. _~1) ANNEXATION AND ZONING Project Name: Agent: Owner: Location: Description: Boynton Regional Park William Wilsher Palm Beach County East of SW 35th Avenue, North of Lake Worth Drainage System 29 Request to annex 10 acres of unincorporated land and zone said land Rec-Recreation in conjunction with the Boynton Regional Park. Chairman Ryder said the applicant~.was the Palm Beach County Commission. He infOrmed the Board that Boynton Regional Park was well bn the way in the planning stage and construction is due to start soon. It will be entirely within the City limits except for a County pocket, which is the subject of this meeting. The Park lies near the South Tech Vocational School, between Congress Avenue and 1-95. RoughlY, it w±ll be a park of about fifty acres, constructed and maintained by the County, In addition to the City lands, presently in the corporate limits, there is a pocket of about ten acres owned by the CoUnty, Chairman Ryder said in the interest of providing police, fire, and other, security measures under a single jurisdiction, and so the same jurisdiction will be involved, in permits and items that may come up in the construction and operation of the development, the Palm Beach County Com~aission applied to the City of Boynton Beach to have the ten acre strip annexed. In addition to the request for annexation, the request is to also have the land zoned REC-Recreation, Chairman Ryder adviSed that members of the Board serve two Boards~ Planning and Zoning Board and the Local Planning Agency, It is under the Local Planning Agency that they are operating at this point. · Mr. Annunziato said one of the staff comments had been that the County Commission seek annexation and he felt the reasons were obvious. He said the City Council had referred the application to the Board for public hearing and an analysis for proper zoning. A department review revealed there would be no negative impact on the functioning of the city staff departments. Bill Wilsher, 521 N. W. 50th-Avenue, Delray Beach, Florida, Superin- tendent of Park Planning and Design for the Palm Beach County Parks Recreation Department came before the Board. He stated the working drawings had been finished for the park andtk~ar~l~okin~for~grou~d breaking sometime around September. -Mr. ~iilghar advised Chairman Ryder the approximate cost was $1,900,000.00. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 Chairman Ryder asked if anyone in the audience wanted to speak in favor of this proposed annexation and zoning and received no response. He asked if anyone wanted to speak in opposition to this proposed annexation and zoning and received no response. Mr. Zive moved to recommend annexation of the unincorporated ten acres of land, and zoning the land REC Recreation. Mr. Linkous asked if that included the tennis courts. Mr. Wilsher said they have siXteen racquet ball courts. The City will develop a park on the west side of this park, Mr. Wandelt seconded the motion. The motion carried 5-0, (2) ABANDONMENT REQUEST Project Name: Agent: Owners: Location: Description: Violette/Scheurer Frederick J. Violette Frederick J. Violette Robert Scheurer That 10' alley lying between' lots 7, 8 and 9, Arden Park Subdivision Request of abandonment of publicly dedicated right-of-way Chairman Ryder said members had a small map which identified the area. It is on the North sidle of Second Avenue, two blocks East of City Hall. Lots 7, 8 and 9 front on Second Avenue, so it is located on N. E. Second Avenue and N. E. Third Street. The City has had and still has a number of alleys, ten feet wide, which were intended for secondary.means of access~ Very often the alleys have been committed by way of easements, either public or private utility easements, so when a request of this kind comes before the City, the City is obliged to call the various utilities with regard to the easements. Chairman Ryder advised the applicant that utility easements would be required and he could not build upon the area until such time as the easements would be removed. The area must be made available to the owners of the easements. Fred Violette, owner of Fred & Joe's FINA, 319 N. E. 2nd Avenue, came forward and said when they purchased the property two years ago, the easement was not brought to his attention. They wanted to put a fence up because they were having breakins. They were under the impression they owned everything that was paved. They would like to put up a fence so it would not have to be moved. The Florida Power and Light poles are on the end of the ten foot easement. The fence would be located where it would not bother the dumpster, The owner of the property in back of them would like to see a fence go up for security reasons, Mr. Violette said Robert Scheurer owns the property in back of them, is owner of Lot 9, and is one of the applicants. Mr. Violette said a gate would be between the two buildings, which - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 would be closed at night. gate will be open. From 6:00 A. M. until 6:00 P. M., the Chairman Ryder asked if anyone in the audience wanted to speak in favor of the abandonment request and received no response, He asked if anyone wanted to speak in opposi~on to the proposed abandonment request and received no response. There were no communications. Mr. Wandelt made a motion to recommend the approval' of the abandonment of the ten foot alley between lots 7, 8 and 9, Arden Park Subdivision, subject to utility easements. Mr. Linkous seconded the motion, The motion carried 5-0. (3) ZONING ORDINANCE AMENDMENT Proposed Zoning Ordinance Amendment prepared by City staff and forwarded to the Planning and Zoning Board by the City Council concerning TIME SHARING HOTELS. Chairman Ryder said an example of a time sharing hotel was the Spanish River Inn in Delray Beach. It began as a hotel and is now a time sharing hotel. Some cities want to ban time sharing hotels. Others have prepared ordinances whereby they can be approved depending on the zoning category' in which they would be placed. There are none confronting the City at the present time, but the City Council and residents have felt something should be done so the City would not be faced with litigation like the City of West Palm Beach, City Planner Carmen Annunziato informed the Board that he. had met with City Attorney Vance, at the request of the City Council, to analyze ordinances and the existing laws with respect to time sharing, He explained that time sharing is basically interval ownership of a unit, where a particular unit may be sold not once, but perhaps as many as 52 times in a year, where a person will buy a one week block at a time in that unit for a certain amount of money. Mr. Annunizato read the definition from the proposed ordinance: "Section 1. Definition. Time Sharing hotel. The term shall include, but shall not be limited to any building or part thereof in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year but not necessarily for consecutive years in accordance with a fixed time schedule on a periodically recurring basiS extending for more than one year. The determination - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 that a building, or part thereof, is a time sharing hotel shall be made without regard to the form of ownership-of the property or of the units therein and shall be immaterial whether the right of use or occupancy is derived from a leasehold or fee interest." Mr. Annunziato said the proposal is to take time sharing hotels and locate them in the C-3 zone. Chairman Ryder said it was important to make a distinction between permitting them in commercial areas and not in residentially zoned areas. He asked about a minimum area. Although Vice Chairman ~Garry Winter was absent from the meeting, Mr. Annunziato said-he advised a minimum of 750~square feet, consistent with zoning of apartments,should be added to the proposed ordinance. Chairman Ryder asked if anyone in the audience wanted to speak in behalf of the proposed ordinance and received no' response. He asked if anyone wished to speak in opposition to the proposed ordinance and received no response. Mr. Annunziato informed the Board apartments are permitted in the C-3 classification, subject to the R-3 specifications, but the minimum size in the R-3 is 750 square feet. He said that information should be added to the definition or in the ordinance. Mr. Annunziato further informed the Board that the Legislature has taken the position that you cannot treat time sharing hotels any different than any other use in a particula~ zone. You must be consistent~o Mr. Hester moved to approve the zoning ordinance amendment with the 750 square feet minimum size requirement, seconded by Mr. Linkous. The motion carried 5-0. (4) CONDITIONAL USE APPROVAL 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 Mr. Annunziato said there currently exists a duplex and single family home, which are attached, on the property. The applicant requests to convert the residential use of the properties into a 24 hour child care center. The units will be changed internally to provide for lunch rooms, classrooms~ reception area, and a screened porch. The single family unit will become recreation for the staff. The lot to the rear will be fenced in to provide an area for the children to play, and a parking lot will be constructed off of S. E. 3rd Street. Mr. Annunziato read the staff comments, as follows: - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 Building Dept.: Sidewalks required on SE 23md 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. Chairman Ryder asked whether the children would be picked up and~ dropped off on SE 3rd Street or SE 23rd Avenue. Phyllis Spano, 333 S. E, 23rd Avenue, Boynton Beach, came forward and confirmed that parking would be in the rear of the building. The entrance and reception area will be in the rear of the building and the picking up and dropping off of the children.will be at the rear, on SE ~rd Street. A playground will be put in, a~M~S~_~Spano asserted she~would comply with staff comments. She was asked by Mr.- Wandelt if'the area~would~be fenced in. She replied it Would not be. Mr. Wandelt expressed concern over three front doors facing 23rd Avenue. Mrs. Spano said the children will not be allowed to go out on 23rd Avenue, as they would have to go through the reception area, and there co, id be locks that the children would be unable to reach. Mrs. Spano said the doors would be needed as fire 'exits. Mrs. Spano informed Mr. Linkous there would be thirty children, but they would be catering to ninety children in a 24 hour period. There was discussion as to a fence, a gate, and railing. Mrs. Spano said the employees would park in the front of the building. Mr. Spano came before the Board and said the duplex had an overhang over the porch. He suggested putting a four foot railing with a gate which would secure the front- Chairman Ryder suggested Mr. and Mrs. Spano should maet with Mr. Annunziato and their architect to reach a satisfactory arrangement. Mr. Linkous wondered how the noise the children might make would affect surrounding property owners. Mr. Hester said people in the area received notices. Mrs. Spano advised Mr. Zive she would be at the center permanently and supervise it. Mr. Hester said it would have to have proper super- vision in order to operate. Chairman Ryder was informed there were rentals to the Easq and to the West were medical buildings. Chairman Ryder asked if anyone in' the audience wanted to speak in favor of the request and received no response, He asked if anyone wished to speak in Opposition to the request. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 Mr. Annunziato said it was incumbent on the Board to make some find- ings with respect to harmony of the use, impact of the use on the area, finding of the need, and finding of a negative impact on the area. Eleanor Mann, 1190 S. W. Lake Circle, Leisureville stated that she did not come in opposition but wanted to know the ages of the children. Mrs. Spano said the ages would he from 2-1/2 years and up to whatever age children the mothers would wish to leave in the evenings; they would be preschool during the day, She will have teachers of different groups and there will be swings and sand boxes. Chairman Ryder read a Western Mailgram addressed to the Board from J. F. Brobst, 2626 S. E. Fifth Circle, Boynton Beach, Florida. "Gentlemen Reference Lots 21 and 22 Crestview Recorded in Plat Book 23, Page 154 Palm Beach County Records Address: 333-337 Southeast 23 Avenue As property owner within 400 feet of said property I strongly object to the request to change the use of this property to a ~child care center". This potential use would adversely effect the value of my retirement property." Mr. Wandelt said he did not believe he could vote yes until he was guaranteed there would be fencing on 23rd A~venue. He asked if'a site plan of the facilities could be presented. After discussion, Mr. Linkous suggested that it be tabled until they could meet with Mr. knnunziato, the City Planner, with the safety features. Mr. Annunziato said the problems involved ~Mrs. Spano, her architect and the Fire Code. She should come back with an analysis. The Board told her no one was in opposition to her request, just concerned, and Mr. Zive told the Board such a facility was greatly needed in Boynton Beach. Mr. Linkous made a motion that the request be tabled with consider- ation being given to the various comments concerning the safety and welfare of the children. Mr. Wandelt seconded the motion. The motion carried 5-0. Chairman Ryder announced the Public Hearings had been closed. - 7 - ~N.UTES- PLANNING AND ZONI-NG-BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 SITE'PLANS Project Name: Agent: Owner: Location: Description: Duff's Restaurant John Pagliarulo Antonio Velardo US #1 Between NE 15th Place and Ocean Inlet Drive 270 Seat Restaurant Chairman Ryder stated the location was on the east side of the Federal Highway, just north of the Boynton Canal, opposite Scobee-Combs Funeral Home and .is presently undeveloped. Mr, Carmen Annunziato presented the plan to the Board. He said the request is to construct a restaurant which will provide 270 seats, They will need 90 parking spaces for the restaurant, 27 for the emplOyees. 104 parking spaces are required for the entire site. Mr. Annunziato read the following staff comments: Building Dept: "Please be adviSed of the following comments relative to the above. 1. Board of Health approval will be required. 2. Hotel and Restaurant Commission review number will be required. 3. Four (_4) handicap parking spaces will be required and all other handicap requirements met with. 4. Complete sidewalk around curb on Ocean Inlet Drive. 5. Two hundred and seventy (270) seat restaurant indicated on plans schedule, however, square footage of seating area will accommodate three hundred & fifty five (355) persons. 6. Submit plan indicating fixed and permanent seating for the two hundred & seventy (270) seats indicated." Engineer- ing Dept, "Commen'ts concerning the subject plan are as follows: Police Dept. 3 4 Elevations to be shown for adjacent streets. Additional pavement elevations are necessary. All catch basins (Type "C"?) to have eleva- tions shown. Plans are required to show alterations planned on US-1 and to be approved by the D.O.T. Show existing pavement for Ocean Inlet Drive on site plan." "Place Stop signs at all exits." - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 Planning Dept. "(13 Align drive onto NE 15th Place with proposed drive to North. (.2) Extend sidewalks thru driveways." Mr. Annunziato said the Technical Review Board recommended the plans be approved. Mr. John Pagliarulo, Building Contractor, 640 East Ocean Avenue, Boynton Beach, Agent for the Owner, came forward. He told the Board they realize they are limited to the amount of seating depending~on the parking facilities[ It is a standard building that Duff's.builds throughout the country and is~targe for the parking facilities. The main entrance to the building will face U.S~ t. It will be a smorgasbord restaurant, open from 11:00 until 3:00 P. M. and from 4:00 P. M. until 8:00 P. M. Mr. Linkous moved, seconded by Mr. Zive, to approve the site plans, subject.to staff comments. Motion carried 5-0. Project Name: Agent: Owner: Location: Description: Hunters Run Golf & Racquet Club. Tract A Site Plan.Modification Charles Gilbert Summit Associates, Ltd. Summit Blvd. at Southport Lane Completion of Tract A, adding 8 units and modifying parking for existing sales center Mr. Annunziato asked the Board to recall that SUmmit .Drive constitutes the sales area. The applicant will take the existing buildings out of'the model homes phase and put them in the sales phase. Eight additional units will be constructed, facing on the golf course. Mr. Annunziato read the staff comments, as follows: "Engineering Dept. Grades and elevations are required for parking lots. Planning Dept. Access office.bldg, from Southport Lane in future. " Mr. Annunziato said the overalll staff recommendations were that the plan be approved subject to staff comments. The Board had no questions of Mr. Charles Gilbert, 35 Southport Lane, Agent for the Owner. A motion was made by Mr. Zive, second,ed by Mr. Wandelt, to accept the plan subject to staff comments. Motion carried 5-0. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 28, 1981 Project Name: Agent: Owner: Location: Description: Boca Raton Federal office complex site plan modification, now knoWn as Colonial Center Frederick Prout Colonial Associates 1200 S. Federal Highway Plan Modification to accommodate tree locations, DOT permit and sur~vey etc. Mr. Annunziato said the~intent in the beginning was to save some large ~trees. ApparentlY, some of the locations of the buildings have to be moved. He said the driveway would be mo.ved approxi- mately 40 feet to the north to accommodate the DOT permit. Buildings 2 and 3 Will be moved five feet to the south., Building 4 - four feet to the east, Building 5 - One foot to the west, and Building 6 was reduced in size. The reasons for the changes were to acoommodate the trees, a small error in the survey, and additional fire hydrants were added. The driveway entrance was also changed. The Technical Review Board had no comments. the plan be approved as submitted. Mr. Annunziato recommended Mr. John Shoup, Shoup and McKinley, Architects, Boca Raton, Agent for the Owner, told the Board he would be willing to answer any of their questions, Mr. Linkous moved to recommend approval of the plan as submitted. Mr. Hester seconded the motion, and the motion carried 5-0. ADJOURNMENT After motion made by Mr, Zive, seconded by Mr. Linkous, which carried 5-0, the meeting was prouerly adjourned at 9:00 P. M. Respectfully submitted, ~R~a a~~s e~~er~'~~~ (~Two Tapes) U - 10 -