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Minutes 02-12-80MINUTES OF THE PLANNING & ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 12, 1980 PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Lillian Bond Wayne Drew Marilyn Huckle Simon Ryder Garry Winter Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. MINUTES OF JANUARY 22, 1980 Mrs. Huckle moved that the minutes for the Planning & Zoning Board meeting for January 22, 1980, be approved as submitted, seconded by Mrs. Bond. No discussion. Motion carried 7-0. ANNOUNCEMENTS Mr. Annunziato reminded the members that on February 21, we will hold a public hearing on the rezoning of the City in con- nection with the adopted Comprehensive Plan at 7:30 P. M. Mr. Annunziato read a letter from Village Royale on the Green requesting the plans submitted for a recreational building be postponed for two weeks. He added this is on the agenda to- night and they are asking for postponement of two weeks, which he recommends be granted. Mr. Grabeel referred to a request made by the members and dis- tributed a flow chart on the different approval procedures and applications submitted to the Planning & Zoning Board. He re- viewed the chart and explained the procedures. Mr. Grabeel announced that Mr. Barry Seaman, Director of the Palm Beach County Housing Authority, who was going to be pre- sent for the Citizens' Awareness Presentation has a medical problem and is unable to attend. It has been agreed that he will give a presentation at the next meeting with the repre- sentatives from Community Development because they work to- gether and their presentations will be similar. NEW BUSINESS Preliminary Plats MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Applicant: Location: Legal Description: Project Description: Project Name: Las Palmas Venture (Mr. Fernandez, Agent) Between N.E. 26th Ave. & N.E. 22nd Ave., and between FEC R/W & N.E. 4th Street Bellamar Villas Unit One (First Phase) 50 Duplex Units & 80 Rental Apartments & Recreational Facilities/PUD with LUI of 5.00 Bellamar Villas Mr. Annunziato informed the Board that this plat represents primarily technical correspondence submitted to the City in connection to the rezoning for the Bellamar Villas PUD. This constituted a change to the Comprehensive Plan in that the pro- perty adjacent to 22nd Avenue provided for neighborhood com- mercial and it was requested to include that property in the major portion of land for multi-family and that is the way it was adopted. The applicant then submitted a PUD application and it was rezoned to PUD. The next two stages are to submit the preliminary plat and site plan. This preliminary plat provides for construction of 50 duplex units and 80 rental apartments. The apartments are along the FEC right-of-way and the duplexes are in the western 2/3 of the proposed plat. This constitutes approximately one-half of the proposed development. He explained the location of this property. Mrs. Huckle questioned when this was rezoned and Mr. Annunziato replied within the last three months. Mr. Annunziato referred to the staff comments and advis~ they deal with two separate areas. One concerns the lift station site and that the tract be dedicated to the City and not as an easement. The second set of comments is that the applicant should be working to completion of the School Board agreement and to set the land value for recreation and parks dedication as provided by the Subdivision Ordinance. The Subdivision Ordinance requires 2.10 acres and Mr. Frederick's memo gives the specifics. He read the memo and advised after the 1/2 credit for private recreation facilities, a fee is recom- mended in lieu of land equivalent to 1.05 acres. The appli- cant has submitted an appraisal of $20,000 per acre and based on this, the recreation fee would be $21,000. He recommends accepting this fee. The overall staff comment is this plat be approved subject to the staff recommendations. Mr. Fernandez, engineer representing Bellamar Villas, stated there is no problem dedicating the utility tract to the City. They will contact the School Board. However, since they are only platting half the property, would it be possible to con- tribute half the fees for the parks and recreation? -2- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Annunziato informed him the dollar figure is based on just the number of units which appear in this plat, 80 apartment units and 50 duplex units, and he explained. Mr. Fernandez then agreed. Mr. Ryder referred to this consisting of rental apartments and duplexes and asked if there would be any condominiums and Mr. Fernandez replied negatively. Mr. Ryder referred to there being a barrier along the railroad and Mr. Fernandez agreed there would be a fence as well as a 5' restricted access easement all around the property. Mr. Annunziato stated if there is going to be a motion recommend- ing approval, he requests that the appraisal submitted be ac- cepted as the land value per acre required by the ordinance. Mr. DiSalle made a motion to approve the preliminary plat of Las Palmas Venture between N. E. 22nd and 26th Avenues as Bellamar Villas for 50 duplex units and 80 rental apartments, subject to staff recommendations and land appraisal value sub- mitted. Mr. Ryder seconded the motion. No discussion. Motion carried 7-0. Applicant: Location: Legal Description: Project Description: High Ridge Country Club (Lee Starkey, Agent) South of Hypoluxo Road & West of High Ridge Road & East of LWDD Canal E-4 High Ridge Country Club Golf Course & Club House Mr. Annunziato informed the Board this preliminary plat contem- plates the construction of a gOlf course known as the High Ridge Country Club with a club house, tennis courts and main- tenance area. There are no residential units contemplated in this plat. The driveway will enter from Hypoluxo Road to the clubhouse with the location to be fixed on the site so as not to interfere with the vegetation on the site. This was re- viewed approximately one year ago as a site plan for a golf course. The pre-application was approved by this Board last month and the comments were incorporated into this preliminary plat. The City limit line lies at the eastern shore of the E-4 Canal and the applicant is about to proceed with the an- nexation of that land. There was some question about future ties into utilities which will be addressed in the comments. The easements are shown for utilities when they are con- structed. -3- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Annunziato referred to the staff comments and advised the two major items discussed concern the fire protection as pro- posed and what would happen when utilities are available and where they would tie in. The Fire Marshal is requesting the temporary fire protection system for the club house be aban- doned when the water system is available. The City Engineer has noted in a memo that drainage easements should be shown even though there is only one owner for all the property and a statement to the effect that "the owner or assigns is respon- sible for maintenance and operation of the drainage system and lakes including the control of aquatic.weeds" is requested to be added to the dedication. He explained the purpose of these requests. Also Mr. Clark noted on the plan that the type of pipe specifically should be more descriptive and final deve- lopment plans must be submitted. A revised boundary descrip- tion is required. Mr. Annunziato continued that the Utility Director notes they must tie into utilities at the two places noted when available and that tie-in be bonded. Also they must hold the City harm- less for golf course repairs on'any utilities routed through the golf course. Mr. Annunziato stated the staff recommendation is this plat be approved subject to comments. Mr. Ryder stated the hold harmless clause refers to a possible restoration and Mr. Annunziato agreed and explained. Mr. Lee Starkey, engineer for the project, stated he is fami- liar with all the staff comments. He does question the re- quirement to bond the water line connection. If they had a better concept of when water lines would be available to-make the connection, they might be receptive to that requirement, but nobody can tell them when that will be available. The request is for it to be bonded for an undetermined time and bonds are expensive. A bond could possibly be maintained for three or five years to make that connection. At such time as potable water lines are available, the Health Department will force this club to connect to them. They will not allow private water to exist when City water is available. He thinks Mr. Cessna has this confused with a development. This is simply a golf course. It would be a great burden to place on the membership. He requests the preliminary plat be ap- proved less that condition. Mr. Annunziato stated the issue he believes is not potable-~ water as much as fire protection. He understands the Health D.epartment does require a connection, but doesn't think they will require a connection for fire protection. -4- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Starkey stated when they need to connect to municipal lines, the City would have leverage to require that connec- tion. The owners are installing an expensive fire protection system in accordance with national standards. He will make a commitment for the Board members that when potable water is available, they will connect and abandon the private system. He asks relief from the requirement of the bond. Chairman Thompson asked if this could be enforced without a bond and Mr. Annunziato replied that it could not to his know- ledge. Mr. Ryder asked if it could be required for the resi- dent~l houses and Mr. Annunziato replied it will not be avail- able until the residences are developed. However, with a bond, we have the leverage to extend the water mains. It is possible that request could fall on ears not receptive sometime in the future. If somebody doesn't have to spend it in the future, they will think twice about it. Mr. DiSalle asked if we have the authority to rescind the bond requirements and Mr. Annunziato replied there is nothing requiring the bond in the ordinance. Mrs. Huckle asked if the Fire Department regu- lations required such an agreement and Mr. Annunziato replied negatively; he is required to protect the building which they are doing. Mr. Starkey added that the developers and Board members are spending about $60,000 for a sprinkler system for the building, an approved certified system, because they want the benefit of lower insurance rates. They will always want those benefits and a municipal system provides a far lower in- surance rate than any other. It would be in their interest to connect to the system without the leverage of a bond. Chairman Thompson asked if the regulation s of the Restaurant and Health Commission required this and Mr. Annunziato replied they did not to his knowledge regarding fire protection. Mr. Starkey advised the only requirements for fire protection would be in the municipal code. They are providing certified fire protection. They will not want to maintain a private_ system when potable water is available. They will receive benefits by connecting with lower insurance rates. Mrs. Huckle questioned how a private system is monitored and Mr. Starkey replied that it is maintained by the club staff. He as not sure if the Fire Department will test it, but the fire underwriters will to justify the lower insurance rates. Mr. Starkey stated he could still not see how a bond could be required with it not being for a specified amount or specified time. They do not know where the lines will be, etc. It is totally an unreasonable requirement. Chairman Thompson asked if the City Attorney had addressed this and Mr. Annunziato replied negatively, that it has not been brought to his atten- tion. He clarified that there is nothing to require ~the club to tie into the fire protection system when it is available. Mr. Winter asked if an opinion could be obtained from Mr. Vance and Mr. Annunziato replied he thought this would be proper. -5- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Starkey stated there is no requirement within the City saying they had to put in a sprinkler system. There is no requirement as to the emergency water supply, lake, pump and standby generator, but these people did it because of the lower insurance rates. That imperative will remain and it will be to their benefit to make the connection when avail- able. Mr. Ryder commented that it was also a concern who will develop the residential units and Mr. Starkey replied the residential units will have to put the water lines in. The water will be put in close proximity to the club house. Mr. Annunziato agreed and this is the reason for the easement locations being shown. Chairman Thompson asked if the lines would be large enough for the club house and Mr. Starkey replied they would have to be in order to maintain the fire underwriters certifi- cation. Chairman Thompson asked if there was a note on the plan indicating the line size for both uses and Mr. Annunziato informed him there was a memo requiring a 6" line. Mr. Ed Robbins suggested that residual value of the installa- tion could be dedicated to the City in lieu Of bonding. Mr. Starkey agreed this was an excellent idea. He explained there will be a residual value to the equipment and it must be dis- connected and that would fall to the City. This would be in lieu of anY difficult bonding. Mr. Annunziato asked if he was suggesting the City receive ownership of their pump and well and Mr. Starkey replied not immediately and corrected the source of water for the fire protection system is the lake. He explained that at such time as the potable water is avail- able and fire protection' is provided by the municipal water supply, the proposed equipment will not be n~cessary and they will make an agreement that title to that equipment will go to the City. Mr. Annunziato stated he was not sure that he wanted to address this issue and Mrs. Huckle suggested this be con- sidered legally. Mr. Annunziato advised the City Attorney would have to answer this. Mr. Annunziato questioned if the cost of fire insurance would be more than the cost of installation when the water is avail- able? The cost is what must be considered in several years. The incentive to tie into the system is greatest now. This is when the City can exert its feelings into future protection for the City. We don't want to have the Potential for unpro- tected buildings in the future. If it costs more for installa- tion than insurance, they won't make the installation. Mr. Starkey commented that installation won't cost as much as the system costs now. -6- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Ryder commented that apparently there will be some reluc- tance to go along with this suggestion. He thinks we should go along with all the recommendations including the bond to provide for the future installation and Mr. Starkey can make an appeal to the City Council, at which time the City Attorney will be present and can guide the Council in that regard. Mr. Ryder moved to approve this preliminary plat for High Ridge Country Club in accordance with all staff recommendations includ- ing as well the one requiring the future installation of potable water be bonded at this time. Mr. Winter seconded the motion. Under discussion, Mrs. Huckle questioned if it was possible to incorporate into this recommendation some of the feeling we have such as the alternative and Mr. Ryder replied that the minutes will reflect our discussion. Mrs. Huckle asked if the City Attorney reads every word and she would like specific direction in the motion. Mr. Annunziato suggested that it be recommended that the City and the applicant explore alterna- tives to bonding. Mr. Ryder agreed to include the suggestion that the Council and applicant confer further on any possibili- ties for an alternative method to insure the installation and Mrs. Huckle agreed. Motion carried 7-0. Site Plan Approval Applicant: Location: Legal Description: Project Description: Project Name: Las Palmas Venture (Mr. Fernandez, Agent) Between N.E. 26th Ave. & N.E. 22nd Ave. and between FEC R/W & N.E. 4th Street Bellamar Villas Unit One (First Phase) 50 Duplex Units & 80 Rental Apartments & Recreation Facilities/PUD with LUI of 5.00 Bellamar Villas Mr. Grabeel showed the plan. Mr. Winter asked if any provisions were made for street lighting and Mr. Grabeel replied affirma- tively and pointed out that it was noted. Mr. Grabeel refer- red to the staff comments. The Engineering Department noted to add reference to drainage for utility plans. The Utility Department noted subject to easements. The Public Works Department noted they must provide concrete pads of 10 x 10' and show the dumpster site location. The Planning Department noted buffering on the property line. Mr. Annunziato referred to the plan and pointed out the apart- ments will be two stories, 12 unit apartments and one 8 unit building. The duplexes are similar to Los Mangos. Also pro- vided are tennis courts and pool. Access to the site in this phase will be from N. E. 22nd Avenue. When completed, it will tie in to N. E. 26th Avenue. The utilities for this site plan are combined with the preliminary plat documents. The plat will be served by sewer, water and drainage. -7- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Fernandez informed the Board that they have located two 10 x 10' concrete pads for the dumpsters on the plan. There will be two at the apartment site. There will be a fence along the railroad right-of-way. There will also probably be a 6' wood fence with alternate type of landscaping. Mrs. Bond asked if the fence will surround the whole property and Mr. Fernandez informed her a hedge type barrier was planned on 4th Street. Chairman Thompson asked if he was in agreement with the staff comments and Mr. Fernandez replied affirmatively. Mr. Winter questioned the square footage of the apartments and Mr. Fernandez replied it was about 750 square feet. Mr. Winter pointed out that it looked like only about 690 square feet and Mr. Fernandez clarified that the living area is 694 square feet. Mr. Annunziato informed him the unit size will have to meet the 750 square feet minimum. Mr. Winter com- mented that all the apartments shown on the plan are too small and Mr. Annunziato agreed and advised they must be expanded in size; the minimum allowed is 750 square feet. Mr. Fernandez asked if the corridor and balcony could be included in this area and Mr. Annunziato replied negatively, only the livable area. He stated this issue can be resolved by a comment from the Board that the applicant must expand the size of the units to comply with the code. He checked the code and advised that 50% of the balcony could be included in the livable area, but these will still have to be expanded to meet the unit size. Mr. Ryder commented that they are trying to provide for people of modest means and there is certainly a need for that. Mr. DiSatle made a motion to approve the site plan for Las Palmas Venture, Bellamar~Villas, for 50 duplex units and 80 rental apartments, subject to staff comments and to the com- ments made by the Planning & Zoning Board regarding the size of the apartments. Mr. Annunziato clarified this was subject to expanding the apartments to a minimum size of 750 square feet. Mr. Winter seconded the motion. No discussion. Motion carried 7-0. Mrs. Huckle asked if there was a size requirement in the PUD and Mr. Annunziato informed her it was according to the R-3 code. Applicant: Location: Legal Description: Project Description: High Ridge Country Club (Lee Starkey, Agent) South of Hypoluxo Road & west of High Ridge Road & East of LWDD E-4 Canal High Ridge Country Club Golf Course and Club House -8- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Grabeel informed the Board this is the site plan for the club house and cart shed. He explained the access provided for emergency vehicles. The parking was based on 250 member- ship with one space required for each five members and 264 spaces were provided. He explained there were some questions concerning the dimensions of the parking lot. An additional four handicapped parking spaces are required. The Police Department requires a light in the rear of the club house and cart storage building. He read the requirements noted by the Planning Department for parking and added that they have also requested relocation of the fire hydrant by the buildings. Mr. Annunziato informed the Board this proposal is for a club house, cart· storage building, and tennis courts. It is lo- cated in the northern 1/3 of the development. Drainage for this development and utilities are provided in the preliminary plat. Mr. Starkey stated that they agree with the staff comments, but he would like to have an opportunity to discuss the handicapped parking with the Building Official. They were required to have 50 spaces and provided two handicapped spaces. They have pro- vided 270 spaces for the comfort of the membership. Mr. Annunziato advised that he is not equipped to handle the speci- fics for parking. He finds no fault with what Mr. Starkey is saying. He suggests that it be discussed further with the Building Official. Mr. Starkey continued that the State Ordi- nance required 1% of the required parking for handicapped. 1% of 50 spaces is 1/2 space and they have provided two spaces and cannot see the wisdom for four additional spaces. Mr. Ryder asked if this would be an entirely private club and Mr. Starkey replied affirmatively. Mrs. Huckle commented that she didn't think it applied to private enterprises. Mr. Annunziato referred to the possibility of this building being accessible to the public for private parties, etc. He suggested that Mr. Starkey discuss this requirement with the Building Official so it can be worked out prior to the Council meeting. Mr. Ryder commended Mr. Starkey on the treatment and layout of the parking areas. He referred to there being controlled movement with curbs and islands provided. Mr. Starkey in- formed him it was the desire of the Board to not see a park- ing lot when they drive in and it will be heavily landscaped also. Mr. Ryder referred to correcting the western boundary line at the E-4 Canal and asked if annexation is going to proceed and Mr. Starkey replied they have made a commitment on the record to proceed with annexation. Mr. Annunziato added that as part of the master plan approval, that comment was made and the applicant agreed to it. He suspects the application should be filed relatively soon. -9- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. DiSalle made a motion to approve this site plan for the High Ridge Country Club located south of Hypoluxo Road and west of High Ridge Road and east of LWDD E-4 Canal, for a golf course and club house, subject to staff comments. Mr. Winter seconded the motion. No discussion. Motion carried 7-0. Mr. Annunziato stated that he will notify the Building Offi- cial of Mr. Starkey's pending phone call and will notify the Utility Director and Fire Marshal regarding their bonding ques- tion. Applicant: Location: Project Description: Bethesda Memorial Hospital (Robert Hill) 2815 South Seacrest Blvd. Relocation and updating of existing dietary facility; rehabilitative ser- vices dept; addition of three meeting rooms; 81 new parking spaces; and a new emergency generator Mr. Grabeel referred to two or three bid packages being indi- cated on the plan and explained that several improvements are being made, but only two will affect the exterior, Bid Packages A and C. He then explained how the parking was calculated and advised that 495 spaces were required and they have provided 643 parking spaces. Mr. Grabeel referred to staff comments and read the B~£1d~ ing Department has noted subject to a sidewalk on S.W. 26th Avenue. The Engineering Department has noted that paving and drainage details and calculations are to be shown. The Planning Department has noted to landscape islands in parking lot. Mr. Robert Hill came before the Board. Chairman Thompson asked if he agreed to the staff comments and Mr. Hill re- plied affirmatively, but he has not looked at them in detail. He doesn't foresee any problems. Mr. Ryder referred to different expansions being made and asked if there was room for further expansion and Mr. Hill explained there were several wings which could handle verti- cal construction. Mr. Ryder asked if they contemplated clos- ing 2nd Street and Mr. Hill replied negatively and they dis- cussed how this had been useful with Seacrest Blvd. being widened. Mr. Hill told about requesting a traffic study to be made at 26th Avenue and Seacrest Blvd. Mr. Ryder asked if the emergency facilities are being worked on at the present time and Mr. Hill replied affirmatively and explained the new area will be in the northeast section of the building. -10- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Annunziato referred to the two bid packages covering work on the exterior of the building and requested Mr. Hill to ex- plain the remaining bid package areas. Mr. Hill explained how the remaining bid packages covered the new dietary facility, parking lot facility, remodeling of the lower level with meet- lng rooms, interior remodeling of the shell space, and replace- ment of an emergency generator. Mr. Annunziato asked if the dietary facility is for the entire hospital and Mr. Hill replied that it is a cafeteria for the staff and food preparation area. Mr. Annunziato asked if the cafeteria would be open to the public and Mr. Hill replied negatively. Mrs. Huckle asked if Bid Package D was the current out-patient area and Mr. Hill replied affirmatively and explained it would be remodeled inside and relandscaped. Mr. Annunziato asked if there wet, any plans for the hospital to expand in this area and Mr. Hill replied there were not at this time because they do not have access to that property and it belongs to someone else. Mr. Winter made a motion that the site plan for Bethesda Memorial Hospital for relocation and updating of existing dietary facility, rehabilitative services department, addi- tion of three meeting rooms, 81 new parking spaces, and a new emergency generator be approved subject to staff comments. Mrs. Huckle seconded the motion. No discussion. Motion car- ried 7,0. Applicant: Location: Project Description: Village Royale on the Green, Owners League, Inc. (Richard Wensing, Agent) N. E. 1st Court Recreational Building Mrs. Huckle moved to table this until the next agenda at the request of the applicant, seconded by Mr. DiSalle. No dis- cussion. Motion carried 7-0. Discussion Request of Richard Breze Re: Change in Zoning Classification Mr. Richard Breze stated he would like to request a restructure or reclassification of the zoning classification of auto parts stores to include at least two or three possible classifica- tions. He will endeavor to present his reasons and why it is a justifiable and leg~imate request. He told about his past experience for 28 years selling automobile parts mainly on a -11- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 wholesale level of volume and how changing times are resulting in car owners purchasing parts to do their own repairs. As a result, he has come to a point in his business to make changes. He referred to catering to this new type of client and ex- plained how location, store appearance, inventory, packaging, etc. are important. In trying 'to relocate, he discovered that he is classified as C-4 which covers wholesale type trade, machine shop service, engine rebuilding, etc. He referred to automobile parts stores being in competition now With hard- ware stores, department stores, discount stores, etc. and stated that he needs to relocate to be in the traffic where people will come in. He then introduced Mr. George Poe, a representative of Big American Auto Parts. Mr. Poe informed the Board that they are present to explain how the goal of their business is to stay with the changing times and meet the needs of the people. He explained how the inventory of auto parts has changed with labor and equipment becoming more expensive and the alternative has been with the consumer buying the parts and doing the work himself. He re- ferred to various types of stores selling auto parts and how the market was not coming to them and stated they decided to change their marketing strategy. They developed new style stores with attractive packaging for their parts, plus edu- cated their countermen how to serve the new style customers. He then distributed brochures showing the type of stores they build. He reviewed the booklet with the members. Mr. Poe then presented a slide presentation explaining the American Parts System distributorship, changes in the auto- mobile industry, etc. Mr. Breze then further stressed how the marketing of automo- bile parts was becoming a changing market with purchasing being made by females, repair classes being given by the d~lers, etc. The City of Boynton Beach does acknowledge hardware stores to be in the C-2 zone and he feels he should be allowed there too. 25% of the merchandise sold by hard- ware stores is auto parts. They are losing the market be- cause of being restrained to a certain location. He would like to move his store and meet the developing public needs. Mr. Ryder referred to a possible location along Federal High- way and Mr. Breze replied this was not lucrative because this is not where the traffic flow typically is. Mr. DiSalle asked if changing the classification to a retail store would entail a revision in the Comprehensive Plan and Mr. Annunziato replied negatively, but it would entail a change to the zoning ordinance. He read the opening para- graph of the C-2 zone and pointed out this was created to serve one individual neighborhood. He does not think this -12- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 would serve one individual neighborhood and it may more appro- priately be C-3 which addresses a high volume street and sev- eral neighborhoods. He feels it would destroy the intent of the C-2 zone to make this addition. He thinks the importance is the tone set by the introductory paragraphs for the individ- ual districts. Mrs. Huckle questioned why this wouldn't be considered a retail convenience nature and Mr. Annunziato replied that it would be, but is not intended to serve one neighborhood. Mr. Ryder clarified that the present location of Mr. Breze's business is in a M-1 zone and he could locate in a C-4 zone which is along Federal Highway. Mr. Breze informed him that he has researched this City looking for locations and has found some locations in the C-2 and C-3 zones. Mr. Drew questioned the general location he was interested in and Mr. Breze replied that he saw some sites along 2nd Avenue which are currently C-2 and along 15th Avenue South. He does not see how this would serve an individual neighborhood, but he will service a majority of people in the City limits and will meet the needs and requirements of the people in the City. A hardware store is permitted in the C-2 zone and the typical hardware store in a center draws trade from larger than the neighborhood locale. Mr. Annunziato questioned how many franchised outlets would be located in this City and Mr. Poe replied one. Mr. Breze again explained how the market was changing and stated that he wants to capture some of it. He would like the classifi- cation broken down into at least two or three categories. He explained how wholesale stores are dwindling nationwide with service stations and car dealers not doing that much repairs. He is asking there be a retail classification in a C-2 or C-3 zone. Mr. Ryder clarified that he feels he is comparable to a hardware store and Mr. Breze replied that he is basically with no repairs. He explained further how there was an overlap with the products sold by hardware and automotive stores. Chairman Thompson remarked that possibly the existing C-3 zone would be a good location for a ~ore of this type. Mr. Breze stated that his preference is in a C-2 zone. There is nothing left for sale in the C-4 zone. There are some C-3 locations, but he doesn't think they meet his needs. He would like to be able to negotiate for property and is trying to present that this type of store would not be im- proper in the C-2 zone. He has looked at properties and where the traffic is. -13- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Ryder questioned why he wasn't interested in Federal Highway and Mr. Breze explained that the type of traffic along Federal Highway is not the typical kind shopping. Mrs. Huckle questioned if he would locate in a shopping center and Mr. Breze replied that it was possible, but ex- plained how the rents were prohibitive with the profit struc- ture. He stressed again that the neighborhood locations under C-2 would be typical ~for this type of business. At this moment, he doesn't see a shopping center meeting the needs of his type of store. Chairman Thompson asked if he would continue with wholesale selling and Mr. Breze replied negatively and added that wholesale business is almost extinct. He explained how wholesale used to be volume with delivering cases of mer- chandise and this is not done any more. Mr. Ryder referred to mechanic's repairs being costly and Mr. Breze agreed and added that is why the business .is changing to do-it-yourself installations. Also, they can justify selling wholesale to the consumer with eliminating the expen- ses of operation of making deliveries, having bookkeeping for charges, etc. Mr. DiSalle clarified that he was asking that an exception be made to the neighborhood commercial district and read the introduction to C-2 that it is a limited number of small commercial facilities of a retail nature to ser~e one individ- ual neighborhood. Mr. Breze agreed and added that many of the businesses in the C-2 zones do not serve just one area, but draw business from all over town. The cost of operation has gone up so they need to. More sales are needed to run any business than what comes from a neighborhood. Typically are television repair shops, doctors' offices, etc. He is not asking for anything different than what is happening anyway. Mrs. Huckle pointed out that the C-2 businesses along 2nd Avenue are not neighborhood commercial. Mr. Ryder questioned how other automotive stores felt and Mr. Breze replied that they also want to locate west, but there is no C-4 area. When he rented this building origin- ally, he thought he would be moving west in ten years. With inflation, people must repair their own cars and he does not think his store would be a detriment to any C-2 location. Mr. DiSalle questioned whether we had the jurisdiction to make such an interpretation and Mr. Breze clarified that his request was there be more than one classification of automobile parts store. There is wholesale, machine shop and retail and provisions must be made for the retailer. -14- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Annunziato stated that most appropriately, retailers belong in the C-3 zone. Along 2nd Avenue, there is C-2 but these are primarily offices because of the traffic conges- tion. If it is the intent of the Board to change C-2 into a fast moving retail zone, they should consider changing the intent of the zone. Mr. Breze clarified that the type of store he is presenting is -3.n~thing more than a store selling automotive hardware parts. It meets the same need as hardware parts for an auto- mobile which hardware parts meet for a house. A hardware store is allowed in the C-2 zone. Mrs. Huckle replied that she agreed to a certain extent and read the various retail sales allowed in the C-2 zone. Mr. Annunziato stated the potential is there for allowing other high intensity uses then and it would become C-3. Mrs. Huckle pointed out that some things allowed were of a higher intensity. She thinks there is a possibility to work something out. Mr. Annunziato stated the intent of the ordinance would have to be changed. This operation does not service the sales of one neighborhood. The idea would be to do away with the intent of the zone to serve one neighborhood. Mrs. Huckle replied that 2nd Avenue is definitely not serving one neighborhood; it is not a neighborhood commercial district. It cannot be restricted to neighborhood usage and then a strip be zoned along a main strip and it be called a~neighborhood zone. Mr. DiSalle suggested that a recommendation be made to the City Council in recognition of the changing consumer scene, auto parts should be reclassified into wholesale and retail and allow retail to exist in the C-2 zone. Mr. Annunziato informed him that the intent of the C-2 zone would have to be changed then. Mr. Ed Robbins, 2210 S.E. 3rd Street, came forward and stated his suggestion from what he can gather from the discussion is that there appears to be a difference of opinion of what con- stitut'es a hardware store. Mr. Annunziato informed him that it is greater than thatl AutomObile parts stores are speci- fically included in the C-4 zone. Mr. Robbins stated that inasmuch as a hardware store has the right to sell automotive supplies, there would be no reason other than put in a hard- ware store with automotive supplies. Mr. Annunziato informed him that this kind of definition causes problems with the Building Official and License Clerk. Chairman Thompson referred to a recommendation being made to forward to the City Council and Mr. Annunziato stated that he thinks it is important to address the definition of the C-2 zone. If it is no longer appropriate to have a commercial zone catering to one neighborhood, then it should be changed. The recommendation submitted is only a partial ~s01ution of the problem. -15- MINUTES - PLANNING & ZONING BOARD FEBRUARY 12, 1980 Mr. Ryder suggested this be taken under consideration and discussed further at a workshop session. He does not .think we are at a point to make a recommendation to the Council until we explore it further. Chairman Thompson agreed this would probably be preferable and suggested possibly the.Build- ing Official could attend. Mr. Ryder added that if the appli- cant wants to submit something further in writing, we will be glad to consider it. He thinks we should explore this more. Mr. Breze informed him that he did submit a letter which pretty well spelled everything out and Mr. Ryder replied that each member did receive a copy. Mr. Annunziato added that if the Board requires additional information, they will request Mr. Breze to attend. Mr. Breze questioned when the workshop meeting would be held and no date was agreed upon. Mr. Ryder suggested that he check with Mr. Annunziato at different intervals. ADJOURNMENT Mr. DiSalle made a motion to adjourn, seconded by Mr. Winter. MOtion carried 7-0 and the meeting was properly adjourned at 10:00 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) -16- AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TIME. PLACE: February 12th~ 1980 7:30 P.M. Council Chambers City Hall Acknowledgement of Members and Visitors. Reading and Approving ~f Minutes. Announcement. Communications. e "C~tizens Awareness" Presentation: Mr. Barry Seaman, Palm Beach Co., Housing Authority "Federal Housing Assistance Plan" Old Business: 7. New Business: A. Preliminary Plats: 1. Applicant: Las Palmas Venture (Mr .................. Z~cati0n: ....... ~'etw~enN'.E. 26th A Fernandez,..agent) ...... - ................. . ~e.,F & N.E. 22nd Ave., & between .E C. R/W & N.E. 4th Street Legal Description: Project Description: e Be!lamar Villas Unit One (First Phase) 50 Duplex Units & 80 Rental Apartments & Recreational Facilities/P.U.D with LUI of 5.00 Project Name: BELLA~R VILLAS Applicant: Location: Legal Description: Project Description: High Ridge Country Club (Lee Starkey, agent) South of Hypoluxo Rd. & West of High Ridge Rd & East of LWDD Canal E-4 High Ridge Country Club Golf Course & Club House B. Site Plan Approval: Applicant: ~ Las Palmas Venture (Mr. Fernandez, agent) Location: Between N.E. 26th Ave-., & N.E. 22nd Ave., & between F.E.C. R/W & N.E 4th Street Legal Description: Beliamar Villas Unit One (First Phase) Project Description,: 50 Duplex Units & 80 Rental Apartments & Recreation F ' acm!ities/P.U.D with LUI of 5.00 Project Name: BELLA~R VILLAS Applicant: Location: Legal Description: Project Description: High Ridge Country Club (Lee. Starkey, agent) South of Hypoiuxo Rd & West of High Ridge Rd & East of LWDD E-~ Canal High Ridge Country Club Golf C~urse & Club House Planning & Zoning Board Agenda Page 2 February 12th, 1980 Site Plan Approval Continued: Applicant: Location: Legal Description: Project Description: Bethesda Memorial Hospi~tal (Robert Hill, agent) 2815 So. Seacrest Blvd. See Survey Relocation & updating of existing Dietary Facility; Rehabilitative Services Dept; Addition of three meeting rooms; 81 new parking spaces; and a new emergency generator Applicant: Location: Legal Description: Project Description: Village Royale on the Green, Owners League, Inc., N.E. 1st Court (Richard Wensing,agent) See Survey Recreational Building C. Discussion: Richard Breze requests a change in zoning classification.