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Minutes 05-13-75MINUTES OF THE REGULAR ~!EETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, T~ESDA¥, MAY 13, 1975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairma~ Col. Walter M. Trauger, Vice Chman Mrs. Marilyn Huckle John I. Rogers Enrico Rossi Oris Walker ABSENT ~s. Vicki Castello (Excused) Chairman Kelly called the regular meeting of the Planning & Zoning Board to order at 7:38 P. M. He welcomed the three gentlemen present and adVised they would be heard later in turn. He then introduced the members of the Board and an- nounced that Mrs. Castello was excused, but possibly would arrive later. Chairman Kelly ascertained each member had received a notice of the public hearing. Mrs. Huckle pointed out that the public hearing was schsduled for 7:30 and suggested they possibly postpone reading of the minutes and the Chairman agreed. PUBLIC k~EARING Parcel #1 - Lot 32, Block 17 Rolling Green Ridge 1st Addition 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 read the above notice. He asked if anyone was present in favor of this request and received no response. He then asked if anyone was present in opposition to this request and the following appeared before the Board. Mr. Julian Patrick stated his name and his address as 2585 S. W. lOth Street. He informed the Board that he was appear- ing in two categories, one as representative of Rolling Green Ridge Properties. He stated that when this property was sold to these people, it was deed restricted to single family resi- dences. Col. Trauger a~ked him to show the location on the NINU~S PLAI\~NING & zONING BOARD PAGE TWO MAY 13, 1975 plot Dlan and Mr. Patrick pointed it out. Mr. Walker ques- tioned'the City zoning and Mrs. Huckle replied that under the current zoning code, nursery schools are permitted uses under conditional use under R-1. She read the code pertain- ing to this. Mr. Walker asked if the State Board held prece- dence over the City and Mr. Patrick informed him that the State Department of Education has no control over nursery schools and this was an error in the ordinance. They are regulated by Palm Beach County and it is carried out by the Health Department. Col. Trauger questioned the determination of need for this area and. Chairman Kelly informed him that he did not have the reason for the request, but only had re- ceived the public notice. He added that one resident, Keil, opposed the establishment of this school. ~Ms. Huckle added that they should have a~:copy of the application from the petitioner. Mr. Wessen informed the Board that the house was presently listed for sale and he questiOned if the buyer was planning this school and the members could not answer. I~. Walker questioned if it would be necessary to hes~ the objections, since they didn't have the petition? Chairman Kelly stated that he tries to be fair on all occasions. He stated that the public notice was given and the applicant named and center. recommends that they do not deny it. It comldn't have gotten 'this far without a petition. Col. Trauger suggested that they hear the objectors present. Mr. Patrick continued that he came as a representative for Rolling Green Ridge Associates and the people who have pur- chased property. They bought property knowing there were deed restrictions limiSing the area to single family resi- dences. He also comes as the owner of Boynton Academy and Mi~ Little's School. In reference to there being a need, he maintains there is no need in that ~icinity for additional child care centers. He has a capacity of 150 at his school, but only has 70 children. His existing facility has room and he doesn't believe there is a need for another facility. Mr. Paul Wesson stated his name and his address as 5596 Western Way, Lake Worth. He informed the Board that he operates the Storybook School at 393 Minor Road. He stated that he is a happy competitor of ME. Patrick and he is also under-enrolled and agrees there is no need for another school. His capacity is 90 and he only has 70 to 75 and he anticipates a decrease. His school is located a few blocks north of this location and Mr. Patrick's school is located a few blocks south. Col. Trauger questioned why he anticipated an enrollment drop and M~. Wessen replied with summer smd the state of the economy. Mr. Patrick MINUTe-S .~ANNIN'G & ZONI~.~G BOARD P,~GE THREE MAY 13, 1975 added that a house of this nature would require radical changes to use this home for a school per the requirements. He gave examples of how the construction would have to be altered. He also referred to the current ordinance limiting space in a home for the occupation and stated he didn't be- lieve there was a home in that area more than 1,000 square feet. Only' 250 square feet would be usable and the require- ment is 35 square feet for eaCh child. He stated again that they didn't thi~.there was a need with their additional capacity. ~Ms. Huck~le~made a motion that in the absence of a petitioner and petition for this request for a conditional use for a child care center, they table this application until they have additional information to act on. Mr. Walker seconded the motion. Motion carried 6-0. Mr. Patrick requested that he and ~. Wes~en be notified when this request was reconsidered. Chairman Kelly assured him that they would certainly be notified. Mr. Rossi stated it was hard for him to evaluate this appli- cation right now with the information they have. They must have all the facts. Here is someone asking for the use of a piece of property and they do not know if it meets all re- quirements. Chairman Kelly agreed. ~. Rossi continued that possibly the applicant did not submit this data. Chairman Kelly announced that the public hearing to hear ~s. Siarto,s request for a child care center would now come to a close at 8:00 P. M. Chairman Kelly suggested they hear the other representative present before proceeding with the reading of the minutes and the members agreed. OLD BUS I~ESS Cove - Final .~pproval ~. Abdallah stated his name and that he represented Yachts- man's Cove. He informed the Board that there were some technical corrections on the plan and they would like final approval. Chairman Kelly showed the plan which they approved originally to familiarize the members. He then showed the new plan. M~. Abdallah showed where the line was added. Mr. Rossi questioned if the change came about because of the City,s requirements or because of ~. Abdallah~s feelings? M~. Abdallah stated he felt it was proper and he explained the change pertaining to the seawall. He showed where an easement was made. ~. Rossi questioned if it was moved back because of the submerged land and Mr. Abdallah replied that they found it was best to follow the line and not fill MINUTES ~ANNING & ZONING BOARD PAGE FOUR MAY 13, 1975 in any land. ~. Walker asked if this was the only change and M~. Abdallah replied: yes. ~M. Rossi questioned the purpose~for the easement shown and M~. Abdallah informed him that the City Engineer stated there must be an easement there. Col. Trauger questioned if the easement proposed to prevent occupation out that far and Mr. Abdallah replied that it was a shoreline protection easement. He stated they were asking final approval for the technical corrections. ~. Rossi stated the easement note should have been noted on the plan. Mrs. Huckle askediif the other Boards approved this plan? Chairman Kelly informed her that Mr. Barrett stated they did not have to sign this, as this is the original and when copies are made, the approvals will be noted on them. Col. Trauger checked the old plans for preliminary approval stamps and none were noted on these plans. ~@s. Huckle stated there may be things they don't know about without these approvals. Chairman Kelly suggested they could give appro- val subject to approval being given by-the T.R.B., C.A.B., etc. Mrs. Huck]e disagreed stating they were supposed to be about the third Board for approval according to procedure and they have none of these approvals noted. She also feels they should have Mr. Barrett or Mr. Bushnell present for technical advice. She thinks this should be tabled, as it is pretty vague. Mrs. Huc~le made a motion to table the request for final approval of Yachtsman's Cove until they have adequate addi- tionali~formation. They have no form with any signatures of the other Boards, such as the Technical Review Board and Community Appeara~uce Board and they don't have the counsel of the Building Official or his assistant at this meeting and this is requested. Col. Trauger seconded the motion. Motion carried 6-0. MIB~TES The minutes of the workshop meeting of April 19, 1975 were read. Mrs. Huckle moved that the minutes be approved as submitted, seconded by ~. Rogers. Motion carried 4-0, with Col. Trauger and Mr. Walker abstaining since they were not present at this meeting. The minutes of the re~lar meeting of April 22, t975 were read. Col. Trauger moved, that the minutes be approved as submitted, seconded by M~. Walker. Motion carried 6-0. The minutes of the workshop meeting of April 22, 1975 were read. Col. Trauger moved that the minutes be approved as presented, ~econded by Mrs. Huckle. Motion carried 6-0, MINUTES PLANNinG & ZONING BOARD PAGE FIVE MAY 13, 1975 The minutes of the workshop meeting of April 26, 1975 were read. Chairman Kelly referred to Page 6 and a typographical error in the word ~residential~. He then referred to Page 12, fifth sentence, where he stated the City Council would read the ordi-nance on ~Lmy 6 and this should be May 8. Mr. Walker moved that the minutes be approved as corrected, seconded by Mr. Rogers. Motion carried 5-0, with Col. Trauger abstaining since he was not present at this meeting. The minutes of the special meeting of May 1, 1975 were read. Col. Trauger moved that the minutes be accepted as presented, seconded by Mr. Walker. Motion carried 5-0, with ~s. Huckle abstaining since she was not present at this meeting. OLD BUSINESS Leisureville #10, Lake Roma~- Fins~ App~roval Mr. Rossi showed the plans and stated as engineer for Boynton West Development Corporation, he prepared this plan. He gave the history of the parcels. He stated the developer was lng to replat two areas, Parcels H and I, into single family lots in place of multi-family. There will be 43 single family lots and the density now comes down by one half of what was originally proposed. Col. Trauger moved to recommend final approval of Leisureville #10, Lake Roma, to the City Council. Mr. Rogers seconded t~ motion. Motion carried 5-0, with Mr. Rossi abstaining. ~[ BUS II,TESS Site Plan A r~ Winn Dixie, Store Addition 320 N. Federal. Highway Chairman Kelly showed the plan~ and noted approval by the other Boards. ~. Rogers noted they planned to expand to an adjoining store and planned an addition on the rear. Chair- man Kelly read the minutes of the Community Appearance Board meeting concerning their approval of this plan. Col. Trauger remarked that this shopping center needs upgrading. Chairman Kelly informed him that the C.A.B. has been trying for months and months to get some improvements made here. Mr. Rogers stated with looking at this si. te plan, the site only actually changes a little. He agrees it would'be desirable to utilize this as the wedge to get something done. ~Lr. Rossi questioned if in the parking requirements there was any distinction made between super markets and other commercial properties? Chair- man Kelly read code 422.3 in reference to off-street parluing. M~NUTE£ PLANNING & ZONING BOARD PAGE SIX MAY 13, 1975 Mr. Rogers clarified that grocery stores require one space for every 150 squar, e feet. Mrs. Huckle noted that new park- ing spaces were noted on the plan. Mr. Rogers stated he thought the par~ming was adequate as the remaining stores fall under one for every 300 square feet and this is the only one that requires one for every I50 square fe~t. Chairman Kelly stated this was really the concern of the Techhical Review Bo~d. Col. Trauger moved to recommend to City Council the site plan of Winn Dixie at 320 North Federal Highway as pre- sented for approval. Mrs. Huckle seconded the motion. Motion carried 6-0. Broward Bank, Drive-In Tellers 1905 S. Federal Highway Chairman Kelly showed the plans. Mr. Rogers noted the drive-in a~d office locations. .Mr. Rossi stated he was concerned whether there had been a traffic analysis made. ~. Rogers noted the approvals by theoother Boards. Mrs. Huckle noted that it was not approved yet byythe polic~ nor engineer. Col. Trauger checked the other sets of the plans and noted approval by these departments was also not noted. Mrs. Huckle questioned if this was within the proposed zoning for the depth and they checked the proposed map. They couldn't find the depth of the property noted on the plans. ~. Walker remarked that this was only submitted for site plan approval. Mr. Rogers stated that the zoning was R-3 west of there, but he didn't k~uow where the line was drawn. He added that it was signed by Mr. Barrett, which usually means the zoning is in compliance. Mr. Rossi pointed out that this would create a tremendous amount of traffic on a minor street. ~s. Huckle asked how wide the street was and ~. Rossi stated it was 50 ft. with a road- bed of 22 feet. ~s. Huckle stated that possibly it was one way and Mr. Rossi noted that traffic was shown as going both w~ys. He stated he would like to make a suggestion that the proposal for the drive-in bank take into considera- tion the traffic flow in and out, as it may affect traffic to gain access to west properties to see whether or not additional rights-of way or pavement should be desired. ~s. Huckle stated that inasmuch as the police have not signed it, possibly they may make this stipulation. ~. Rogers made a motion to table the Broward Bank plan until they get better response from the City Engineer and Police Department in regmrd to Mr. Rossi's question con- cerning traffic impact. Col. Trauger seconded the motion. Motion carried 6-0. ~ffEU ~TES PLANNING & ZONING BOARD PAGE SEVEN ~i&Y 13, 1975 OTHER BUSI~SS Chairman Kelly informed the members that the Mayor asked him if they were going to make a formal presentation at the City Council public hearings. He referred to their meetings on April 26 and ~Lay 1 and their discussions in reference to presentation of the map and regulations. ~. Rogers stated hiscco~ents referred to having a meeting to present it, but not a formal presentation at the public hearings. Mr. Rossi stated he was present at the beginning of the meeting of %he reading of the ordinance, but he had to leave and he questioned what decisions had been made by the City Council regarding C-2 zoning? Chairman Kelly informed him that no changes had been made in C-2, but the City Council made the~following changes in C-3, Page 27: Minimum lot frontage - 75 feet Minimum lot area - 15,0OO Minimum front yard - 20 feet Minimum side yard - none, except where neces- sary for access to rear, minimum side yard shall be 15 feet. ADJOURNMENT Col. Trauger made a motion to adjourn, seconded by ~s. Huckle. Motion carried 6-0 and the meeting was properly adjourned at 9:12 P. M.. ~,,,,.. CO RRE CTE Dt / Regular meeting for the Planning and Zoning Board. Date: Place: 7:30 P.M. May 13, 1975 Conference Room, downstairs, City Hall 1. Acknowledgement of members and visitors. 2. Reading and approving of minutes. 3. Old Business: Final Approval--Leisureville #10, Lake Roma Final Approval--Yachtsmans Cove- 5. Public Hearing Parcel #1 - Lot 32, Block 17 Rolling Green Ridge 1st Addition . 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 6. New Business: Site Plan Approval--Winn Dixie, Store Addition 320 N. Federal Highway Broward Bank, Drive-In Tellers 1905 S. Federal Highway ZONED R-1