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Minutes 10-28-75MINUTES OF THE REGUEAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 28, 1975, AT 7:30 P. M. PRESENT Joseph. T. Kelly, Chairman Walter M. Trauger, Vice Chmmu. Mrs. Marilyn Huckle Enrico Rossi Oris Walker Simon Ryder ABSENT Mrs. Vicki Castello (Excused) Warren Bushnell, Acting Bldg. Official Chairman Kelly called the meeting to order at 7:34 P. M. and welcomed the ladies and gentlemen present to the second regu- lar meeting in the month of October of the Planning & Zoning Board of the City of Boynton Beach. He then introduced the members of the Board, Acting Building Official, and Recording Secretary. MINUTES Minutes of septembe~ 9, 197~ Chairman Kelly noted that a quorum was now present for the reading of these minutes, which were tabled previously. Mr. Walker made a motion that the Minutes of September 9, 1975, be approved as submitted, seconded by Mr. Ryder. Motion carried 4-0, with Mrs. Huckle and Col. Trauger abstaining since they were not present at this meeting. Min. ~tes of October 14, !..975 Mr. Walker made a motion to adopt the minutes of October 14, 1975, as submitted, seconded by Col. Trauger. Motion carried 5-0, with Mrs. Huckle abstaining since she was not present at this meeting. Chairman Kelly annou~¢.ed that Mr. Bushnell requested the follow- lng to be added to the agenda: Old Business - 2. Annexation of Cogenl~operty Congress & S. W. 23 Avenues (North & south sides of 23rd Ave. and west of Congress Avenue) Mr. Bushnell e~plained that this was not included on the agenda because of the length of last week's City Council meeting. MINUTES PLANNING & ZONING BOARD PAGE TWO OCTOBER ~8, 1975 New Business - 7. Sea Mist Marina Enclosing part of front porch. CO~E~UNICAT!ONS Chairman~Kelly referred to correspondence between the City Attorney and City Manager pertaining to the first reading of the changed regulations which was passed, by the City Council and these are now coming up for second reading. The City Attorney wanted to make sure there weren't any additional corrections and he and Mr. Buskuell found only oneon Page 3, Section 8, which they corrected to shew 15,000 square feet. This will be before the City Council for the second reading this week. 1. Lake View Haven Subdivision - Final Review Mr. Bus~hnell referred to Mr. Rossi's request at the last meeting and informed him that the subdivision had no know- ledge of the transaction in reference to some cut or ease- ment and it may or may not appear on the plan tonight, but it will be taken into consideration. Mr. Rossi read his recommendations from the minutes of the last meeting and asked if this was still not reflected on the plat? Mr. Bushnell asked him to explain this to the representative present and added that it would be taken care of and would Be ready for the City Council meeting next Tuesday. Mr. Carl DeShay stated his name and that he represented Arthur Strock & Associates. Mr. DeShay informed the Board that since the plat was reviewed previously, they have added a 25 ft. easement for the canal along the east property line and he pointed this out on the plat. Mr. Rossi referred to their previous discussion with the representative of the owner and how he informed the Board that the owners of the lots could fill in to some point and this was the reason for the Board's request. He clarified that they have now desig- nated that they can fill in to 25 ft. Mr. DeShay replied that this was correct and added that they must get a permit from the City. Mr. Rossi referred to their previous discussion indicating that a canal should remain and Mr. Ryder pointed out that this assured at least 25 ft. The members discussed the pos- sibility of the property owners filling in to different point~. Mr. Rossi pointed out that their main concern was whether they could fill in to where the canal would disappear. He questioned whether 25 ft. was sufficient. The members dis- cussed this. MINUTES PLANNING & ZONING BOARD PAGE THREE OCTOBER 28, 1975 Mr. DeShay stated that if the owner wanted to fill part of the canal to,make the building site larger, they needed the right to do this. He added that the lots are large and there is 25 ft. of canal on the subdivision which abuts this even though there is no easement. Mr. Rossi replied that he did not k~ow about the abutting property ~ne. He referred again to the possibility of having only a 25 ft. camal. Mr. Walker questioned the depth and M~. DeShay replied that he didn't ~ow. rCr. Bushnell asked if it was navigable now and Mr. DeShay replied: yes. ,Mr. Ryder referred to the aerial photo they had viewed and pointed out that none of the owners on the other side desired to encroach and he asked how old this existing development w~. Chairman Kelly ~uessed about four years old. Fr. DeShay added that if they filled in, it would lower the value of the properties. ~. Rossi asked if the road was draining into that section of the canal and Mr. DeShay replied~ yes. Mr. Rossi questioned how the drain~e from this road in the existing subdivision would be taken care of if the canal was filled in? Mr. DeShay replied that as he understood there was no existing easement on the Lake Eden Subdivision and asked if the City could get an easement from them? Mr. Rossi replied that he didn't kuow. He then asked why 25 ft. was chosen and i£ it was called a canal easement? They discussed further the drainage of this road, whether it was to be a .canal or drainage easement, and if it could be made larger. M~. DeShay informed the Board that they could go to a 30 ft. canal easement. Mr. Ryder suggested considering it as a drainage easement, as that is what the City is primarily concerned about. Col. Trauger pointed out that a canal must have water in it alltthe time, but a drainage easement could be &ry, Mr. Rossi referred to the pipe which comes into the canal and stated that it looked like from all indications, it seems like an open waterway is the best solutio~ to the problem rather than a swale or pipe in the back. ,Mrs. Nuckle questioned if this was the same body of water brought to the attention of the City Co~cil some time ago by the people from Lake Eden?. These people were very vocal about how stagnant and murky the water was. After discus- sion, it was assumed this was the same body of water. F~s. Huckle asked what was the least amount of property that has water on it and Mr. DeShay replied that it had a 69 ft. depth. Mr. B~h~ell added that the portion above water was still sufficient to build. Mrs. Huckle questioned the width and Mr. DeSh.ay informed her it was 94. ft. Mrs. Huckle ques- tioned if th~ property line extended into the water and Mr. Bushnell replied: yes. Mr. DeShay added that on this parti- cular lot, approximately 70 ft. was under water. The lots MINUTES PLANNING & ZONING BOARD PAGE FOUR OCTOBER 28, 1975 are actually 150 ft. deep, but vary as to how much water is on the lot. Mrs. Huckle clarified that it would have from 69 ft. to 150 ft. under water, which would contain a 25 ft. ease- ment. Mr. Bushnell statedtthe lot would be 95 by 125 ft. He added that he discussed this with Mm. DeShay p~eviously and feels the City should allow the i~viduals to fill up to a limit, but maintain the water. He doesn't Want the people to f~l they could fill and stop the drainage. Mrs. Huckle referred again to the possibility of the owners filling in to different points and Mr. DeShay replied that they couldn't fill in without a permit. Mrs. Huckle asked if there was ac=ase like this in existence in the City right now and Chairman Kelly replied that he did not know of any. Mr. Rossi agreed it was unusual with this private canal. Mr. Rossi pointed out that they made the connection to drain the street system and the City should get a drainage easement for the outfall. Mr. DeShay replied that they would still have 25 ft. for drainage. Mr. Rossi referred to the lots in Lake Eden having 25 ft. in the rear and added that he didn't know what the City could do to prevent these people from fill- ing in. Mr. Bushnell agreed and added that something should be done. Col. Trauger questioned if the City could get an easement on the other side and Mr. Bushnell replied that he doubted it now. Mr. Rossi pointed out that if they decided to close that off on the other side, they Would not have a positive outfall. Mr. DeShay ~uestioned what would stop the people now from filling in and Mr. Ryder replied that they must come to the City. Mr. DeSh~¥ pointed out that they did have control now then and would still have it in the future. Mr. Bushnell agreed that they must have a permit to fill, but he didn't know if the City could deny it. He added that ac- tually they were placing the burden of both sides on this applicant. Mr. Richard Spangle~ appeared before the Board advising them that he represented the owner. He asked if they wanted pipes extended into the ~anal? He pointed out that they were giv- ing 25 ft. He referred to the members discussing drainage of the street and they are talking about an easement. They will show that these pipes extend out to the 25 ft. limit. Mr. Rossi stated he was concerned with the drainage and they must maintain a positive outfall. Mr. Spangler continued that the whole point of this development was the enhancement of this canal. They will extend the exterior drainage out to the easement and this should solve the problem. Mrs. Huckle asked about the drainage from Lake Eden and Mr. Spangler replied that this didn't affect them. There is 25 ft. on the Lake Eden side. He thinks the homeowners will MINUTES PLANNING & ZONING BOARD PAGE FiVE OCTOBER 28, 1975 not fill in on the other side. Waterfront homes are desirable. It is mavigable for small bolts. Mr. Rossi pointed out that they could fill in to the rear of the lots and would leave the 25' ft. drainage easement on his lots. Mr. Spangler suggested a 30 ft. easement and added with the other 25 ft.~existing, it is beautiful and will carry through with their side. Mr. Bushnell stated that he felt 25 ft. was sufficient for the sole reason that people on the other side have not filled in. Mr. Rossi pointed out that they could and the City has a pipe draining inaand would find themselves without a positive out- fall. Mr. Spangler informed them that they would give 25 ft. and the size of the pipes was 115 in. Mr. Rossi asked what the invert elevation of these two pipes entering the water will be? Chairman Kelly asked the appEoximate width of the canal as it exists now? Mr. Spangler replied that this would be shown on the engineering drawings. Mr. DeSha~ stated that the City should have some control whether this could be filled in. ~. added that he didn't think natural drainage could be believes it is enforced by law. He pointed out again canal would be better for sales and he believes it will be filled in. Chairman Kelly asked what the width of the canal would be if everyone filled in up to the 25 ft. and Mr. Spangler replied it would be 50 ft. and a pretty good size for that short distance. M~. Rossi agreed that it would remain 50 ft. as long as nobody filled in. Mr. Spangler clarified that they were asking ~or 25 ft., but it didn't mean any of this would be filled in. Mr. Rossi stated he guessed in the final analy- sis to make sure they have control, it would be assumed when .a man comes in for a permit to fill in a lot and it appes~s it would endanger the drainage, that permit would not be granted. Mr. Bushnell agreed. N~. Rossi asked if they were willing to give 30 ft. and N~. Spangler agreed. Mr. Rossi questioned if they would extend the pipe into this and Mr. Spangler replied that possibly the engineering showed only going to the water line, but they will extend it in the event it is filled. They are going to develop and build on these lots. Chairman Kelly asked if hav- ing the pipe out to 30 ft. would be a hazard and Mr. Spangler agreed it possibly could be. ~e thinks it could be determined if and when the lots were filled in; a section of pipe could be added on. Mr. Bushnell added that they would ask for what- ever is necessary to protect the City's drainage system. Mrs. Huckle asked how many lots there were and ~. Spangler replied they had 40 with 20 on the canal. ~. Rossi moved that the Board recommend to the City Council that the final review of Lake View Haven Subdivision be ap- proved with the condition that a 30 ft. canal easement be MINUTES PLANNING & ZONiNG BOARD PAGE SIX OCTOBER 28, 1975 shown to the rear of the east tier of lots and that provi- sion shall be made for the extension of the drainage pipes of a design to the final section of the canal. Mr. Ryder seconded the motion. Under discussion, Col. Trauger ques- tioned if they still needed the stipulations from the previ- ous meeting an~ Mr. Rossi replied: no, the requirements will not be needed because as indicated, permits will be required and they will have control over filling. Motion carried 6-0. 2. Annexation of Cogen Property ~ Con~r~s~ & S. W.~rd Avenues Mr. Chuck Fronrath appeared before the Board and informed them that he represented the owner. He explained that they desired annexation of the property west of Congress with 120 acres on the northwest corner and 27 acres on the southwest corner. The north piece will back up to Quail Ridge. Prop- erty has already been donated to the County for 15th Avenue. This will be for single family residences, less than three ~uits per acre. They are requesti~gc-3 Commercial for a depth of 300 ft. along Congress Avenue across from Lindsley Lumber and the fire house. He explained that they would omit the corner though based on objections of residents in Golf- view Harbor previously. The remainder will be residential with homes in the price range of $39,000 to $49,000. It will not be an adult communitY. They are willing to donate to the City one acre of land for a water tower in the C-3 area. Mr. Bushnall clarified that they were requesting R-1 zoning for the residential. Mr. Rossi asked if there was a site plan prepared and Mr. Bushnell informed him there was a ten- tative one, but was not complete. Mr. Rossi asked if Mr. Smoot had reviewed this and Mr. Bushnell replied: no. Mr. Ryder remarked that they should have more information to study, such as a smaller scale of plans for each member to study. Mr. Bushnell explained that this was an annexation and not a subdivision proposal as yet. The subdivision pro- posal will come later. Ne believes his department could not ask for this, not knowing Whether it would be annexed. Mr. Ryder replied that he would like to see the general area in- volved and the request. Chairman Kelly referred to their past procedure of putting it in a holding area of R-1AAA until plans were presented. ~. Fronrath stated they wanted to know if the City was interested in annexation. The City Council showed interest and they now want~to know if the Planning & Zoning Board is interested. The members then viewed the survey aad Mr. Fronrath explained that the one area had been a muck pit for many years. There will be 50 acres of water. It will be a water oriented com- munity backed up to Quail Ridge. They want something the family people of Boynton Beach will buy. The south piece MINUTES PLANNING & ZONING BOARD PAGE SEVEN OCTOBER 28, 1975 will be 100% residential. The north piece will have the corner omitted and left status quo; they don't want any zoning on this corner. They are just asking for C-3 along Congress Avenue across from the fire station and Lindsley Lumber. They have donated the right-of-way for the County. tt will basically be a residential community with either a 50 acre lake or two 25 acre lakes. Mr. Rossi asked the density proposed and Mr. Fronrath re- plied less than three. Mr. Rossi clarified that R-1 zoning was roughly 60 x 100 ft. lots. Mrs. Huckle read the require- ments for the R-1 zone. She asked if he had any calculations of how many homesites there would be and Mr. Fronrath replied under 500. Mr. Ryder questioned the zoning on the other side of Congress and Mr. Fro~rath informed him there were apart- ments and it was temporarily zoned R-1AA. Mrs. Huckle then read the requirements for the C-3 zone. Mr. Ryder asked if they had a thoroughfare plan showing Congress Avenue a~d Mr. Bushnell replied that if it was annexed, they will ascertain that right-of-way will be given. ~. Rossi remarked that it should be part of the annexation and ~. Fronrath asked what he wanted. Mr. Rossi stated whatever the County requires and ~. Fronrath replied it would be no problem. Mr. Ryder questioned what was north of Weolbright Road and ~. Fronrath informed him it was C-3. Mr. Bushnell stated he was quite sure the taking af the right-of-way along Congress had been taken on that side. Mr. Rossi pointed out there was 60 ft. on the eas~ side of the centerline and there should also be 60 ft. on the west side. Mr. Rossi asked what the C~ity Council had asked this Board to do and Mrs. Huckle replied they were to make an appropriate zoning for thim parcel. She added that normally something like this comes in under a PUD application. The PUD gives them stronger controls and regulations. They must consider whether the City needs 500 homesites in R-1 zoning and how much more C-3 do they want. She thinks they must review it further. ~. Ryder pointed out that C-3 is compatible, is a buffer and Congress Avenue is heavily travelled. However, R-1 is questionable. Mr. Fronrath stated that he has lived in Boynton Beach for over 20 years and feels R-1 is good for the City~ He is speaking for Mr. Cogen. He is either going to come into the City of Boynton Beach or possibly he could get a higher den- sity outside the City. He wants to get along with the City and is donating the tower. If this is in the County, they will still have the problems of higher density in Boynton Beach. ~t is~lower density than Quail Ridge and Village of MINUTES PLANNING & ZONING BOARD PAGE EIGHT OCTOBER 28, 1975 Golf, but he doesn't think the City wants to go into that price range of homes· He thinks children will be brought in and they need families in Boynton Beach. Mr. Ryder stated he was concerned about the south tract directly fronting on Congress without any buffer. Is it advisable to have homes on a heavily travelled thoroughfare? The north tract will have the buffer. Chairman Kelly asked what kind of buffer he would like to see and Mr. Ryder re- plied that he just didn't think homes should be right on Congress Avenue. He added that he thought they should look at it from a long term standpoint as to how Congress was going to be developed. This was discussed by the members and then Chairman Kelly stated he thought this wo~d be good for that area and would uplift it. Col. Trauger referred to this long discussion regarding this annexation. They have engaged Mr. Smoot for this very type of consideration and he believes it quite appropriate for Mr. Smoot to review it. Chairman Kelly agreed and informed him that ~. Smoot was not present as he was not aware this was to be on the agenda tonight. The members agreed Smoot should review this before their next meeting on Nov. Colt Trauger moved to table the annexation of the Cogen proposal until the next regular meeting on~ November 12, so ~. Smoot can review this plan and submit his recommendations to the Board. Mr. Ryder seconded the motion. Under dis- cussion, Chairman Kelly stated he would ask Mr. Smoot to re- view this and request him to attend the next meeting. Motion carried 6-0. Col. Trauger questioned where the annexation regulations were and Chairman Kelly replied that he would clear this at 'the next meeting. Mrs. Huckle referred to the re-zoning mora- torium and questioned if this would come under it. Mr. Rossi replied that they have extended the re-zoning moratorium, but still have no procedures for getting re-zoning nor annexation. He thinks they should have a workshop meeting very soon to discuss these things. Col. Trauger agreed and added that he would hate to go into the first meeting without it. Chair- man Kelly stated he would check with Mr. Smoot and advise the members· NE~ ~ BUS tNESS Paul Wessen- Child Care Center (Additional Building on adjacent lot) 391 Miner Road Mr. Bushnell showed the plans and explained that it was a small one classroom day nursery. The only parking required MINUTES PLANNING & ZONING BOARD PAGE NiNE OCTOBER 28, 1975 is four spaces for the employees and the TRB has changed this into an arch driveway. Mr. Paul Wesson appeared before the Board and Mr. Bushnell discussed the parking changes with him, Mr. Wesson informed him that he planned to use access to the parking from his father's property next door. Mr. Bushnell pointed out that there was no room now for a car to get around. Mr. Wessen then informed the Board that it actually was not an additional building, but would be separate from the present nursery school. There is nothing existing on the property right now and there will be no connection with the lot next door. A pre-school exists on the lot next door and he plans to build an elementary school now. Mr. Bushnell asked if it would be done on a separate license and Mr. Wessen replied: yes. Mrs. Huckle questioned what he meant by elementary and Mr. Wessen explained it would be K through 4, as allowed by the health department. Mrs. Huckle remarked that actually it would be a private school then. Col. Trauger asked how many students would occupy the building and Mr. Wessen re- plied that the City allows 125 and the health department allows 70. Mrs. Huckle asked what the zoning was and Mr. Wessen informed her it was R-2. The members then viewed the plans. Mr. Rossi noted that no setbacks were shown and stated he believed the plot plan was incomplete. Mrs. Huckle checked the zoning regulations for R-2. Mr. Wesson informed him that the setback was 25 ft. and it is a 100 ft. lot. Mrs. Huckle stated she could not find private elementary schools listed in the zoning regulations. Mr. Wessen replied that everybody told him it was allowed and he should have been advised before spending enormous sums of money. Mrs. Huckle referred to the agenda stating it was a child care center. Chairman Kelly questioned the understanding of pre- school and Mrs. Huckle informed him it wasbbefore kindergar- ten, as kindergarten is part of the public school system. Mr. Rossi asked who told him it would be acceptable and Mr. Wessen replied the fire department, health department and building department. Mr. Bushnell stated it was presented to his de- partment as a pre-school. Mr. Wessen informed them that the health department allowed up to fourth grade. ~s. Huckle stated it could possibly be an oversight if it was not listed in the regulations. She added that most of the private Schools come~ under churches and accessories. Mr. Wesson informed them that this was proposed in response to a large demand from the parents he serves now to continue what he has there now. He explained further. Mrs. Huckle stated that they thought they were covered under City owned and operated and churches. MINUTES ~LANN!NG & ZONING BOARD RAGE TEN OCTOBER 28, 1975 ~. B~shnell asked if he had made application for this addi- tional license and Mr. Wesson replied that he had not. Mrs. Huckle added that he would have found this out if he had a? plied. Mr. Bushnell stated he was not aware of this until tonight. He suggested tabling this matter until the request for the license comes through from the City ~lerk's office to the Building Department and they can investigate this first. ~. Wessen replied it was foolish for him to apply for the license if he couldn't get the building. Now, he will have to lose two more weeks. Chairman Kelly advised him that he would probably have a better chance i£ it was investigated first. Mr. B~shnell added that it was necessary they inves- tigate the permissable use first. Mrs. Huckle again read the regulations. Mrs. Huckle moved that this item on the agenda, application for private school K through 4th grades, applicant - Paul Wesson, be tabled and refer Mr. Wesson to the City Clerk for an application for a license from the City for this pri- vate school. She extended it to include that the Board in- vestigate the zoning possibilities for a private school in their new code, as they do not seem to have an existing cate- gory. Col. Trauger seconded the motion. Motion carried 6-0. Chairman Kelly stated that he and Mr. Buskuell could discuss this with Mr. Smoot. Mr. Rossi stated that since it wasn't in the code, he didn't think they could approve it. Mr. Bushnell added that he thought it may be turned down for a license, since there is no provision. Mrs. Huckle stated possibly an amendment to the code could be made, but would require public hearings, etc. They must make a very thorough search to see if there is something in the code that would cover this school and if not, the next step would probably be to pass an amendment to include this category. The mem- bers discussed the actual schools included in the code fur- ther. Leisureville Administration Building Addition 1820 West Ocean Avenue Mr. Bushnell showed the plans and explained that it was a very small addition to the administration building. Col. Trauger questioned how large and Mr. Bushnell informed him it w~ only 10 ft. Col. Trauger asked how big the current building was and Mr. Bushnell informed him that it was about 40 x 50 ft. F~. Ryder pointed out that the addition would bring it right out to the parking lot and Mrs. Huckle stated there was grass there now. Mr. Ryder pointed out that it showed a flat roof, which will make it look like an appendage. He added that they need the room, but do~'t think they will get much out of this. MINUTES PI~NNING & ZONING BOARD PAGE ELEVEN OCTOBER 28~ 1975 Col. Trauger made a motion to recommend to the City Council the approval of the Leisureville Administration Building addition at 1820 West Ocean Avenue. Mr.. Rossi seconded the motion. Under discussion, Mr. Ryder informed them that right now, Leisureville has an outbreak of all kinds of appendages on buildings on the part of the owners. They require that owners must get a permit from the condomiumhoard, but they can get a City permit without doing this. They have many 5 ft. setbacks there with being a PUD. He doesn't think this additio~will look very good. Mr. Bush~ell~informed him that the City Attorney made the ruling that the City cannot enforce deed restrictions. Mr. Ryder replied that they cannot accept this and must take action against the builder. Where you have setbacks like 5 ft., why does the Building Department allow it to go outside thebuilding perimeter? Mr. Bushnell replied that this was not before this Board. Mr- Ryder re- plied that some of the residents were unhappy and they live there and it won't enhance their homes. Mrs. Huckle questioned the vital necessity of this addition and Mr. Ryder replied that they need room, but this is not adequate. All the centers look alike, but why add on this lean-to and spoil the appearance of the building? In the finad analysis, they will still have to get more room. Mr. Rossi referred to the pointbeing made is that they don't agree with the aesthetics and this is not CmOvered by this Board. Mrs. Huckle asked if this was sub.mitted to the agenda by the Board ofDirectors of Leisureville and Mr. Bushnell informed her it was brought to the Building Department by the contractor. Since it is not residential, it must go through all the Boards. Mrs. Huckle asked how they knew the Leisure- ville residents wanted this and Mr. Ryder replied that they didn,t ~ow. Chairman Ke asked who asked the contractor to build this addition~ Mr. Zimmerma~ informed him that the manager recommended this addition, to the Board of Direc- tors and the Board o~ DirectOrs voted for it, but not un~ui- mously, and they Kelly clarified majority. Mr. Ryder remarked that he thought it would look horrible. Motion carried 5-I, with Mr. Ryder voting against. Chairman Kelly declared a five minute recess at 9:35 P. M. He called the meeting back to order to 9:40 P. M. 3. Dr. H. M. Jacobs Office (Conversion of residence to offices) ~5 N. W. 2~d Avenue Mr. Bushnell informed the Board that Mr. Ward Cummings was remodelling this home to be a dental office. The members discussed the location. Mr. Cummings explained the pla~ and MINUTES PLYING & ZONING BOARD PAGE T~ELVE OCTOBER 28, t 975 pointed out there would be no outside alterations, but were all within the building. Mrs. Huckle asked how many dentists would be in thisooffice and Mr. Cummings informed her it would be one with three chairs. Mr. Rossi questioned the parking requirements and ~. Bushnell read the regulations from Page 45, Section ll-K, requiring six spaces for each dentist or doctor. M~s. Huckle questioned the minimum lot frontage and ~. Rossi noted that it looked like 128 ft. plus and the depth is 400 ft. on one side and a little less on the other. i~s. Huckle asked if the setbacks were shown and Mr. Cummings replied that it was quite deep, but he had not measured this. Mr. Rossi remarked that they should request a survey and Mrs. Huckle agreed, so met the code. Mr. Cummings informed for the engineers to get a survey now, which was requested by the T.R.B. ~. Rossi added that it should be a building location survey. Mrs. Huckle added that it should also l~de the side, rear and parking lot setbacks. The members the approxi- mate setbacks shown.~ Mr. Bushnell informed them that if it didn't comply, it would go before the Bo~d of Adjustment. Mrs. Huckle questioned if the area and Mr. Cummings replied Bmshnell informe~d them that the did not have anything to do with se only the st~ Mr. Cummings re- ferred to this ng an existing building and questioned if it would have to meet the setbacks and Mr. Bushnell replied~ y~s. Col. Trauger made a motion to recommend to the City Council the final site plan review for Dr. H. M. Jacobs Office, 715 N. W. 2nd Avenue, subject to the review of the building loca- tion survey as it conforms to the front setback requirements of the code. Mrs. Huckle seconded the motion. Motion car- ried 6-0. Mr. Rossi stated that with an addition like this, it should be mandatory that a survey is submitted. Mr. Bushnell in- formed him that it has been requested. ~s. Huckle added that it should not come to this Board until it is submitted. 4. Joseph Tufo (Building Addition) 812-818 North~ederal Highway Mr. Richard Caldwell appeared before the Board and stated he was representing Mr. Tufo, since he is out of town this week. He added that he is Mr. Tufo's son-in-law and the manager of the present restaurant. Chairman Kelly referred to Mr. Smoot's recommendation that 30 to 40 parking spaces would be acceptable. Mr. Caldwell inform~ed him that their architect, Mr. A1 Black, reached the maximum of 30 parking spaces taking into consideration MINUTES PLAh~IN~ & ZONINH BOARD PAGE THIRTEEN OCTOBER 28, 1975 the easement, land size, possible future development, etc. He called Chairman Kelly last week advising him of this and they are wondering possibly if the Board would reconsider the parking spaces at 30. They have only eliminated 4 parking spaces as recommended, by M~. Smoot. They are anxious to get things underway and do realize the parking is important. They are very anxious to stay in business in view of their new competition in town. They are anxious to start the build- ing of this. They have money invested and want to get it completed, before the tourist season begins the week after Christmas. They would like to take advantage of the incom- ing tourists. He would like the Board to consider all the aspects of the plan. Chairman Kelly then asked for Mr. Bushnell's comments from the Bui~ De . Mr.. Bushnell referred to the prime consi, the parking at the previous meeting. The plan was withdrawn and re-done in accordance with the recom- mendation of Mr. Smoot requiring34 spaces. Col. Trauger stated that 34 was the best guidance the Board had and they accepted it since it seemed logical in view of all the argu- ments received previously. He referred to them having 30 now and questioned if 34 would fit? Mr. Caldwell replied that they wouldn't fit at this particular time according to the overall land use plan.. They have future plans for the of this extra land. The land is in C-4 zoning. They t think it would serve the best interest of the c~ ty to turn the entire area into one large parking lot. He explained the parking arrangements on the plan. Mr. Rossi referred to the previous plan showing certain park- ing which would not work and Mr. Bushnell informed him at these had been corrected, including the turn-outs at thee corner. M~. Rossi noted that additional parking was shown at the south. Mr. Caldwell continued with explaining the plan and showed the existing building and plans to add an amusement center and slit-in restaurant. They will tie everything all in. They will update the appearance and make a more unified front. He explained the traffic pattern in the parking area. Mr. Rossi noted there was no indication that the C.A.B. reviewed this latest plan and pointed out there were two different site plans. Mr. Caldwell stated that everything was identical except for the additional parking and Mr. Rossi disagreed. Mr. Ryder agreed that the final picture was not shown. FLr. Caldwell stated that the area to which Mr. Rossi referred was a City ~asement and had a motel lo- cated on it. He added that they were trying to be logical about this and as far as the planting in the rear, nobody MINUTES PLANNING &ZONING BOARD PAGE FOURTEEN OCTOBER 28, 1975 can see it. Mr. Rossi replied that this wasn't the point. Mrs. Buckle clarified that the arrangement of parking spaces had changed and Mr. Caldwell agreed. Mrs. Huckle added that also the circulation of traffic had changed. Mr. Rossi pointed out that the green areas were not shown on the new plan. Mrs. Huckle noted that the T.R.B. had reviewed the plans twice. The procedure of reviewing plans by the Boards was discussed and Mr. Rossi stated this was an improper appli- cation as it is incomplete with not having the final plan reviewed by the C.A.B.. Mr. Caldwell referred to the parking and stated they would like to know if they have to make other arrangements. What other things must be considered by the Planning & Zoning Board? They have been working on this for three months. Please understand their position, they are trying to meet rather stiff competition here in town. Chairman Kelly ad- vised him that it was an improper application at this point. Chairman Kelly questioned whether they could consider Mr. C$~dwell,s request and cover the other aspects? ~s. Huckle replied that she thought they should ask questions and re- solve it some. ~. Rossi referred to the parking spaces being 30 instead of 34 and advised they were acting on the suggestion of Mr. Smoot for 34. Mr. Rossi continued that the cut-off was still shown even though it was requested to be eliminated. Mr, Caldwell replied that this may have been an oversight. Mr.;Rossi stated there was still the question of whether it met the CoA. B.'s requirements, since they de- with the overlay parking they were trying ~o show the Board where, how and what r of the parking problems would be solved. Mr. Rossi and Mr. Caldwell discussed how the addition of green space eliminated parking spaces. Mr. Rossi stated again that he looked at the two plans and they are different. Mr. Caldwell asked if it met the parking ~ualifications and if the construction was acceptable? If they know yes or no, they can proceed with as much efficiency as possible. I£ it means drawing up the front to meet plans approved by the C.A.B., it is really academic. He is trying to find out if the number of parking spaces is acceptable. Col. Trauger replied that no objections had been expressed about the building design or construction. ~Ms. Huckle questioned the rear setback and Mr. Caldwell replied that he didn't know. Mrs. Huckle pointed out that it abuts a R-lA residential zone and ~. Caldwell informed her there was a 20 ft. alley between the property. ~Ms. Huckle read the requirements from the code. Mr. Rossi noted MINUTES ~A~ING & ZONING BOARD PAGE FIFTEEN OCTOBER 28, 1975 there was a 20 ft. alley and it looked like about t5 ft. for the rear setback. Mrs. Huckle asked if there were two lots and Mr. Caldwell replied that they actually had six lots. Mrs. Huckle asked if the depth was over 100 ft. and Mr. Caldwell informed her the minimum was 105.25 ft. Mr. Caldwell submitted a survey for the members' consideration. Mr. Rossi noted they didn't have a survey of the building and added that there werestill a lot of differences between the plan approved by the C.A.B. and the one submitted now. Mrs. Huckle moved that this request for the Joseph Tufo Build- ing Addition at 812-818 North ~ederal Highway be tabled until the plans~are referred back to the C.A~.B., as it is apparent they have not seen the most recent site plan,and be re-sub- mitted to this Board after their final dispensation. Mr. Ryder seconded the motion. Motion carried 6-0. Mr. Bushnell asked if ~o Tufo could assume from tonight's action that the nmmber of parking spaces was approved and Mrs. Huckle replied: no, he has to take care of it. Mr. Caldwell questioned if this meant to increase it to 34 and Mr. Rossi replied that he thought it was premature whether 30 was satisfactory because they don't know how many will be lost with the C.AoB.'s review. Col. Trauger referred to there being some question of the calculation of the 34 spaces and Chairman Kelly informed him that 30 was the mini- mum expressed. Mrs. Huckle asked if the T.R.B~ had any input as far as the parking spaces and Me. Bushnell replied that they felt it was satisfactory. He added that he had also talked to Chairman Kelly about this. Mrs. Huckle remarked that in the absence of ~. Smoot, it was hard to decide. Chairman Nelly referred to the last meeting when they cal- culated the 34 parking spaces and questioned whether the southern Part was included then and Mr. Caldwell replied: no, they have added that land. Mr. Caldwell asked if the C.A.B. approved the greenery and planting, would the plans be ready to go before the City Council and N~. Rossi informed him that they must come back before this Board. Mr. Caldwell asked what would be reconsidered and Chairman Kelly replied that they have checked the side and rear setbacks, so would not have to go over that again. The T.R.B. has had it twice. Now it seems what has to be determined by this Board when it comes back~ assuming the C~A.B. approves the latest plan, is the 30 parking spaces. Mr. Caldwell asked if the Board would grant 30 parking spaces and Col~ Trauger replied that they have not decided whether 30 is correct. Mr. Caldwell asked if everything could be approved, except the parking spaces and be submitted to the City Council for the final say? Chairman Kelly replied that they could do this. He added even if they did say 34, the City Council could change it to 30.~ This Board is just a recommending MINUTES PLANNING & ZONING BO~D ~PHGE SIXTEEN OCTOBER 28, 1975 Board. Mro Rossi suggested that Mr. Bushnell meet with Mr. Smoot to take another look at this and Mr. BuShnell replied that Mr. Smoot stated 30 to 40. Col. Trauger added that he wo~ud up with 34. Mrs. Huckle questioned how they arrived at 34 parking spaces and, ~k~. Bushnell expla~_~ed with using the square footage per person. Mr. Caldwell summarized that the only thing holding up these plans is that they must show more greenery and they do have additional greenery on the second plan, which is not shown on the fir~st. Mr. Rossi stated that when it goes back to the C.AoB., he doesn't want that Board to think the parking must be done and not the greenery. The critical thing is parking. Mr. Caldwell pointed out that they could put greenery all the way across and added that the architect drawing the plans is a member of the C.A.B. Mrs. Huckle informed him that when it came before this Board again, they would vote on it. Mr. Bushnell questioned if they would pass it with 30 parking spaces and Chairman Kelly replied it would be considered at the next meeting on NovemBer 12. 5. Gulfstream Mall Shopping Center 3609 South Federal...Highway The members discussed the location. Mr. Robert R. Kipp appeared before the Board and explained the plans. He added that they have leases with Winn-Dixie, United Federal and Eckerd's. He stated they have received the money and are ready to start building. He also explained that the free standing restaurant was not included at this time. Mrs. Huckle asked how many stores there would be and Mr. Kipp replied: 30. Mrs. Huckle asked if the parking was adequate and Mr. Kipp informed her that they have more than required and Mrs. Huckle noted ~hat 330 were required and 4~ were shown. The members then discussed the traffic inthis area. Mr. Kipp explained how this would be taken care of. He advised them that a curb cut permit had been obtain~. They also have gotten drainage and railroad permits. They have a letter from the City ~anager giving permission to hook into the sewer. They have the complete recommendation from the City Engineer, Russell & Axon. The Director of Utilities reviewed this also. He submitted all these approvals in a folder to the Board. Mr. Rossi asked ~f the ultimate right-of-way met requirements and ~o Kipp replied: yes. If required at any time, they will put a turn-out from Gulfstream Blvd. He added that they have met all building setbacks and in case Old Dixie is ~ldened, the buildings will be back far enough. Mr. Rossi MINUTF~ PLANNING & ZONING BOARD PAGE SEVENTEEN OCTOBER 28, 1975 referred to this generating a lot of traffic and asked when turning lanes would be put in ~ud Mr. Kipp replied they would be installed at the request of the County. The members and Mr. Kipp discussed the generation of traffic further and also the drainage and elevation. Mr. Walker made a motion to recommend approval of the plans for the Gulfstream Mall Shopping Center, 3609 South Federal Highway, to the City Council. Mrs. Huckle seconded the motion. Motion carried 6-0. Carl R. Smoot (Antennas, excess of 25' height) 2151N. E. First Lane Mr. Bushnell requested that this be tabled and Chairman Kelly recommended deleting it from the agenda and the members agreed~ 7. Sea Mist Marina (Enclosing part of front porch) Mr. Bushnell explained that the second floor porch extends over the entranceway and they wish to enclose it and make more office space. This building is non-conforming, as are all the buildings on Casa Loma. The plans were reviewed by the C.A.B. and ~J~ey were supposed to go before the Board of Adjustment the same night, but did not. He requested that this be removed from the agenda. Chairman Kelly announced they would delete it and the members agreed. ADJOURNMENT Col. Trauger moved to adjourn, seconded by Mr. Ryder. Motion carried 6-0 and the meeting was properly adjourned at 11~18 P. M. Regular Planning and Zoning Meeting Time. · Date ' P1 ace ' 7:30 P.M. October 28, 1975 Council Chambers, City Hall 2. 3. Announcements: 4. CommuniCations: 5. 01d business: Acknc~ledgement of members and visitors. Reading and approving of minutes. 1. LAKE VIEW HAVEN SUBDIVISION - Final Review e New business: 1. Paul Wessen - Child Care Center (Additional Building on adjacent lot) 391 Miner Road. e Leisureville Administration Building Addition 1820 West Ocean Avenue. e Dr. H. M. Jacobs Office (Conversion of residence to offices) 715 N. W; 2nd Avenue. 4. Joseph Tufo (Building Addition) 812-81~ North Federal Hwy. 5. Gulfstream Mall Shopping Center 3609 South Federal Hwy. 6. 1 . S ( as ss 2 ' ight) e. .