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Minutes 03-28-78MINUTES OF THE REGULAR ~ETING OF THE PLAh~ING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, ~RCH 28, 1978 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena Mar~lyn Huckle John Jameson Richard Lambert ABSENT Garry Winter (Excused) Chairman Ryder welcomed everyone ~hd called the meeting to order at 7:30 P. M. He introduced the members of the Board and Recording Secretary. He explained that Mr. Winter was out of town and unable to attend, and told about Mr. Annun- ziato having surgery and probably not returning until Monda~~. He added that he has discussed the plans for review with Mr. Annunziato and will give the input. MINUTES OF MARCH 14~ 1978 Col. Trauger referred to Pages 12 and 13 containing a lot of discussion and Chairman Ryder agreed and advised that we would be spending some time on that subject tonight. Col. Trauger moved that the minutes of the Plsn'ning & Zoning Board Meeting of March 14, 1978, be approved as presented, seconded by Mr. Arena. Motion carrlied 6-0. ANNOUNCEk~NTS Chairman Ryder referred to the Jarvis application being re- advertised and advised that the date remained the same for April 11. They discussed the probable procedure to be followed at this hearing. Chairman Ryder referred to Dr. Lopez' application and the Board's concern about buffer walls and told about the pre- sentation and discussion at the City Council meeting and advised that their action was not So require any walls at al~, but to have a hedge in the rear only. Some discussion followed a~out this decision and the research to be done in reference tohbuffer walls. C O~UN ICAT IONS Chairman Ryder announcedt~hat he received a letter from Ward Cummings which he will defer for discussion under Site Plan Approval Procedure. MINUTES PL~&NNING & ZONING BOARD PAGE ~-~0 MARCH 28, 1978 OLD BUS INESS Chairman Ryder suggested that it might be advisable to pro- ceed with reviewing the two site plans listed under New Business, since the items under 01d Business may call for prolonged discussion. Mrs. Huckle suggested that part of the format under Old Busi- ness should be a report of the action taken by the City Coun- cil on our referrals to them. She believes this is part of our ongoing information and would like it to be part of the format. Chairman Ryder agreed and added that he has tried to make such a report with matters of great importance. Mrs-. HUckle further explained how it would be an advantage to have this information in our minutes for reference. Col. Trauger made a motion that the Planning & Zoning Board defer the order of the agenda and move to New Business, Item 6, Site Plan Approvals, seconded by ~. Lambert. Motion car- ried 6-0. NEW BUSINESS Site Plan. Approyal Applicant; Richard S. Johnson and James P. Xintz Location: 246 North Congress Avenue, Leisureville Plaza Legal Description: Acreage _Project Description: B~anch Bank for First Federal Savings & Loan Assoc. of Lake Worth Chairman Ryder referred to the plan and advised that this was located at the Leisureville Plaza at 804 and Congress Avenue on the east side. The proposal is to add to the pre- sent complex at the southerly end of the Winn-Dixie, this satellite installation for the First Federal Savings & Loan Association of Lake Worth. An important matter to be con- sidered is the matter of parking. He referred to the appro- val of the Bonvale application for offices and stores just to the south of this location in back of the Ranch House and advised with that approval, it was necessary for the Bonvale project to have 28 additional spaces which were allocated from the Leisureville Plaza. For this particular applica- tion, four parking spaces ar~ required and eight are pro- posed; however, apparently these are supposed to come out of the spaces allocated for the Bonvale application. He told about Mr. Annunziato trying to get clarification on this and read a copy of a letter from Flagler Title Co. to M~. Lassiter advising that the contract closing date had passed and the e~crow agreement ~xpired. He clarified that there see~ to be a matter of difference and litigation be- tween Bonvale and Lassiter. He heard this morning that a restraining order was handed down whereby these documents MINUTES PLANNING & ZONING BOARD PAGE THREE MARCH 28, 1978 are not to be returned. Therefore, apparently~we cannot consider the matter of the Bonvale application as voided. We are faced with having already approved the Bonvale ap- plication and it is difficult to see how we can approve this with the issue of parking spaces being overlapping. Mr. Ronald Sales, ~Attorney from Palm Beach representing the applicant, appeared before the Board and stated what the Chairman said about the facts represents a gross misunder- standing. This is not an application for an extension to the existing shopping center, but an application to con- struct a free standing building. The applicants own the real property and M~. Lassiter is their agent. The site upon which the building is to be constructed is entire and complies with City codes and the parking is met with eight being on the site and four required. He attended the hear- ing this mornir~ and the judge denied the application of the Bonvale interest to enjoin the City from taking action. The judge enjoined the e~crowee from delivering papers out of escrow. This BOard is becoming the ploy of someone whose imaginations are to use them as leverage against Mr. Lassiter. tt is too bad M~. ~Annunziato is not present as something has been lost in the translation. It is apparent from the plans before the Board that the site is a £ree standing site which is complete into itself and complies with the conditions in every respect on which four parking spaces are required. Bonvale does not have anything to do with this application before the Board. A long time ago, Mr. Lassiter and his group constructed the shopping center and it had sufficient parking at the time and more than required. He told about Mr. Lassiter and his group subsequently conveying the shop- ping center to a gentleman in M~&mi including the minimum building site. He then told about Mr. Lassiter, M~. Kintz, and Mr. Johnson conveying a residual piece to Bonvale and explained how the contract was poorly constructed with the result being that Bonvale wanted a reduction in price. He told about fiction being created involving these sites being together, which they are not. The plan is correct with showing a separate site with a structure meeting all regu- lations. The Bonvale problem is totally beside the point. This information can be verified in writing. Chairman Ryder referred to the staff making a survey and determining that the eight spaces noted on this application were tied in with the Bonvale application. ~. Sales re- plied that the Bonvale application is beside the point. The two gentlemen owning this small minimum construction site have proposed a building complying with all the ordi- nances an8 meeting the required parking. The City is ob- lige~ to issue a building permit. Chairman Ryder agreed, provided the parking requirements are met. MINUTES PL~A~ING & ZONING BOARD P~,GE FOUR F~RCH 28, 1978 Chairman Ryder added that he also understood the City Attor- ney was to get notice of this action and spoke to him about this. Mr. Sales replied that Mr. Moore did not attend the hearing, but he was there and the application was thrown out against the City and the applicants here. That is totally beside the point. The application before the Board is an. application for this one piece. Chairman Ryder replied that he understood the application. However, along with the application adequate parking must be provided and it has been noted that there is not sufficient space. Mr. Sales stated that according to the ordinance, four parking spaces are required and the applicant has provided ~ight. The Bonvale application is beside the point. This occurs be- cause some vocal la~wyer brought this lawsuit. Th~seappli- cants have made an application to improve their property, which is not part of an existing shopping center owned by other persons. They are requesting a permit to improve their site which is adequate. He does not understand what the Bonvale application has to do with it. Chairman Ryder asked where the eight parking spaces were located and ~. Sales informed him they we~e on the site. M~. Lambert clarified that this property is solely on its own, independent from the shopping center as far as title, etc. and Mr. Sales agreed. Mr. Lambert referred to the application stating 4.95 acres as the area of the site and M~. Sales replied that this was done by the engineers. M~. Lambert questioned the size of the piece of land and Mr. Lassiter informed him it was 20 ft. in the front tapering down to 18 ft. M~. Lambert referred to the C-3 zone requir- ing a minimum frontage, of 75 ft. and minimum area of 15,000 sq. feet and asked how this requirement was met and M~. Lassiter replied that it is part of the shopping center for the whole 20 acre site; this is not a single lot but part of an intreg~l site. He added that a parking agreement was on record. ~. Lambert stated that it is separate because i2 is not owned by the same people and M~. Lassiter informed him that they own 10 acres. Chairman Ryder stated that i~ is not free standing since there will be a common wall. M~. Lambert stated that if this is a project by it- self and the parking spaces are not to be mbnsidered with the shopping center, he does not understand how it meets the C-3 requirements. M~. Lassiter explained that when it was built, it would all look the same with the stores being contiguous, but having separate owners. Mr. Lambert clari- fied that the owner of this particular building will have nothing to do with the shopping center and M~. Lassiter agreed. Mr. Lambert clarified that it would be a common wall and parking agreement and Mr. Sales agreed. M~. Lam- bert stated he did not understand how this would meet zon- inE. He asked if ~/~. Annunziato had seen the plan and Chairman Ryder replied affirmatively, but that he only commented on the parking. MINUTES PLANNING & ZONING BOARD PAGE F~E M~RCH 28, 1978 ~s. Huckle asked if there was other privately owned pro- perty and Ms. Lassiter informed her that the shopping center was sold to Hardtack and they own the ten acres to the south. ~s. Huckle asked if Bonvale owned theirs and M~. Sales re- plied negatively and added that the assignees of Bonva!e are seeking a reduction of price because of the restriction placed by Ranch House. Chairman Ryder stated that the City Attorney had not re- ceived the substance of the decision made at this court action and he suggests that we give him time to refer to that and give us an opinion. He does not think the Board can move on this application tonight. Mr..Arena referred to when the Bonvale application was ap- proved, they were lacking parking and advised that 23 addi- tional spaces were coming from a strip between the shopping center existing and their property. When the 23 were taken away from the Leisureville Plaza, it was made non-conforming. Now, this plan would create a lack of parking for Bonvale and Bonvale has been approved. Mr. Lassiter informed him that this application has nothing to do with those 23 park- ing spaces. They have provided eight spaces in the rear of th~ proposed building. He then pointed out the location of the eight spaces on the plan. M~. Lambert noted that only three were shown and Ms. Lassiter explained that there would be eight, but the drawing was not drawn to scale. Ms. Arena stated that he was under the impression if Bonvale goes through the Leisureville Plaza which exists there pre- sently, the shopping center would become non-conforming and according to our code, nothing could be constructed within that s&te without bringing the parking back up to make it conforming. Mr. Sales clarified that he was saying if Bon- vale buys and improves their property, there will be 23 spaces short and Mr. Arena agreed that Leisureville Plaza would be short. He explained that the plaza had 247 parking spaces,~but with deeding 23 to Bonvale, 224 spaces remain. Mr. Lassiter added that there was no vacant land for any additional stores as the vacant land is his. The existing shopping center has no more vacant land in itself. Col. Trauger read the regulations for an indepedent building in the C-3 zone and questioned how the minimum lot frontage would be met with this being only 17 ft. wide and Mr. Lassiter replied that these regulations were for a separate lot; just because the building is owned separately, it does not mean it is not part of the shopping center. He added that every- thing was approved, except there was discussion about the parking. Mr. Arena referred to the application stating that this building will be partoof the shopping center and M~. Lambert replied that the applicants have stated it is separate. MINUTES PLANNING & ZOOMING BOARD PAGE SIX ~CH 28, 1978 Mx. Arena stated that if it is separate, it does not comply with the C-3 zoning. ~. Sales suggested that the City Attor- ney should answer whether it is located in the shopping cen- ter withstanding the ownership is different. Mr. Lambert questioned how large the separate parcel was and Mr. Lassiter informed him it was ten acres going down to Ocean Blvd. Mr. Lambert stated that it seems the question is whether there is going to be a separate shopping center. ~. Lassiter informed him that it would be next to the exist- ing one and told about Pompano Eashion Squs~e being owned by five people. Mr. Lambert asked if the bowling alley was part of this shopping center and Mr. Lassiter replied negatively and explained how the parking would be prohibitive in the same area as the shopping center. Mr. Sales referred to the rules not being evident and asked the date of the next Board meeting and Chairman Ryder informed him it would be April 11. Chairman Ryder stated he feels in view of what has been brought out and inv~iew of the fact the City Attorney is not aware of what has happened today and we are not in a position to be guided by him, he suggests tabling this. M~. Sales agreed and requested permission to talk to ~. Moore and added that he would also obtain a copy of the code. Chairman Ryder agreed and added that Mr. Annun- ziato should also be available after next Monday. Mr. Arena moved that this be tabled to get a legal opinion from the City Attorney and for further clara~ication, seconded by ~s. Huckle. Under discussion, ~. Lambert referred to there being a specific thing for interpretation and ~. Arena replied that he wanted further clarification on the whole plan. Chairman Ryder added further clarification and consid- eration. ~. Lambert stated he did not want it just limited to the parking. Motion carried 6-0. Col. Trauger referred to there being any regulations govern- ing the conformity of the size of buildings within a shopping center when additions are made and further discussion followed. Applicant: Boulevard Manor Nursing Home Location: 2839 South Seacrest Blvd. Legal Description: ~creage Project Description: Adding 20 parking spaces Chairman Ryder referred to additional parking ~a~eing needed at this Nursing Home and pointed out that the plans did not list a~v pertinent comments. Mr. Ernest Bayford, Administrator for Boulevard Manor Nursing Home, appeared before the Board and advised that they have found need for the additional spaces and have located them in close proximity to make'it easily accessible to the visitors MINUTES PLANNING & ZONING BOARD PAGE SEVEN ~RCH 28, 1978 coming into the Home. He added that the project is two-fold with surfacing the existing parking area and adding the 20 spaces. Chairman Ryder clarified that their entrance was part of the hospital entrance and Mr. Bayford agreed and ad- vised that it would not be changed. The members then reviewed the plans. They discussed the traffic circulation and desig- nation of handicapped parking spaces. M~. Lambert referred to the property adjacent to the south and this was discussed with consulting the zoning map. M~. Bayford informed him that they did own the land on the south. Mr. Lambert referred to water run-off onto the adjoining pro- perry and the representative explained that the parking area would be built with a swale and water would be contained on their property. They discussed further the drainage in this area-and the representative assured the Board that drainage was a major concern in the planning of the parking lot. Mr. Lambert moved, that the Planning & Zoning Board recommend to the City Coomcil approval of the application for the Boulevard Manor Nursing Home for adding 20 parking s~aces subject to clarification from the City Engineer that the run- off from the parking lot to be built will be contained on the site. Mr. Arena seconded the motion. Under discussion, ~. Bayford advised that the engineers had approved the plan and Chairman Ryder replied that sometimes we supplement their re- quirements. Motion carried 6-0. Mr. Arena then made a motion to revert back to Old Business, seconded by Mr. Jameson Motion carried 6-0. OLD BUS IN, ESS County Land Use Plan Proposal for the City Reserve Annexation Area Chairman Ryder announced that this proposal had been referred back to the Board and read the discussion in reference to this from the City Council minutes o~ March 7. For further information, he then read the discussion fromtthe Board min- utes of February 28 when this was originally reviewed. Mr. Arena explained that he objected to the manner in which the plan was prepared with the County telling us how our City is going to grow in these particular areas. He thinks we should have something to do with the planning of our reserve Chairman Ryder added that the reserve areas, particularly the portions contiguous, must be kept in mind that they will even- tually be annexed. He explained how it would be helpful to have the zoning in line with how we would like to see it. He referred to pointing out in some instances that the proposed zoning will be contrary to how it will develop and there was MINUTES PLANN~G & ZONING BOARD PAGE EIGHT M~RCH 28, 1978 discussion about the zoning along South Federal being changed from residential to commercial with the Bowers annexing. Discussion followed also about the industrial noted between Old and New Boynton Roads south of the DeBartolo Mall and whether this would be compatible. Ma~. Lambert questioned the minimum density for single family and Chairman Ryder informed him it was 3½ and 5 for PUD. Mr. Arena referred to the light green areas shown on the plan and advised that these were low density residential and ques- tioned how it would be feasible to provide City services to such a large area with the density being so low. Chairman Ryder explained how the developers were usually required to build the integral systems. Mr. Lambert explained how con- sideration had to be given to the repairs and replacements of the systems. Further discussion followed regarding whether there would be a benefit to the City with such low densities and the services to be supplied. Councilman DeMarco stated h~ also agreed the density in this particular area is not right and suggested that it be studied further. He also told about the owner of the land b ~ e=ng noted as industrial not understanding the reasoning for it. Further discussion followed about the proposed zoning for this area and how traffic flow must also be considered. Mr. Arena referred to having the consultants preparing a plan for within the corporate City limits and stated that we do not know what their recommendations are going to be for the City. He questioned how a recommendation could be made to the Council for the reserve area when at this time we are not sure of the needsffor this area? The consultants will tell what the basic needsaare for this area, but the County wants the recommendation now. Col. Trauger referred to the consultants also making recommendations for the re- serve area and Mr. Lambert replied they were not hired to do that. Further discussion followed about this and then ~. La~oert suggeste~d recommend&ng that the consultants also be hired to plan the reserve area. He explained how this was just as imPortant with having to supply the City services. Further ~iscussion followed with agreements expressed in favor Of this suggestiOn. Eouncilman DeMarco also agreed since a larger area is involved and suggested having the Council and Planning & Zoning Board meet to discuss this. Further discussion followed about the possi- ble advantages of having the consultants prepare a plan for the reserve annexation areas as well as the corporate limits. Chairman Ryder referred to needing input and suggested start- ing with Mr. Annunziato. Mr. Arena agreed that suggestions should be made by M~. Annunziato and suggested that his. recommendations be presented to the Board and a decision be made whether to recommend the spending of the additional money for the consultants, review. MISWJTES PLANNING & ZONING BOARD- PAGE NINE M&RCH 28, 1978 Mr. Lambert referred to the County~ zoning for the various areas of Palm Beach County and the cities' reactions and explained how he thought we should be concerned about the density noted for the Boynton Beach reserve annexation area. Chairman Ryder suggested obtaining Mr. AnnunziatO's opinion first and tabling this until then. ~s. Huckle told about attending a public hearing when the plan was presented and how the consultants were receptive to the peoples' suggestions. She referred to more public hearings being scheduled and suggested giving input. Mr. Lambert agreed, but explained how he thought it would be better for a planning consultant to ask the right questions and know whether they are being answered. Further discussion followed about the procedure which should be followed in this matter and also how the variouszzonings should be given further consideration. Mr. Arena then made a motion to recommend to the City Council, in reference to the County Land Use Plan for the City's re- serve annexation area, that the City Council investigate the possibility and feasibility of extending the serwices of the City,s professional planning consultants to include the re- serve annexation area so the City will be in a better posi- tion to deal with the County Land Use Plan. Mr. Lambert seconded the motion. Under discussion, Mr. Arena added that he thought ~. Annunziato could give an opinion and the City Council can act accordingly. Motion carried 5-~ with Chair- man Ryder dissenting. Antenna Height~ Chairman Ryder referred to Page 18 of the February 28 minutes and the draft prepared by Mm. Annunziato in reference to an- tenna heights. Col. Trauger referred to ~. Winter giving input about the base structure size and Chairman Ryder replied that he thought this should be left up to the Building Dept. ~s. Huckle referred to No. 4-on Page 2 and suggested stating "recelving"antennaes~ since these were being referred to. After discussion, it was agreed that all references in No. 4 are to be noted as "receiving" antennaes. Mrs. Huckle referred to No. 5 and the reference to residen- tial zones and asked about the other zones and discussion followed and it was noted that commercial zones were referred to elsewhere. M~s. Huckle referred to 5-C and M~. Lambert suggested that it s~te "with omrwithout~, to make sense. MINUTES PI~NNING & ZONING BOARD PAGE TEN MARCH 28, t 978 Mr. Lambert referred to Paragraph 4 under the residential zones and questioned the reference to having it "within the building setback lines". Discussion followed about the var- ious interpretations which could be made and it was agreed that this needed further clarification. Chairman Ryder stated he would bring this to the attention of the City Plan- ner and have it clarified. M~. Lambert referred to including wall mo~nted antennaes and Chairman Ryder explained how they would be in the same cate- gory as roof mounted and the height abowe the roof is what would be considered. Further discussion followed about the actual structures and Chairman Ryder clarified that free standing means independently on its own foundation and not supported by the roof or wall. He also explained that if there was an exception to this, it must be approved by the Building Department. After further discussion, M~. Lambert made a motion to refer this preliminary draft with the comments from this meeting to the City Planner to be prepared in final form for the Board's review. Col. Trauger seconded the motion and the motion carried 6-0. .Site Plan Approval Procedure Chairman Ryder read a letter from Ward Cummings regarding the City's procedure and discussion followed. Further dis- cussion followed ~egarding the site plan review process and it was agreed to give it further consideration with the mem- bers preparing recommendations prior to scheduling the meet- ing with the Technical Review Board. ADJOURNMENT Mr. Lambert made a motion to adjourn, seconded by Mr. Jameson. Motion carried 6-0 and the meeting was properly adjourned at 11:05 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) DATE: TIME: PLACE: AGENDA PLANNING AND ZONING BOARD Regular Meeting March 28th, 1978 7:30 P.M. Council Chambers ~ City Hall 1. Acknowledgeme..nt of Members and Visitors. 2. Reading and Approving of Minutes.' 3 . Announcements . 4. communications. 5. Old Business: A. Discussion: Cou~.ty~ La~d ~'~ U se' Plan ~ proposal ~.for__~he_ City -Re serve Annexation Area.. 2. Antenna Heights 6. New Business:' A. Site Plan Approval: Applicant: Richard S. Johnson and James P. Kintz Location: 246 North Congress Avenue, Leisureville Plaza Legal Description: acreage Project Description: Branch Bank for First Federal Savings and Loan Association of Lake Worth Applicant: Boulevard Manor Nursing Home Location: 2839 So Seacrest Blvd. Legal Description: acreage i Project Description: Adding 20 parking spaces. B. Discussion: Site Plan approval procedure.