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Minutes 11-25-75MINUTES OF THE REGULAR MEETING OF THE PLA~R~ING & ZONING BO~RD HELD AT CITY HAIg, BOYNTON BEACH, FLORIDA, TUESD~AY , NOVEmbER 25 , 1 975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Walter M. Trauger, Vice Chman. .Mrs. Vicki Castello Mrs o Marilyn Huckle Enrico Rossi Simon Ryder Warren Bushnell, Acting Bldg. Official ABSENT Oris Walker Chairman Kelly called the meeting to order at 7:35 P. M. and announced it was the second regular meeting in the month of Nov- ember of the Planning & Zoning Board. He introduced the members of the Board and ~. Bushnell. AR~OUNCEMENTS Chairman Kelly announced he had received a memo dated November 21 fromMr. Frank Kohl, City Manager. He read the memo to the members advising that the annual Board dinner would be held on Friday, December 19. He requested that the members hold this evening open and formal invitations will be mailed on December 5. If any Board member does not receive an invitation by Decem- ber 10, please contact the City Manager's Office. MI2~UTES The Minutes of November 12, 1975 were read. Chairman Kelly re- ferred to Page 6, fifth, sentence, regarding Mr. Smoot's statement suggesting making the corner commercial. He stated it seemed to be a better description to state to make the corner commercial. ChairmsmKelly then referred to Col. Trauger's motion regarding this annexation and advised that they should make a recommenda- tion. He called the members about this mud possibly 2hey' should discuss this further. Col. Trauger added that he did think they acted'a little in hs~te and the members agreed to discuss it fur- ther at the end of the meeting. Col. Trauger referred to Page 8, first paragraph, and Mr. Smoot's statement recommending getting away from C-3 zoning and getting into more restrictive. He questioned if he meant more restric- tive zoning and the members agreed this was the correct assumption. Chairman Nelly referred to Page 15 and ~s. Castello's motion to allow James L. Jones - etc. and stated he would like to call to their attention that they always recommend to the City Council. This Board is only a recommending Board. MINUTES PLANNING & Z 0T~ING BOARD PAGE ~0 NOVEMBER 25, 1975 Col. Trauger made a motion that the Minutes of November 12 be approved as corrected, seconded by Mm. Ryder. Motion carried 5-0, with Mrs. Huckle abstaining because she was not at this meeting. OLD BUSINESS Lake Worth Mariner Village Subdivision - Preliminary Mr. Conte Mr. Bushnell informed the Board that Mr. Conte had not arrived yet. Chairman Kelly announced they would defer this until he comes and would proceed with New Business. Nh~,~ BUS !~SS Lembo - Addition to warehouse 725 North Federal Highway Representative - A1 Lembo Mr. Bushnell showed the plans and informed the members that an addition to the existing building was proposed. The members discussed the location. ~. A1 Lembo and Mr..Foy Ward appeared before the Board. Col. Trauger questioned if this was a warehouse which would be leased and Mr. Lembo replied that he planned to use it himself and was going tobbuild two offices in the front and a warehouse in the rear. Actually, there will be 1,500 square feet of office area and a warehouse in the rear. The members then studied the aerial photo of this area. Col. Trauger asked the nature of the business and Mm. Lembo informed him it would be offices and he would store construction equip- ment in the warehouse. Mr. Rossi asked how many lots were in- volved and Mr. Lembo replied: four. Mrs. Huckle questioned the total square feet and Mr. Lembo figured 20,520 square feet. Chairman Kelly read the comments from the minutes of the T.R.B. meeting regarding their review of this plan. ~. Rossi asked if there was a survey submitted and Mm. Lembo replied: no, but the plan is quite clear. Mr. Rossi ques%ioned if a survey was required and Mr. Bushnell replied: no. Chairman Kelly asked if it would be advisable to have the a~pl~canto ~ submdt a survey with the application and the members discussed this and agreed it should be submitted. Mr. Bushnell stated he would make sure a survey was available from now on. ~r. Rossi referred to questions being raised by the T.R.B. regarding easements and ex- plained how a survey would clarify this. Chairman Kelly infOrmed him it was the Engineering Department's responsibility to take care of this. Mm. Rossi reolied that everything should be in order before they review itl Mr. Lembo explained that the survey MINUTES PLANNING & ZONING BOARD PAGE THREE NOVE~ER 25, 1 975 was transposed on the plan. Mr. Ryder pointed©out that the side yard was not designated. The members discussed further the neces- sity of having a survey submitted. Mrs. Huckle read the zoning requirements and they ascertained that it met the square footage, lot depth, maximum coverage, and front yard setback. M~. Rossi questioned the canopy shown on the plan and Mr. Lembo informed him that this was used by the gas station. In checking the regulations, Mr. Rossi ascertained that this was actually a structure and did not meet the setback requirements. The members discussed the actual construction of this and the supports and roof on it. M~. Lembo pointed out how he was going to make im- provements and was meeting the code except for this, which he did not know anything about. He added that he thought they should make provisions for existing buildings. Mr~ Rossi pointed out that he was changing the use. ~. Lembo replied that he thought it would be down-grading if he used it for a gas station. Chair- man Kelly informed him that he would satisfy all the requirements of the code if he would take thisddown. The members then ascertained that the side and rear setbacks met the requirements. M~. Rossi noted that 18 parking spaces were proposed and they discussed the actual amount needed for a busi- ness of this type. They then discussed the uses listed in C-4 zoning under which these offices and warehouse would be included. Mrs. Huckle read the comments from the minutes of the C.A.B. meeting regarding their review of this plan. M~s. Huckle asked what ~aind of equipment would be warehoused in this establishment and Mr. Lembo informed her it would be mainly tools stored in the building and they would have one garage door. ~Mr. Rossi stated there was something wrong with the drawing and pointed out there was no way to build the parking as shown on the plan and explained. There will be no grass at all with hav- ing the required size parking sps~¢~es. It looks like the scale is off and they won't wind up with the grass as shown. Mr. Rossi questioned if it would be objectionabl~ to have it all paving and checked the C.A.B. notations on the Plan. ~s. Huck~e noted that 16 spaces were shown now and ~. Bushnell pointed out that one parking spaceswas for the location of the dumpster. Mr. Lembo informed them that he was actually supplying additional parking to accommodate people from the Chamber of Commerce. M~. Rossi referred back to the canopy and informed him that he would have to apply for a variance before the Board of .Adjustment if he desired to keep it. The members and Mr. Lembo and Mr. Ward discussed this canopy structure further and the possibility of removing it or the procedure for applying for a variance to keep it. MINUTES PLANNING & ZONING BOARD PAGE FOUR NOVE~ER 25, 1975 Col. Trauger made a motion that the application for the preliminary site plan for Lembo Addition to warehouse, 725 North Federal High- way, be denied for the reason that the existing canopy structure does not meet the front setback requirements of the current ~Zoning Code. Mr. Rossi seconded the motion. Motion car- ried 6-0. OLD BUSINESS 1. Lake ~Yorth Mariner Village Suvdivision - Preliminary Mr. Conte Mr. Conte and a representative from John A. Grant, Jr., Inc. ap- peared before the Board. Mr. Ryder referred to several questions the members had asked previously and asked for a report from ~. Conte. ~es. Castello asked if there was a recent smrvey and Mr. Conte showed a survey and explained it. M~. Rossi questioned where the 70 ft. canal right-of-way went and Mr. Bushnell replied that it went to the Intracoastal. M~. Rossi pointed out that the survey did not show this and questioned why the lines were not run all the way out? The representative in- formed him that it was called a right-of-way, but was not dedicated. He added that it was probably a misnomer on the architect's plan. Mr. Rossi referred to their proposal to put lots on dedicated rights-of-way and asked if this was under the ~urisdiction of any- one and Mr. Conte replied: no, it was his property. He bhecked this out with his attorney. The members then studied the aerial photo of this area. Mr. Rossi asked if the lots now met the requirements for R-1 and ~. Conte explained the new plan. He stated that he had 42 lots previously and how has 39. He explained the roads and the single family homes he proposed to build. Mr. Rossi checked the new plan to see if the square footage requirements were being met. Mr. Rossi then referred to the rear 20 ft. of the lots being under water and Mrs. Huckle asked if the square feet were included in the 20 ft. and Mr. Conte replied: yes. Mrs. Huckle asked what was on the other side of this water and Mr. Conte informed her it was bare land. Mr. Rossi referred to the maintenance of this canal and M~. Conte informed him that nobody was maintaining it. He added that he went to the Army Corps. of Engineers for a permit and he owns half of this canal. He also informed them that the canal could not be widened, but could be made deeper. They dis- cussed the dredging of the canal and also the filling in of the lots. ~s. Huckle questioned the overall depth of the lots and Mr. Conte informed her it was 105 ft. Mr. Rossi asked if all the lots met the requirements and M~. Conte replied: yes and it was computed MINUTES PLANNING & ZONING BOARD P~GE FIVE NOVE~,I~ER 25, 1975 by his engineer. He presented the breakdown for all the lots. Mr. Rossi a~ked if the existing road met the City requirements and ME. Bushnell informed him that the right-of-way width meets the City requirements. Mr. Rossi referred to the maintenance of the existing gravity sewer and Mr. Conte informed him that the City maintained it. He added that the land owners are billed by the City for maintenance. ~. Rossi stated it could possibly be a private sewer and they were paying the City to take care of it. ~. Conte replied that this was not the way he understood it and was told the original owner put it in and the City is maintaining it. Mr. Ryder asked who would own the roads and M~. Conte in- formed him that the people would and there will be a homeovmers' association and they will maintaintthe roads, cut grass, etc. Mr. Rossi stated as far as legal ampects, he must find out about road construction, who owns the sewer, and how the legal docu- ments will be drawn up for the homeowners' association. Conte statedtthat he would check with the engineer about this and will submit the documents. M~s. Huckle then read the Board's comments made at the last meet- ing regarding this pla~, Mr. Rossi asked if the City Engineer reviewed this plan and the representative replied that he wanted this Board to give a preliminary review. M~. Rossi stated before preliminary site review, they must have input from the City Engi- neer. .Mr. Bushnell stated that the preliminary plat according to ordinance goes to this Board and then te City Council. Chairman Kelly pointed out that he had met their previous requirements. Mr. Conte then explained that he had a time limit on this project. Mr. Rossi pointed out that this was not a standard subdivision. Mr. Conte informed him that he would go to the engineer after this Board. He will have his engineer contact the City Engineer. He must have a starting place. ~s. Castello stated that the plan now conformed to their zoning and Mr. Rossi disagreed and stated he was asking for a substandard road. He is asking for a private road. He is also asking to put lots on the water. It is a little more involved. M~. Ryder agreed that no ~ity would accept a 20 ft. street. ~s. Huckle referred to this being similar to condominium developments. [z~. Rossi stated that the legal aspects must be taken care of. M~. Rossi referred to the area showing a 5 ft. drainage utility easement on one side and questioned what was on the other side? Mr. Conte explained that it was a private drive to serve three lots. Mrs. Huckle referred to emergency vehicles am.d M~. Conte replied that they could fit in there. M~. Rossi questioned gar- bage pickup and Mr. Bushnell pointed out that it would be hand carried to a certain point. Mrs. Castello referred to this being shown as an t8 ft. road previously and Mir. Conte informed her that he dropped it to 16 ft. to mmke the lots larger to meet the requirements. MINUTES PLANNING & ZONING BOARD PAGE SIX NOVE~ER 25, 1975 Mr. Conte asked if he could proceed and go through engineering? Chairman Kelly read Mr. Rossi'socomments from the previous meet- ing when he suggested following through with the City Engineer at that time.' Mr. Conte stated he wanted to proceed next with more detailed drawings for the City Engineer. Once he starts with his engineer, he must proceed. M~. Rossi stated in looking-at this whole proposal, he is asking for a special exception to zoning. They have no provision for a special exception unless they lock him to a given plan. Col. Trauger stated that ~. Conte had met their requests ~md theymmust now either accept or reject. Mr. Rossi referred to special ex- ceptions in the County requiring a public hearing. Mr. Conte stated he didn't understand and referred to the original request being for 99 townhouseso Mr. Rossi informed him that townhouses would have to be built according to City standards, but now he is asking for something entirely different. He will not have public roads. M~s. Huckle stated she thought this was actually a re-zoning re- quest and Chairman Kelly disagreed. Mr. Conte asked why they were considering this non-standard, as he has met all the require- ments? The representative referred to this being a private sub- division and the roads will not be dedicated, but the easements will be provided. The road will be maintained by the association. The City will only tak~ care of the sewer and water. M~. Rossi pointed out that they were coming in with a private street with some utility easements and input should be given by the City since they are going to maintain the sewer and water lines. Mr. Bushnell stated that Mr. Conte had the ~ight to subdivide this without water and sewer and this was discussed further. Mr. Conte requested that the Board give him a starting point. He added that he has followed every rule the Board has set out. Mr. Rossi replied that before he could record a plat, he must come back before this Board and it must meet the square footage and have the necessary documents providing for mainten~uce, etc. The members then d~s~ss~ed~the simitiarity of this plan to a PUD. M~s. Huckle read t~e~~ce stating every subdivided lot or property shall be served by a publicly dedicated street, etc. The members discussed whether this private road met these require- ments. They also discussed the maintenance and how it must be spelled out in the homeowners' association agreement. Mrs. Huckle questioned where this type of development was spelled out and stated she still didn't understand what it came under with them being allowed a special exception. Mr. Rossi agreed. She asked how this could be governed~ ~. Rossi explained that he was asking for a special exception. ~. Ryder suggested dis- cussing it further with Mr. Smoot. He also thinks it should be treated as a special exception. Chairman Eelly agreed and sug- gested tabling this until their next regular meeting on the second MINUTES PLENNING & ZONING BOARD PAGE SEVEN r NOVEMBER 25, ] 975 Tuesday in December. Mr. Ryder Suggested having a workshop meet- ing before the regular meeting to discuss it further. Chairman Kelly agreed and added that Mr. Smoot should be present. Mr. Conte clarified that they wanted to know about the lift station and the City Engineer's opinion. Mr. Ryder suggested that Chair- man Kelly just briefly discuss this with M~. Smoot and find out if a workshop meeting would be advisable. ~. Rossi added that they must also review their platting regulation to make sure this is not contrary to the ordinances. M~s. Castetlo referred to Leisurevi!le and ~. Rossi informed her it was done by special exception with public hearings. Mr. Conte stated this was not a PUD. ~. Rossi replied that he thought it would be a special exception. Chairman Kelly advised that he would call Mr. Smoot and inform him of this discussion. ~. Rossi stated that he thought they also must have the views from the City Engineer as to the status of the water and sewer, what Would he require in regard to the existing streets and easements, if the 5 ft. easements meet re- quirements for drainage, water and sewer. They must know the status of the existing system. Chairman Kelly recemmended Mr. Conte to contact the Utilities Director, Mr. Perry Cessna. M~. Rossi thanked ~.~. Conte and remarked that he had come a long way with his plan. M~. Ryder added that he had been very helpful. M~s. Castello agreed and added that the inefficiency was in the ordinance. M~. Rossi made a motion to table this pending consultation with the professional zoning consultant and ~. Conte securing a written report from the City Engineer and Utilities Director. M~s. Castello seconded the motion. Motion carried 6-0. BUS INES S Four Seasons Manor Retirement Home 1708 N. E. 4th Street Representative - M~. Louis Gonzalez M~. Bushnell showed the plans. The members discussed the loca- tion and viewed the aerial photo. Mr. Rossi asked what State Agency regulated this and ~. Gonzalez informed him that he was regulated by the Hotel and Restaurant Commission. He has changed the plans eleven times as requested by them and it has taken him four months to ge~ these plans approved by them. Mr. Rossi asked if the street was paved to his property and M~. Ryder checked the survey and noted it was a City street. ~. Gonz~lez informed them that the City would pave it. Mr. Bushnell agreed, since the City EngineMr did not require6 him to do it in his review. ~'~. Ryder disagreed and explained. ~. Rossi stated this was not the Board's concern and ~-~. Bushnell agreed. MII~VJTES PLANNING & ZONING BOARD PAGE EIGHT NOVE~ER 25, 1975 Mrs. Huckle questioned where under C-3 zoning was the category of retiremen6 homes allowed? They must be sure it is covered. She then read the regulations. Chairman Kelly stated it did fall within the C-3 zone and the members agreed. Mr. Rossi questioned the lift station being in the parking lot and Mr. Gonzalez stated it was acceptable. ~. Rossi asked if he was willing to give an easement and Mr. Gonzalez replied that he was mn negotiation with .Mr. Clark about this. Mr. Rossi referred to granting an abandonment of the other easement to Mr. Gonzalez. He added that when an application is made for abandonment, it should be investigated thoroughly. Mr. Gonzalez stated that he would furnish this easement. The members then checked the setbacks and parking spaces and noted that they met the requirements. Mrs. Castello asked what zones abutted this property and Mr. Bushnell informed her that to the west it was residential and Mr. Gonzalez added that on the north was an orange grove. M~s. Huckle referred to the C.A.B. require- ments and Mr. Gonzalez informed them that the C.A.B. required at least a 3 ft. cyclone fence with vines. He also explained that the pool plan would be submitted at a later date with the completed plans. Mrs. Huckle informed him that the zoning regulations re- quired a 5 ft. fence, buffer, etc. She then read the comments from the C.A.B. meeting pertaining to Mr. Gonzalez's statement and stated she thought the requirements were covered. Mr. Gonzalez added that he wanted protection for the people and beautification of the property. M~s. Huckle read the motion made by the C.A.B. following their review of this plan. Col. Trauger moved to accept this preliminary site plan for the Four Seasons Manor Retirement Home as submitted by ~. Louis Gonzalez. M~. Ryder seconded the motion. Motion carried 6-0. Kessman - Request regarding zoning restrictions 510 S. E. 23rd Avenue Representative - Mr. David Kessman M~. Kessman informed the Board that he owned two adjoining lots at 510 and 514 S. E. 23rd Avenue. The dimensions are 52 x 198 ft. each. He lives in a small one bedroom house with his wife and eleven year old son. He has a little house behind his, which is a one bedroom house, which his married sone lives in. He would like to build a triplex which would include a nice apartment for himself and two amdm,~onal~ '~ apartments to rent. it is now zoned C-3~ but when he bought it, it was R-3 and he planned this when he bought it. The members discussed the location and viewed the aerial photo. MIh~UTES PLA~NiNG & ~ONING B0~RD PAGE NiNE NOVEmbER 25 , 1975 Mr. Kessman continued and informed the members that the combined area of the two houses was 2,200 squa.re feet. He would like to start building at the southeast corner and build a two bedroom/ two bath and two - one bedroom/one bath apartments to rent. There are all triplexes across the street. Mr. Rossi clarified that on this plot of land, he wanted to build a triplex and also have the three small one bedroom houses and Mr. Kessman stated this was correct. M~. Rossi asked if all this could be put there ~md Mr. Kessman replied: yes. (At this time, 10:45 P. M., Mr. Ryder asked to be excused.) ~. Bushnell clarified that Mr. Kessman was just asY~ng permission to do this in this zone. ~. Rossi referred to the building of a number of buildings on this one piece of land and Chairman Kelly informed him there was approxi- mately ½ acre there. ~. Rossi asked if the titles were under one t~w~ership and Mr. Kessman replied: yes. Mrs. Castello asked if a maximum density applied? M~s. Huckle asked if the zoning would be R-1 for the houses and R-2 for the duplexes? Col. Trauger clarified there would be six dwelling units on two lots. Mr. Rossi stated it was actually one lot 104 ft. wide by 198 ft. deep. Chairman Kelly informed them that the regulations state multi-family residential is allowed in this zone upon recommendation by the Planning & Zoning Board and appro- val by the City Council. M~s. Huckle pointed out that the density was 10.8 per acre and he would be allowed 5.4 and would be ex- ceeding the regulatior~. Mr. Kessman stated that according to this, he could only build a duplex. He added that in this area, he was not asking for any- thing different. Mr. Rossi agreed it looked like a duplex based on site plan approval. He must meet all setbacks, square footage, etc. Mm~. Eessman explained that he didn't want to spend a lot of money. He spoke to ~. Schmidt in the Building Department and told him what he had and was advised the zoning was changed from R-3 to C-3. He gave him a form to submit to Mrs. Padgett to apply for a zoning change. He went to his attorney and then to Mrs. Padgett and got copies of the ordinance. His attorney advised him that multi-family residential was allowed and he would like to build a triplex. It will not cost much more than to build a duplex. Chairman Kelly informed him that he could not build a triplex. Mr. Kessman asked if he could build a duplex with three bedrooms/ one bath and the other being two bedrooms/one bath and rent a room? ~. Rossi suggested submitting a site plan. Col. Trauger stated that the Board has determined the verbal re- quest of ~. David Kessman will meet the zoning criteria for him to build a duplex in addition to the existing structures. The Board recommends that he submit a site plantto the Building De- partment for processing through the City Boards. Mr. Rossi seconded the motion. Motion carried 5-0. MINUTES PLANNING & ZONING BO~D PAGE TEN NOVEMBER 25, 1 975 Abandonment of a publicly dedicated right of way and easement grant more particularly described as: The North 90 feet of the West one-half (1/2) of the Northwest one-quarter (t/4) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, less the West 53 feet thereof,, subject to existing right of way of Lake Worth Drain- age District lateral canal #28. Applicant - City of Boynton Beach Mr. Bushnell informed the Board that a long time ago, the City of Boynton Beach took an easement consisting of the above described property. The City learned later in laying the utilities that this was not the proper location and took a second location. The City is now restoring the nonused and unnecessary easement which was taken first. Chairman Kelly added that they were restoring title to-the original owners. ~. Rossi referred to the Planning & Zoning Bo~d having a public hearing on an abandonment. Mrs. Huckle added that technically they should have held this public hearing at 7:30 P. M. as adver- tised. M~. Rossi agreed that the public hearing was not being h&~d at the proper time. The members discussed whether it was proper to consider this application at this time and Chairman Kelly suggested tabling this matter until the proper legal proce- dure could be cleared up. Col. Trauger stated that since the public hearing as advertised by the notice was not held by the Planning & Zoning Board at the proper time, the Board requests the City Clerk to re-advertise this hearing for the next meeting. It is also recommended that this be stricken from the agenda for the City Council meeting on December 2. Mrs. Castello seconded the motion. Under discussion, Mrs. Huckle referred to Mr. Bushnell's statement that the meeting was to be held at 7:30 P. M., but not specifically have the public hearing at that time and if they agreed this was correct, maybe they could dispense with it tonight. Chairman Kelly read the first paragraph of the notice. Mrs. Huck~e stated she thought techni- cally, it did not state they have to hold it at 7:30 and she added that the agenda listed it as the last item. Col. Trauger replied that he would rather keep it within legality and postpone it. Mrs. Huckle agreed it should be at a specified time. Motion carried 5-0. ADJOURNMENT Col. Trauger made a motion to adjourn, seconded by ~s. Huckle. Motion carried 5-0 and the meeting was properly adjourned at 11:10 P. M. :.~:G E'eN ~D A Regular Planning and Zoning Meeting Time: Date: Place: 7:30 P. 1~I. November 25, 1975 First Floor Conference Room 1. Acknowledgement of members and visitors. 2. Reading and approving of minutes. 3. Announcements: 4. Comunications: 5. Old business: t. LAKE WORTH MARINER VILLAGE SLiLDIVISION Mr. Conte 6. New business: Lembo - Addition to warehouse 725 North Federal Highway Representative - A1 Lembo e Four Seasons Manor Retirement Home 1708 N. E. 4th Street Representative - Mr. Louis Gonza!ez e Kessman - Request regarding zoning restrictions 510 S. E. 23 Avenue Representative - Mr. David Kessman e Donovan - Easement PUBLIC HEARING SCHED~D FOR".~C%y%.i~0~d%.L MEETING ON DECEMBER 2, 1975. Representative - Frank W. Donovan