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Minutes 02-08-77MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL ANNEX, BOYNTON BEACH, FLORIDA ~TUESDAY, FEBRUARY 8, 1977 AT 7:30 P. M. PRESENT Oris Walker, Acting Vice Chairman Richard Lambert Simon Ryder Garry Winter ABSENT Joseph T. Kelly, Chairman Louis Reiser (Excused) Carmen Annunziato, City Planner Acting as Vice Chairman, Mr. Walker called the meeting to order at 7:30 P. M. in the Annex of the City Planner's Office. He introduced the members of the Board. NEW BUSINESS Review of Plans United Federal Savings & Loan Association 289 North Congress Avenue Bank Building Mr. Annunziato informed the Board that he has been working very closely with the representative from United Federal. The plan has been reviewed by the Technical Review Board and the following comments are noted: The Utilities Director has requested that a service "Y", 8" x 6", be installed downstream from the exist- ing manhole and from the manhole to the property line ~be 6" with a cleanout provided at the property line. In reference to the water meters, the Utilities Direc- tor requested that they be located closer to each other. The Police Department reviewed this plan and felt it was not clear how much lighting would be provided on the wes~ and south side of the building for police protection and requested adequate or additional light- ing be provided. Mr. Annunziato added that his comments were that 10 ft. of right-of-way be dedicated to the County for right-of-way purposes for Congress Avenue and that the required sidewalks be bonded at this time and be installed in conjunction with the present construction of Boynton Road and Congress Avenue working with the County to get proper elevations and he ex- plained. MINUTES PLANNING & ZONING BOARD PAGE TWO FEBRUARY 8, 1977 The members reviewed the plans.. Mr. Ryder referred to the plans being identified as Boynton Beach Plaza. His under- standing is that Boynton Beach'Plaza is the old shopping center on Federal H~ghway at 2nd Avenue. He just wanted to point this out in order to avoid any confusion. The repre- sentative informed him that the center was identified as Boynton Beach Mall. Mr. Ryder replied that the sign in front says Boynton ~laza and the one on Federal Highway says Boynton Beach Plaza. Mr. Lambert referred to the lighting and asked if there was a definite recommendation and Mr. Charles Laird, the archi- tect representing United Federal, informed him that due to so many things being shown on the plot plan, the lighting was transferred to a lighting plan. He showed the plan and advised that the lights would be quite sufficient. Mr. Lambert asked if the Police Department had the full set and Mr. Annunziato replied that they probably did not. Mr. Laird explained further how some of the existing lighting would be relocated and some would remain and they thought it best to submit a lighting plan. Mr. Lambert moved ~hat the Planning & Zoning Board recommend approval to the City Council of the plan submitted by United Federal Savings & Loan Assoc. subject to the staff recommenda- tions. Mr. Winter seconded the motion and the motion carried unanimously.. Mr. Ryder referred to there being a deacceleration lane fur- ther south on the west side of Congress Avenue and asked if they had intentions to provide a deacceleration lane and the representative replied that apparently the County prefers they do not and he explained how the County was afraid if they put in a deacceleration lane, it would create a problem with people thinking they are g~oing into a shopping center and being forced into a bank. Mr. Annunziato stated he would like confirmation from the developers regarding agreement or disagreement of the staff recommendations. The representative replied that he was referring to the modification to the sewer line, the modifi- cation to the water meter and the bond to cover construction of the sidewalks. He added that the lighting was covered with the additional plan. Mr. Annunziato added that there was also the matte~ of the 10 ft. right-of-way and the repre- sentative replied that in regards to the dedication of the right-of-way, it is their position in view of the fact they are leasing the land that it would be easier from a legal point of view ilf they would construct a sidewalk and provide public easement. He asked if this would be acceptable and Mr. Annunziato asked if this public easement was for right-of- way and the representative replied that it would be on the MINUTES PLANNING & ZONING BOARD PAGE THREE FEBRUARY 8, 1977 sidewalk. Mr. Ryder clarified that the 10 ft. would be for widening the road on ~the west side and the representative replied that the roadway widening is in 50 ft. from the center line of Congress-.~Avenue as shown. Mr. Annunziato clarified that the present right-of-way for Congress Avenue is 100 ft. and the proposed is 120 ft., which would mean 60 ft. on either side of the center line. The representative informed them that the way the lease is provided now, it clearly specifies for an abatement of the rent between them and the landlord that the right-of-way or additional lands be by action of the court. The lease contemplated eminent domain proceedings and he would have to get a legal opinion from their attorneys regarding the provisions of the lease before he could agree with the Board that they could dedicate this right-of-way. Chairman Walker requested his recommendation and the repre- sentative replied that they could convey an easement for the public use of the sidewalk. They will agree to build the sidewalk, post the bond necessary to do so, and convey the easement. They have enough legal interest in the property so they can convey an easement. That way, the public would have the right to use the sidewalk. At such time when the County wants to widen the road, it would be necessary for them to have the title to the land and not only them, but the owner of the land must join in the proceedings. They are perfectly willing to build the sidewalk and convey an ease- ment for public use. Mr. Annunziato replied that he under- stood at this point the position the bank is in and perhaps the City, County, United Federal and Mr. Athans could work together to provide this right-of-way. Jointly he thinks they can work out some agreement, but he doesn't think it should hold up this plan. Mr. Winter pointed out that the sidewalk would be in the right-of-way. ~. Lambert clarified that they have made the recommendation to the City Council subject to the staff recommendations and obviously because of leasing the land, United Federal cannot dedicate the right- of-way and the decision should be made by the City Council whether to drop this one staff recommendation. Mr. Annunziato added that Mr. Athans has been considerate in the past and this probably can be worked out collectively. Inlet Plaza 1850 N. Federal Highway Prozna Corp. Store and Office Building Mr. Annu_uziato informed the Board that the staff recommenda- tions were as follows: The Fire Department and Utilities Department request the water line on Oak Street to be ex- tended to the vicinit~ of the easternmost driveway with a 6', pipe and a fire hydrant to be provided in that locale for MINUTES PL~3~NING & ZONING BO~D PAGE FOUR FEBRUARY 8, 1977 fire protection. There are also some technical comments from Tom Clark concerning drainage, french drains and roof drains. He recommends approvslof this plan subject to the staff recom- mendations. He added that there was also the request that the Seagrapes be trimmed to provide line of sight distance for cars entering and exiting. The members reviewed the plans and discussed the location. Mr. Winter referred to a sidewalk being installed and Mr. Annunziato informedhim that there are sidewalks projected for the north and west sides, but not on the south side. This is a result of all the pavement being constructed in the north half of the right-of-way for Lake Street. He referred to the land being platted many years ago and ex- plained that there was no right-of-way adjacent to the cen- ter line on the south side of the street; therefore, there is no reason for a sidewalk. Mr. Lambert asked the repre- sentative, Mr. Bob Field, if he was in agreement with the recommendations and Mr. Field agreed and stated there would be no problem. Mr. Annunziato further explained the recom- mendation from the Fire Department and advised that it was noted on the plan. Mr. Winter made a motion to recommend approval of the plans submitted by the Prozna Corp. for Inlet Plaza subject to the recommendations by the various Departments. Mr. Lambert seconded the motion. Motion carried unanimously. Mr. Field requested a copy of the plans and Mr. Annunziato informed him that he would receive a copy with all seals and recommendations noted which could be modified for Couu- cil approval. New Mount Baptist Church 101N. E. 12th Avenue Church Mr. Annunziato informed the Board that this plan was for a church and numerous staff requirements have been made, which he would like to go over with the Board and developer. The bathrooms have to be redesigned to meet the handicapped regulations as noted by M~. Eier.and these requirements are available in the Building Official's office. The Fire De- partment noted that the plan would have to comply with fire codes. The Engineering Department recommended the streets fronting the project be paved and drainage details be sub- mitted. The Utilities Director referred to an existing s~ewer line approximately 174 ft. west of the intersection of N. W. 2nd St. and N. W. 8th Ave. and this sewer line would have to be extended and a,manhole built at the inter- section of N. W. 2nd St. and N. W.. 8th Ave. and.the line would have tobbe extended from the manhole east to the east- ernmost property line to facilitate sewage for this project. MINUTES PLANNING & ZONING BOARD PAGE FIVE FEBRUARY 8, 1977 The Police Department has requested outdoor lighting 24 hours a day. The General Services Department has requested streets be paved for garbage packers. He has noted that this appli- cation needs a variance from the Board of Adjustment to meet the minimum lot size for this type of use, which is one acre, and there is approximately 40,000 sq. feet at the site now. Also the Board has to make a recommendation concerning height exception subject to their new ordinance for the cross on top of the church. He has also required the streets to be paved. The members reviewed the plans. Mr. Walker asked how high the cross was and Mr. Annunziato pointed out that it was shown to be 3.1 ft. and the height restriction in this zone is 25 ft. ~. Winter questioned why lighting was required for 24 hours a day and ~. Annunziato replied that in the opinion of the Police Department, they felt the area warranted it. Mr. Winter remarked that not only was it a waste of energy, but they should consider the amount of money spent for 24 hour lighting by a church which is generally considered a non- profit organization. Mr. Ryder stated that he didn't see sidewalks indicated, but assumed they will be put in. He stated that they must also recognize that this ~s a R-lA zone and permissive use is con- ditional. The church is a conditional use. Mr. Annunziato clarified that they have conditional use approval in their ordinance, which this would not be a case. This is a per- mitred use through the pyramiding effect of the zoning ord- inance as it is permitted in R-1AAA subject to a one acre restriction. Mr. Ryder replied that he had in mind it would have to go through the conditional ordinance only in the sense it is not strictly a residential structure. Mr. Lambert stated that it seemed to him in this particular case, the cart was before the horse. He asked if the Board could approve a plan which does not meet the zoning defini- tion with the site not being large enough? They discussed the procedure of approval and Mr. Annunziato pointed out that all these steps are necessary for approval and the Board of Adjustment need not necessarily preceed the Planning & Zoning Board recommendation. Mr. RegEie Harris representing the New Mount Baptist Church referred to the requirement to have one acre and advised that the Board of Directors of the Church do have a letter pointing out that this is a hardship case with being forced to move from their present location because of Seacrest Blvd. being widened. Mr. Lambert asked if there was a reason why this was going before the Planning & Zoning Board before the Board of Adjustment and M~. Harris replied that he was told MINUTES PLANN~G & ZONING BOARD PAGE SIX FEBRUARY 8, 1977 the plans would have to be approved by the Community Appear- rance Board and Planning & Zoning Board and he will apply to the Board of Adjustment.~ Mr. Annunziato stated that there appeared to be a lot of questions that have not been completely answered satisfac- torily for the Board and possibly the correct thing to do at this time would be to table it and bring it up following action by the Board of AdjmUstment at a later date. Mr. Winter agreed. Mr. Lambert also agreed and suggested possi- bly in the meantime if the church would like a feeling from they could comment witho~a~i~r~mal the City Co~uucil. He feels as long as everything is met, he doesn't see why they would not approve it. Mr. Walker stated that it is currently a vacant lot and a church would be better and he would go along with the plan as presented if approval is given by the Board of Ad- justment. Mr. Winter stated that h~ was~also in favor of waiving the 25 ft. as he did not see anything wrong with the cross Mr. Ryder moved that the matter of the application of the the Board of Adjustment. Mr. Winter seconded the Under discu~ .~Ryder clarified that this was tabled with the that after approval by the Board of Adjustment, this will again be taken up by this Board. MOtion carrie unanimously. Mr. Harris asked for a further explanation on the 24 hour lighting requirement. Mr. Winter suggested that they re- quest it be changed to the ~i~ hours of dusk to sun~ise~ Mr. ~nnunziato replied that he would discuss this further with the Police Department. They discussed the lighting and other requirements further. Mr. Lambert suggested that ~. Harris and Mr. Annunziato discuss the staff recommenda- tions further and have it worked out for the final review by this Board. Minutes of January 25 , 19~7 Mr. Lambert made a motion to approve the Minutes of the Jan- uary 25, 1977, Regular Meeting, as presented, seconded by Mr. Winter. Motion carried unanimously. Adjournment Mr. Lambert moved to adjourn, seconded by Mr.. Ryder. Motion carried unanimously. ouzanne Kruse Recording~$ecretary (One Tape) AGENDA PLANNING AND ZONING BOARD Regular ~eeting Date: Time- Place: F.ebrUary 8, 1977 7:30 P.M. Council Chambers: City Hall Acknowledgement of Members' and Visitors'. Reading and Approving of Minutes. Announcements. Communications. Old Business: New 'Busin'~ss: mm United Federal Savings .and Loan 289 N. Congress Avenue Mr. Watson; Secretary-Treasure Bank Building Asso. Inlet. Pl.az~ 1850 N.o Federal Hwy. Prozna Corp, Store and Office Building New Mount Baptist Church 101 NoE. 12th Avenue Willie Stoan - Board of Trustees Church' -' Rev. 3/19/76