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Minutes 10-28-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, OCTOBER 28, 1980 PRESENT Arnold Thompson, Chairman Sidney Bernstein Simon Ryder Garry Winter Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner ABSENT Lillian Bond (Excused) Fred DiSalle, Vice Chairman Wayne Drew Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner, Assistant City Planner and Recording Secretary. He recognized the presence in the audience of Councilman Joe deLong. MINUTES OF OCTOBER 15, 1980 Mr. Ryder moved to adopt the minutes as written, s~conded by Mr. Winter. Motion carried 3-0 with Mr. Bernstein abstaining. ANNOUNCEMENTS Mr. Annunziato reminded the Board members that the next meeting will be the second meeting in November, as November 11 is a holiday, Veterans' Day. COMMUNICATIONS Chairman Thompson announced one letter has been received per- taining to the public hearing and will be read into the min- utes at the appropriate time. OLD BUSINESS Mr. Ryder referred to the Boca Raton Federal petition for the office condominium in the Lee Manor area and stated we made a recommendation to explore the possibility of removing one of the means of access on Castilla Lane to decrease it to two. He reported the petitioner agreed and the Council approved on that basis. Discussion of Status of Streets in the Boynton Central Park Planned Industrial Development Preliminary Plat Mr. Annunziato stated this comes to the Board as a result of the Council finding there was no substantial change. The matter is a change of the street status in Boynton Central Park Planned Industrial Development from public to private standards. MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Mr. Annunziato referred to this coming before the Board previ- ously and advised it was referred to the Council because the item was part of zoning. It did go back ~o the Council for the determination whether this was a substantial change. It is now up to the Board to approve or disapprove the change from public to private streets. He ascertained there were no questions concerning the history of this request. Mr. Annunziato stated it is important to the City that we maintain for municipal purposes access of all the streets in this P.I.D. to perform municipal services and have access to utility easements and provide access to the state owned land to the east of the railroad. It is the staff's recommendation that the developer dedicate in easement form the private roads to Boynton Beach for municipal purposes and the developer as- sume responsibility for maintenance. Mr. Robert Hamilton then came forward representing the deve- loper. They agree with Mr. Annunziato because it was their intent from the beginning for the City to be able to come in for maintenance of the wells and they are aware of the state owned property. It was always their intent to give the City the right to come in and out. The verbiage will have to be discussed with the spirit and intent. They only maintain that the public cannot have access. Therefore, if the verbi- age is acceptable to their counsel and to the City's counsel, they have no problems. Mr. Annunziato clarified that it is the intent of this verbiage to provide access only for Boynton Beach municipal services and not the general public. Mr. Ryder stated when we last discussed this, there seemed to be the possibility of the City having access to Tract A and to the east with the possibility for the public to have access. If it is apparent other than the City there is no one else, no member of the public would have to use this area, he supposes we could go on the basis of confining access for municipal use. Mr. Ryder questioned how this affects the parcels to the north fronting on Woolbright Road and Mr. Annunziato replied the portion of the road right-of-way lying between Wootbright Road and Lot 1 would be dedicated to the public for access to the commercial tracts. Mr. Ryder asked if there would be any problem that a road would be desired on the northerly limit of this tract and Mr. Annunziato replied he didn't think there was any reason why the City could not have it; however, it would violate this plan. Mr. Ryder added that he doesn't know if it would be needed. -2- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Chairman Thompson referred to having concern for the state owned land to the east of the railroad and stated if this would come under ownership to the City, access to the public should be granted by some means. Possibly it could be a park since it is over 14 acres. If access could be granted through the commercial development to the north, then there would be no problem. There should be some stipulation regarding the future use of this property if it is turned into a park at a future date access would be granted either through this pro- perty or the commercial property to the north. Mr. Annunziato informed him we cannot make recommendations right now regard- ing these parcels since they are not owned by this developer. Access of the state owned land is something which needs to be addressed. He is not sure whether Boynton Beach will ever have title to that property and the potential of obtaining a railroad crossing is limited. The future use of the land is unknown. He doesn't know what demand would be put on that property. Chairman Thompson remarked that we cannot close all doors. Mr. Ryder pointed out that a peripheral road could serve the purpose for access to the east if that seems to be desirable. Mr. Annunziato asked if he was indicating there should be a road and Mr. Ryder replied that he didn't mean now, but there should be the possibility of having the road in the event it is found to be desirable. Mr. Annunziato stated in all fair- ness to the owner of the property to the north, he thinks it is impractical to have a road come off his property entirely. If unobstructed access to the parcel to the east is a concern of the Board, perhaps steps could be taken to require one-half road right-of-way from each developer. Mr. Hamilton stated he cannot satisfy all the needs. He told about a group of people coming from all over the country to look at potential industrial sites from West Palm Beach to Boca Raton and told about the criteria considered in evaluat- ing a site. He stressed that ~AAA site is based on security. Security can only be maintained by total control of the road to the public. They are in the position that this site does not have to be developed now and they will strive to make it an AAA site at a later date. It is not acceptable to accept anything other than this plan before the Board. They have discussed this plan with all the City officials and have been working on this for over a year. They have looked at every way they feel is necessary to give the City its needs. They now believe the City has to look to them for their needs. They have given all the right-of-way necessary, etc. The Board is now referring to property whi~ the City does not own, etc. and talking about if and when certain things happen. They are not willing to give based on a precaution. They are willing to give the wells, rights-of-way, functions to the City to do business on a daily basis and they expect to re- ceive that same treatment in return. He doesn't know if it would hold up the wells if they don't file the final plat. MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Mr. Annunziato informed him that the City has taken the posi- tion that we do have unrestricted access to the utility ease- ments. Chairman Thompson stated with all due respect to Mr. Hamilton and realizing he is one of the finest developers in the City, he has no problem with what he has done and understands his position. However, he doesn't feel we can close the door on this parcel. He referred to the City lacking in park area and the possibility of this parcel being developed as a park and stated public access will be a main consideration. Obviously this land is not going to be used for road right-of-way by the state and to let it set when we need park area and not to try to make a comment regarding access to it would be negative on the Board's part. Having an AAA industrial park would be an asset to the City, but we can't forget this parcel does exist. Mr. Hamilton stated he was really considering public access. The City will have access by virtue of the verbiage discussed. He cannot make judgment on an hypothesis, but must submit a concrete plan. There is no plan, no use, no contract to buy this land right now. This is an intent to invoke upon him a restraint without any plan. Mr. Bernstein clarified that it is fact the land is there and access is going to be required. Mr. Hamilton stressed they will not develop the industrial park without privacy. For the lack of that privacy, the City will not benefit by the loss of some one-half million square feet of industrial buildings and the people they will employ. Mr. Annunziato stated as far as the future use of this surplus right-of-way, the comprehensive plan does recognize that land for recreation purposes. If privacy is an issue for Mr. Hamilton and access is for the City, perhaps access along Lots 2 thru 5 can be accomplished with splitting the right-of- way to the owner to the north and to Mr. Hamilton. This would afford Mr. Hamilton privacy with not putting the road on his property. He would have access control. The developer to the north has submitted a master plan and it would be incumbent upon this Board to recognize the need for one-half of the right-of-way. This would share the burden of providing access to the surplus right-of-way. It would also give Mr. Hamilton the privacy needed to develop the park. Mr. Hamilton stated this 30' would cut down the density factor on four lots. Mr. Annunziato replied this is a compromise solution based on the concerns raised by the City. He thinks this is equitable to both parties. Mr. Hamilton stated they will give this long consideration. -4- MINUTES - PLANNING & ZONING BOARD OCT05 Mr. Annunziato stated if this is a determination, see the necessity for having a cul-de-sac provide adjacent to the railroad. Mr. Ryder stated as long as the possibility is t? not happen. The land may stay there without a s~ City would have the possibility of putting it in necessary. east. ER 28, 1980 he cannot a 60' length ere, it may .reet. The when deemed He would only have to go from the en~.rance road Mr. Hamilton requested the Board to act in the manner in which they will and he will take it back to his people Chairman Thompson asked if this will go back to ~he City Council for final resolution and Mr. Annunziato replied it goes back to the City Council as a final plat. !he compro- mise solution addresses both problems. Mr. Ryder moved that with regard to the matter o streets in Boynton Central Park P.I.D., this Board recommen( s modifica- tion so that along the northern boundary of this P.I.D. there be an access road going eastward to the 1-95 rig]It-of-way and that provision be made so in the future,half of ~he width of the roadway along the northerly strip can be pro~ided. Mr. Annunziato asked if he was saying that he is agr~eing with the developer that all the roads in the P.I.D. s]lall become private with ingress and egress to the City for I~unicipal purposes and the north 30' of Lots 2-5 will refll~ct one-half of a possibly dedicated right-of-way and Mr. Ryd~r replied affirmatively. Mr. Hamilton requested that in the event they agree to give this 30' that it be stipulated in the motion that this will not affect the original setbacks and Mr. Annunziato informed him this would be a variance request beyond the limits of the Planning & Zoning Board. Chairman Thompson referred to the cul-de's~c and Mr. Annunziato stated if there is going to be a publicl~ dedicated right-of-way, there is no. need for a cul-de-sac to be adjacent to the rail- road and it could be moved 100' westward and the property to the east covered by a private street.~ Mr. Ryder clarified that his moti plat for Boynton Central Park P.I approve acceptance of all the str be private streets, that the City and use be free to use any of the tion modification be made along t affecting lots 2 thru 5 so 30' fr going back southerly for a distan possible future public road, and Dn in connection with the .D. is that this Board eets shown on the plat to for municipal purposes private streets, in addi- he northerly boundary om the northerly limit ce of 30' be provided for the cul-de-sac on 17th Lane need not abut the Seaboard Airline Railroad. Mr. Bernstein seconded the motion. No discussion. Motion carried 4-0. -5- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Mr. Hamilton asked if the other property owner refuses to give the 30', where does that leave this P.I.D. and Mr. Annunziato replied it would be incumbent upon the northerly property owner to agree to this right-of-way to get his plat recorded. PUBLIC HEARING Conditional Use Request Applicant: Location: Legal Description: Request: Bill's Automotive Repair, Inc. W. Hegstrom, Agent 425 N. E. 4th Street Lots 1 & 2, Block 6, Roberts Addition Automobile & Truck Sales & Rental Agency Mr. Annunziato informed the Board this is a conditional use request in a C-4 zone for the sale of automobiles. No site plan was forthcoming since the applicant is utilizing the existing building and plans to make no modifications. He explained the location to the north of the dog poundl Noti- fication was sent to all property owners within 400 feet. He will make a recommendation after the public hearing. Chairman Thompson asked if anyone in the audience cared to speak in favor of this conditional use request and the following came before the Board. Mr. William Hegstrom, Sr., Secretary of the corporation, stated he is in favor. Mr. Ryder clarified that no changes would be made to the existing structure and Mr. Hegstrom agreed this was correct. Mr. Bernstein asked if they were going to discontinue repair work and Mr. Hegstrom replied negatively. He added that the owner of the property is in the process of putting a new roof on the building and Mr. Annunziato advised this would be maintenance and not subject to a site plan change. Mr. William Hegstrom, Jr., stated he believes the property right now is well set up for this particular usage. There are other dealerships in the area. He is applying for a motor vehicle dealership. Mr. Annunziato informed him the language advertised was based on the specific language in the zoning Code. Mr. Hegstrom continued that this is a spot where it is most likely to have one of these places. It is all commercial zoning in the area. He thinks the spot is fine. Mr. ~nnunziato added that Mr. Hegstrom takes better care of his property than others in the neighborhood. -6- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Chairman Thompson asked if anyone in the audience cared to speak in opposition to this conditional use request and re- ceived no response. He read a letter from Joe & Louise Nelson in favor of this request. He then declared the public hearing closed. Mro Annunziato informed the Board this was not reviewed by the Technical Review Board since there were no plans to modify the site. The Planning Department finds no fault with the application and recommends approval. Mro Ryder stated as pointed out, this location is in a C-4 zone which permits this use on a conditional basis. In the standards for evaluating a conditional use, one which was discussed is general compatibility with adjacent properties. He thinks it is evident from this area that this is compa- tible and this use will not have any damaging effect on the immediate neighborhood. The only question he has is the matter of additional traffic. 4th Street is rather narrow, but he believes two cars can get by. Do many of their cus- tomers use 4th Street or do they come off Federal Highway and Mr. Hegstrom replied that both are used. Mr. Hegstrom added that he is mostly in the repair business and is trying to convert into sales. For right now, he doesn't believe there would be any added traffic. Also, 4th Avenue is adjacent to the property and it comes directly from Federal Highway. Mr. Ryder stated this merits consideration for conditional use. Chairman Thompson referred to the area being small and questioned how many cars they plan to have for sale or rental on site on a permanent basis and Mr. Hegstrom re- plied that right now, the plans are limited to the number which can fit inside the building. In the future, he plans to install a fence around the area and will be limited to whatever will fit in there. He explained how most of the sales would be on a wholesaler to wholesaler basis with not much public sales. Chairman Thompson asked how many spaces will be available for parking for the public and Mr. Hegstrom replied there is a good area at the moment which will remain. He likes to keep a neat orderly operation. Mr. Ryder asked if anybody needs access to 4th Avenue going west from 4th Street to the railroad and Mr. Annunziato in- formed him that this has been abandoned. Mr. Ryder clari- fied that presently there is a paved road there. -7- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Mr. Hegstrom referred back to the parking and told about the V.F.W. building a large parking lot and stated most of their parking is not used until the evening. There is plenty of parking around this area. Mr. Bernstein questioned his plans to fence in the area and Mr. Hegstrom explained he plans to do this at a future date when he cannot park the automobiles inside. Mr. Winter made a motion that the Board approve the conditional use request of Bill's Automotive Repair at 425 N. E. 4th Street, Lots 1 & 2, Block 6, Roberts Addition, for an automo- bile and truck sales and rental agency. Mr. Ryder seconded the motion. No discussion. Motion carried 4-0. NEW BUSINESS Site Plan Approval Applicant: Location: Legal Description: Boynton Beach Mausoleum, Inc. Brady Osborne, Agent 1611 South Seacrest Blvd. Boynton Beach Memorial Park & Boynton Beach Memorial Park Addition No. 1 Mr. Annunziato referred to this being a proposal for a mausoleum to serve the City and explained it is being built by a private developer to be turned over to the City in turn-key fashion. He explained the location and pointed out the first phase would center on the east/west driveway which splits the cemetery in a north/south manner. Mr. Annunziato advised this came to the staff approximately one month ago and was referred to the City Council for review and confirmation of the plan. This application was reviewed by the staff and several comments were forthcoming and should be addressed for the record. He thinks Mr. Osborne indicated each and every one would be addressed in the final submittal. Mr. Annunziato stated one concern which was raised by members of the Cemetery Board and administrative staff was the loca- tion of the building with respect to the driveway. It was understood the building was to be centered on the east/west driveway. He explained how the building elevations would be modified with a portecochere to support east/west traffic. Mr. Annunziato then read the following requirements listed by the Building Official: -8- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Health Department approval. Health and Rehabilitative services for air-pollution. Show finish floor elevations six inches above crown of Woolbright Road. Code calls for rest room facilities and potable water for drinking fountain. Note: No off-street parking shown. Mr. Annunziato continued that the proposal as submitted showed no facilities for rest rooms and apparently the build- ing code requires these be provided. Mr. Osborne plans to construct a free standing rest room to the south of this building. At the time of construction of Phase II, it will be incorporated in the building. Mr. Annunziato continued that the Utility Department notes subject to water and sewer requirements by the Building Official. The Planning Department's comment concerns park- ing for this use. Our zoning code does not reflect any parking requirement for a mausoleum. It falls into the category of a recommendation from the Planning & Zoning Board as to how many are required for this type of use. In conversations with members of the Cemetery Board, it has led him to believe parking is not required since ser- vices which would be held would be similar to a burial ser- vice and the automobiles would be accommodated on the drive- ways. There is also parking to the west of this building now serving the ball diamonds. He doesn't suspect there would be a conflict in timing. Therefore, it is recommended that the Board find no parking is required for this use and the developer be permitted to use the driveways in a similar manner as they are now being used. The overall staff recom- mendation is the plan be approved subject to staff comments, providing the rest rooms, through traffic through the east/ west driveway and no parking required. Mr. Osborne is pre- sent and he would like to have him make a comment on these recommendations. Mr. Brady Osborne, President of Boynton Beach Mausoleum, Inc., stated he agrees to all the things mentioned by Mr. Annunziato. He submitted a drawing of what they propose to do in terms of the rest rooms. mausoleum, they did not realize t rest room facilities. They under state requirement. There are fac building, but because they are mo the mausoleum, Mr. Howell says th room facilities. They propose to walkway of the present building a In the next phase of the mausoleu the rest rooms and ihcorporate th When first planning the here was a requirement for ~tand now that it is a .lities in the cemetery re than 150 feet away from sy will have to have rest go about 10 feet off the nd build the rest rooms. n project, they will cover sm into the next building. On the portecochere, they have talked to the architect and it can be modified to have 20' which will more than cover the road. -9- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Mr. Ryder asked if the future extension would be primarily ~ the south and Mr. Osborne informed him it would be to the north and south and explained there is a chapel in the first phase. Mr. Ryder clarified that in this present stage, instead of having 200 plots, there would be provision for over 1,200 and Mr. Osborne agreed this was correct. Mr. Ryder clari- fied there would be new buildings built on either side and Mr. Osborne advised that the understanding is when 80% are sold, they will begin construction on the new addition. Mr. Bernstein asked if the rest rooms will accommodate the handicapped and Mr. Osborne replied affirmatively. Mr. Annunziato stated that Mr. Hu~ford might want to put something on record concerning this proposal. The Cemetery Board is responsible for this proposal and has been working with Mr. Osborne for years. Mr. Ed Hurford, Chairman of the Cemetery Board, stated this plan that Mr. Osborne has presented has the approval from the Cemetery Board angle. They have been for many years trying to get a mausoleum in actual operation. In their opinion, this is very satisfactory as far as they are concerned. Mr. Annunziato advised that Mr. Combs is also present and possibly can give some indication regarding the parking re- quirements. Mr. Combs came before the Board and stated he came mainly to answer any questions which he can as a funeral director and serving on the Cemetery Board. The need for parking is no different than to set up a tent and have a service. He can see no problem. The western boun- dary shows additional parking if necessary. If he can supply any information, he will be glad to answer any questions. He and the Board are in favor of this. Mr. Winter asked what a garden style crypt is and Mr. Osborn replied that it is outside and in the future, there will only be garden type crypts with none inside the chapel. Chairman Thompson referred to there being a comment at the meeting yesterday that the use of this chapel will be strict- ly for interment only and not a funeral service and Mr. Osborne agreed but clarified it would be for a commital service which lasts five to seven minutes. Mr. Ryder referred to this having been worked on for a long period of time and commended the Cemetery Board for coming up with this solution. From seeing the plans and visiting the site, he thinks it is an attrative building. This will lend dignity to the cemetery. It is a practical use of space which is limited to an extent and hopefully we can take care of many more people than ordinarily we could provide for. He thinks this will be a fine thing for the City. -10- MINUTES - PLANNING & ZONING BOARD OCTOBER 28, 1980 Mr. Bernstein moved to approve this application for Boynton Beach Mausoleum, Inc., 1611 South Seacrest Boulevard, for the construction of a mausoleum subject to staff comments. Mr. Winter seconded the motion. No discussion. Motion carried 4-0. Mr. Annunziato referred to the parking requirements and Mr. Bernstein replied these were part of the staff comments. Mr. Annunziato clarified there was no need for parking spaces and Mr. Bernstein agreed this was correct. Mr. Ryder added that circulation through the road has also been covered with moving the columns. ADJOURNMENT Mr. Winter moved to adjourn, seconded by Mr. Bernstein. Motion carried 4-0 and the meeting was properly adjourned at 8:30 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -11- AGENDA ~ PLANNING A~ND ZONING BOARD Regular Meeting DATE: TIME: PLACE: October 28th, 1980 7:30 P.M. Council Chambers City Hall 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes.. 3. Announcement. 4. Communications. 5. "Citizens Awareness" Presentation: canceled Old Busihess: Discussion of status of streets in the Boynton Central Park/PID Preliminary Plat. 7. New Business: A. PUBLIC HEARING 8:00 P.M. CONDITIONAL USE REQUEST Applicant: Location: Legal Description: Request: Bill's ~utomotive Repair, Inc.,(W. Hegstrom,agent) ~425. N.E. 4th Street Lots 1 & 2, Block 6, Roberts Addition Automobile & Truck Sales & Rental Agency B. Site Plan Approval: Applicant: Location: Legal Description: Boynton Beach Mausoleum, Inc. (Brady Osborne,agent) 1611 So. Seacrest Blvd. Boynton Bch Memorial Park & Boynton Bch Memorial Park Addition No. 1