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Minutes 04-25-78MINUTES OF THE REGULAR M~ETING OF THE PLANNING & ZONING BOARD H~LD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 25, 1978 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Ronald Arena Marilyn Huckle John Jameson Richard Lambert Garry Winter Carmen Annunziato, City Planner ABSENT Col. Walter M. Trauger, Vice Chairman (Excused) Chairman Ryder weldomed everyone and called the meeting to order at 7:30 Po M. He introduced the members of the Board, City Planner and Recording Secretary. He announced that Col. Trauger called him about an hour before the meeting and ad- vised that he had an important business engagement come up and was unable to attend the meeting. MINUTES OF REGULAR MEETING OF APRIL 11., t978 Mr. Jameson moved to adopt the minutes as presented, seconded by Mr. Lambert. Motion carried 6-0. MINUTES OF WORKSHOP MEETING OF APRIL 1 9, 1978 Chairman Ryder referred to the third paragraph on Page 6 and Col. Trauger's suggestion to condense our arguments from these minutes and Mr. Lambert replied that this comment was made. Chairman Ryder clarified that subsequently it was decided to let it go by the Board and Mr. Lambert agreed. ~. Annunziato referred to Col. Trauger'socomment on the last page concerning the new stadium and commercial zoning in that area and explained that it was his understanding that the in- tent was that we should not look favorable on commercial re- zonings in that smea and the members agreed that it was just brought out that requests would be probabl~ and we must give this area careful consideration in view of possible problems. Chairman Ryder clarified that the minutes were correct, but the above gives further clarification. Mrs. Huckle moved that the Workshop Minutes of April 19 be approved as sub- mitted, seconded by Mr. Winter. Motion carried 5-0 with Mr. Arena abstaining. ANNOUNCEMENTS Chairman Ryder referred to giving a report on decisions made by the City Council and announced at the Council meeting of April 18, the ordinance for the annexation of the parcel con- nected with Sandhill was read on second reading and adopted. MINUTES PLANNING & ZONING BOARD PAGE TWO APRIL 25, 1978 Chairman Ryder referred to the ordinance pertaining to the buffer walls being tabled and told about an attempt being made to take it from the table, but it was finally decided to keep it on the table after he brought the Council's atten- tion to the fact that we were going to have a workshop meet- ing on that. Chairman Ryder referred to the County Land Use Plan being on the agenda and since no report was submitted from the City Manager, thatCouncil said it wms with the Planning & Zoning Board and passed it by-. He was puzzled and attempted to re- mind the Council that it was with the City Manager and not with us. The City Manager did indicate then that he had a report and said it was a matter of an additional $5,000 fee for the consultants to study the reserve annexation area. Mr. Annunziato added that he does not think the contract has been signed as yet, but it is in the working. Chairman Ryder referred to there being an item on the agenda about discussing the duties of the Boards and Committees and advised that the target was the Community Rela2ions Board and he is sure they have read about this in the newspapers. Chairman Ryder referred to the Board having a split vote on the plan submitted by St. Mark's because of the requirement for parking and advised that the Council went along with the Board's recommendation requiring additional parking. Also, the Council went along with our recommendation for the 7-1t S~re at ~5th Avenue. Chairman Ryder referred to the Special City Council Meeting on April 20 to consider the rezoning request of ~. Jarvis and reported that after considerable discussion, the Council voted to go along with our recommendation of zoning the west- erly parcel C-1 and the easterly parcel C-3. Mr.: Annunziato told about Councilman Roberts' comments about this being an appropriately placed commercial area compared to commercial zoning along Congress Avenue. OLD BUSINESS Site Plan Approval Applicant: Richard S. Johnson and James P. Kintz (Tabled) Location: 246 N, Congress Avenue, Leisureville Plaza Legal DescriptionB Acreage Project Description: Branch Bank for First Federal Savings & Loan Assoc. of Lake Worth. Chairman Ryder referred to this matter being tabled .~fa~hile ago and advised that at the initial meeting, we were con- fronted with the problem that apparently parking for the MINUTES PLANNING & ZONING BOARD PAGE THREE APRIL 25, 1978 present operations in that shopping center plus the request for this additional installation and another pending improve- ment indicated there would be a deficiency in parking. This matter was tabled and subsequently we were informed by the applicant's representative that they were studying the pro- blem. He understands we have received additional informa- tion now in regards to adequate parking for the present enterprise and the one before us and any other applications approved by the City. He then requested Mr. Annunziato to give the latest input. Mr. Annunziato referred to this application inil~ally being tabled and advised that the reason was because there was in- sufficient parking and a conflict shown on the plan concern- ing 23 parking spaces apparently sold to Bonvale Realty. The question of providing additional parking was presented to the applicant with the resulting action that a parking study was performed on the parking lot. Page 2 of the plan shows the parking lot redefined with additional parking provided to the rear and parallel along the back and side of the gas station. This brings it in conformance with the requirements. Mr. Annunziato then stated that this application is for a branch bank of First Federal Savings & Loan Association of Lake Worth to be located adjacent to and at the extreme south end of the existing Leisureville Plaza Shopping Center. He then read the staff comments from the Building Department re- garding parking definition, and from the Utilities Department regarding provisions required for sewer and water service. It is the staff recommendation to approve this subject to the co~ents of the Technical Review Board. Mr. W. G. Lassiter, 7621S. Flagler Drive, West Palm Beach, appeared before the Board and advised that they employed an engineer who relaid the present shopping center parking and they now have 8 to 10 excess parking spaces. Chairman Ryder stated that he was referring to the entire center with this improvement and any other and Mr. Lassiter clarified that he was referring to the existing center and this proposed bank. Chairman Ryder referred to the ~arking spaces for Bonvale and Mr. Annunziato replied that they have been e~luded and pointed out on the plan. He added that with these excluded, there are surplus ps, king spaces on the site. Chairman Ryder asked if this in any way affected the Bonvale application 2nd M~. Annunziato replied that it did not. Chairman Ryder clarified that as far as we are concerned, the Bonvale appli- cation is still before the City and has been approved by this Board and the City Council. Mr. Lassiter clarified that those spaces had not been included. Mr. Lambert asked if this was part of the existing shopping center or a separate ownership and application and Mr. Lassiter replied that it is part of the original shopping center. MINUTES PLANNING & ZONING BOARD PAGE FOUR APRIL 25, 1978 Chairman Ryder referred to it being stated previously that this is separate and Mr. Lassiter clarified that this is part of the overall shopping center. Mr. Lambert referred to Page 1 submitted showing it as a separate lot, but page 2 which was subsequently submitted is clearer what we are looking at and ~. Lassiter agreed and advised that he requested the en- gineer to submit this separate site plan so it would be per- fectly clear. He added that when the original shopping cen- ter was built, there was surplus parking over the existing parking regulations and they did not lay it out for maximum use~ but they have no~ utilized it, Mr. Lambert referred to only a 13 ft. road shown on the side of this rather large shopping complex and asked if it was felt this would be sufficient for emergency access and Mr. Annunziato explained that Bonvale was also providing access adjoining this and there would be at least 25 ft. of paving. M~..Arena referred to the initial presentation and stated tibet the Board was led to believe at that time that this piece of property was on a separate deed and separate from the shopping center and Mr. Lassiter replied that a separate survey was submitted which evidently misled everyone. This will be connected to the original building and they have a letter stating this is allowed. Mr. Annunziato clarified that this is not a separate application, but is part of the shopping center. The setbacks are maintained by the center and not by the individual building° It has to be part of the shopping center to exist in our zoning code. Mr. Lambert questioned if it was separate ownership and ?~. Annunziato replied that in terms of a shopping center, he does not thinkiit matters. It is adjacent and will be part of the shopping center. Mr. Lambert explained how he could see it being attached with a common wall agreement, but questions the front setback since it was stated that this was under s~parate ownerShip and N~, Annunziato replied that even if under separate ownership, it is part of the shopping center in terms of zoning. He gave the example of a condominium and how each unit did not meet the zoning requirements. Discus- sion followed and it was ascertained that ~. Lassiter along with M~. Johnson and Mr. Eintz were the owners of the shopping center and this building. Mr. Lambert questioned why it was submitted as it was originally and ~M. Lassiter explained how separate surveys were done for mortgage purposes. ~rs, Huckle clarified that a misunderstanding apparently had oc- curred at the original presentation. Mr. Arena asked if there were any co~ents on the recommenda- tions made by the Technical Review Board and Mr. Lassiter replied negatively and they are fine. Mr. Winter made a motion that this Board recommend to the City Council the approval of the project described as a branch bank for First Federal Savings & Loan Assoc. of Lake Worth located at 246 North Congress Avenue subject to staff comments, Mr, Lambert seconded the motion and the motion carried 5-1 with Mr, Arena dissenting. MINUTES PLANNING & ZONI~ BOARD PAGE FIVE APRIL 25,~ 1978 Applicant: V±llage Royale on the Green (Irving Gross) Location: 2600 N. E. 1st Court Legal Description: Acreage Project Description: Two Story Recreation Building Chairman Ryder referred to this being on the agenda at the last meeting, but several questions were raised and it was decided this Board apparently did not have all the informa- tion needed and it was tabled. Mx. Winter made a motion to take this off the table, seconded by F~. Lambert. Motion carried 6-0. Chairman Ryder requested Mr. Annunziato to bring the Board up to date as to whether any further information has been received that we may act on. .Mr. Annunziato stated that following the last meeting, he took the motion the Board made and put it in the form of a letter to Mr. Gross explain- ing what he thought occurred. He then read his attached letter dated April 17, t978. He advised that he has not received any information to follow up this letter and recom- mends the application be put back on the table until these issues are resolved~. Chairman Ryder ascertained there was not anyone present representing Mr. Gross. Mx. Winter made a motion to put this back on the table, seconded by Mr. Lambert. Under discussion, Mrs. Huckle asked if we were required to continue tabling this when the applicant is on the agenda and has not responded to inquiries or appeared and Mr. Winter replied that it has only been two weeks since it was tabled. Mrs. Huckle ques- tioned the dated of ~M. Annunz±ato's letter and Mr. Annun- ziato informed her it was April 17. Chairman Ryder sug- g~sted tabling it because he gathers from the people living there, they are anxious to see this building built and he feels we should give the applicant a further opportunity to respond and bring in additional information. Mr. Lambert added that he didn,t know what would be accomplished by turning it down and e×plained how a recommendation must be made to the Council whether we take positive or negative action. He thinks it should be tabled a little longer. Mrs. Huckle referred to the lack of interest and Chairman Ryder ascertained that no residents from Village Royale on the Green desired to speak. He suggested tabling it until the next regular meeting because the applicant has not yet complied with our request for further information. Motion carried 5-1 with Mrs. Huckle dissenting. NEW BUS ISq~SS Public Hearing Abandonment Request - Applicant: E. H. Bauer and Evelyn Raulerson MINUTES PLANNING & ZONING BOARD PAGE S IX APRIL 25, 1978 Request to abandon 20 ft. alley east of F.E.C. Railway right-of-way from 200 feet north of N. E. 6th Avenue to N. E. lOth Avenue Me. Annunziato referred to the plan of the plats submitted and explained the location. He advised that this was re- viewed by the staff and utilities and read the following comments: Mr. Cessna advised that a sewer line i~ located in this alley feeding into the main trunk line and a 20 ft. easement would be required for access. Fire Dept. - no ob- jection. Police Dept. - no problem and suggests allowing it. Florida ~bli~ Utilities - At this time, they have no gas distribution facilities in this alley right-of-way. Southern Bell - They maintain a pole line and cable necessary to ser- vice customers and object to this abandonment without a suit- able replacement easement to cover their interests. Florida Power & Light CO. - Object to this abandonment request be- cause they have eleCtrical facilities along the east side of the alley and anchoring facilities and it is their intent to utilize this right-of-way in lieu of running more lines across Route 1. Teleprompter - No cables. Mr. Clark refers to the utilities in this alley and requests an easement be given so the utilities can be serviced on a 24 hour basis including City water and sewers. It is suggested that it be recommended with an easement being given for the entire width of the alley. Also, if improvements are performed and it becomes necessary to service our lines or utilities, it be agreed that the City be held harmless to the damage caused. The abandonment is recommended with no thoroughfare use, but subject to the comments pertaining to the easement. Chairman Ryder asked if anyone was present wishing to speak in favor of this request. Mr. Ed Bauer appeared before the Board and showed pictures of the present condition of this alley and pointed out that you could not get through even if you wanted to. Chairman Ryder asked if all the p'eople were aware of the ~act that because of the requirements for ease~ents, they would not be able'to build and Mr. Bauer replied that he did not be- lieve anyone wanted to build anything, plus the City would not give permission to build. Chairman Ryder referred to the application stating that they want to clean up the area and use as access for the rear and advised that these have been ~anted, but he has not seen much cleaning up. Mr. Bauer informed him that he personally took 16 loads to the City dump. M~s. Raulerson added that they have been keeping it clean and the telephone company now comes in there to work on their lines and it is understood this will continue. ~. Winter referred to the request asking for additional parking and asked if this would affect the easement as far as access and M~. Ann~nziato e×plained how the area could MINUTES PLAhqCING & ZONING BOARD P~¢GE SEVEN APRIL 25, t978 be.paved, but if it becomes necessary for utilities or City crews to use that alley and they damage the paving, the City will not repair the parking lot. Ms. Bauer stated that he would like to fence the property to keep down pilferage that occurs at night and Mr. Annunziato replied that the recommendation be that this not occur. He clarified that the recommendation was to keep this alley olden on a 24 hour basis in case of emergency because of the utilities in there. Emergencies can occur at any time. If it is fenced, they could not get to it if there was a pro- blem. ~s. Huckle asked if he could put the fence on his own property and Mr. Bauer replied affirmatively, but ex- plained how it would be better to do it the other way as he would have an extra 20 to 25 feet which would be a~ advan- tage for the storage of plants. He suggested that possibly he could give keys to the gates to certain paople and Chair- man Ryder explained how thiere still may be the possibility of locating these keys and getting in when something happened. Ns. Lambert asked if Tropigas was included on this applica- tion and F~. Bauer replied that it is his understanding that it was abandoned to Tropi~as and it is fenced. Mr. Arena referred to the alley being abandoned further to the south and asked about the utilities and Mr. Annunziato replied that he is sure an easement was given and he doesn't think there are sewer and water lines in that area. Ns. Lambert referred to all the owners applying for this and it was noted that the application was signed with seven signa- tures: Hines, Strazulla, Beane, Raulerson, Limbo, Hillyer, and Bauer. It was then discovered that the owner of Lot 17, .Mrs. Holberg, was not included on the application, but the abandonment had been advertised for the entire area. Mrs. Huckle asked if }~s. Holber~ was not interested in this and Ms. Bauer told about this lot already being paved. He asked if everything could be abandoned but that parcel and Annunziato replied negatively and explained how it would be landlocked with having no public access. He stated that it may not be appropriate to make a recommendation until this question is solve~ whether we could landlock or abandon with- out the owner,s agreement. Mr. Bauer asked if there would be any problem since the majority of the people are present to- night and would like to have that extra few feet for parking without fencing or obstructions and ~. Annunziato explained there would be a problem with leaving the alley behind Lot 17 with no access. Mr. Limbo appeared before the Board and told about this pro- perty next to him being used and paved by the owner, which is City property. Chairman Ryder explained how a public right-of-way must have public access. MINUTES PL~NNING & ZONING BOARD P_~GE EIGHT APRIL 25, 1978 Mr. Arena referred to possibly approving the abandonment subject to the staff comments and asked if we would have enough right-of-way to solve this problem and Ns. Annunziato replied negatively and explained that an easement is permis- sion to enter Private land for certain purposes, but a right- of-way is public land. ~M. Annunziato then asked if there was the possibility of getting ¥~s. HolBerg's approval before the next Council meet- ing and Mrs. Huckle added that M~s. Holberg would not have to appear physically, hut a notarized written statement would be sufficient. ~. Gifford Raul~on referred to Mrs. Holberg having already paved the property and explained that she did not want to join in on this application based on her taxes going higher. ~M. Annunziato suggested possibly recommending the abandon- ment subject to F~s. HOlberg,s statement that she has no ob- jection to the abandonment of the alley behind her lot and Mro Jameson replied that he thought it would be better to table it as he does not think we should send it to the Coun- cil until it is entirely settled. Mr. Arena stated he did not think it was fair to these other applicants to have their application hinge on this one party, especially since she has already paved public property. Chairman Ryder sug- gested obtaining an opinion from the City Attorney. Mrs. Huckle clarified that if this is abandoned even against Mrs. Holberg's wishes, the tax situation would be that each one of these people would pay an additional property tax in ac- cordance with the amount of land directly behind their pro- perty and M~..~nnunziato agreed. ~s. Huckle stated that this could be the basis for Mrs. Holberg's objection as apparently she has what she wants without paying extra taxes. N~. Annunziato stated that if this is going to be forwarded to Council, Mrs. Holberg should be a member of the applica- tion as a proviso and if she fails to approve, he does not see how it can be approved because access would be denied to t~e public area behind her property. Mr. Arena asked if she was permitted to pave the alley and Mr. Annunziato replied affirmatively that anyone could pave an alley. ~s. Huckle clarified that the applicants could also go ahead and pave. She added that these applicants may be better off to just pave it also and not have it abandoned and not have the extra taxes. Mr. ~nnunziato explained how this might not suit the applicants as the additional 20 ft. could not be included i~ a site plan for parking purposes. Mrs. Raulerson explained that all she desired was to have parking on either side of her building with paved access in the rear. Mr. Arena suggested that this application be tabled so the people have an opportunity to speak with F~s. Holberg. ~. Annun- ziato suggested continuing the hearing at the next meeting to save the problem of re-advertising. Chairman Ryder as- certained that nobody desired to speak against this applica- tion. MINUTES PLA~iNG & ZONING BOARD PAGE NIX APRIL 25, 1978 Mr. Arena made a motion to continue this public hearing at the next meeting of the Planning & Zoning Board on May 9, seconded by ~. Jameson. Motion carried 6-0. Mr. Jameson suggested that ~. Annunziato consult the City' Attorney about this. Site Plan Approval Applicant: Guardian Mortgage Location: 1700 Palmland Drive (PALMLAND) Legal Description: Acreage Project Description: 52 Villa Type Dwelling Units M~. Annunziato informed the Board that this application was presented to the Board approximately 14 months ago and ap- proved by the Council. No action was taken over the period of one year and the site plan approval expired. Since then, Guardian Mortgage has found a buyer for the property and the buyer requested the plans be resubmitted. This plan is sub- ject to the court ordered zoning of R-2A. This plan conforms with the zoning requirements in the R-2A classification. This is a new submission and is to be treated as such and is for Tract B. M~. Annunziato then read the staff comments. Engineering Dept, - easement drawings and bond required for proposed utility changes, Swales to be graded in Palmland Drive. Utility Dept. - verification of existing bond or submission of bond. Water line depths to be shown in relation to exist- ing grades. ~Toper marking of valves in installation. His comment is that this is subject to a court order and has been developed as such. Mr. Jack Patrikus, representing Guardian Mortgage, appeared before the Board and advised that they plan to sell this property to a client who plans to develop it and take care of the conditions in the preliminary approval. He showed the plans submitted previously and advised that none of the conditions were executed because nothing was being done on the project. They are proposing 52 villa type units in this phase and he showed floor plans and a rendering of the units. Mrs. Huckle asked if these would be the same as the units existing and Mr. Patrikus replied negatively and explained that these would be villas and those existing are quadra-plexes. He continued explaining the site plan and pointed out the recreation area to be shared by Parcels A and B identified under the court order as Parcels 1 and 2. He referred to the Palmland Project consisting of four parcels, A, B, C, and D, and advise~ that Phase A is completed. As far as open space and recreation, the property to the south con- sists of four acres with a 150 x 1000 ft. strip to be shared by the four tracts of land to be developed as a park. This is located directly south of the four parcels. MINUTES PLANNING & ZONING BOARD PAGE TEN APRIL 25, 1978 Chairman Ryder referred to access and Mr. Patrikus pointed out that it was served by Palmland Drive, a public street. Chairman Ryder referred to County property being noted in the frent and Mr. Annunziato informed him that this was City owned property. He clarified that the recommendation was to approve this plan subject to staff comments. iMr. Lambert referred to spending a lot of time on this the first time and stated that it apparently corresponds in every way. It is probably just a technicality and it is before us because time ran out and Mr. Annunziato agreed. Mr. Erena made a motion that the application for site plan approval for Guardian Mortgage, 1700 Palmland Drive, for 52 villa type dwelling units be recommended for approval to the City Council subject to staff reco~r~endations, seconded by M~. Lambert. Motion carried 6-0. Applicant: Eugen~ L. Vesely Location: 715 South Federal Highway Legal Description: Acreage Project Description: Modifications to existing shopping Center: Restaurant, Lounge, Facade and Landscaping Mr. Annunziato referred to this being the old A & P which was converted to Casey's and is now being requested for a Vintage Restaurant. It is noted that the facade will be changed, the landscaping will be changed, and the interior of the building will be modified. He then read the staff comments. Building Dept. - notes this is an existing shopping center and this is a permitted use in that shopping center. His comment is that parking backing into the street in the rear be eliminated by using adequate curbing and curb cut system. He told about there evidently being curb on 4th Street originally which was paved o~er and the entire back of this property is paved into the street with no controlled access. He explained how a cUrb system could eliminate the potential for backing into the street. Engineering Dept.- noted separate ingress and egress with 30 ft. maximum width. Chairman Ryder referred to sidewalks and ~. Annunziato replied that he was just talking about curb in this case. Utility Dept. - provision for proper grease t~ack. Public Works Dept. - there should be a 10 x 10' concrete bed for the dumpster and it should be fenced. Also, Health Department approval is required since this is a re~tau- rant. It is recommended this be approved subject to staff recommendations. Chairman Ryder referred to the parking and asked if it was adequate for the other activities as well as this restaurant ~nd Mr. Annunziato replied that the parking as computed for a shopping center is adequate. M~. Lambert asked if the four MINUTES PLA~TING & ZONING BOARD PAGE ELLEN APRIL 25, 1978 spaces in the rear were needed to meet the requirement and Mr. Annunziato explained the computation and advised that the four spaces in the rear were not required. He added that these four spaces are not adequate based on the recom- mendation to eliminate backing into the street. Mrs. Huckle clarified that he was computing the number of spaces on the basis of a shopping center rather than a res- taurant and Mr. Annunziato agreed since it is an existing shopping center. Mrs. Huckle referred to the requirement for mixed uses and Mr. Annunziato replied that he thinks that would have been appropriate if this was not a shopping center. Mrs. Huckle referred to a restaurant being a dif- ferent use from a supermarket and asked if he computed the requirement on the basis of it being a restaurant to see if it would be greater or less and N~. Annunziato informed her that it would be greater for the restaurant, but this was an approved shopping center in 1959 and a restaurant was a per- mitted use in the shopping center. Mr. Eugene Vesely, 922 S. W. 36th Avenue, appeared before the Board and stated that he hoped this proposed restaurant would be an addition to the community. The four parking spaces in the rear can be eliminated and curbs will be added as required. Mr. Lambert referred to the comments read and Mr. Vesely re- plied that there would be no problems. Mrs. Huckle asked how many seats were anticipated in the restaurant and Mr. Vesely explained how there would be three segments of the restaurant with a catering facility, dining facility and large lounge facility and there would be approx- imately 550 seats total if everything was occupied, but it is ~nlikely that everything would be occupied at the same time. He does not know how successful the operation will be, but it is very unlikely the total facility would be operable at any one time. ~J~. Lambert asked if he owned the building and Mr. Vesely re- plied negatively and advised that he was leasing it from M~. Frank Sealy, Trustee of an investment group. He added that he plans to put a substantial amount of money into it and does have a rather extended lease. M~. Lambert made a motion that the Planning & Zoning Board recommend to the City Counci~ the approval of the modifica- tions to the existing shopping center at 715 South Federal Highway for a Restaurant, Lounge, Facade and Landscaping for Eugene L. Vesely subject to staff comments and recom- mendations. ~. Arena seconded the motion. Under discus- sion, ~s. Huckle stated that she still has reservations about the parking. It seems when the use changes, we should take into consideration the parking for such a use even though a restaurant was a~lowable in the shopping center. MINUTES PLAN}~!NG & ZONING BOARD PAGE T~ELVE APRIL 25, 1978 Ns. Annunziato explained how he would take that position if an additional building was proposed, but stated that this is an existing building in a shopping center and they will just be performing interior alterations, changing the facade and landscaping. ~s. Huckle stated that there could be a pro- blem with parking on the highway at this location and parking on other properties. She does not know if we can consider this legally, but does have certain reservations. She knows most of the stores in that shopping center probably would not be operating when this would be open, but we did not let that interfere with our determination on St. Mark's. There are other ootions for computing off-street parking. Mr. Arena replied-that he thinks this differs from St. Mark's because no additional footage is being added. M~s. Huckle stated that this use will require more parking. Mr. Arena stated that if the parking was not sufficient, it would be more detrimental to the applicant than the City. Mrs. Suckle re- ferred to the off-street requirements being met and stated that the seating could be reduced. Chairman Ryder stated that this is not a new building, the limits are confined, a~d the intended use is proper. Mss. Huckle suggested that possibly the numberoof seats be reconsidered. She added that this is ~uite a large operation and she thinks it would be a great addition to the City, but has a little reservation about the size of the cliental opposed to the available park- ing. Possibly it may not be a problem, but our code says off-street parking for one use shall not be considered for any other usesand it makes specific reference to uses. Mr. Vesely replied that he could see her point if the facility was not a combination facility. When one is in use, the other will not be in use and it is inconceivable the seating will all be occupied at any one time. ~s. Huckle read the section of the zoning code pertaining ~o mixed uses and Chairman Ryder explained how he felt this applied to new con- struction. He 61arified that this is an existing building and the applicant proposes to utilize it to the best advan- tage. There appears to be adequate parking area. Mrs. Huckle referred to there being a number of employees to be considered and stated she thinks when computed on a restau- rant basis, considerably more spaces would be required. Chairman Ryder referred to the building existing and stated that to stipulate that only a part could be used would be kind of severe. Motion carried 5-I with Mms. Huckle dissent- ing on the basis of the parking question. Discussion Buffer Walls Chairman.Ryder stated that as a result of the workshop meeting, Mr. Annunziato has prepared a draft to cover the matters we discussed. He referred to the City Attorney preparing an ordi- nance with this subject left up to the discretion of the MINUTES PLANNING & ZONING BOARD PAGE TH LMTEEN APRIL 25, 1978 Council and stated that the Board felt that was not tenable because it did not lay down any donditions where the Council could reach a decision and we felt it should be more specific. He requested c~mments on the draft prepared by M~. Annunziato. Mr. Winter replied that he thought it was fine. ~-~. Lambert replied there was no problem, but he still questions the building of a wall on an easement. He asked if the Technical Review Board had reviewed the draft and Mr. Annunziato replied that he would make sure Mr. Howell and ~. Clark review it. Chairman Ryder added that Mr.. Howell allows a wall to be built on the back property line. It was stressed that it was import- ant to have Mr. Howell's and ~. Clark's approval and afar discussion, it was agreed tha2 Mr. Annunziato would review it first thing in the morning with Mr. Howell and .Mr. Clark and if there are any objections, he will not put on the Council agenda but will bring it back to the Board. Mrs. Huckle referred to a dense vegetative buffer or masonry wall being required in C-1 and explained how possibly a nice fence would serve the purpose and go with the architecture. After discussion, it was agreed to leave it as stated as it was pointed out there was the option to put up a fence in addition to a vegetative buffer. ¥~. Winter asked if 2 ft. high was sufficient for the vegeta- tive buffer and Mr. Annunziato replied affirmatively as it will be Florida Grade A. ¥~. Arena stated he was in favor of this and thinks it will work better than only being able to build a wall. Chairman Ryder added that he thinks this approach is more realistic than what the City Attorney wanted to do. There could always be the question it was not decided on a equitable basis with the Council having the discretion. M~. Arena asked what was a decorative masonry wall and Mr. AnnUnziato explained how it was a stucco wall with joints or a~chitecture caps. He clarified that additional treat- ment was needed as opposed to just leaving a blank wall. ~. Winter made a motion to adopt the buffer wall proposal, seconded by ~s. Huckle. Motion carried ~-0. Antenna Heist,s F~. Annunziato explained that he made the changes as noted in the minutes to consistently use "free standing receiving an- tennaes,,, a'word was deleted in Subparagraph C, Paragraph 5~ There was also reference to the setbacks and it is correct as stated. Chairman Ryder explained how it must be installed within the setbacks. MI~-UTES PLANNING & ZONING BO~D PAGE FOURTEEN APRIL 25, 1978 Mr. Winter made a motion to recommend Section 4, Height Limitation Exceptions, to the City Council for approval, seconded by ~. Arena. Under discussion, ~. Winter referred to the size of the base of the tower and Mr. Annunziato re- plied that a permit would be required and explained that it must fit in the setback. Mr. Lambert asked if a lot of free standing towers would have to be put in the front lawns to meet the requirements and Mr. Annunziato replied negatively and explained how most houseshad additional setback area in the rear or ~ides and this means the tower must be close to the house and not in the corner of the lot affecting the neighbors. MM. Lambert re~erred to the possibility of put- ting an antenna in a tree and M~ ~nnunziato explained how a variance would be required if it is outside the setback lines. Motion carried 6-0. AD JO ~RNMENT Mrs. Huckle made a motion to adjourn, seconded by M~. Jameson. Motion carried 6-0 and the meeting was properly adjourned at 9:40 P. M. Respectfully submitted, Suzanne M. Kruse Re cording Secretary (Three Tapes) city of B-OYNTON BEACH !~. O. BOX 310 I20 N.E. 2ND AVENUE BoYNTON BEACH. FLORIDA 33435 April 17th, 1978 Mr. Irving Gross, Agent Village Royale, Inc. 2500 N.E. 1st Court Boynton Beach, Florida 33435 Dear Mr- Gross: On Tuesday, April llth, 1978, the Planning and Zoning Board tabled your request for site plan approval. This action was taken in part because of the confusion caused by the vested rights argument presented by Mr. Gross with respect to the proposed recreation building. He presented a third site plan differing from the two site plans submitted with your application. Your submission included a "small" site plan Drawing No. 71-250 prepared by O'Brien, Suiter and O'Br~.en, dated March 22nd, 1978 upon which you indicated the water and sewer connections that were appropriate with respect to this site plan review application- The result of this confusion, as I previously mentioned, was the tabling action taken by the Board. In the motion to table the Board requested the following: 1. The vested rights issue be resolved; 2. The developer provide an 'approved' siteplan with the necessary documentation. 3. The developer provide documentation proving that what was actually built corresponds wi~h the aforementioned .'approved' site plan. When the vested rights issue is determined, I will then be in a better position to advise as to the proper procedure to follow- Mr. Irving Gross April 17th, 1978 Page 2 Thank you in advance for your cooperation in this matter. Yours very truly, CSA:pf cc: Mr. Frank Kohl, City Manager Central File CITY OF BOYNTON-BEACH CARMEN S. ANNUNZIATO City Planner ~'DATE: TIME: -PLACE: AGENDA PLANNING AND ZONING BOARD April 25th, 1978 7:30 P.M. Council Chambers City Hall Regular Meeting 2. 3. 4. 5. Acknowledgement of Members and Vici%ors% Reading and Approving of Minutes. Announcements~ -- Communications. Old Business: A. Site-Plan Approval: __i~Pplican~:~/-Richard S..Johns0n. and James_R. Kintz-(Tabled) Locat~b~'~ .... 246 North Congress~Avenue/ Leisureville-P. laza-- Legal Description: acreage Project. Description:- Branch~Bank for FirSt Federal/Savings and Loan Association of Lake Worth ~ Applicant: · Village Royale on the Green (Irving Gross) Location: 2600 N.E. let Court Legal Description: acreage Project Description: 2 story Recreation Building 6. New Business: A. Public Hearing: Abandonment Request Applicant: E. H. Bauer AND Evelyn Raulerson Legal Description: see~attached P~6]~ct Description: Request to abandon 20-ft. AlleY east of F.E.C. Railway right~of-way from 200 feet north of N.E. 6th Avenue to N.E. 10th Avenue B. Site Plan Approval Applicant: ~ua~-di~ M~ga-~e Location: 17O~ai~iand Drive (PALMLAND) Legal Description~ acreage Project Description: 52 Villa type dwelling units Applicant: Eugene L. Vesely Location: 715 South Federal Hwy Legal Description: ac~eage ___ Project Description: Modifications to existing shopping center: Restaurant, Lounge, Facade and Landscaping C. Discussion: 1. Antenna Heights 2~ Buffer Walls