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Minutes 05-27-75MINUTES OF ThY REGULAR '~ETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL ~ BOYNTON BEACH, FLORIDA, TU-ESDAY, MAY 27, 1975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Mrs. Vicki Castello ~s. Marilyn Huckle Enrico Rossi Oris Walker Jack Barrett, Bldg. Official 'Warren Bushnell, Deputy Bldgo Official ABSENT Col. Walter M. Tr~uger, Vice Chman. Chairman Kelly welcomed the ladies and gentlemen present to the second regular meeting of the Planning & Zoning Board for the month of May and called the meeting to order at 7:42 P.M. He introduced the members of the Board, City Building Official and acting City Planner, Deputy Building Official, and Record- ing Secretary. PUBLIC HEARING Chairman Kelly called the public hearing to order at 7:44 P.M. He announced this application was tabled previously because of the absence of the applicant and a copy of the application. He then read the following notice: Parcel #1 - Lot 32, Block 17 Rolling Green Ridge 1st Recorded in Plat Book 24, Page 224 Palm Beach County Records Address - 170 N. E. 27th Court Applicant - Ann L. Siarto Request - Conditional Use to allow Child Care Center Chairman Kelly stated they would first like to hear from the applicant. M~s. Huckle asked if the people present at the last meeting opposed to this application were notified of this hearing tonight? M~. Walker replied that all the people within 300 feet were notified. Mrs. Huckle stated that Chair- man Kelly assured Mr. Paul Wessen and Mr. Julian Patrick that they would be notified, t~r. Barrett suggested calling these men~ since they made a ~pecific request. Chairman Yeliy declared a recess at 7:45 P.M.~ so he could call ~. Patrick and Mr. ~essen. Chairman Kelly called the meeting back to order at 7:53 P. M. MINUTES _PLANNING & ZONING BOARD PAGE TWO MAY 27, 1975 Chairman Kelly announced that Mr. Patrick walked in the door when he was talking to M~s. Patrick on the phone. Mr, Patrick advised him that Mr. Wessen and he were notified of this meet- ing. He announced they would c'ontinue where they left off and re- quested anyone in favor of this application to come forward. ~@s. Ann L. Sis~to stated her nmme and her address as t70 N. E. 27th Court. She informed the Board that she would like very much to put a nursery school on this ~iece of property. She has the required space for 22 children. There is a defi- nite need for a nursery school there. Children run wild in this area. The school, people in Rolling Green, and other nurseries have tried to take care of this, but haven't. She has worked with children all her life. it is definitely needed in this area. Chairman Kelly then requested anyone in opposition to this application to come forward. Mr. Julian Patrick stated his n~me and his address as 2585 S. W. 1Otb Street. He informed the Board that he was repre- sentlr~both ~. Wessen and himself. He owns Boynton Academy Nursery School located at t00 N. W. 19th Avenue and Mr. Wessen is the owner of Storybook School on Miner Road. He also re- presents Roiling Green Ridge Associates, the developer of this area. This location is for a single family residence. There are single family residences both adjacent and to the rear of this property. It is also his understanding this would fall under a home occupation and would be limited to 250 squ~re feet for the occupation. This would be in direct conflict with the requirements for child care centers requiring two people on the premises at all times. That property is not zoned for a commercial enterprise and a child care center definitely is a commercial enterprise. Operators p~v commercial rates for water, telephone, etc. A child care center, in his opinion~ should her be classified as a home occupation. Also, he and ~. Wessen gave testimony at the last meeting that there is no n~ed with the two schools in this immediate ~s_~ea both hav- ing vacancies. On the basis of these facts, they request that this application be denied. Chairman Kelly announced four letters had been received ex- pressing opposition to this application. He then ascertained that each member had a copy of the application, which they did not have at the previous meeting. ~s. Huckle suggested that the letters be read and Chairman Kelly read the following: A letter from Mr. & Mrs. Clyde Crambiet, 201N. E. 27th Co~t stated in response to the request of Ann L. Siarto, they most stranuousty object. This street is an i~-between street with no parking for cars and houses too close. MINUTES ~A~iNG & ZONING BOARD PAGE THeE ~Y 27, 1975 A letter from MX. & Mrs. Xeil, 201N. E. 27th Ave. stating they object to a child care center, as they cannot take the noise. & note o~ the notice from i~Lr. & ~s. Frank Parker, 171N. E. 27th Avenue, stated they did not want it. A letter from R. N. Field Associates stating since this location is in a single family residential area, they do not feel it should be allowed. Mss. Huckle noted there was no information regarding the li- cense by Palm Beach County and questioned if Mrs. Siarto had applied to them? Mrs. Siarto informed her that she has all their specifications, but there was no use in applying until it was approved. Mrs. Huckle asked if she could meet the specifications and Mrs. Siarto replied: yes, she just needs one more bathroom and a fence. She added that her family will not live in this house. It will strictly be for a nursery school. The house will be according to the requirements of the Board of Health. The back yard space allows 25 children. The building itself has 1,056 square feet and one child is allowed for every 40 square feet. This is the actual area without the bath and kitchen. There are two parking areas in the driveway and two in front, allowing four cars to park. She showed the sketch of what was planned. Mr. Walker asked if she was requested to submit the sketch with the application and Mrs. Siarto replied: no, she was just told to bring it with her this evening. She gave copies of the sketch to the members. ~. Rossi referred to the criteria being mentioned, but stated he would like to hear her comments in rebuttal to Mr. Patrick's comments. Mrs. Siarto stated that this was his living and she was going to infringe on his living. The neighbors opposing are older retired people, but young couples are in favor of it. She added that out of nine neighbors, actually only three stated they would oppose. Mr. Walker questioned which were favorable and Mrs. Siarto replied the neighbors on both sides. Mr. Rossi stated if he were an applica~2 for this kind of use, he would think he would try to get people in favor to speak on his behal~ or have documentation. I~s. Siarto re~lied that she thought these people would be in favor of i% and was surprised to hear of their written letters. She added that ~. & M~'s. Keil did not border her property. Upon checking the map, ~. Walker agreed they lived a good way from her, but were within the radius. He asked if the neigh- bors on each side, ~ent and Althouse, were in favor and M~s. Siarto replied: yes. Mms. Huckle referred to the previous meeting and the refer- ence being made to deed restrictions limiting this to single family residences. She asked if Mrs. Siarto was aware of this MINU~S PLAh~q'ING & ZONING PAGE FOUR ML&¥ 2 7, 1 9 7 5 and M~s. Sismto replied: no. ~s. Huck!e added that this didn't apply to this Board. Mr. Rossi added that if this Board voted favorably to this request, she would still have the legal obstacle with the deed restriction. ~'~s. Siarto replied that she did not realize this. Mr. Patrick stated that it was restricted to single family residences on deed covenants. Mm. Barrett added that the City could not be regu- lated by d~ed restrictions, but it is between the developer and applicant. Mr. Patrick stated it was a matter of court action. If she opens a school there ~ud if ~yone withia Rolling Green Ridge First Addition wanted to take this to court, they could. Mrs. Castet!o referred to this being mentioned as a home occupation and pointed out that she would not be living there. Mr. Barrett stated that home occupation and condi- tiona!uses are defined in the regu!atio~s. Conditional uses are allowed in a residential area. A home occupation is something housed in a home. Mrs. Castetlo stated that this was not a home occupation then. ~r. Patrick stated it was debatable. He added that it would be a zoning cha~uge. ~. Barrett clarified that it was not a zoning change~ but a conditional use. ~s. Huck!e referred to the stipulation of there being a need for it. Mrs. Siarto told about several young children in the neighborhood and their mothers expressing their desire to send their children to her as the other nursery schools are understaffed and overcrowded. Chairman Kelly suggested that she get this in writing from these mothers. Mr. Barrett stated this could be presented to the City Council at their public hearing. Mrs. Castello pointed out that the parents may have expressed this, but their children are still attend- i. ng other schools. She doesn't believe the parents would come forward, since their children attend the other schools, in case this application is turned down. ~. Walker stated he thought she should be able to get a few. This would show there was a need. At the previous meeting, it was stated there was no need because of ~acancies at the other schools. ~. Rossi referred to 'the opposition indicating vacancies and stated he didn't see any documentation stating a real need for this neighborhmood. ~s. Siarto informed him that there were a lot of mothers who could not afford the other nurseries and would like to work, but are unable to work. ~s. Huck~e read the code referring to conditional use for a nursery school under R-].zoning. Chairman Kelly re-read the building site regulatior~ for nursery schools and kinder- gartens stating they shall have minimum lot areas to provide t00 square feet of play area per child in a fenced area. He pointed out that 100 square feet would be 2500 square feet MINUTES PZLANNiNG & ZONING BOARD PAGE ~Y 27, 1975 in the play area, which she has. He continued that subject lots shall not have less then 7,500 square feet. Mr. Rossi pointed out that she did not comply, since she has only 6,180 square feet. She is shy about 1,320 square feet. M~Walker made a motion to recommend that the request for condition~l use for a child care center by Ann L. Siarto be denied, because the lot area of the property does not meet the present requirements of the 62-9 Code. M~s. Huckle seconded the motion. Motion carried 5-0. Mr. Patrick referred to the new code and asked if some changes were made in regards to nursery schools and Mr. Barrett in- formed him that it was changed to R-2 for nursery schools. C OMMUN ICAT I 0NS Chairman Kelly read the following lettersdated M~¥ 16, 1975, addressed to The Hon. David F. Roberts, Mayor, from John I. Rogers, 714 Hillcrest Road, Boynton Beach. "I am writing to express n~ disappointment in the recent actions of the City Council with regard to the new Zoning Map and Ordinance. It is very apparent that the council does not have either trust or confidence in the recommendations of the Planning amd Zoning Board. After many workshop sessions over a rather long period of time, after hearing from'the public, both in public hearings and in workshop meetings, and after considerable dis- cussion on the part of the board, the map and ordinance was reco~ended to council. In their great wisdom, many changes were made instantaneously without consideration for any rea- soning by the board, in m~v opinion, the council, after hear- ing from 'the public, should have deferred any decisions until they learned the reasoning behind the board's recommendations. This would have given them a much broader basis for makdng am intelligent decision. ~Instant Zoning~' is seldom wise. I now feel that the appointed boards of the city have no real impact upon the actions of council and serve no real pur- pose except as a compliance with the charter. For these rea- sons, I feel that my time can be better spent and hereby sub- mit my resignation from the Planning and Zoning Board of the City of Boynton Beach effective this date." Chairman Kelly stated he was sorry he had to read this, as he would like to have had John stay with them as he was a great help. Mr. Rossi added that he thinks the Board lost a good man. He made a considerable contribution to the Board. it is a sad thing that he has decided not to serve on the Board for his own reasons. Having served with him for just PLANNING & ZONING BO~D RAGE S~ MAY aT, 1975 a few months, Jot~nhas certainly made one great contribution towards the final product. Chairman Kelly agreed. He added that he understood that Mayor Roberts was going to write to John. He has 'not heard further, but did want to read this to the members. Mi~JTES The minutes of the regular meeting of May I3, 1975 were read. Y~s. Huckle referred to Page 2, middle of page, bottom of first paragraph, where she stated in view of the £~ct there was a petition, it should read: in view of the fact there no doubt was a petition (insert "no doubt~"). ~. ~alker made a motion to adopt the minutes as corrected, seconded by ~. Rossi. Motion carried 4-0, with Mrs. Castello abstaining since she was not present at this meeting. The minutes of the special meeting of May 15, 1975 were read. ~s. Castello made a motion to accept the ~inutes as written, seconded by ~. Walker° Motion carried 4-0, with ~s. Huck~e abstaining since she was mot present at this meeting. CO!hMESPONDENCE Chairman Kelly suggested that the agendas have an addition after ~'Reading of the Minutes~ and insert ~'~eading of Corres- pondence~. He stated he would like to read a letter received from Broward Banks dated May 21~ 1975, stating: ~We presently have before your Board an application for a building permit for drive-in units. In this connection, we ask this commitment letter be made part of the application. When, in the opinion of the City Council, Planning & Zoning Board., or Police Department, it is deemed necessary to in- stall traffic signalizations at the corner of S.E. 18th and Federal, we will shs~e in the cost of this project on a pro- rated basis.~ Mr. Walker asked if when they each had copies of the letters, was it necessary to include correspondence on the agenda? Chairman Kelly replied that sometimes letters arrive the day of the meeting and it isn't possible to get copies. Mr. Barrett stated if they had correspondence prior to publish- ing the agenda, he would gladly list it on the agenda. BUS INESS Broward Bank Teller Windows 1905 South Federal Highway PLANNING & ZONING BO.~RD PAGE SEVEN ~ v 1 ~5 ~ 27, ~. George McGee stated his name and that he represented Broward Banjo. He requested that they accept this letter as part of the requirements and added that 'there were two pro- blems, this and the traffic impact study. Mr. Bushnell in- formed the Board that an engineer, who has been retained by the bank, called him last week and is in the process of making this traffic impact study. ~. McGee corrected him stating they just inquired of this firm, but have not retained anyone to make this study. ~. Rossi stated he thought the motion was quite clear. The questions were raised in connection with the drive-in tellers in regards to the proposed facility. He could see no provision for rights-of-way, left turn lanes, or width of road to accommodate the increased traffic. He made a motion that the application be accompanied with a traffic impact study which would include reicommendations by a traffic eagineer. He asked if this lette.r was to be part of the solution? Mr. McGee replied that they understood there were two requirements. One was they would share in the cost of the signalizations when it was put in and this letter agrees to that. The other pa~t was a traffic impact survey. Right now, they are only going to put in three operating imues. They are going to extend 18th Avenue to encompass the area they are going to use and he explained. It will be a long time before they generate a great deal more traffic th~n is normally gen- erated by a small bank, which is nom~nat for two to five years. This traffic impact study will cost $2,500 and this is a lot of money for a small bank to put out when sts~tingo The day may come when they will do an impact study. They feel they would want traffic lights in there before the City, Police Department, etc. would, as they don't want to be jammed up and want to keep traffic flowing steady. They feel to do the traffic impact study now, they would come up with a lot of figures which really wouldn't tell them much now. Maybe in five, ten or fifteen years from now, they may need certain things. At that time, they would do it prior to being asked by the Police Department or City. Chairman Eelly referred to other banks along Federal and hav- ing not required them to install sign~lizations. He thinks he would favor this application with this letter. He then asked about the floor clarification request and Mr. Barrett informed him this was nos clarified on the plan. Huckle referred to these other ba~ks and not having this requirementsand pointed out that they had other entrances and exits on side streets. Congestion would not be caused, but it would with egress and ingress on the same spot. Mr. McGee informed her that they would have a right-of-way at the south end of the property and would have traffic flow going around the bs~k. They will have two traffic flows. M~s. Huckle asked if the main bank would be located on the 'west or east side and Mr, McGee replied on the west side. MINUTES PLANNING & ZONING BOARD PAGE EIGHT MAY 27, t975 He continued that the board believed this would be best to service both sidesof the highway. The bank will be in front o~ the drive-ins, but will sit back well off Federal and more or less in the middle of the property. There is nothing planned on the east sidee~here they are presently. Chairman Kelly referred to the previous minutes and ~. Barrett's statement of ~8th Avenue being a dead end street. He asked if they were going to pave the additional part of 18th to reach the drive-in, and Mr. McGee replied: yes, they have agreed to do this as required by Mr. Barrett. Rossi stated they also requested a turn-around and i~. Barrett informed him this was now provided and shown on the revised plans. Mr. Rossi referred back to the traffic impact study and ques- tioned that they didn't want to do this now because of cost and ~m. McGee replied: yes. Mr. Rossi referred to pro-rated share and questioned if they meant other 'uses coming out on 18th and Mr. McGee replied: yes, they believe other businesses would be able to share according to who is creating the most traffic. ~Lr. Rossi added he had hoped the traffic imoact study would bring out whether left turn lanes were needed or not. In a traffic impact study, they also give recommenda- tions for additional lanes. The only time they would be in a position to make a determination to know if this road has ample capacity to handle this would be at a future application, if they come to extend the !acm!mty. [~. Barrett sta~ed that when the permanent bank goes in, he thinks they would be will- ing to 'provide a traffic impact study for the whole facility. Mr. Rossi asked if they had any idea of traffic projection per day, hour, etc. and ~. McGee replied that they had not done any- projections on that. They had an economical survey done in ~973 and the pace has not keot up since then. The hourly or daily flow would be a hard-thing to estimate at 'this time. They have a very small amount of drive-in traffic. They only have one drive-in behind the trailer at this time. They only serve approximately ~5 to 20 cars per day now. Mr. Rossi stated that since they lack the kmowledge of what to set up tohhandle traffic at this time, he supposes the bamkwould be willing when extending to evaluate the traffic closer. Mr. McGee replied he 'was sure they would want to take a closer look at it. He is not just talking about stop and go lights. They would have to have it so people going north were able to turn in there. They are no~ fortunate with having the lights at 15th and 23rd. Mr. Rossi stated he was concerned that at such time when they crea~an impact, they will share the cost. Mr. McGee stated they would request it. Chairman Kelly suggested viewing the revised plans. Mr. Barrett showed the plans and pointed out the provision for the turn-aro-mad. ~. Mc=ecG explained further. He added MINUTES ~ANNING & ZONING BOA~ PAGE NINE ~i&Y 27, 1975 they would only have three operating lanes at the present time. They have taken out the wal~-u~ w~ndow. Mr. Rossi questioned what was located west on l~th and Mr. Barrett informed him the railroad and vacant property was there. ~. Rossi questioned the proposed use and Mr, McGee informed him that they owned the property in the rear. ~. Rossi questioned What ingress and egress was being proposed for people~ back on 18th and Mr. Barrett adv~ed~ him tnat~ they could request the developer to extend back when it is deve- loped. ~. McGee explaine~d the future plus for the proposed development.! Mr. Rossi asked how much property they owned and ~. Barrett informed him that it averages out to about 750 x 300 and i~ not a regular shaoed lot. Mr. Rossi said that someone living back oln 18th m~ have to wait for traffic waiting to go into the banh and Mr, McGee informed him that they have the area for 20~cars or more and would not create a bottleneck. ~. ROssi asked if the bank would co~sider paving the side for cars to pass to get back on the street and Mr. Barrett informed hlm that when the police noted this was being caused, the bank could be required to do this. He added that when the permanent facility was planned, they could ask for a traffic impact study. M~s. Huckie made a motion to reco~end to the City Council the site plan for the teller windows for the Broward Bank of Boynton Beach as presented. Mr. Rossi seconded the mo- tion. Under discussion, Mrs. Casteiio questioned whether they should include having a traffic impact study and Barrett informed her:~ this would be required when the perman- ent plans were presented. Mr. ~falker added that all future plans would have to come before the Board. Motion carried 5-0. American Legion Hall 571 ~est Ocean Avenue i~. Barrett showed the plans and explained the location° He added that they have more parking tha~,what is required. Mr. Rossi questioned the zoning and Mr. Barrett informed him that it was C-1. He added that 1-95 would cross here and there would 'be a fence and this will 'be a dead end. ~s. Castello made a motion to recommend approval to City CoUncil of the plan for the American Legion Hall as presented. ~. ~alker seconded the motion. Motion carried 5-0. ~. Doughty, 12 Unit Office Building 109 thru 131S.~. '~ 15th Avenue ~. Barrett showed the plans and pointed out several require- ments made by the T.R.B. He also noted that the agenda was 'incorrect and it is a 12 ~it office building and not apart- ments. M~s. Huckle questioned the current zoning and ~. ~NUTES ~$ANNING & ZONING BOARD PAGE TEN ~Y 27, 1 975 Barrett informed her it was C-1 and proposed C-2. Mrs. Huckle questioned what they were going to be used for and Mr. Barrett replied: offices, they don't k~ow what type until they are rented. M~. Rossi questioned the required height of the fence in the rear and ~. Barrett informed him that they were going to put a fence in the rear, but it was not required. M~. Rossi asked if the parking reGuirements were met and Mr. Barrett replied: yes and showed on the plan. Mr. Rossi asked if this part of 15th Avenue was being widened and ~. Barrett informed him this was already set back. Mr. Rossi asked if this was according to the proposed improvement plan and Mr. Barrett advised it was as it exists right now. He was required to set back 40 feet instead of 25 feet for the additional space reqUired. Mr. Rossi referred to storm drainage and M~. Barrett informed him that the engineer took care of this and pointed out on the plan where it stated drainage was to be contained on the site. ~s. Huckle made a motion to recommend to City Council the site p~an as ~ubmmttea by Mr. Doughty for a 12 unit office complex on S. E. ~5th Avenue. Mr. Rossi seconded the motion. Motion carried 5-0. OTHER Mrs. Huckle suggested correcting the code on Page 43 in refer- ence to the County regulating nursery schools and not the State Health Department. ~'. Barrett informed her that this was correct and that the County does it for the State Board of Health. ADJ OURN~NT M~. ~alker made a motion to adjourn, seconded by Mrs. Castello. Motion carried 5-0 and the meeting was proper~y adjourned at 9:24 P. M.