Minutes 08-08-78MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST '8, 1978 AT 7:30 P. M.
PRESENT
Simon Ryder, Chairman
Col. Walter M. Trauger, Vice Chairman
John Jameson
Richard Lambert
Ronald Arena (Arrived 7:50 P.M.)
Carmen Annunziato, City Planner
ABSENT
Mrs. Marilyn Huckle (Excused)
Garry Winter (Excused)
Chairman Ryder welcomed everyone and called the meeting to order at
7:35 P. M. He referred to the agenda being rather short and announced
that uponcompletion of the business before the Planning & Zoning Board,
the Board will adjourn and reconvene as the Local Planning Agency and
reconsider further hearings in regard to the comprehensive plan. He
introduced the members of the Board, City Planner and Recording Secre-
tary. He acknowledged the presence in the audience of Mayor Emily M.
Jackson and Councilman David Roberts and added that he was glad to see
them here.
MINI/TES OF THE REGULAR MEETING OF JULY 25, 1978
Mr. Lambert moved that the minutes of the July 25 meeting of the Planning
and Zoning Board be approved as presented~ seconded by Mr. Jameson.
Motion carried 4-0.
Col. Trauger referred to the street lighting discussed at this meeting
and questioned if the decision was to forward this to Mr. ClarkTs office
for review and Mr. Jameson replied that he thought Mr. Annunziato was
going to follow this up. Mr. Annunziato informed them that he did
follow this administratively and has been discussing it with the staff.
He asked if the Board was expecting an ordinance revision proposal and
Chairman Ryder replied that the recommendation was for the Technical
Review Board to consider lighting in their review. Mr. Lambert stated
that under the new ordinance regarding site plan review, if it is not
included in the ordinance~ it is not enfor~ble, so something should
be included. Chairman Ryder suggested that it may be helpful to make
an inventory to see if there are other instances besides Los Mangos and
give these consideration. He suggests that Mr. Annunziato check it
further with members of the staff and give a report at the next meeting.
An ordinance amendment may have to be prepared, so it can be enforced
legally.
MINUTES OF LOCAL PLANNING AGENCY MEETING OF AUGUST 2, 1978
Chairman Ryder referred to just receiving these minutes and suggested not
acting on their approval until the following meeting and the members agreed.
MINUTES
PLANNING $ ZONING BOARD
PAGE TWO
AUGUST 8, 1978
ANNOUNCEMENTS
Chairman Ryder announced following their usual practice, he would like
to call the membersTattention to the action taken by the City Council at
their meeting of ~ugust 1 dealing with matters this Board referred to
them. Inreference to the rezoning for Fidelity Federal & Savings &
Loan Associationon S.W. 15.th Avenue, this was approved by the Council
5-0. In reference to the Golf & Racquet Club development on Congress
Avenue west of the South Vo-Tech School, the rezoning was approved by
the ~o~ncil and they also approved the abandonments necessary for the
development'proposed.
Chairman Ryder referred to Legal and advised the ordinance was read on
second reading eliminating site plan review by the Planning & Zoning
Board and City Council with relation to commercial building projects
$100,000 or less. The ordinance states under $100,000, neither the
City Counmi! nor the Planning & Zoning Board will review the site plans
and that was approved by a vote of 3-2. The members of the Board have
tried to indicate what was proposed originally would seriously .inter-
fere with.their ability to do the work they are supposed to do, but
apparently that feeling is not universal on the part of the Council.
Chairman Ryder advised that the plat of Sky Lake Subdivision was approved
by the Council.
Chairman Ryder stated that under Old' Business, a request was made by
Councilman Caldwell and .approved by the Council for reconsideration of
the rezoning request submitted by Mr. & Mrs. Charles Leemon. This means
this will be re-advertised and there will be a re-hearing before the
City Council.
Mm. Lambert referred to the site plan review and questioned what happened
to alterations and additions and Mr. Annunziato replied that they were
notincludedinthe ordinance. It refers to commercialbuildings and it
must be determined whether they will be included. Mr. Lambert referred
to theordinance stating ~'commercial projemts" and questioned if this
includesalterationsand additions and Mr. Annunziato replied that he
would assume ~so if they are lesser than $100,000. Chairman Ryder added
thathhe also noticed thelack of this~reference. All along, two differ-
-ent things were considered, one ~setting thelimit on'construction~ and
the other eliminating alterations and additions. He gathers alterations
and additions would be included if under $100,000.
Mr. Lambert-asked about-review by the Community Appearance Board and Mr.
Annunziato replied thiswas not specifically mentioned in the ordinance,
but because they are arecommending body to the Council that 'remains to
be answer~ed. Something must be decided whether the Community Appearance
Boardwill have final review powers.
Chairman Ryder read the ordinance and pointed out that i~t calls for pro=
messing by the Technical Review Board and municipal Building Department
and the Community Appearance Board is not included. Mr. Lambert com-
mented that he thinks some dangerous loop holes have been left and
MINUTES
PLANNING & ZONING BOARD
PAGE THREE
AUGUST 8, 1978
he stated that nobody seems to know whether the OAB standamds will be
disregarded entimely under $100,000. Mayor Jackson informed them that
the Community Appearance Board was not addressed because it is covered
by a separate ordinance. The CAB will continue to review everything.
Chairman Ryder stated that 'this ordinance is not included with the exist-
ing ordinances dealing with the powers of the Planning & Zoning Board.
Mr. Lambert referred to most plans having comments and recommendations
wmitten all over them and stated if these requirements were not written,
they were not enforceable. What happens to these recommendations now?
Should recommendations be made to the department heads to make amend-
~ments to the .codes? (Mr. Arena arrived at this time.) Mr. Lambert con-
tinued that since Planning & Zoning Board review and recommendation was
part of the ordinance, the requirements were legal. Mr. Annunziato
added that this was not an unusual procedure and is utilized in many
municipalities. Mr. Lambert clarified that the problem is since site
plan review has been done away with and if the-~equirement is not in
the code of ordinances, it cannot be enforced legally. Chairman Ryder
added that the need is still theme and department heads will probably
make conditions, but the question is whether they will be legal. Mr.
Lambert agreed it-was very questionable. Chairman Ryder agreed it was
a valid concern.
Mr. Jameson referred to the City having an attorney and stated that legal
matters of this type should be referred to him and not be subject for
discussion by the Planning & Zoning Board. Chairman Ryder replied that
he hoped the members feel free to discuss whatever they wish here.
Col. Trauger referred to there only being a few commercial buildings in
the $100,000 or over category during the past'year ~two and Mr.
Annunziato replied that the greatest majority were over $100,000 and
referred to shopping centers, restaurants, etc.
At this time, Chairman Ryder introduced Mr. Arena and announced that Mr.
Arena had been away on vacation and unable to attend the previous meet-
ings. He added that Mr. Winter was away on vacation at this ~me and
Mrs. Huckle is excused because of being called out of town due to ill-
ness.
NEW BUSINESS
Site Plan Approval
App!ieant: Howard McCall for M. J. Morris
Location: S.W. ~0th Avenue (West of South Tech)
Legal Description: Acreage
Project Description: Mini Wa~e~huses
Chairman Ryder requested input from the City Planner. Mr. Annunziato
referred to a location drawing on Sheet ~! and explained that this devel-
opment is located approximately 300 feet east-of Congress Avenue, 700
feet north of S.W. 30th Avenue~ and the east boundary is adjacent to
the entrance road going north/southalong the side of South Tech.
MINUTES
PLANNING & ZONING BOARD
PAGE FOUR
AUGUST 8, 1978
The development 'will be served by two private 60 ft. entrance roads.
The first phase calls for construction of a paved driveway to serve 400
mini warehouses. The total buildout would provide for ten acres of this
type.
Mr. Annunziato referred to the staff comments and read the attached memo
dated August 3 from Tom Clark listing seven comments, i~e referred to No.
4 and advised when S.W. 30th Avenue was initially built, there was a
master plan for the development providing for drainage. Mr. Plunket
has now sold two parcels and with the sale of one more parcel, it will
constitute the requirement of subdividing and a master plan must be sub-
mitted. A master plan will aid the City in ~uture road requirements,
drainage, etc. Chairman Ryder referred to a future street layout and
Mr. Annunziato replied that he thinks the private drives will provide
access for the remaining tracts. He added that there is substantial
acreage remaining in unified control.
Mr. Annunziato then referred to comment, s from the Utility Department
and read the requirement to loop the water system in the first phase
and a '~eptic tank is okay, but must connect to sewer when available.
He has commented that relocation of the kennel to the south is recom-
mended and additional trees are recommended to the north to break up
the wall as it is viewed from Golfview Harbour. The staff recommenda-
tion is to approve subject to comments.
Chairman Ryder clarified that the septic tank will be permitted until
the sewer line comes down Congress Avenue and this will probably be next
year. Mr. Annunziato clarified that the force main will go down Congress
Avenue, but he does not know when the local sewers will go down there.
Mr. Howard McCall, Architect, representing Mr. M. J. Morris, appeared
before the Board. He stated that he has listened to the comments by
the staff and concurs with some easily. They can take care of the land-
scaping on the north side. He thought the water main proposal was all
worked out with the Public Works Dept. by supplying an 8T~ line for the
future instead of a looped 6T' line. The kennel can be moved to the
south and he agrees this is a good suggestion.
Mr. Lambert questioned the intent of these warehouses and Mr. McCall
informed him they would be mini-warehouse units varying in size from
5 x 10~ to somewhat larger. He told about them serving their need in
the Boca Raton area.with local business people using them to store
materials. He added that in this portion, there will be a total of 19
having exit doors meeting-the requirements for habitablespace where an
office could be located. Mr. Lambert questioned the parking require-
ments for these offices and Mr. Annunziato read from the M-1 code where
one of the uses permitted is manufacturing processes and distrib'~tion.
He explained how an office would ~bs in connection'with a large
bay and would accommodate parking. He added that storage does not
require parking, but over 100 spaces have been provided on the plan.
Mr. McCall clarified that the intent was any office space would be in
conjunction with a storage area. Mr. Lambert questioned the location
MINUTES
PLAN~[[NG $ ZONING BOARD
PAGE FIVE
AUGUST 8, 1978
of these 19 office units and Mr. McCall pointed out the locations in
Buildings H and B. Mr. Lambert-referred to Building H not having any
parking and Mr. Annunziato pointed out that there is parking in front
of Building G across the driveway. Mr. Lambert commented that there
were only eight places and Mr. Annunziato informed him that only one
parking space for 300 sq. feet was required.
Mr. McCall told about the tenants at their Boca Raton facility and
how only a minimum parking area was required. He stated that with 400
storage units, there have been no more than 16 to 20 cars parked at
the facility at one time. The parking requirement for dead storage is
very low. Mr. Annunziato agreed that he did not see any problem.
Mr. Lambert-referred to the requirements for anoccupational license
and Mr. Annunziato explained how distribution would be limited by the
size of the bay. Also, no retail sales are allowed.
Mr. Lambert asked if there would be a security arrangement and Mr. McCall
informed him there would be a manager on duty all day and watch dogs at
night. He told about the manager living at the project in Boca Raton
and being on the pr~mises, but advised that the Boynton ordinance would
not permit this. They had hoped it would be allowed as it would give
better security. Col. Trauger referred to a person renting a warehouse
and asked if there would be a way for him to have access 24 hours a day
and Mr. McCall replied negatively and entrance would only be available
during ~aylight hours.
Mr. Jerry Church, Engineer for Mr. M. J. Morris, appeared before the
Board and stated he wouldlike to clarify a couple cppoints. On the
drainage, they are prepared to provide drainage for this tract. The
comments have requested a master drainage plan and is this required at
this time or when the next subdivided development comes in? Mr.
Annunziato replied that as far as master drainage, it would have to be
tied into the subdivision of the land. On this plan, D.E.R. approval of
drainage plans is required and detention of the first inch of runoff is
a requirement. Mr. ~hurch agreed to this requirement~and stated they
would provide drainage for this particular tract.
Mr. Church then referred to the extension of the water line and explained
how their proposal would cover extension for remaining phases and they
did not want to make a loop. Chairman Ryder suggested that he discuss
this with the Utility Director. This is a specific requirement and possi-
bly a standard procedure and it is generally more adequate to have a loop.
Mr. Annunziato added that it is also a good reason to have it looped
because of having two fire hydrants on that line. Mr. Church explained
how their plans covered the installation of larger pipe to provide the
adqquate flow. Chairman Ryder suggested that he discuss it further with
the Fire Marshall and Utility Director as it is not this Board's preroga-
tive to make a change. Mr. Lambert added that the final approval comes
from the City Council and suggested that this be discussed with the Uti-
lity Director prior to their review.
MINUTES
PLANNING & ZONING BOARD
PAGE SIX
AUGUST 8, 1978
Mr. Church clarified that they will provide drainage for that particular
tract and not 'a master plan for the entire tract. Mr. Lambert referred
to the comment stating the drainage design must include consideration
for drainage of the entire area and Chairman Ryder clarified that he
thinks what is intended will hopefully fit in with the overall drainage
of the entire area. He suggests this be discussed with Mr. Cessna. The
City feels the ultimate design is a concern here with the treatment of
this partimular tract. Mr. Church explained how adequate drainage was
p~ovided for these ten acres. They will also p~ovide extensions,so it
can be tied into other drainage systems. They will provide for the total
ten acres in increments as it is developed. Chairman Ryder suggested
that he meet with the City Engineer and Utility Director as he is sure
they can reach a resolution.
Mr.. Arena made a motion that the site plan for Howard McCall for M. J.
Morris for ten acres containing mini-warehouses be approved subject to
staff recommendations, seconded by Mr. Lambert. Motion carried 5-0.
Site Plan Review Procedure
Mr. Lambert referred to there still being legal questions about the site
plan review procedure and stated he believes it would be in the best
interest of ~the Planning &Zoning Board, City Council and citizens to
know what the answers are to these questions. Chairman Ryder referred
to the Local Planning Agency meeting following and this subject result-
ing in a lengthy discussion and suggested tabling it for discussion at
the next meeting and Mr. Lambert agreed.
ADJOHRNMENT
Col. Trauger made a motion to adjourn, seconded by Mr. Lambert. Motion
carried 5-0 and the meeting was properly adjourned at 8:20 P. M.
Respectfully submitted,
Suzanne M. Kruse
Recording Secretary
(One Tap e )
~-~ ~:.M 0 R A N'D U M
August 3, 1978
TO:
FROM:
Re:
Mr. Carmen Annunziato,
City Planner
Tom Clark,
City Engineer
Boynton Storage, Site Plan by McCall and Lynch
Comments are as follows:
1. Grades forentrance road shOuld be indicated.
Are entrance roads (proposed and future) to be private
or public?
'Southwest 30th Avenue is graded to a low point where
drainage pipes (or a ditch) were originally planned to
be extended to LWDD Canal-28. Drainage design must
include consideration for drainage of the entire area
even though only a portion is being developed.
The "Plunket" property is being developed piece-meal.
A master plan for streets, drainage, and utilities IS
recommended.
D.E.R. approval of drainage plans is required.
of the first inch of runoff is a requirement.
Detention
Details of construction for parking and roadway areas
are requested in addition to note No. 8 on sheet 4.
5
Standards for water line construction require ultimate
looping of water lines. The extensions to an additional
existing City water line should be shown.
TAC:mb
Tom Clark
.......... . .......... .~v= ~=.,,=,,~ a,,u ux~u snatements or showings made
'AGENDA
Regul~Meeting
~:
Time:
Place:
August 8th, 1978
7:30 P.M.
Council Chambers - City Hall
2.
3.
4.
5.
6.
Acknowledgement of Members and Visitors
Reading and Approval of Minutes
Announcements
COmT~nications
Old Business
New Business
A.
Site Plan Approval:
1. Applicant: Heward Mc Call for M. J. Morris
Location: S.W. 30th Avenue (West of South Tech)
Legal Description: Acreage
Project Description: Mini Warehouses