Loading...
AGENDA DOCUMENTS MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD IN CfIItISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON MONDAY, APRIL 11, 1995, AT 7:00 P.M. PRESENT Vernon Thompson, Chainman Ben Uleck, Vice Chainman Arthur Benman Barkley Garnsey Raychel Houston James Miriana Nello Tineri Mike Haag, Z~ning and Site Development Administrator Leonard Rubin, Assisant City Attorney ABSENT Irving Sechter, Alternate 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chainman Thompson called the meeting to order at 7:00 p.m. He introduced Attorney Rubin, the Board members, the Recording Secretary, and Mr. Haag, and explained the procedures that this Board follows when hearing cases. 2. APPROVAL OF AGENDA No additions~ del~tions or cQrrect1~ns were made to the agenda. 3. APPROVAL OF MINUTES Mr. Miriana moved to approve the minutes of the February 22, 1995 meeting as submitted. Mr. Bennan seCOnded the motion which carried 7-0. 4. COMMUNICATIONS AND ANNOUNCEMENTS None. 5. ELECTION OF OFFICERS Discussion ensued regarding tabling the election of officers since three appointments need to be made to this Board by the City Commission. Motion Mr. Garnsey moved to table the election of officers. Mr. Tineri seconded the motion which carried 7-0. 6. OLD BUSINESS None. - 1 - )--'"-~"1 . -.~~. MINUTES - BOARD OF ADJUSTMENT MEETING BOMON BEACH. FLORIDA APRIL 17, 1995 7. NEW BUSINESS The witnesses who intended to testify this evening wer~' sworn in by the Recording Secretary. Public Hearing A. Case No. 201 Location: Property Owner: Request: (Continued to the May 15, 1995 meeting) 2107 S.E. 3rd Street Donald F1sher Request for relief from Appendix A, Zoning, Section 5.G.2.a to reduce the ~ide, front and rear setbacks in connection with construction of multi-family units. Motion Mr. Tineri moved to continue Case No. 201 to the May 15, 1995 meeting. Mr. Miriana seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 7-0. . . B. Case No. 202 This case was withdrawn from the agenda. C. Case No. 203 Location: Property Owner: Request,: Southwest corner of South Seacrest Boulevard and S.W. 23rd Avenue OUtpat1ent Properties, Inc. Request for relief from Appendix A, Zoning, Section 6.A.3 to reduce the required lot depth from 120 feet to 115 feet in connection with construction of a parking lot. Ms. Houston read the six criteria which the Board takes into consideration when rendering a decision on a variance. Ms. Houston also read portions of this application, including the applicant's statement of special conditions, hardships or reasons justifying the requested exception or variance. Ms. Houston read a note, dated April 10, 1995, from Lakhmi Chand in opposition to this variance. Wayne Puls, the agent for Outpatient Properties, Inc., stated that Outpatient Properties operates the Outpatient Center of Boynton Beach which is immediately across the street from the subject property. Outpatient Properties has code parking; however, their business is such that they need additional parking. Therefore, they acquired the subject property for the purpose of establishing a temporary parking facility for two years to be used by staff only. - 2 - MINUTES - BOARD OF ADJUSTMENT MEETING BG'YNTON BEACH, FLORIDA APRIL 17, 1995 In response to Mr. Chand's note, Mr. Pu1s said he has a letter from the County Engineer stating that there was nothing in their five year plan to increase the size of the intersection. Robert Foot, 2400 S.W. 1st Street, stated that the maximum use of the con- stricted lots may include activities hanmfu1 to neighbors close to the prop- erty line, such as car lights early in the morning, doors slamming, employee conversations, exhaust fumes accumulating in the swimming pool areas just 12 feet away, and dust from the temporary parking facility. He wondered what landscaping must be sacrificed with the constraints of the compressed lots. He stated that lots of diminished size, not tied by any unity of title, will not have the drainage potential of full lots. He pointed out that the Board of Adjustment can grant relief to the applicant subject to conditions, such as pro- hibiting activities that would be a disturbance to the adjacent residents, requiring construction of a six foot stucco wall between the residential and commercial properties, and requiring the applicant to comply with the provisions for a penmanent parking lot (dust free paving, qualifying drainage and full landscaping with installed irrigation). . Mr. Foot submitted petitions signed by 40 neighbors,. requesting that the use of the Outpatient Properties, Inc. property be subject to the following conditions: 1. Compliance with City ordinances concerning landscaping, paving, and drainage without use of the exception provision for "temporary. parking lots; and ' 2. Separation of the commercial property from the residential proper- ties to the west with a six foot stuccoed wall, as provided in the current Ordinance, in the first stage of any improvements. Mr. PuIs said this is simply a request for a temporary parking facility to alleviate an existing situation. He believes he addressed the drainage, etc., required by the Building Code and the people who issue penmits. He received the necessary penmission from the County. He met with the City Forester and others and discussed what needed to be done. He was in receipt of a letter from an engineer with regard to percolation in the area saying that there would not be a problem. He did not see the necessity of spending a lot of money for penmanent items when there are no plans for the rest of lot at this time. Mr. Foot felt the applicant needs penmanent parking to accommodate the existing bul1di ng. In response to Chainman Thompson, Mr. Haag stated that the City Engineer relaxed some of the areas of the Code for the temporary parking facility. Therefore, it does not have to meet City standards in all cases. Mr. Miriana asked Mr. Haag if a buffer wall is required between residential and commercial property. Mr. Haag advised that the applicant has the option of using a dense vegetative buffer or a block wall. - 3 - MINUTES - BOARD OF ADJUSTMENT MEETING BOYNTON BEACH. FLORIDA APRIL 17. 1995 Mr. Haag adv1s~d that the applicant is processing a site plan to build a parking facility. When he made application through the process, the Planning Department said they could not develop the property because it was not the correct lot depth. The site plan is on hold until they can get the lot depth issue straightened out. No one else wished to speak in favor of granting this variance. Roy Jordan did not mind the property being used; however, he requested protec- tion, such as a wall to separate the properties. No one else wished to speak against granting this variance. In response to Ms. Houston, Mr. Haag and Attorney Rubin advised that the variance would go with the land. Mr. Garnsey was in favor of approving this variance contingent upon all the City Codes and requirements being adhered to in order to protect the interests of the residents. . .. Mr. Miriana was in favor of approving this variance contingent upon buffering to protect the residential property on the north side. Ms. Houston asked what Mr. Puls plans to do for parking if he decides to put a building on that property. Mr. Puls said he plans to do whatever is required to comply with all the City Codes. Right now he is trying to address an immediate situation. In response to Ms. Houston, Mr. Puls advised that the number of employees varies, depending on what procedures are being done on a particular day. The temporary facility will have either 17 or 19 parking spaces. Motion Mr. Garnsey moved to grant the variance to reduce the required lot depth from 120 feet to 115 feet subject to the contigency that the Engineer not make any exceptions to the Code in granting a penmit for this site for a temporary parking lot. Vice Chainman Uleck seconded the motion. Mr. Haag advised that the City Engineer is only responsible for the parking lot ordinance. Discussion ensued about a buffer. Mr. Haag read the portion of the Code that applies to buffers. Mended Motion Mr. Garnsey amended his motion to include that the applicant build an appropriate buffer (a buffer that would be required if a building were being built) before using the parking lot. Vice Chainman Uleck agreed to the amendment. A roll call vote was polled by the Recording Secretary. The motion carried 5-2. Ms. Houston and Mr. Tineri cast the dissenting votes. - 4 - MINUTES - BOARD OF ~USTMENT MEETING 60YNTON BEACH, FLORIDA APRIL 17, 1995 D. Case No~ 204 Location: East of High Ridge Road and 460 feet north of Gateway Boulevard Tri-County Commuter Rail Authority Request for relief from Appendix A, Zoning, Section 7.H.17 to omit the required peripheral greenbelt along that portion of the PID boundary which coincides with the east property line of the proposed parking facility for the Tri-Rail station. Ms. Houston read portions of this application, including the applicant's state- ment of special conditions, hardships or reasons justifying the requested excep- tion or variance. Property Owner: Request: John Handley represented Tri-Rail and displayed a graphic of the site. He is proposing to add necessary parking and bring the cars into a common accessway and have them function throughout the site, leaving the pedestrian corridors open. The pedestrian corridors lead directly to the Tr1-Rail Station. In order to do this, he requested relief from having to provid, the 40 foot wide green- belt. He explained that the greenbelt would separate the parking facility from the Tri-Rail Station. The greenbelt is required to separate this use from adja- cent uses; however, both properties are owned by different divisions within the Department of Transportion. Therefore, funding is different and a unity of title cannot be done between this property and the entire rail corridor. He advised that triple the required landscaping was provided, and he worked very closely with the City Forester to preserve as many trees as possible. Mr. Handley stated that he appeared before the Planning and Development Board with a similar request because the Code requires a landscape strip along the property line. The Planning and Development Board recommended approval because it does not make sense to do that. Mr. Handley advised that he is trying to separate the cars and the people as much as possible. Therefore, he provided two pedestrian walkways. Once the people get out of their cars, they get on the walkways and never have to cross vehicular traffic. No one wished to speak in favor of or in opposition to this variance. Several members of the Board made favorable comments regarding this project. Motion Mr. Miriana moved to grant the request for relief from Appendix A, Zoning, Section 7.H.17 to omit the required peripheral greenbelt along that portion of the PIO boundary which coincides with the east property line of the proposed parking facility for the Tr1-Ra1l station. Mr. Bennan seconded the motion. A roll call vote was polled by the Recording Secretary. The motion carried 7-0. - 5 - MINUTES - BOARD OF ADJUSTMENT MEETING B.OYNTON BEACH. FLORIDA APRIL 17, 1995 7. OTHER BUSINESS None. 8. COMMENTS BY MEJeERS None. 9. ADJOURNMENT There being no further business to come before the Board, Vice Chainman Uleck moved to adjourn the meeting at 8:30 p.m. Mr. ,Tineri seconded the motion which Zarri d 7-0. ,,'~ Eve Eubanks Recording Secretary (Two Tapes) . . - 6 - MINUTES - PlANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 V e Chairman Gol saw no reason w the City would wa co tor road. He It the City Engl r would be happy approval to on area lan seconded the the Nautica PU Lawrence Road struct entry w ing and lands ~on which car Ik/a Boynton Nur the L.W.D.D. L canal, sig age, a priv e buffers, subject to d 7-0. out , Major Site Plan Modification Outpatient Properties, Inc. Wayne E. Puls Outpatient Properties, Inc. Southwest corner of S.W. 23rd Avenue and Seacrest Boulevard Request to amend the previously approved site plan to construct a surplus parking facility on a parcel adja- cent to the Outpatient Center of Boynton Beach. Mr. Haag displayed an overlay of the location of this project and an overlay of the site plan. The request is for a surplus parking facility. The rest of the project is being used as a percolation area for drainage. He reviewed the surrounding land uses. The applicant is proposing 17 parking spaces, including one handicapped space to be used as surplus parking for the medical building owned by the applicant at the northwest corner of S.W. 23rd Avenue and Seacrest Boulevard. Based on a detenmination from the Engineering Division to allow construction of this parking to temporary parking lot standards, the plans sub- mitted do not meet the lighting requirements. 2. Project: Agent: Owner: Location: Description: Mr. Haag advised that the parking area will be asphalt. Mr. Haag advised that there is a requirement that the lot be 120 feet before any development takes place; however, it is only 115 feet. The applicant went to the Board of Adjustment for a variance to allow it to be reduced to 115 feet. The Board of Adjustment approved the variance, subject to the parking facility being built to standard regulations, not as a temporary parking facility, and that whatever buffer is required along the west property line abutting the resi- dential, be in place prior to the use of the parking facility. Mr. Haag advised that according to the Code, when a C-l zoning district abuts a residential district, the applicant has a choice of either providing dense landscaping (2 feet in height along the property line) or a six foot high buffer wall, stuccoed on both sides and painted. In this case, it is required along the west property line. Mr. Haag stated that the Planning and Zoning Department could not find the landscape plan that the applicant said he submitted. Therefore, he was asked to - 8 - -_._----~-------- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MAY 9, 1995 bring it in today, which he did. However, the Planning and Zoning Department has not had time to thoroughly review it. In response to Vice Chairman Golden, Mr. Haag advised that the Board of Adjustment approved the lot depth subject to the facility being built to a regular parking lot, not applying any temporary standards that may be waived by the Engingeering Department for such items as lighting and landscaping. Mr. Haag reviewed the landscape plan submitted by the applicant. Hedge material and trees were provided along the west property line. Mr. Haag reiterated that the Planning and Zoning Department did not get to thoroughly review this land- scape plan. He advised that some items are missing from it; however, it is a much better plan than what was previously submitted. A few departments submitted comments. Mr. Haag reviewed the Planning and Zoning comments. Melaleuca mulch was recommended if mulch is going to be used. It was recommended that a wall be used rather than landscaping. This recommendation was based on the fact that the project to the south, which is also in the C-l zoning district, has a site wall that separates that project from the residen- tial to the west. Planning and Zoning recommended that this wall be continued and contain the same architectural features as the existing wall. Planning and Zoning also recommended that the location of the site lighting fixtures be indi- cated on the plans to avoid interference with landscaping. They recommended that the applicant chose a specie from Florida Power and Light1s "Plant the Right Tree in the Right Place" brochure to avoid the overhead power lines along Seacrest Boulevard. Staff recommended approval of this project, subject to staff comments. Mr. Rosenstock asked if staff is recommending approval of this parking lot as a temporary parking lot. Mr. Haag said, MNo.1I City Manager Parker clarified that the applicant is in the process of constructing a permanent parking lot in accordance with City Codes. Vice Chainman Golden asked if there is any provision in the Code for a temporary parking lot. Ms. Heyden advised that the parking lot regulations recognize a temporary parking lot. It states that if such is designated by the City Engineer at his discretion, it has to include phasing and information regarding when it is to be removed. Ms. Heyden advised that the applicant only needed to appear before the Board of Adjustment with regard to the lot depth. Mr. Rosenstock felt "temporary parking facility" should be defined in the Code. Wayne Puls advised that the the land across the street from the Outpatient Center is not owned by the applicant; it is owned by a different corporation. He stated that the parking facility would be for the employees of the Outpatient Center only. He stated that the City Engineer told him there was a special regulation for a temporary period not to exceed two years. He stated that when the Board of Adjustment heard the request for the variance for the lot depth, - 9 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 the temporary parking facility fell apart. He understands that applicant has to comply with the standard parking regulations, but he did not understand why a wall is required if the Code pennits the applicant to install a vegetative buffer. He stated that the applicant chose to install a vegetative buffer to hold down costs, since he does not know how that property will be developed in the future. Mr. Puls also did not understand why lighting is required. He stated that employees will start parking there about 6:15 a.m. and will be gone by early afternoon. With regard to the requirement for unity of title, Mr. Puls said that the two pieces of property are owned by different corporations. Mr. Rosenstock asked why this parking lot is needed 1f the Outpatient Center is currently meeting the Code requirements for their parking lot. Mr. Puls advised that they have more patients than originally anticipated. Mr. Rosenstock pointed out that at six o'clock in the morning in the wintertime, it is dark out. Therefore, he felt lighting will be needed at least for the safety of the people using the parking lot. Mr. Rosenstock asked Mr. Puls if he has spoken to the people adjacent to the proposed parking facility. Mr. Puls advised that he discussed this matter with their spokesperson and was unable to reach an agreement. Robert Foot, 2400 S.W. 1st Street, submitted petitions from 43 people in the area west of Seacrest Boulevard and south of 23rd. He asked the Board to include a requirement for continuation of the wall which separates the property to the south from the residents to the west. He stated that this wall was required by the Planning and Zoning Board back in 1984 when development of the south end of the property was being considered. He stated that a wall, as opposed to a hedge, will prevent stonmwater drainage from moving to the west, will minimize flow of exhaust fumes to the pools to the west, and will reduce the disturbances (headlights and noise) to the neighbors from use of the parking lot at 6:00 a.m. Concerning the unity of title, Mr. Foot stated that if this parking lot is developed by itself, it could at some time 1n the future be sold to another party for use other than by the people to the north across the street, such as the hospital. Vice Chairman Golden pointed out that the Code gives the applicant the option of installing a wall or hedge. He also pointed out that there is no building on the site. He, therefore, questioned the need for a wall at this time. Mr. Beasley did not know how this Board could require a wall when the Code gives the applicant an option. Chainman Cube advised that this Board can make a recommendation. Vice Chainman Golden added that certain uses sometimes may require extra buffering. Chainman Cube stated that if he lived in this area, he would want a wall. Mrs. Frazier agreed with Chairman Oube. - 10 - "--------~~ MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 Motion Mr. Reitz moved to approve Item 7.A.2, the major site plan modification per staff recommendations and per the modification of extending the wall the full distance on the west property line. Mr. Wische seconded the motion. Mr. Beasley did not know how a unity of title can be required when the proper- ties are owned by different corporations. Ms. Heyden stated that there has to be unity of title because parking lots in and of themselves are not a penmitted use. The motion carried 7-0. Agent. Owner: Location Descripti Mr. Haag isplayed an ov lay of the locatio of this pr ect and the propo d site plan. e zoning district C-4. The and use is general mmercial. The se is an existing building pr osed for church conference c' ter. The area f the building i 1,094 squar ' feet and he reage is.6 acres. vacant b lding s like a the He also teri or 0 parking faci1it He irculated photo aphs of what th building 10 prese time. The photographs w e provided by t displa d an elevat n. Mr. Haag sted that no cha building re being posed, other t 'n some color. T 11 per lands per i me applica covered i xie Highway, rking fa ci1ity will SU ort one pa ing spac area. The t es proposed by he applica meet th The applican is also provid g a hedge ound the rea and sod ar nd the buildi However the lawn grass to he rear of th project, w ich is The e . ting stuc painted, which the trim. co onn to the fr ing and is gr f add forwa of the exist ing expans ns at this tl t setback req dfathered in line. The the project. - 11 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 Golden saw no reason wh City would want a 1 He felt the City Engineer out Mr. tock moved to approve utica PUD a/k/a Boyn Nurseries PU located at northwest corner of La e Road and the L.W.. L-21 canal, request for si an approval to construe wall signage, a . ate recreation facility, on area landscaping an scape buffers, su ct to staff comments. Mr. Rei z seconded the motion which carried 7-0. Major Site Plan ~~ ":.~.::i.z":':;;::-:L::,~;j~~ ~=-:, .,_"--E_~ Outpat1ent Properties. Inc. Wayne E. Puls Outpatient Properties, Inc. Southwest corner of S.W. 23rd Avenue and Seacrest Boulevard Request to amend the previously approved site plan to construct a surplus parking facility on a parcel adja- cent to the Outpatient Center of Boynton Beach. Mr. Haag displayed an overlay of the location of this project and an overlay of the site plan. The request is for a surplus parking facility. The rest of the project is being used as a percolation area for drainage. He reviewed the surrounding land uses. The applicant is proposing 17 parking spaces, including one handicapped space to be used as surplus parking for the medical building owned by the applicant at the northwest corner of S.W. 23rd Avenue and Seacrest Boulevard. Based on a detenmination from the Engineering Division to allow construction of this parking to temporary parking lot standards, the plans sub- mitted do not meet the lighting requirements. 2. Project: Agent: Owner: Location: Description: Mr. Haag advised that the parking area will be asphalt. Mr. Haag advised that there is a requirement that the lot be 120 feet before any development takes place; however, it is only 115 feet. The applicant went to the Board of Adjustment for a variance to allow it to be reduced to 115 feet. The Board of Adjustment approved the variance, subject to the parking facility being built to standard regulations, not as a temporary parking facility, and that whatever buffer is required along the west property line abutting the resi- dential, be in place prior to the use of the parking facility. Mr. Haag advised that according to the Code, when a C-l zoning district abuts a residential district, the applicant has a choice of either providing dense landscaping (2 feet in height along the property line) or a six foot high buffer wall, stuccoed on both sides and painted. In this case, it is required along the west property line. Mr. Haag stated that the Planning and Zoning Department could not find the landscape plan that the applicant said he submitted. Therefore, he was asked to - 8 - -~---------_.._.~'-- --- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MAY 9, 1995 bring it in today, which he did. However, the Planning and Zoning Department has not had time to thoroughly review it. In response to Vice Chairman Golden, Mr. Haag advised that the Board of Adjustment approved the lot depth subject to the facility being built to a regular parking lot, not applying any temporary standards that may be waived by the Engingeering Department for such items as lighting and landscaping. Mr. Haag reviewed the landscape plan submitted by the applicant. Hedge material and trees were provided along the west property line. Mr. Haag reiterated that the Planning and Zoning Department did not get to thoroughly review this land- scape plan. He advised that some items are missing from it; however, it is a much better plan than what was previously submitted. A few departments submitted comments. Mr. Haag reviewed the Planning and Zoning comments. Me1a1euca mulch was recommended if mulch is going to be used. It was recommended that a wall be used rather than landscaping. This recommendation was based on the fact that the project to the south, which is also in the C-l zoning district, has a site wall that separates that project from the residen- tial to the west. Planning and Zoning recommended that this wall be continued and contain the same architectural features as the existing wall. Planning and Zoning also recommended that the location of the site lighting fixtures be indi- cated on the plans to avoid interference with landscaping. They recommended that the applicant chose a specie from Florida Power and Light1s "P1ant the Right Tree in the Right Place" brochure to avoid the overhead power lines along Seacrest Boulevard. Staff recommended approval of this project, subject to staff comments. Mr. Rosenstock asked if staff is recommending approval of this parking lot as a temporary parking lot. Mr. Haag said, "No.1I City Manager Parker clarified that the applicant is in the process of constructing a permanent parking lot in accordance with City Codes. Vice Chairman Golden asked if there is any provision in the Code for a temporary parking lot. Ms. Heyden advised that the parking lot regulations recognize a temporary parking lot. It states that if such is designated by the City Engineer at his discretion, it has to include phasing and information regarding when it is to be removed. Ms. Heyden advised that the applicant only needed to appear before the Board of Adjustment with regard to the lot depth. Mr. Rosenstock felt "temporary parking facility" should be defined in the Code. Wayne Pu1s advised that the the land across the street from the Outpatient Center is not owned by the applicant; it is owned by a different corporation. He stated that the parking facility would be for the employees of the Outpatient Center only. He stated that the City Engineer told him there was a special regulation for a temporary period not to exceed two years. He stated that when the Board of Adjustment heard the request for the variance for the lot depth, - 9 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MAY 9, 1995 the temporary parking facility fell apart. He understands that applicant has to comply with the standard parking regulations, but he did not understand why a wall is required if the Code penmits the applicant to install a vegetative buffer. He stated that the applicant chose to install a vegetative buffer to hold down costs, since he does not know how that property will be developed in the future. Mr. Puls also did not understand why lighting is required. He stated that employees will start parking there about 6:15 a.m. and will be gone by early afternoon. With regard to the requirement for unity of title, Mr. Puls said that the two pieces of property are owned by different corporations. Mr. Rosenstock asked why this parking lot is needed if the Outpatient Center is currently meeting the Code requirements for their parking lot. Mr. Puls advised that they have more patients than originally anticipated. Mr. Rosenstock pointed out that at six o'clock in the morning in the wintertime, it is dark out. Therefore, he felt lighting will be needed at least for the safety of the people using the parking lot. ' Mr. Rosenstock asked Mr. Puls if he has spoken to the people adjacent to the proposed parking facility. Mr. Puls advised that he discussed this matter with their spokesperson and was unable to reach an agreement. Robert Foot, 2400 S.W. 1st Street, submitted petitions from 43 people in the area west of Seacrest Boulevard and south of 23rd. He asked the Board to include a requirement for continuation of the wall which separates the property to the south from the residents to the west. He stated that this wall was required by the Planning and Zoning Board back in 1984 when development of the south end of the property was being considered. He stated that a wall, as opposed to a hedge, will prevent stonmwater drainage from moving to the west, will minimize flow of exhaust fumes to the pools to the west, and will reduce the disturbances (headlights and noise) to the neighbors from use of the parking lot at 6:00 a.m. Concerning the unity of title, Mr. Foot stated that if this parking lot is developed by itself, it could at some time in the future be sold to another party for use other than by the people to the north across the street, such as the hospital. Vice Chainman Golden pointed out that the Code gives the applicant the option of installing a wallar hedge. He also pointed out that there is no building on the site. He, therefore, questioned the need for a wall at this time. Mr. Beasley did not know how this Board could require a wall when the Code gives the applicant an option. Chainman Dube advised that this Board can make a recommendation. Vice Chainman Golden added that certain uses sometimes may require extra buffering. Chainman Cube stated that if he lived in this area, he would want a wall. Mrs. Frazier agreed with Chainman Dube. - 10 - ~~~ ~~-------~- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 Motion Mr. Reitz moved to approve Item 7.A.2, the major site plan modification per staff recommendations and per the modification of extending the wall the full distance on the west property line. Mr. Wische seconded the motion. Mr. Beasley did not know how a unity of title can be required when the proper- ties are owned by different corporations. Ms. Heyden stated that there has to be unity of title because parking lots in and of themselves are not a permitted use. The motion carried 7-0. Agent: Owner: Location: Description: Christian C Alive Deliverance d Conference Center. Inc. Mil ton Russell, Jr. William and Ann Darville 3664 Old Dixie Hi way Request for approv to convert a vaca urch use and inst 1 parking and land 3. Mr. Haag displayed an overla the oposed site plan. is ge al commercial. The use confere e center. The area of acreage i .66 acres. f the location 0 this project and a overlay of ing district is The land use d ignation s an existing bui ing proposed for church t building is 1,0 square feet and e site isting stucco which the ap ilding will be p e yellow with grey icant proposes t o. The existing ite does not have a par ng facility. T re is a vacant b on the site. circulated photograph of what the bui ing looks like a esent time. ese photographs were p vided by the app icant. He also layed an ele tion. Mr. Haag stated at no changes t the exterior of he ing are bein roposed, other than so color. There 1s a driveway ing out from Old Dixie ighway, leading a parking fac ility hind the buil g. The parking facil will support 0 parking space per 100 quare feet of oar area. The trees p posed by the ap icant meet the landscap code requireme s. The applicant is a 0 providing a h ge around the perimeter f the vehicle area and sod around e building. Ho ver, the applicant s not indicate ny lawn grass to the ar of the proje which is covered in aff comments. The existing ilding does not nform to the front se ack requirement However, it is nonconfonming .lding and is grandfat red in as long licant does n try to add fo d of the existing li The plans sh re are no prop ed building expa ions at this time. It needs ding sign is proposed in front of the project. - 11 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA flI5 f M -- f 5',,{)tJ / MAY 16, 1995 is not recorded, nor land development permit issued until the surety and EOA are acceptable to both the City Attorney and the Planning Director. Mayor Pro Tem Matson seconded the motion which carried unanimously. E. Project: Agent: Owner: Location: Description: Outpatient Properties, Inc. Wayne E. Puis Outpatient Properties, Inc. Southwest corner 0f SW 23 Avenue and Seacreast Boulevard MAJOR SITE PLAN MODIFICATION: Request to amend the previously-approved site plan to construct a surplus parking facility on a parcel adjacent to the Outpatient Center of Boynton Beach. This item was tabled earlier in the meeting. F. oject: Age t: Owne. Location. Descriptio Christian Come Alive Deliver ce & Conference Center, Inc. Milton Russell, Jr. William and Annie Darvil 3664 Old Dixie Highw MAJOR SITE PLAN M IFICA TION: Request for approval to convert a vacant building for hurch use and install parking and landscaping. Milton Russell, representing t owners, re uested that the request be approved with staff's recommendation. Ms. Heyden said staff and the Plan ng nd Development Board recommend approval of this project. The applicants plan to improve e appearance of the property by painting it a pale yellow with grey trim. Motion Mayor Pro Tern Matson moved approve the hristian Come Alive Deliverance & Conference Center major site plan modifica on subject to sta comments. Vice Mayor Bradley seconded the motion which carried 5-0. G. Proj ect: Agent: Owner: Location Descri ion: Seventh Day Adventist C George C. Davis Seventh Day Adventist Churc 138 SE 27 Avenue MAJOR SITE PLAN MODIFIC TION: Request to amend the previously-approved site plan to 1I0w shared parking arid delete future additions shown in order to duce required parking. 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Commissioner Rosen left the Chambers. George Davis, architect, said this project received the approval of the Planning and Development Board. He was present to answer any questions posed by the Commission. Ms. Heyden advised that our Code recognizes the ability to submit a shared-parking study where it can be proved that the two uses on a site have parking demands at different times of the day. In this case, staff has determined that this proposal is acceptable, and recommends apPi'0val of the shared-parking study subject to staff comments. Motion Vice Mayor Bradley moved to approve the major site plan modification for Seventh Day Adventist Church. request to amend the previously-approved site plan to allow shared parking and delete future additions, subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried 4-0. (Commissioner Rosen was away from the dais.) MAYOR TAYLOR ANNOUNCED THAT THE CITY COMMISSION MEETING WOULD RECESS AT THIS TIME. CITY COMMISSION CONVENES AS COMMUNITY REDEVELOPMENT AGENCY (CRA) A. Project Name: Owner: Agent: Location: Description: Boynton Beach Plaza CYNWYD Investment Susanne Wildner Northeast corner of Boynton Beach Boulevard and U.S. #1 Request for approval to modify the Boynton Beach Plaza sign program to include signage for Family Dollar Susanne Wildner, 3148 Meridian, Palm Beach Gardens, advised that the letter style planned for Family Dollar differs from the previously-amended master sign program for Rose Auto Store. Family Dollar is requesting the right to use their logo letter style which is a registered trademark logo. The colors will match the Rose Auto Store signage with regard to colors. She pointed out that Rose Auto was granted a minor modification to the sign program to use their letter/logo style and the color red. Ms. Heyden displayed a rendering depicting the proposed signage. Motion Commissioner Jaskiewicz made a motion for approval to modify the Boynton Beach Plaza sign 32 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 is not recorded, nor land development permit issued until the surety and EOA are acceptable to both the City Attorney and the Planning Director. Mayor Pro Tem Matson seconded the motion which carried unanimously. E. Project: Agent: Owner: Location: Description: Outpatient Properties, Inc. Wayne E. Puis Outpatient Properties, Inc. Southwest corner of SW 23 Avenue and Seacreast Boulevard MAJOR SITE PLAN MODIFICATION: Request to amend the previously-approved site plan to construct a surplus parking facility on a parcel adjacent to the Outpatient Center of Boynton Beach. This item was tabled earlier in the meeting. F. f..:.oject: Christian Come Alive Deliverke & Conference Center, Inc. Ag~ Milton Russell, Jr. / Owne,\ William and Annie Darvilj.e Location~ 3664 Old Dixie High~Y Descriptio . MAJOR SITE PLAN M IFICATION: Request for approval to convert a vacant building fo; hurch use and install parking and landscaping. Milton Russell, representing t owners, re~ested that the request be approved with staff's recommendation. Ms. Heyden said staff and the Plan ng nd Development Board recommend approval of this project. The applicants plan to improve e appearance of the property by painting it a pale yellow with grey trim. Mayor Pro Tem Matson moved approve the hristian Come Alive Deliverance & Conference Center major site plan modifica on subjed to sta comments. Vice Mayor Bradley seconded the motion which carried 5-0. Motion G. Proj ect: Agent: Owner: Location Descri ion: Seventh Day Adventist C George C. Davis Seventh Day Adventist Churc 138 SE 27 Avenue MAJOR SITE PLAN MODIFIC TION: Request to amend the previously-approved site plan to lIow shared parking arid delete future additions shown in order to duce required parking. 31 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 Commissioner Rosen left the Chambers. George Davis. architect, said this project received the approval of the Planning and Development Board. He was present to answer any questions posed by the Commission. Ms. Heyden advised that our Code recognizes the ability to submit a shared-parking study where it can be proved that the two uses on a site have parking demands at different times of the day. In this case, staff has determined that this proposal is acceptable, and recommends appl'uval of the shared-parking study subject to staff comments. Motion Vice Mayor Bradley moved to approve the major site plan modification for Seventh Day Adventist Church. request to amend the previously-approved site plan to allow shared parking and delete future additions, subject to staff comments. Mayor Pro Tem Matson seconded the motion which carried 4-0. (Commissioner Rosen was away from the dais.) MAYOR TAYLOR ANNOUNCED THAT THE CITY COMMISSION MEETING WOULD RECESS AT THIS TIME. CITY COMMISSION CONVENES AS COMMUNITY REDEVELOPMENT AGENCY (CRA) A. Project Name: Owner: Agent: Location: Description: Boynton Beach Plaza CYNWYD Investment Susanne Wildner Northeast corner of Boynton Beach Boulevard and U.S. #1 Request for approval to modify the Boynton Beach Plaza sign program to include signage for Family Dollar Susanne Wildner, 3148 Meridian, Palm Beach Gardens, advised that the letter style planned for Fami Iy Dollar differs from the previously-amended master sign program for Rose Auto Store. Family Dollar is requesting the right to use their logo letter style which is a registered trademark logo. The colors will match the Rose Auto Store signage with regard to colors. She pointed out that Rose Auto was granted a minor modification to the sign program to use their letter/logo style and the color red. Ms. Heyden displayed a rendering depicting the proposed signage. Motion Commissioner Jaskiewicz made a motion for approval to modify the Boynton Beach Plaza sign 32 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, flORIDA JUNE 13, 1995 Outpatient Properties - Major Site Plan Modification - This item is still on the table at the City Commission level and should come off the table on July 5. There are issues with unity of title and the buffer wall. Christian Come Alive Deliverance and Conference Center - Major Site Plan Modification - Approved subject to all staff comments. Seventh Day Adventist Church - Major Site Plan Modification including a shared parking study to amend the previously-approved site plan modification - At the end of the meeting, discussion focused around Ordinance 90-19 which amends the parking lot regulations to provide for an exemption to additions to residential recreation areas. On May 22, 1995, City Manager Parker issued a memorandum to the members of this board stating that the leisureville addition would be exempt from the parking lot regulations in terms of upgrading the existing parking lot. In addition, it was also exempt from the zoning requirement to provide additional parking for the addition. City Manager Parker will address this further at the next workshop meeting. Ms. Heyden distributed parking passes for the July 4th Centennial Celebration. OLD BUSINESS A. PUBLIC HEARING LAND USE elEMENT AMENDMENT/REZONING (continued from April 11, 1995, and May 9,1995 meetings) 1. Project Name: Lake Worth Christian School Agent: J. Richard Harris, Esquire Owner: Condor Investments, Inc. location: East side of High Ridge Road, approximately one-half mile south of High Ridge Road Description: Request to amend the Future land Use map of the Comprehensive Plan from low Density Residential to Public and Governmental/Institutional and rezone from Planned Unit Development (PUD) to R-l AA, Single Family Residential Michael Rumpf made the presentation. In February, 1995, a master plan modification was approved for the Cedar Ridge Estates PUD located immediately south of the lake Worth Christian School. Part of the master plan modification request included deletion of the subject property from the PUD. Approval of the master plan modification was subject to rezoning of the subject property from the PUD to an appropriate zoning district for assembling the property with the school property to the north for expansion of the school's facilities. This request will rezone and reclassify the subject property consistent with the remainder of the school property. 2 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 11, 1995 2. Allow wholesale of tropical fish in the M-l zoning district - This is currently in process before the City Commission Because of a recent State law change regarding advertising of zoning code changes, these two items will be readvertised. First reading of both of these zoning code changes will take place at the next City Commission meeting. 3. Zoning code change to delete the distance requirement for second-hand and not-for-profit used merchandise stores The City Commission decided to go with the recommendation made by the Planning & Development Board to change the distance only in the C-4 district. That change resulted in the City having to readvertise. First reading will occur at the next City Commission meeting. Outpatient Properties - This item was removed from the table and approved subject to staff comments. The unity of title issue was worked out through a special agreement which was acceptable to the City Attorney. A condition was added requiring additional shielding of the parking lot lighting, and the City Commission has required the construction of a buffer wall along the entire length of the west property line; however, it can be prefab (masonry rather than CBS). B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modi fications Mr. Beasley pointed out that with regard to Golfview Harbour, the report states that staff approved installation of a green vinyl chain link fence. Mr. Beasley reported that the fence installed is a chain link fence. It is not green vinyl. Chairman Dube said the descriptions listed are the requests which were submitted. The descriptions do not indicate what staff approved. He feels this practice is very confusing and requested that future reports be amended so that the report contains the approved items. Mr. Rosenstock requested that this report be corrected so that the members can see what has been accomplished as opposed to what was requested. 6. OLD BUSINESS: None 3 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-414 TO: Al Newbold Deputy Building Official FROM: Michael E. Haag zoning and Site Development Administrator DATE: August 9, 1995 SUBJECT: Transmittal of Development Orders Accompanying this memorandum you will find documents regarding development plans that have received final determination. 1. Proj ect Name: Type of Application: Planning and zoning Department File No.: Staff Report and Comments: Control Plans: Color Elevation Drawings: Board of Adjustment Approval: Planning and Development Board Approval: City Commission Approval: Resolution No. : Ordinance No. : Outpatient Properties, Inc. Major Site Plan Modification MSPM 95-001 7 pages 2 sheets N/A 7/11/95 meeting minutes 7/05/95 meeting minutes N/A N/A MEH:arw Attachments 8:Trsllt'ln.xxx Outpllt,a9S MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 5, 1995 portion of the agenda closed. VIII. DEVELOPMENT PLANS Those intending to testify under Development Plans were sworn in by City Attorney Cherof. A. Project Name: Agent: Owner: Location: Outpatient Properties, Jnc. Wayne E. PuIs Outpatient Properties, Inc. Southwest comer ofS.W. 23rd Avenue and Seacrest Boulevard Major Site Plan Modification: Request to amend the previously approved site plan to construct a surplus parking facility on a parcel adjacent to the Outpatient Center of Boynton Beach. Description: Greg Kino of Boose, Casey & Ciklin, attorneys for Outpatient Properties, Inc., advised that the Outpatient Center, which provides outpatient medical services, was constructed in 1994 on the comer of Seacrest Boulevard and S. W, 23rd Avenue. The facility met all the code requirements for parking in 1994, but it bas since been found that during certain peak hours the parking demands have exceeded the City's parking requirements. Parking needs to be close to the facility because of the nature of clientel. Therefore, 17 additional parking spaces for employees only are being proposed directly across the street. In December of last year, the applicant received the City's approval for these temporary parking spaces. However, because the applicant did not meet the minimum lot depth, a variance was needed. The variance was granted conditioned upon meeting all the code requirements for a permanent parking facility even though this is a temporary parking facility. The applicant has plans to develop that comer for additional medical offices two or three years from now. However, the applicant is attempting to meet all the permanent parking requirements at this time. Mr. Kino believes that the unity of title issue mentioned in the staff report was addressed to the City Attorney's satisfaction by providing a parking covenant that states that the applicant will not use the parking for anything other than employee parking. In addition, the parking must meet the current standards at the time the property is redeveloped. Mr. Kino stated that the medical center closes at 4:45 p.m. He felt there was no need for lighting and that it would have an adverse impact on the properties to the west. He stated that City staff 12 ~;. MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 5, 1995 suggested putting up a temporary gate and "no trespassing" signs so that no one parks there in the evening and if they do, the City or property owners have the ability to tow the vehicles. He felt the lighting is not really appropriate at this time and pointed out that it would have to be removed when the site is redeveloped on a permanent basis. With regard to the buffer, Mr. Kino advised that this property abuts a residential area to the west. The rear property line is about 272 feet. It is in the C-l district and the code allows either a 6 foot wall or a vegetative butTer at least 2 feet high. He pointed out that office uses are traditionally less intense. He advised that the parking area is limited to about 73 feet where it abuts the residential property to the west. He felt that is where the impact is going to be. The rest of the site is going to be drainage area that will be landscaped and sodded. The only other development will be a paved driveway which runs parallel to Seacrest Boulevard. There is approximately 72 feet between the residential property line and the paved driveway. He suggested putting a 6 foot wall just to the extent that the parking lot abuts lot 23, which is a 101 foot lot. For the remainder-of the property that abuts the draioage area, he suggested screening. At the time the site is redeveloped, a wall could be put in. He stated that there are no impacts to lots 24 and 25 at this time. Cocoplum will be planted along the balance of the property line and on the south side of the parking area that would saeen the rest of the residential properties from the parking lot. There will be little activity on the site. The parking lot will be used by employees only. There will not be a lot of traffic going in and out. Currently, the residential properties do not have any fences except for the one where the applicant proposes to put the wall. Therefore, there is not a lot of impact from Seacrest Boulevard. Mr. Kino said that staff'suggested the applicant continue the wall that was started on the south end of the property. He circulated a brochure and proposed using a preformed wall that will match the style and texture of the existing wall. A prefonned wall would cost half of what a concrete wall would cost, and Mr. Kino felt it would look better than a plain, flat wall. He pointed out that there is no relief on the existing wall and that the preformed wall would have a cap on it and some texture. Tambri Heyden, Planning and Zoning Director. stated that the applicant has given a very thorough description of what the request entails. She advised that an agreement has been submitted to the City Attorney to address the unity oftide issue, and that the City Attorney has found it acceptable. Therefore, comment number 2 of the PlaDning and Zoning Department Memorandum can be excluded. 13 MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA \ JUt Y 5, 1995 Ms. Heyden stated that lighting can be shielded and often is when a project abuts residential. She felt the issue of lighting can be resolved through shielding. She pointed out that the employees will be arriving very early in the morning and it is dark at this time during the winter. She stated that the parking lot should be lighted not just for the sake of the employees, but also for security purposes in the evening. Ms. Heyden felt the wall should match the existing wall. In response to Mayor Taylor, she advised that the existing wall is CBS. Robert Foot, 2400 S. W, 1st Street, submitted a letter from himself and his wife, attached to which were petitions signed by 43 neighbors concerning this development. He felt the property should be developed properly and immediately. He said the property has been used on a temporary and unsightly basis and it is time that the property was properly developed. He felt the application was incomplete. It does not show the paving that will be used, the elevations for the paved area, and the percolation area relative to the paved area. The plans submitted do not include the wall that will be used. The applicant is proposing that a piece meal wall approach be used; a wall that might go passed the back of his home, which is 83 feet wide. He said his neighbors need this wall as much as he does. He stated that the headlights from cars arriving early in the morning will shine into his neighbors' homes. He questioned the drainage. He said we do not know if the wall that the applicant wants to put up can be matched when the rest of the property is developed. The appearance of the wall was important to him. He felt the proposed wall is flimsy and wondered if it would hold up during a hurricane. He felt a number of issues have not been properly addressed. He requested that the City think of the attractiveness of the wall that might be put there and the values of a continuous wall to the neighborhood and site. Mr. Jordan, 2410 S.W. 1st Street, felt the existing wall should be continued before anything else is done. Cecil Fultz, 147 S.W. 24th Avenue, felt the temporary parking facility should be beautified and brought up to standards as soon as possible. He did not think a gate would look good. He felt the wall and lights should be put in to provide privacy and security. He pointed out that anyone could go through a hedge or a flimsy fence. He asked the Commission to do what is best for the community . Mr. Kino stated that the application is complete. The elevations are shown on the survey which was part of the application. The percolation area is shown on the site plan, which was submitted along with the drainage report. There is adequate drainage on the property. The type of paving 14 yo MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 5, 1995 is shown on the site plan. He felt the issue of the lighting was valid. He stated that the wall is hurricane approved. The concrete and colors are mixed so the paint will not fade Like the existing wall. A cap rail oould be put on the wall. The same look can be obtained by this preformed wall. If a preformed wall is approved, the applicant can afford to do the whoLe length at this time. A concrete wall cost about $30,000 and the applicant cannot afford to do that at this time. nt: felt the preformed wall is a better product. In response to Mayor Taylor, Mr. Kino advised that the wall would be 270 feet. The parking area is about 70 or 80 feet and the rest is the drainage area that goes out 70 feet before reaching the driveway on Seacrest Boulevard. Vice Mayor Bradley felt it was important to use shielded lighting. He wondered if the applicant would agree to install the wall in such a way that if it needed to be extended or replaced, it would end up looking uniform. He had no objection to allowing the preformed wall just as long as it is as strong as CBS block. Commissioner Jaskiewicz was not in favor of installing the fence piece meal. Also, she was not in favor of gating the parking lot. She felt it would be unsightly and unsuitable. In response to Commissioner Rosen, Mr. Kino stated that the wall would be 270 feet and abut the existing wall. It would be 6 feet high and would match the height of the existing wall. In addition, a cap can be put on it. Mr. Foot stated that the code specifies a CBS wall. Mayor Taylor definitely wanted lighting in the parking lot for security reasons. He was in favor of the wall going the whole length. Looking at the brochure, he felt the wall looked very adequate. He felt a fence would look very poor and it would be premature to install one at this time. Mayor Pro Tern Matson asked if the code stipulates that it must be a CBS wall. Mr. Kino advised that the code requires a stucco/masonry wall. It does not state concrete block or stucco/CBS. City Attorney Cherof advised that the Land Development Regulations call for a solid, stucco, masonry wail Mayor Pro Tern Matson was in favor of continuing the wall. 15 ~ MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JULY 5, 1995 Motion Vice Mayor Bradley moved to approve the development plans for Outpatient Properties, to include staff comments, shielded lighting, a masonry wall that is tongue and groove and would run the entire length of 273 feet, and the City Attorney's documents regarding the parking covenants to deal with the unity of title issue.,. There is to be no gate, and the issue of the cap will be worked out with the homeowners. Mr. Foot suggested using a cap. Commissioner Rosen seconded the motion which carried 5..0. B. Project Name: Knuth Road PCD CITY COMMISSION WILL BE CONSIDERING A MOTION TO RESCIND ONLY Agent: Kieran Kilday Location: Southwest comer of Knuth Road and Boynton Beach Boulevard Description: Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption. Motion Commissioner Jaskiewicz moved to rescind this item and place it on the agenda for the next meeting. Mayor Pro Tem Matson seconded the motion. Kieran Kilday advised that the representatives of the Homeowners' Association were planning to attend the City Commission meeting at which this matter will be reconsidered. However, because of a conflict, they requested that this matter be scheduled for the first City Commission meeting in August. The Commission agreed to place this item on the agenda for August 1st; however, Vice Mayor Bradley will be on vacation at that time. The motion carried 5-0. c. Request to modify previously approved master plan to establish setbacks for ~l~ 16