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Minutes 10-11-88MINUTES OF TEE PLANNING AND zONING BOARD MEETING MELD AT pRIME BANK PLAZA, 211 sOUTH FEDERAL HIGHWAY, Bo~TON BEACH, FLORIDA, TUESDAY, oCTOBER 11, 1988 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, vice Chairman Marilyn Huckle Martin Jackier Daniel Richter Walter M. Trauger Robert Wandelt Jose Aguila, Alternate Gary Lehnertz, Alternate Carmen A~nunziato, Planning Director Jim Golden, Senior City Planner Tambri Heyden, Assistant City Planner Chairman Walshak called the meeting to order at 7:30 P. M. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS After the Pledge of Allegiance to the Flag, Chairman Walshak introduced the Planning Director, members of the Board, members of the Planning Department, the Recording Secretary, and acknowledged the following people who were present in the audience: Mayor Ralph Marchese; Vice Mayor Ezell Hester~ Commissioner Robert Olenik, Jr.~ Commissioner Arline Weiner~ Nick Cassandra, Former Mayor; Peter L. Cheney, City Manager; Ann Tone¥, Assistant to the City Manager; johnnetta Broom~ield, Director of Community Improvement; Simon Ryder (past Chairman of the Planning & zoning Board); Lee wische, Member of the Parks and Recreation Board; Pearl Wische, Member of the Community Appear- ance Board~ Sam Scheiner, former Vice Chairman of the Community Redevelopment Agency; and Marvin Greenhut, Member of the Community Relations Board. APPROVAL OF MINUTES OF SEPTEMBER 13, 1988 On the last page (40), Mrs. Huckle said she was referring to the mango property and not the mangrove property. She moved to ~pp~ve the minutes as corrected, seconded by Mr. Blanchette- Motion carried 6-0. Dr. Jackier abstained from voting, as he was not present at the meeting. ANNOUNCEMENTS None. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 COMMUNICATIONS None. OLD BUSINESS A. PUBLIC HEARINGS (CONTINUED FROM SEPTEMBER 13TH MEETING) ABANDONMENT Project Name: Agent: Owner: Location: Legal Description: Description: Kentucky Fried Chicken Siteworks Architects & Planners, Inc. Anthony Mannino East Boynton Beach Boulevard at N. E. 1st Street, northwest corner That certain 14' alley lying North of, adjacent and abutting to Lots 21, 22, 23 & 24 inclusive in Block 1 of SHEPARD FUNK ADDITION, as recorded in Plat Book 1, Page 15, Palm Beach County, Florida Request for the abandonment of a four- teen (14) foot wide unimproved service alley. PARKING LOT VARIANCE 2. Project Name: Agent: Owner: Location: Legal Description: Description: Kentucky Fried Chicken Siteworks Architects & Planners, Inc. Anthony Mannino East Boynton Beach Boulevard at N. E. 1st Street, northwest corner Lots 21, 22, 23 and 24, Block 1, SHEPARD FUNK ADDITION, as recorded in Plat Book 1, Page 15, Palm Beach County, Florida, less the East 10 feet of said Lot 24 and less the right-of-way for State Road 804 (Boynton Beach Boulevard) Request for a variance to Section 5-142[h) (3) "Driveways" of the Parking Lot Regulations CONDITIONAL USE Project Name: Agent: Owner: Location: Kentucky Fried Chicken Siteworks Architects & Planners, Inc. Anthony Mannino East Boynton Beach Boulevard at N. E. 1st Street, northwest corner MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Legal Description: Description: See Description for "PARKING LOT VARIANCE" above. Request for conditional use and site plan approval to construct a 2,357 square foot (50 seat) restaurant with drive-thru facilities on .56 acres NEW BUSINESS PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT/REZONING Project Name: Agent: Owner: Location: Legal Description: Description: Kentucky Fried Chicken Siteworks Architects & Planners, Inc. City of Boynton Beach East Boynton Beach Boulevard at N. E. 1st Street, northwest corner ~%e North 7 feet of that certain 14 foot alley lying North of, adjacent and abutting to Lots 21, 22, 23 & 24 inclusive in Block 1 of Shepard Funk Addition to the Town of Boynton Beach, as recorded in Plat Book 1, Page 15, Palm Beach County, Florida Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Medium Density Residential" to "Local Retail Commercial" and rezoning from R-2 (Single and Two Family Residential) to C-3 (Community Commercial) for the purpose of abandoning and utilizing a portion of a platted fourteen (14) foot wide unimproved service alley for access and buffering in connection with Conditional Use approval for a drive-thru restaurant As there were four applications, Mr. Golden planned to include all four requests in his presentation. He said the restaurant building will front on Boynton Beach Boulevard, and a 25 foot greenbelt is proposed along the right-of-way, which is based on Urban Design's plan for Boynton Beach Boulevard. Mr. Golden read about access to the site, the proposed driveway, and the parking from the memo dated September 21, 1988 from Mr. Annunziato to the Board attached to the original copy of these minutes in the Office of the City Clerk as Addendum A-6. He said MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 there is an opening in the buffer wall of the parking lot to pro- vide access to the remaining portion of the alley, which lies west of the site and which is not proposed to be abandoned. Mr. Golden also read about the dumpster and height of the building from this memo. With regard to the abandonment, Mr. Golden read from Mr. Annunziato's memo dated September 23, 1988, which was addressed to the Board. Said memo is attached to the original copy of these minutes as Addendum A-7. If abandoned, the City Engineer recommended that the appropriate easements be dedi- cated and/or the utilities relocated. The Acting Director of Public Works recommended that the alley not be abandoned. However, he informed Mr. Golden that, if necessary, the dedication of an easement to the property would be accept- able. The Director of Utilities has no objection to the abandonment, provided the utilities are relocated and new easements dedicated. Concerning the parking lot variance, Mr. Golden read the memo addressed to the Board from Mr. Annunziato, dated September 19, 1988 and attached to the original copy of these minutes as Addendum A-4. The memo included the Technical Review Board's recommendation that the variance be denied and the reasons for the recommendation. With reference to the conditional use application, Mr. Golden read Mr. Mr. Annunziato's memo dated September 21, 1988 (Addendum A-6 attached to the original copy of these minutes). Said memo included the standards used for eva- luating the conditional use and the applicable Comprehensive Plan policies. The Planning Department recommended that the request for Conditional Use approval be denied, and Mr. Golden read the "Conclusion/ Recommendation" also contained in the memo. Mr. Golden pointed out that there were further comments concern- ing traffic and design issues in the memo from the Director of Community Improvement dated September 14, 1988 and attached to the original copy of these minutes as Addendum A-~8. With respect to the land use amendment and rezoning, Mr. Golden read the issues concerning the approval of the application from Mr. Annunziato's memo dated September 23, 1988 attached as Addendum A-7 to the original copy of these minutes. On page 3 of the memo, he said the portion of the sentence that was deleted at the top of the page should read, ."placing a drive- way at this location would exacerbate traffic conditions in the vicinity. ." The Planning Department recommended that - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 commercialization of this parcel not be allowed and that the application for amending the Future Land Plan to "Local Retail" and rezoning to C-3, "Community Commercial", shOuld be denied. Mr. Golden stated that the traffic statement prepared by David Plummer & Associates, Inc., Palm Beach Gardens, did a good job of describing the situation at that intersection. Questions by Board Members Mr. Richter asked Mr. Golden to explain why they would not want access to the alley or to have it paved. If they were to utilize the alley as an alley and pave it, Mr. Golden said they would have to construct a buffer wall on the south side of the alley and provide driveway openings onto the alley. The alley is only 14 feet and would only allow one way traffic flow. People would be coming in and going out. Without that additional area, it would allow for less parking on the main site. Vice Chairman Blanchette called attention to a six inch water line that would have to be replaced. There were so many nega- tives from the TRB that he felt it would be difficult to put almost any use iR with an entrance onto Boynton Beach and one on the other street opposite the car wash entrance outside of possibly an office building. Vice Chairman Blanchette alluded to the number of empty office buildings in the City and stated that in essence, he felt Mr. Golden was saying the property cannot be used. If you look in the context of the Urban Design plan for the Boulevard, Mr. Golden replied that the property would be developable. The idea of the proposed plan would be to take a full block (i.e. from Seacrest Boulevard east to 1st Street), assemble properties within the block, and redevelop them so there would be continuous buildings with a row of parking on both sides from the rear. As it stands now, it could probably be developed for a less intense use that requires less parking. In the event that the conditional use is not approved and the applicant would still like to have a restaurant which is clearly zoned for the resulting drive-in facility, Mrs. Huckle asked if it would be the feeling of the Planning Department as far as the situation and traffic hazards just for a restaurant without the drive-in facility. Mr. Golden answered that it might be reduced, but he thought the turning movements might still create a problem there. Mr. Richter noted that it was also mentioned in the traffic study that the new municipal parking garage is going to have traffic at that intersection. It is frightening if the City's - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 fire engines cannot get out of their garage because of traffic. Then the response time would be way down. In Mr. Richter's mind, that was one of the big concerns as far as traffic. If a signal was constructed by the time the restaurant opens, Mr. Golden felt it would alleviate some of the problems. He ques- tioned whether it would be determined to be warranted by the County Traffic Engineer when the restaurant opens. Other factors may enter into the decision as to whether or not a signal will go at that location, and Mr. Golden gave examples. Col. Trauger referred to McDonald's using a double lane driveway. Mr. Golden responded that McDonald's had two windows. Col. Trauger wondered if zhis was the same basic principle (speed up traffic to the back). He questioned whether it would create a greater traffic impact, as it would stack cars up because of the shorter difference. Mr. Golden believed that they only had one menu board and one window here. Judging from other restaurants of that type around the County and in the City, Vice Chairman Bianchette interjected that they do not get that kind of volume. The only one he could recall that has a large stack up line is Burger King on Congress Avenue in Lake Worth. Col. Trauger said there were four ma]or impediments to this, and he thought the City would be at risk approving this use on a tiny lot across from City Hall. Vice Chairman Blanchette felt the applicant had marketing experts who developed this and who had expertise in knowing what they were doing. Chairman Walshak referred to the glare of lights that would affect the residents there and the noise this would generate. He thought maybe the Board was at fault a little bit for allowing the property to remain in a Community Commercial type of situation. After reading the contents of the agenda packet, Chairman Walshak did not think anything allowable in a C-3 area could go in there, and he thought whoever owns the property had a serious problem as far as the zoning was concerned. Mr. Golden pointed out that a site plan for a strip shopping center was previously approved on this property several years ago. Mr. Wandelt felt a strip shopping center would have the same problems this would have. There were further comments. Craig Livingston, Architect, Siteworks Architects & Planners, Inc., 1301 North Congress Avenue, Suite 300, was representing Juan Gavilan of Delray Beach, who proposes to construct the restaurant. Mr. Livingston said the existing vacant lot, currently zoned Community Commercial, is bordered on the west by an office building, on the east by the Main - 6 - MINUTES - PLAi~NING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Street Car Wash, and on the north by a 14 foot alley. Further to the north are the residences of Mr. Gordon Crowley and Capt. Walter Lyman. Mr. Livingston asked for the Board's favorable recommenda- tion for the conditional use allowing the drive-thru window on the north side of the building and for three additional items: a variance to the parking lot, abandonment of the existing service alley, and the rezoning of the abandoned alley. He wished to discuss each item individually as to its review by the City staff. Variance to Parking Lot Mr. Livingston told the Members they are requesting to construct a curb cut along the north side of Boynton Beach Boulevard, approximately 158 feet west of the intersecting rights-of-way lines of Boynton Beach Boulevard, and they are 22 feet short of the 180 foot dimension. This poses a hardship on his client, in that his total property length is only 185 feet. Mr. Livingston called attention to page 2, ~1 in Mr. Annunziato's memo of September 21, 1988 (Addendum A-6 attached to the original copy of these minutes) and stated that the memo indicated potential stacking problems with the cars lining up for the car wash. Their proposal of pro- viding the right turn in, right turn out, was in response to this potential problem. Mr. Livingston was interested in finding out the car wash's peak hours because Mr. Gavilan said he will provide additional staff at his restaurant at peak hours to avoid any increase to the car wash traffic. It was Mr. Livingston's opinion that allowing a 158 foot right turn in and right turn out would be more amenable to the City than putting all traffic out onto 1st Street. Abandonment of 14 Foot Wide Alley Mr. Livingston referred both to Mr. Annunziato's memorandum of SePtember 21, ~988 (Addendum A-6, page 1, (1)) and to the colored photograph of the alley which he provided. Mr. Annunziato's memo referred to an unimproved service alley which is an eye sore and a maintenance task for the City departments. Mr. Livingston's client proposed to take over the alley at no cost to the City and to incorporate it into his property, pave it, light it, and landscape it in accordance with all of the City Codes and Ordinances and to MINUTES - PLA/{NING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 grant any and all easements the City departments and utility companies require. Mr. Livingston stated that Mr. Annunziato's memo of August 11, 1988 to Sue Kruse, Deputy City Clerk (Addendum A-3 attached to the original copy of these minutes), included a memorandum and letters from John Guidry, Director of Utilities, and Tom Clark, City Engineer, (Addenda A-1 and A-2 attached to the original copy of these minutes.) Attached to Mr. Clark's letter were letters from the utility companies stating the following: Kahart Pinder, Traffic Planner, David Piummer & Associates, Inc., 901 North Boynton Parkway, West Palm Beach, wished to go over a couple of items, some of which had been overlooked in the discussion: Southern Bell: "This is to advise that Southern Bell has telephone facilities located in the subject right-of-way and is opposed to an abandonment but would be amenable if an easement is granted that would cover the location of our facilities." Florida Power & Light Company: "We have reviewed the referenced request to abandon the 14' wide alley at the above location. Presently, we have an overhead electric line located in this alley. We have no objection to the abandonment if a 12' utility easement is granted to Florida Power & Light Company, to protect the existing facilities." Florida Public Utilities Company: In reply to your letter of August 11, 1988, we wish to advise that Florida Public Utilities Company has no objection to the abandonment of the alley right-of-way lying north of and adjacent to the north line of Lots 21 through 24 of Block 1 of the Shepard-Funk Addition to the City of Boynton Beach. At the present time, we have no underground gas distribution facilities located within the above described alley right-of-way." Comcast Cablevision: "Comcast Cablevision of West Palm Beach has aerial cable attached to Florid Power & Light line on north side of alley. Comcast does not wish to abandon." pole Mr. Livingston apprised the Members that Comcast originally objected to abandonment in the letter of August 17th. How- ever, Mr. Livingston advised Comcast that the applicant would provide an easement for their cable, and Comcast is - 8 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 forwarding their acceptance, by letter, to Tom Clark, City Engineer. Mr. Livingston said they are also taking seven feet of the alley and providing an additional landscape buffer to the residential properties to the north Mr. Livingston again referred to Mr. Annunziato's memo of September 21 ("2" on page 3 of Addendum A-6) and noted that it stated that the six foot high concrete block wall on the north side of the property would block glare from automobile headlights. There was, however, an additional comment that glare would shine over the six foot wall into the adjacent neighborhood. Mr. Livingston proposed that the applicant would provide additional landscaping such as closer spaced trees for an additional buffer. There was a concern that the audio station for the drive- thru lane would be plainly audible for up to 200 feet from the site. Mr. Livingston advised that they contacted the manufacturer of the audio equipment, wh~o advised them that the decibel reading at the recommended level was 74 decibels, and it has an adjustable output level that can be turned down. The speaker is 62 feet from the nearest property line, and they feel the speaker will not be audible at this distance. Mr. Livingston pointed out the following with regard to Mr. Annunziato's memo of September 21 (Addendum A-6): Item 5, page 3, states that the proposed screening, buf- fering, and landscaping exceeds the requirements of the zoning and landscape regulations respectively. Item 8, page 4, states that the setbacks exceed the require- ments of the zoning regulations. Item 10, page 4, states that the proposed restaurant, if approved, may result in increased property values for these lots for commercial redevelopment, which Mr. Livingston said they feel is consistent with the proposed Urban Design plan for Boynton Beach Boulevard and will provide for commercial redevelopment for the entire block on the north side of Boynton Beach Boulevard. With regard to changing the zoning of the alley to be con- sistent with the site to the south, Mr. Livingston stated it was their opinion that the building's relationship would not MINUTES - PLAI~NING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 be altered by the inclusion Of the alley zoning and would not create any hardship or undesirable condition. Mr. Livingston made the following comments with regard to Mr. Annunziato's memo of September 19th (Addendum A-4): He read item 1 from page 1, and said the applicant disagreed with the TRB's opinion because they are proposing only a right turn an, right turn out along Boynton Beach Boulevard, which is in the identical traffic pattern that exists now. Further, it is their intention to provide a .fully signalized light at the intersection of Boynton Beach Boulevard and 1st Street, which would be controlled by the Fire Department and the Police Department as it is controlled presently. After reading items 2 and 3 of said memo, Mr. Livingston noted that item 3 conflicted with item 2. In preparing the site plan for the project, he felt they had complied with both the intention and the spirit of Urban Design's plan for Boynton Beach Boulevard, which he acknowledged has not been fully adopted. It is the applicant's intention to accommodate this plan to help the City in formulating future growth. In order to mitigate the dilemna regarding the schedule of improvements (light, landscape, and medians), Mr. Livingston proposed posting a bond satisfactory to the City to ensure this work is performed if warranted. (1) It had been said that the proposed driveway should be 180 feet from N. E. 1st Street. The hardship had been pointed out, but Mr. Pinder said the point needed to be made that as you drive along Boynton Beach Boulevard, there are two existing driveways on the site today. The applicant is proposing to consolidate the existing two driveways, for which permits are not needed, and put all of the traffic into one location by using the Boulevard. (2) Another comment was that there would be a lot of traffic on N. E. 1st Street. If you have one driveway on N. E. 1st Street and none on the Boulevard, Mr. Pinder pointed out all of the traffic will then go on 1st Street. They are trying to accommodate the movements that need to be made to and from the site and put traffic on both the Boulevard and 1st Street to try and eliminate some of the conflicts that would occur because of existing conditions. Mr. Pinder alluded to how they had looked at the traffic, etc. in the area and stated that if you look at existing - 10- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 conditions, the traffic movements on N. E. 1st Street are constrained except for long delays trying to make left turns out of there. It makes a lot of sense because Boynton Beach Boulevard is the main road. Mr. Pinder explained that you want that traffic to move. Therefore, you are penalizing people trying to turn left to and from with the stop control that exists today. Mr. Pinder stated that they propose that a traffic signal be installed at that location that would control the through and turning movements of the Boulevard as well as 1st Street. The signal would have to be connect- ed to the existing signal at Seacrest Boulevard and the railroad signals by U. S. 1 and the Boulevard to provide the preemption devices in the fire station, so they can control that operation during an emergency. Mr. Pinder explained how the Fire Department's vehicles could get out of~their driveway and how the traffic would already be cleared out of the intersection. Traffic by the railroad could be stopped in time so that it would not cue back through the intersection like it does today without the proper control. Mr. Pinder stressed that their traffic will be on 1st Street, using the intersection, and it will not be cuing in front of the fire station. The purpose of the signal is to improve the operations of the Boulevard and to provide better access in emergency situations for the Fire station. Questions Chairman Walshak understood that the directional signal at N. E. 1st Street and Boynton Beach Boulevard would have to be decided by the County. He asked if an applicant could come in and offer to pay for a light. Mr. Annunziato answered, "No." If the proposed traffic plus the existing traffic triggered a threshold which would warrant a traffic signal, Mr. Annunziato said it would be fine. The traffic signal is not presently warranted. Mr. Pinder brought up the fact that there are 11 signals, not all of which are based on traffic volumes. From the standpoint of safety, irregardless of what happened to this application, Chairman Walshak thought it would be a good idea to have a traffic signal there simply for the emergency vehicles. Mr. Annunziato informed him that the present blinking light turns red on Boynton Beach Boulevard when it is triggered by the Fire Department. Mr. Pinder commented that the light turns red to stop traffic on the Boulevard, but it does not give the traffic in front of the station a green indication to clear. 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Vice Chairman Blanchette asked what the approximate time would be to get this light installed. He knew they were talking about over a year, and he explained. Mr. Pinder answered that they would have to go through warrant studies, safety issues, traffic and accident patterns. The Depart- ment of Transportation (DOT) would have to give the final approval, since it is a State road. Mr. Pinder estimated it could probably be done in less than a year, if everything goes well. He had already talked to the County about it. The County indicated a willingness to participate in it. They feel additional equipment would need to be put at the Seacrest intersection because of the control. Verbally, the County had indicated that. Mr. Pinder thought they were lookin~ in the neiqhborhood of $70,000 to $75,000, but he was not sure it would run that high. There were further comments. Mr. Annunziato asked if any of the 11 warrants had been deeded, which would permit the City to install a traffic signal at an intersection, ~n connection with the County and the State. As far as the warrants of the traffic volumes, Mr. Pinder replied that all of the traffic volumes would be at the build out of the project, which would be in about 18 months. At that point and time, the volumes on the Boulevard will meet and exceed the warrants for a signal. The side street will not. However, all of the warrants are not based on traffic. Accident patterns would have to be investigated, and Mr. Pinder explained. He stated that he had not looked at all of them. Mr. Annunziato's point was that there was no guarantee that there would be a traffic signal at that intersection. Mr. Pinder agreed. Even if it meets the warrant, he said there would still be no guarantee that the signal would ever be in place. DOT says very clearly on the application for a signal warrant that meeting any or all warrants does not mean a traffic signal will be installed or improved. How- ever, the study goes on to say, as it relates to this project, that the amount of traffic generated by this project does not cause any deterioration in the level of service of the operations along the Boulevard or on 1st Street. When Mr. Pinder talked to the Fire Department and the Police Department, they both had the same comment. They were concerned about getting out of 1st Street. Mr. Pinder stressed that a signal there will facilitate getting out of the fire station, etc., and continuing in any direction they want to go in. Mr. Annunziato agreed. - 12 - MINUHES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Mr. Annunziato referred to Burger King, which has been there six, seven or eight years. One of the original comments was that a traffic signal would be provided. Practically every year, the County has been requested to do warrant studies addressing all of the issues Mr. Pinder raised. With the installation of Publix, the County has now considered that the warrants have been exceeded, and the request is before the State for consideration. The point Mr. Annunziato was making was that getting a signal is not an easy thing to do. He felt that should be kept in mind. Mr. Pinder further pointed out that all of the research has shown that half of the traffic that comes to and from a fast food restaurant is traffic that is already there. A lot of it is an impulse situation by people driving by, so it is not creating new traffic. A retail facility is 30% to 40%, whereas, a restaurant is 50%. Mr. Livingston requested a favorable recommendation from the Board. He stated that Juan Gavilan is the owner and operator of the business. It is a family business. Mr. Livingston said this ~s an opportunity for the City to attract a tax paying and positive direction for Boynton Beach Boulevard and give impact to the urban development plan, such as has been done with Bud's Chicken. In the event the abandonment is not granted, Mrs. Huckle questioned whether this would still be viable as a project. Mr. Livingston answered that it would require substantial reconfiguration to the site plan, and they would end up having a blank wall along the alley. They thought the advantage of having the alley would give the applicant the responsibility and cost of improving it. As the photograph indicated, the alley is a problem and not attractive. It would be an opportunity for the City to get rid of a head- ache and would make the plan more workable. Mrs. Huckle asked if Mr. Livingston thought it would be possible for the project to be viable if the abandonment is not granted. Mr. Livingston replied that anything is possible. Mr. Richter asked whether Mr. Livingston consulted with the homeowners to the north of the property. Mr. Livingston had consulted with them very closely. - 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Chairman Walshak asked if anyone wished to speak in favor of the application. Capt. Walter Harold Lyman0 136 N. E. 3rd Avenue, said the alley is unpaved and has been an eye sore. He complained about the dust and said anything would be better than the way it is. He was favorable to the abandonment 100%. Chairman Walshak determined Mr. Lyman lives directly adjacent to the property in question in the northwest corner, abutting the alley. He asked Mr. Lyman if he would be opposed to the glare that would be there. Mr. Lyman replied that there would be no glare and said Chairman Walshak should see what goes through there now. Chairman Walshak informed him there may be more. Mr. Lyman assured him there would be no glare. A barrier will be created, and they have a hedge barrier. Chairman Walshak asked if Mr. Lyman would mind the additional noise. Mr. Lyman answered, "No." NO one else wished to speak in favor or in opposition to the request. THE PUBLIC HEARING WAS CLOSED. Chairman Walshak read a letter dated September 24, 1988 from Jewel A. Sterling, 121 N. E. 3rd Avenue, which opposed the project because of heavy traffic and being near WINGS. Mrs. Huckle asked if Comcast was going to submit a letter that they will not object to this if another facility is provided. She referred to their letter objecting to the abandonment and asked if a letter reversing their comments had been received. Mr. Golden replied that Mr. Clark indicated that he spoke to their representative, and they will accept an easement for their service. Chairman Walshak pointed out that Comcast hangs on FP&L's poles, and he read the comments from FP&L. Chazrman Walshak drove down the alleyway and observed that they have a dust problem, and it is cramped. He saw a truck making a delivery and he told of having difficulty seeing oncoming traffic. Chairman Walshak thought they should close the alleyway because of visibility. Mr. Richter added that you also have to go to the right or left ~ ~ when coming out to Seacrest Boulevard because of the dumpster behind the Cumberland Farms store. Chairman Walshak asked if the abandonment could be approved without prejudicing any of the other applications. If it - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 was denied, he questioned whether it would affect the whole project. Even though the alley is in poor condition, Mr. Annunziato pointed out that it is used. Chairman Walshak responded that it is like going down an obstacle course because of the ruts. Vice Chairman Blanchette asked if the alley is used by the City. Mr. Annunzlato answered affirmatively and added that to replace that publicly dedicated alley with an easement on what appeared to be private property could change the per- ceived pattern and ability to serve the back of those businesses on Boynton Beach Boulevard. Chairman Walshak argued that the abandonment being requested was only adjacent to the property. Mr. Annunziato pointed out that you cannot get access to the alley from the east, and he confirmed Chairman Walshak's understanding that he was talking about deliveries to the buildings. If the alley is abandoned and an easement is granted over what appears to be private property, it might cause some change in patterns in the services to the buildings east and west of this one. Whether the alley should be improved at this time deserves further study. Chairman Walshak heard something about smell, and he remarked that a dumpster is sitting there now, not too far from a single family residence. Mr. Annunziato informed Mrs. Huckle that it should be a one way alley. If it is ever improved, it would be designated as one way. Mr. Annunziato did not know if it was now perceived as one way. If it were one way, Mrs. Huckle asked if it would automatically be an east to west alley. Mr. Annunziato thought it would depend on the pattern of service and what the Director of Public Works determines to be appropriate. If it were not determined to be east to west, Mrs. Huckle said other buildings in front of the alley could be accessed from North Seacrest Boulevard, going west. It did not appear to Mrs. Huckle that the TRB was coming out very strongly against the abandonment. Mr. Annunziato agreed. Mrs. Huckle further commented. If the abandonment went through, Chairman Walshak felt they would have a definite change in the way the alley is being used. He imagined the residents to the north of the property have a dust problem. Mrs. Huckle asked where the wall would go. Miss Heyden indicated where on the overlay where the wall would be. 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Chairman Walshak felt it would be better than what is there now. He thought the six foot high wall would stop all of the glare from going into the residences. The alley is now being used without any kind of barrier. Mrs. Huckle asked how the value of the purchase of the seven feet from the other property owners would be determined. Mr. Annunziato answered that the City is eot involved in that. Mrs. Huckle ascertained that the City would hand over the proper-ty, to be divided between the abutting property owners. There was discussion about the County's process. Vice Chairman Blanchette noticed that the wall was shown on the north side of the alley. When it is abandoned, he wondered if the alley would be awarded to Kentucky Fried chicken. Mr. Annunziato replied that Capt. Lyman's signature is on the application, so Capt. Lyman must be associated with the deal, or he Offer~ed to transfer his rights to the developer. After further comments, Mr. Annunziato apprised the Members that the plan was telling the Board that Kentucky Fried chicken has arrived at a conclusion with the property owners to the north to place them in ownership at some cost or agreement. Mrs. Huckle inquired whether they had heard from any other people who own property in the north part of the alley. Dr. Jackier was informed that Ms. Sterling was east. Mr. Golden apprised the Members that Gordon Crawley amd Capt. Lyman, owners of two properties on the north side, negotiated a contract for their interests in half of the alley. He informed chairman Walshak that these two proper- ties were the only ones that would have a concern in the abandonment. Mr. Llvzngston presented a letter dated October 11, 1988, addressed to Mayor Ralph Marchese and the City Commissioners and signed by Gordon Crawley and Captain Walter Lyman, which chairman Walshak read into the record. A copy of this letter is attached to the original copy of these minutes as Addendum A-5. The letter stated that Mr. Crawley and Capt. Lyman supported Mr. Gavilan, and they requested that the Commission permit him to construct his building. They felt the project would be a positive impact to the City and would increase the tax base. Motion on Abandonment Vice Chairman Blanchette moved to approve the request for abandonment, subject to all staff comments (Addenda A-1 - 16 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 through A-3) and to the comments from all of the utility services. Mr. Richter seconded the motion, and the motion carried 5-2. Col. Trauger and Mr. Wandelt cast the dissenting votes. Motion on Parking Lot Variance Chairman Walshak asked if anyone wished to speak in favor of or in opposition to the request. There was no response, and THE PUBLIC HEARING WAS CLOSED. Chairman Walshak reminded the Members that almost a year ago, they granted a variance on a building proposed to be built at the southeast corner of Seacrest and 23rd. It was called "Addison", and was the same type of variance this applicant was requesting. There were further comments. Mrs. Huckle moved to recommend denial of seconded by Dr. Jackier. Motion carried for a parking lot variance was DENIED. the request, 7-0. The request Motion on Conditional Use As no one wished to speak in favor of or in opposition to this request, THE PUBLIC HEARING WAS CLOSED. Col. Trauger moved that the request be denied, seconded by Mrs. Huckle. Motion carried 7-0. The request was DENIED. Discussion on Land Use Element Amendment/Rezoning No one wished to speak in favor of or in opposition to this request, and THE PUBLIC HEARING WAS CLOSED. Chairman Walshak commented that the Comprehensive Plan says this is definitely a C-3 zoned area. The Board just voted on the abandonment. In light of the fact that they voted to okay the abandonment, Chairman Walshak thought they should tie the main parcel with the abandonment parcel. He again read the description of the request and reiterated his prior statement. Mrs. Huckle noted that the TRB recommended denial of the request on the basis that it would be inconsistent with the Comprehensive Plan policy. Chairman Walshak did not see how it could be inconsistent when the property the Board voted to abandon it to is C-3 Commercial. Former Chairman Ryder reminded the Members that they had denied the Conditional Use. Mr. Golden guessed one way to - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 look at it was that part of the purpose for rezoning the north 7 feet of the alley, if abandoned, was to get the two way driveway into 1st Street, which would place additional traffic at the intersection and would violate the Compre- hensive Plan policy. He explained how everything was intricately related and commented that it was difficult to remove different aspects. Chairman Walshak questioned how they could recommend approval of the abandonment and deny approval of the land use change. There was discussion. If they recommend abandonment and tie it with one piece of C-3, Chairman Walshak wondered if they would get some additional response on what could be done with the property by the time it gets to the City Commission. Mr. Annunziato thought the Commission would benefit from the Board's discussion, regardless of the motion. The motion will not be the key. The critical element will be what the Commission will do with the packet of requests made by the applicant. Judging from what he heard, Mr. Annunziato a~dv~sed that he Would not be concerned about trying to tie this in with the abandonment, and he elaborated. Mr. Annunziato further advised that what would not be related was the parking lot variance which was denied 7-0. There will be no driveway on Boynton Beach Boulevard, which, at the minimum will mean someone will ha~e to redesign the site. Chairman Walshak understood the P~Z Board had quasi- jiudicial authority as far as that was concerned. He was saying it may benefit the property owner if they recommend approval, and he remarked that they were only talking about s~even feet. Mr. Annunz~ato thought the ~iscussion toniqht made it clear that there would be a dire~t benefit by tying the two properties together. Re'.gardless of the motion, he thought that discussion would supersede. Mrs. Buckle did not think it would be a bad idea to give the seven feet a Commercial designation because the majority of the property is Commercial, and utilizln~ the property will be a problem for anyone who owns it or tries to develop it. She thought it would be of benefit to everyone concerned if the request for rezoning was approved and the land use amend- ment to that additional seven feet. Chairman Walshak and Mr. Wandelt agreed. After further comments, Vice Chairman Blanchette stated that the applicant could come back with another design. - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Motion re Land Use Element Amendment/Rezoning Mrs. Huckle moved to grant the request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Medium Density Residential" to "Local Retail Commercial" and rezoning from R-2 (Single and Two Family Residential) to C-3 (Community Commercial) for the purpose of abandoning and utilizing a portion of a platted fourteen (14) foot wide unimproved service alley, subject to staff comments (Addendum A-87). Mr. Wandelt seconded the motion, and the motion carried 7-0. THE BOARD TOOK A BREAK AT 9:15 P. M. The meeting resumed at 9:25 P. M. OLD BUSINESS B. SITE PLANS SITE PLAN MODIFICATION (TABLED 9/13/88) Project Name: Agent: Owner: Location: Legal Description: Description: Cross Creek Centre Steve Rhodes Cross Creeek Centre Associates West Boynton Beach Boulevard at the L.W.D.D. E-4 canal, northwest corner See "Addendum B" attached to the original copy of these minutes Request for approval of an amended site plan to allow for an elevation change to the commercial building Mrs. Huckle moved, seconded by Vice Chairman Blanchette, to remove this item from the table. Motion carried 7-0. Mr. Annunziato explained the request. The TRB recommended approval of the request as submitted. Mr. Annunziato reminded the Board that they had requested that the owner appear at this meeting, and the matter was tabled last month, based on that action. The owner and his Architect were present. Eugene Lawrence, Architect, The Lawrence Group, 205 Worth Avenue, Palm Beach, FL 33480, was representing the owner. So far as the application for the amendment (increase in the height of the wall), in light of the other things that are going on, Mr. Lawrence stated that they wished to withdraw that. They also understood there was concern as to the material that had been approved and the material that was in - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 place for the awnings. Chairman Walshak just wanted to hear what was in the application this evening. Mr. Lawrence wanted to explain why the material were as they are to see if the Board had any comments. Chairman Walshak apprised him that the Board's function was to hear applications that were before it, and he read the request of this application. (See "Description" above.) Mr. Lawrence withdrew that application. PARKING LOT VARIANCE 2. Project Name: Agent: Owner: Location: Legal Description: Description: Snyder-Hodes Medical Office Building (formerly Humana Medfirst) George Davis Humdeco, Inc. South side of West Boynton Beach Boule- vard, east of N. W. 7th Street Lots 22, 23, 27, 28 and 29, Block 2, Lake Boynton Estates Request to amend conditions of a previous variance approval which includes roadway improvements to West Boynton Beach Boulevard in connection with Sec. 5-142 (h)(3) "Driveways" of the Parking Lot Regulations Mr. Golden read ~rom Mr. Annunziato's memo to the Board dated September 26, 1988, which is attached to the original copy of these minutes in the Office of the City Clerk as Addendum C-1. He said the plan prepared by Dan Murray, Traffic Engineer, was similar, but it was more detailed than DOT's plan. The applicant is proposing to go with the orig- inal DOT plan and keep the "U" turn with the eastbound con- figuration as opposed to the westbound proposed in February, 1986 by the P&Z Board. The TRB recommended that the request be approved subject to those improvements being constructed prior to the issuance of a certificate of occupancy (C.O.). Mr. Golden informed the Members that those improvements are being constructed now. Vice Chairman Blanchette alluded to the traffic coming out of some of the streets. Mr. Golden did not think any plan could totally address everything that occurs there. Vice Chairman Blanchette referred to Industrial Avenue. Mr. Annunziato stated that no one solution would satisfy every- body. This solution will provide for a safer configuration of intersections along the entire length between newly - 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 constructed Old Boynton Road and 1-95. People who are now attempting to make left turn movements at 7th Street are up against three lanes of traffic coming down the hill from 1-95. The same condition will continue to occur at Industrial Avenue. However, at least for eastbound traffic entering into Industrial Avenue, there will be a DOT regulation turn lane, which will remove traffic from the three through lanes and place them into a turn lane, so you will not have a conflict with the through movements. Those movements for p~ople desiring to go eastbound from 7th Street and 7th Court would l%ave to go west through Laurel Hills and come out onto Old Boynton Road or go west on Boynton Beach Boule- vard to the intersection with 8th Street and Old Boynton Road, where there will be a traffic signal and a turn lane, and they can make a safe "U" turn on a signal, so the situation Would improve. Chairman Walshak pointed out that 1/2 block west of that new intersection, there is a "U" turn lane. Mr. Annunziato advised that it is not a full turn lane configuration, so you are in effect still projecting into the two lanes of traffic for the most part while waiting to make a "U" turn, and he explained. Vice Chairman Blanchette thought it was a State regulation that "U" turns were disallowed in a commercial area. Mr. Annunziato believed the regulation now was that "U" turns are permitted. There was discussion. Mr. Annunziato stated that this would add to the roadway system by reducing the number of turning movements going against traffic, and he referred to DOT making improvements like this. Mr. Golden indicated the location of the drive- way on the overlay. Mr. Annunziato informed the Members that the chances of a traffic signal being installed at Industrial Avenue would be somewhat improved by this because the number of turning movements would be increased. After explaining, he said it will not make everybody happy, but it will probably make all of the intersecting roads a safer situation. Chairman Walshak agreed. Mrs. Huckle asked if this project would retain the same curb cuts Humana~Medfirst had on their property. Mr. Golden replied that it did, Mrs. Huckle asked if they received a pa~k~ing variance for 170 feet. Mr, Golden believed it was somewhere around 170 feet. After explaining, he informed Mrs. ~Uck~e ithat the variance wouldrun with the land, and there is no time expiration on that. - 21 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Dr. Robert Snyder, 143 North Congress Avenue, had no objec- tion to making the needed construction road repairs, as stated in the application. Mr. Richter moved to approve the request, subject to staff comments, was seconded by Mr. Wandelt. Because this was a public hearing, Chairman Walshak asked that the motion be withdrawn. Mr. Richter withdrew his motion, and Mr. Wandelt withdrew his second. As no one wished to speak in favor of or mn opposition to the application, THE PUBLIC HEARING WAS CLOSED. Mr. Richter moved to approve the request~ subject to staff comments attached to the original copy of these minutes as Addenda C-1 through C-3 inclusive, seconded by Mr. Wandelt. Motion carried 7-0. SUBDIVISIONS MASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Legal Description: Description: Meadows 300 Tract M "Meadowlake" Donaldson E. Hearing GBS&H Architects/Planners, Inc. Hasco Corporation West side of North Congress Avenue, south of Hypoluxo Road Meadows 300, Tract M, "Meadowlake" Request for approval of an amended master plan to allow for changes in setbacks governing swimming pools and screened enclosures Miss Heyden read the memo dated September 14, 1988 addressed to City Manager Cheney from Mr. Annunziato. Said memorandum is attached to the original copy of these minutes as Addendum D-1. A Landscape Architect from GBS&H Architects, 1070 East Indiantown Road, Suite 400, Jupiter, Florida 33477, agreed with all of the staff comments and said they also included a three foot breakaway wall, upon request of the Fire Department. Vice Chairman Blanchette asked what a three foot breakaway wall is. The Architect replied that it is a wall they could break through mn case of an emergency or a fire. They are double zero lot lines. - 22 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Col. Trauger asked what double zero lot lines are. The Architect answered that it is a "Z" line compared to the old zero lot line. If three of these places put in a pool, Col. Trauger questioned how a pool service man would get into the home. The Architect replied that the man could get in by the breakaway wall, or he can go through the house. Col. Trauger asked if the man was to take his pool equipment through the house. After further discussion, the Architect said they could always provide a gate where the breakaway gate is, so they could go through there. Col. Trauger thought they were trapped. Chairman Walshak wondered if the TRB took this into consideration. Mr. Golden said that was something that does not generally come up. After discussion, Col. Trauger could see how they could get to the edge but he said they would cut across everybody else's lot. The Architect apprised the Members that a breakaway wall is a wall that you can lift or pick up. Col. Trauger asked what it is made out of. The Architect did not know but said it would probably be made ou~ of wood with a stucco finish attached to it. There were comments as to how much the wall would weigh and how emergency vehicles would get in there. After further discussion, Mrs. Huckle read from a letter addressed to the City from Donaldson E. Hearing, ASLA, GBS&H Architects/Planners, Inc. that, at the Fire Department's request, a breakaway fence or gate will be provided for emergency access for all homes with pools. A copy of said letter is attached to the original copy of these minutes as Addendum D-2. Mrs. Huckle called attention to the staff comments from Don Jaeger, Building Departmnt, attached to the original copy of these minutes as Addendum D-3, and she asked what the Architect's response was. The Architect replied that there are many solutions to that problem. They could reroute the roof runoff with gutters. The Architect thought the runoff could be less because of the fact that the owner could come in and pave an area (which he indicated on the overlay) without it including the pool, and he would have more runoff than by having a pool. The pool will collect the water, and any excess water would just spill out. Vice Chairman Blanchette asked where the excess water would go. The Architect answered that there would be a draining pool. There was discussion. Mr. Annunziato interjected that the issue of whether it is a deck or a pool does not 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 change, based on drainage. Right now, the Building Official will not issue any permits that result in storm water drain- ing on somebody else's property. Mr. Annunziato explained and then said the same condition would apply if this would be approved. The storm water would have to be addressed by the owners of the property, and he further explained. Mrs. Huckle inquired what would happen if someone wanted to drain a pool. The Architect answered that it would have to be emptied out according to the requirements. Mrs. Huckle asked where the water with all of the chemicals would go. There was discussion. Chairman Walshak asked the Members to remember that this was sent to them for final approval, and it would not go to the City Commission. If they had technical questions that had to be addressed, he thought they should be addressed to the Board's satisfaction or the application should be tabled. Mrs. Huckle and Col. Trauger agreed. If they drain the pool through its own filtration system, Col. Trauger said they could have a long hose and run it out to the street. Another way would be to have a dry well, but it would have to have a tremendous capacity equal to the capacity of the pool. Mrs. Huckle thought there were serious questions that had not been answered. Mr. Annunziato confirmed Chairman Walshak's belief that run- off would have to be addressed prior to the issuance of building permits. Howevert he did not know if the Building Department addresses the emptying of pools. Chairman Walshak thought the problem was contained in Mr. Jaeger's comment. Mr. Annunziato repeated his prior statements regarding runoff and drainage. Mr. Golden recalled that there was discussion at the TRB meeting about a percolation trench or hole somewhere in the back yard area. Chairman Walshak informed him that is a dry well system. There was discussion in which prior statements were repeated. Col. Trauger referred to the problems the Board constantly faces with developers coming back with modified plans to encroach back on the areas behind them with pools, patios, covered patios, and then other roofs on the back. They keep adding to the process all along the line. He was hoping in the approval of Planned Unit Developments (PUDs) that they could get away the total modification of the encroach- ment of people for their own comfort and the common area. - 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Mr. Annunziato informed Chairman Walshak that they want a six foot rear setback. The Meadows now has an eight foot rear setback. As it stands now, Vice Chairman Blanchette noted they could put a pool in, but it would be smaller. Col. Trauger asked if they would be increasing the density by doing this. Mr. Annunziato answered, "No," and explained that the density is used per acre. This is open space, and there would still be open space, except the people would have a pool. It would be recreation or open space. Chairman Walshak reminded the Members that the City Commission voted unanimously to approve the recommendation of the TRB. Mrs. Huckle pointed out that was only that it did not constitute a substantial change and was not directed to the technicalities. Mrs. Huckle moved to approve the request, subject to staff comments attached to the original copy of these minutes as D-3. Mr. Richter seconded the motion, and the motion carried 7-0. PRELIMINARY PLATS 2. Project Name: Agent: Owner: Location: Legal Description: Description: Catalina Centre Plat No. 3 (Gerulaitis Tennis Resort) Peter M. Karekos, V. P. Paramount Engineering Group Walboyn, Inc. West of North Congress Avenue, of N. W. 22nd Avenue south Being a replat of Congress Lakes Plat No. 1 (P.U.D.), and portions of the N} of the NE¼ of Sec. 19, Twp. 45 South, Range 43 East, Palm Beach County, Florida Request for approval of the construc- tion plans and preliminary plat which provides for the construction of infra- structure improvements to serve a 57,946! square foot tennis resort/office complex in connection with a replat of Congress Lakes Plat No. 1 Miss Heyden made the presentation. The TRB recommended approval, subject to staff comments attached to the original copy of these minutes as Addenda E-1 through E-3 inclusive. Miss Heyden informed the Members that the Fire Department decided there was no need for a memo on their behalf. - 25 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 one was present to represent the applicant. Mr. Richter moved to approve the request, sub3ect to staff comments. Vice Chairman Blanchette seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Catalina West (Gerulaitis Multi-Family Project) Peter Mo Karekos, V. P. Paramount Engineering Group C & R Developers, Inc. South side of N. W. 22nd Avenue, west of North Congress Avenue Catalina West, City of Boynton Beach, Sees. 18 and 19, Twp. 45 South, Rge. 43 East, Palm ~each County, Florida, being a replat of Congress Lakes - Plat No. 1 (P.U.D.), and portions of the N½ of the NE~ of Sec. 19, Twp. 45 South, Range 43 East and of the S½ of the SE~ of Sec. 18, Twp. 45 South, Range 43 East, Palm Beach County, Florida Request for approval of the construc- tion plans and preliminary plat which provides for the constr~ction of infra- structure improvements to serve a 466 unit multi-family rental apartment complex in connection with a replat of Congress Lakes Plat No. 1 Mr. Golden made the presentation and said the site plan for this project was approved in July by the City Commission. The TRB recommended approval, subject to staff comments attached to the original copy of these minutes as Addendum F-1 through F-3 inclusive. Mr. Golden said there was a matter the Fire Department had to investigate. It was a non-issue, so their memo had been deleted from the staff comments. No one was present to represent the applicant. Mrs. Huckle felt the applicant should be present to address some of the staff comments, and she called attention to the first com- ment in the memo from Bill Flushing, Engineering Department (page 2 of Addendum F-l). Mr. Annunziato thought it referred to a scrivener's error. 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Col. Trauger moved to approve the request, comments. Mrs. Huckle seconded the motion, carried 7-0. subject to staff and the motion 4. Project Name: Agent: Owner: Location: Legal Description: Description: Citrus Trail at Citrus Glen Enrico Rossi, P. E. Rossi & Malavasi Engineers, Inc. Citrus Glen Partnership Lawrence Road at Miner Road extended, southeast corner Plat of Citrus Trail, a P.U.D. in Sec. 18, Twp. 45 South, Range 43 East, City of Boynton Beach, County of Palm Beach, State of Florida Request for approval of a modified preliminary plat in connection with a replat of a portion of a previously approved planned unit development Miss Heyden said this is for the replat of Lots 190-194 in Citrus Trail. When the final plat was prepared, the total area of Lots 190-194 was divided equally among the five lots. This created a problem as to Lot 190, which has a side yard that abuts the rear yards of Lots 188 and 189. Consistent with the master plan modification previously approved, Lot 190 is a single family home requiring a 15 foot setback on each side. With this request, Lot 190 has been enlarged. The TRB recommended approval, subject to staff comments attached to the original co~y of these minutes as Addenda G-1 through G-2 inclusive. Miss Heyden said the agent could not be present, but there was no reason, technically, for him to be at the meeting. Mrs. Huckle moved, seconded by Dr. Jackier, to approve the request, subject to staff comments. The motion carried 7-0. 5. Project Name: Agent: Owner: Location: Legal Description: Quail Run Phase I Thomas J. Lira, Director of Planning & Development Coscan Florida, Inc. West of South Congress Avenue, between Woolbright Road extended and Golf Road See Addendum H-5 attached to the original copy of these minutes. - 27 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Description: Request for approval of the construc- tion plans and preliminary plat which provides for the construction of infra- structure improvements and landscaping to serve 116 units at Phase II of Quail Run in connection with a replat of tracts one and two of the Quail Lake West planned unit development and C. SITE PLANS NEW SITE PLANS 5. Project Name: Agent: Owner: Location: Legal Description: Description: Quail Run Phase I Thomas J. Lira, Director of Planning & Development Coscan Florida, Inc. West of South Congress Avenue, between Woolbright Road extended and Golf Road See Addendum H-5 attached to the original copy of these minutes. Request for approval of site plan approval to construct 116 multi-family units at Phase II of Quail Run within the Quail Lake West planned unit development Miss Heyden made the presentation and said the 116 units proposed for Phase II are identical to the fourplexes (two units on top, two on the bottom, with each having its own garage approved for Phase I.) The colored elevations were as those approved for Phase I. In addition, 32 visitor parking spaces are to be provided. S. W. 26th Street is a dedicated public road with a dedicated right-of-way, and there are four foot sidewalks on both sides. Master slgnage and landscaping were approved in Phase I, and minor changes are being made to the landscape plan for the balance of Phase II. The TRB recommended approval, subject to staff comments attached to the original copy of these minutes as Addenda H-1 through H-4, plus the following comments: Fire Department: "Add street names to plat." Police Department: "1. Review of addresses prior assigned. 2. Review of street names." to being 28 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Thomas J. Lira, Director of Planning & Development, Coscan Florida, Inc., Suite 400, East Building, 1900 Corporate Boulevard N. W. , Boca Raton, FL 33431, said they are concerned about the plans and conflicts on what was approved in Phase I and what some of the City staff is ask- ing for in Phase II. He called attention to the 6th comment in the memo from Tom Clark, City Engineer, dated October 5 (Addendum H-l) and said the comment was satisfied. They are providing the utility easement. With reference to the third comment in the memo dated September 30, 1988 from Bill Flushing, Engineering Department (page 3 of Addendum H-l), Mr. Lira said the lake area was platted by a previous plat. They are not replatting the lake. The maintenance of the lake has been dedicated to the Homeowners Association for all of Quail Run, so that is a moot point. It was taken care of by a legal document. With reference to the site plan, Mr. Lira said they had conflicting opinions. Both Don Jaeger of the Building Department (Addendum H-6) and Mr. Annunziato, Planning Director, (Addendum H-8) were asking for a back-up. Tom Clark, City Engineer, at the TRB meeting said he did not feel that was necessary because of the width of the road. Mr. Lira said that was how they built it in Phase I, and that was how it was approved in Phase I. The width of the road was adequate to back out in, and they did not have to make it any deeper. They built it that way in Phase I, and Mr. Lira wanted to keep doing it that way. He did not see any reason to change. However, if the Board preferred, it was something they could sit down with staff and work out. Vice Chairman Blanchette asked what the width of the road is. Mr. Lira answered, "22 feet, the same as a public street." Mr. Lira called attention to comment 3 in the memo from the Director of Utilities (Addendum H-2) and said it would mean that four units would be on one water meter, and the bill would be sent to the Association. They are currently constructing Phase I, and it was approved that they would have one water unit for each unit, and each individual home owner would pay for his water. They wanted to continue to do that, and he explained. Mr. Lira said the other comments were of a technical nature which could be worked out between their Engineer and the City staff. Primarily, the 27 feet back up and the water - 29 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 meters were the two items that had the applicant concerned. The only concern Mr. Annunziato felt comfortable in address- lng was the 27 foot backup, and that is a Code requirement. Mr. Annunziato was not comfortable addressing the number of water meters, and he did not think the Board should get involved in that. Vice Chairman Blanchette commented about where sharing of water meters now exists. Mr. Annunziato reiterated that this had to do with the administration of the City and was not a planning issue. It was a service issue and an administrative issue. He strongly recommended that it be left to the applicant and John Guidry, Director of Utilities. There was further discussion. Chairman Walshak referred to the lake, and Mr. Annunziato informed him that the lake was platted and was not a part of this plat. It was probably just a matter of the applicant submitting documentation. Chairman Walshak understood Mr. Lira had a problem with the easement, but that he would work it out and would accept the staff comments. Mr. Lira reiterated that a utility easement was granted for that use, and he assured Chairman Walshak that he had no problem with it. He explaind that it was a utility that would accommodate the street lights. Motion re Preliminary Plat Mrs. Huckle moved to approve staff comments. Dr. Jackier motion carried 7-0. the request, comments, subject to seconded the motion, and the Motion re Site Plan Mr. Richter moved, seconded by Mrs. Huckle, to approve the request, subject to staff comments. Motion carried 7-0. Chairman Walshak thought the City Commission should be made aware that the water meter problem exists, so it will not go on the Consent Agenda. He agreed with Mr. Annunziato that the Board should not address but felt the Commission may want to address it. Project Name: Agent: Owner: St. Joseph's Episcopal Church Glen P. Harris, AIA Peacock & Lewis, Inc. St. Joseph's Episcopal Church - 30 ~ MI~TES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Location: Legal Description: Description: South of Mission Hill Road, between South seacrest Boulevard and Swinton Avenue The NW~ of the SW~ of the NW~ of Sec. 4, Twp. 46 South, Range 43 East; together with the E½ of the NE~ of the SE~,~ of the NE~ of Sec. 5, Twp. 46 South, Range 43 East, Palm Beach County, Florida, less that parcel described in O. R. Book 3494, page 148, Palm Beach County Public Records Request for site plan and shared park- ing approval to allow for construction of a 4/350 square foot fellowship hall and a change in parking lot layout and design Mr. Golden made the presentation. The Planning Department assisted the church in the preparation of the document for the shared parking. The ~eque~t was identical to the request made by First United Methodist Church. Mr. Golden said the building will be of stucco finish with a concrete tile roof. The color scheme will be similar to the existing church (shell coral and pink). ~The TRB recommended approval, subject to staff commen~s attached to the o~iginal copy of these minutes as Addenda I-1 through I-4 ) and to the following: Public Works: "Dumpster to be placed on minimum 10' concrete slab with a minimum inside dimension of 10" by 10' Planning: Engineering: Utilities: "1 Show width of all access aisles and drive- ways. 2) See attached memo concerning shared parking. (Addendum I-4).'~ "Site lighting plans are required showing all construction details, luminaires, intensity of lighting (1 ft. candle minimum), all in accordance with current Parking Lot Ordinance and City standards (new and existing)." "1. Fire hydrant(s) must be provided to within 200' of all points on the proposed building. - 31 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Police: Fire: Glen P. Submit calculations indicating the adequacy of fire flow at the required hydrant(s)." "I am requesting the following: Exterior lighting details. Photocell activated light- ing illuminatin building to be perimeter pole mounted." "This site shall conform to City subdivision requirements ref. fire hydrants. Harris, Peacock & Lewis, Architects & Planners, Inc., Flagler Center, 501 South Flagler Drive, Suite 500, West Palm Beach, FL 33401-5985, said they were in favor of the shared parking and restructuring of the existing parking. He mentioned a couple of points that the City staff made that they wished to discuss further. The first one was item 3 in the memo from Don Jaeger, Building Depart- ment, dated October 5th (Addendum I-l), which was in refer- ence to the 25 foot height limitation. In reading through the P&Z Ordinances for Boynton Beach, Mr. Harris said it was somewhat difficult to understand how that height was measured or from what point it was measured. Chairman Walshak assumed it was from the ground to the top of the structure and asked if Mr. Harris had a problem with that interpretation. Mr. Harris replied that this was not a parapet wall or straight wall type situation. It was a peaked roof, and they interpreted it as the Standard Build- ing Code would interpret it. Mr. Annunziato advised that they should measure it from the average grade at the base of the building to the tallest member of what they were build- ing, whether it was a parapet wall, peaked roof, or whatever. Mr. Harris stated that (1) the Standard Building Code, which is for the Southeast, interprets an average height for a sloped roof. (2) The thing most obvious to them was that the existing structure has a cathedral roof structure that runs down basically the full length of the sanctuary area itself and, presently, it is on the order of 35 feet or greater. Their situation is a peaked roof which is a square that comes up to a total height of 28 feet at the very top peak. Chairman Walshak asked that Mr. Harris show this on the elevations. Mr. Harris showed that it came to a peak on all four sides, as opposed to the building adjacent to it with a much higher roof, and they would rather see a higher roof as opposed to a squattier building. - 32 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 If it was a problem and the applicant felt it was a hardship, Mr. Annunziato advised they can appeal to the Board of Adjustment ~BOA) for a variance. Otherwise, the building will be 25 feet high. Mr. Harris' other comment regarded item 3 in the memo from Kevin Hallahan, Forester/Horticultuist, dated October 5. (Addendum I-4). He said their proposal is that they are landscaping parking areas per the City Code requirements around the perimeters of the parking areas, and that is what they are proposing to irrigate. Obviously, they have a lot more open "landscape areas" if you could consider them that. For example, Mr. Harris stated that they have a football field. If you take a strict interpretation of what is said in the comment, he told the Members they would be talking about irrigating the whole 14 acres which, to their way of thinking, did not make a lot of sense. There is quite an existing stand of native pine trees in the area. If they were put under 100% irrigation, Mr. Harris thought it might have some adverse affect on the pine trees. He requested that they be allowed to irrigate the provided landscap~ areas per the City Code requirements. Mr. Annunziato felt that was Mr. Halla~an's intent. Mr. Harris stated that he was not prepared to address this tonight because he did not have a chance to talk to Mr. Hallahan about it. Mr. Annunziato thought Mr. Harris should talk to Mr. Hallahan So he would understand what Mr. Hallahan was saying. Other than the height requirement, Mr. Annunziato felt the rest of the comments were more or less a non-issue. Mr. Harris responded that they could certainly address those. Chairman Walshak understood that Mr. Harris agreed with the staff comments, and Mr. Harris replied that he did. Vice Chairman Blanchette moved to approve the request, subject to all staff comments. Mr. Richter seconded the motion, and the motion carried 7-0. SITE PLAN MODIFICATION 3. Project Name: Agent: Owner: Location: Motorola-Phase II Expansion Heery International Architects & Engineers, Inc. Motorola, Inc. North Congress Avenue at N. W. 22nd Avenue, southeast corner - 33 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Legal Description: Description: See "Addendum J-l" attached to the original copy of these minutes in the Office of the City Clerk Request for approval of an amended site plan to allow for an 80,000 square foot building expansion and a change in parking lot layout and design Miss Heyden made the presentation and said the addition of 260 parking spaces to the east was also a part of this application, along the E-4 canal. The two guardhouses indicated on the site plan will not be built at this time due to problems with serving them (water and sewer would be required). Photographs were distributed showing the adjacent properties. The TnB recommended approval, subject to staff comments attached to the original copy of these minutes as Addenda J-2 and J-3. Brent Smith, Heery Architects and Engineers, 999 Peachtree Street, N. E., Atlanta, Georgia 30367-5401, agreed with all of the staff comments, but he directed the Members' atten- tion to comment 1 in Mr. Jaeger's memo of October 5, 1988 (Addendum J-2) and said the applicant decided to delete the guardhouse from the project. He elaborated. Other than that, Mr. Richter asked if Mr. Smith agreed with all of the staff comments. Mr. Smith replied, "That is correct." Mr. Smith informed Mrs. Huckle that the maximum height of the structure will match the existing facility, and he believed it was 30 feet in height. Mrs. Huckle moved to approve the application, subject to staff comments and with the deletion of the guardhouse application. Mr. Wandelt seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Meadows Square Shopping Center Gene A. Bernard & Assoc., Inc. Meadows Square Assoc., Ltd. North Congress Avenue at Hypoluxo southwest corner Road, Tract TC of The Meadows 300 Plat No. 2, according to the Plat thereof, as recorded in Plat Book 48, Page 194 and 195 of the Public Records of Palm Beach County, Florida - 34 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Description: Request for approval of an amended site plan to allow for an elevation change to Eckerd Drugs Miss Heyden informed the Members that the applicant is making a change to the drug store by recessing the entrance four feet. The TRB recommended approval of the request as submitted. There were no staff comments. No one was present to represent the applicant. Mr. Richter moved, seconded by Vice Chairman Blanchette, to approve the request. Motion carried 7-0. Project Name: Agent: Owner: Location: Legal Description: Description: Sun Bank North Nelly Martinez Robert Wedding Architects Sun Bank South Federal Highway at S. Avenue, southwest corner E. 2nd See "Addendum K" attached to the original copy of these minutes Request for approval of an amended site plan to allow for changes to the drive- thru teller facility Mr. Golden said the site plan was recently approved to eliminate the free standing teller buildings and to install four drive-in tellers. Included in the request was a reconstruction of the parking lot. This request was for a reduction of drive-thrus from four to two. The TRB recommended approval, subject to staff comments as follows: Public Works: "Provide drop bolts on dumpster gate." Planning: "The site plan indicates that a future driveway may be proposed for the southern parcel adjacent to the driveway for the bank parcel (N. E. 4th Street). A drive- way at this location would be unaccept- able, as it would result in conflicting turn movements." Forester/ Horticulturist: "The hedge along the the property should the property line." southeast corner of continue to the end of Nelly Martinez, Robert Wedding Architects, 3221 N. E. 30th Street, Fort Lauderdale, FL 33308, had no objection to any of the comments. - 35 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 Mr. Wandelt inquired why they were cutting the drive-thrus down to two. Ms. Martinez replied that it is because they do not use them to the maximum. After discussion, Ms. Martinez called attention to Sun Bank's branches, which are in close proximity, and told Mr. Wandelt they thought that was enough to satisfy the needs of the customers. She informed Mrs. Huckle that three cars could be serviced at one time, and it is better security wise. Mrs. Huckle moved to approve the request, subject to staff comments. Dr. Jackier seconded the motion, and the motion carried 7-0. OTHER Set Special Meeting of Thursday, December 15, applications the Planning and Zoning Board for 1988 to consider land use amendment Mr. Annunziato told the Members they have to address seven or eight requests, but they encompass three projects: One set of projects is property owned by Norman Michael. That will generate some discussion. The second set of applica- tions involve the Winchester property. Mr. Winchester submitted an application to annex that property. The last set will be for a project called Honeybell Hollow, which is on the Lawrence Road corridor. The request there is to annex and amend the land use element. Mr. Annunziato stated that it would probably be better if the Board did not conduct the hearings for the first set of applications at a regular meeting because they could be four or five hours discussing them. Therefore, this date was recommended. Mr. Annunziato further said they are also processing a request for substantial deviation to the Boynton Beach Mall Development of Regional Impact (DRI) to allow for the addi- tion of a fifth major store. They are requesting that prop- erty in the northeast corner of the mall be redeveloped for parking. They submitted a request for changes to the City and the Regional Planning Council. Their materials were found insufficient by the Regional Planning Council. When the Planning Council determines that they are sufficient and their application has met that criteria, Mr. Annunziato believed the City would have 60 days to schedule public hearings. After explaining the procedure for amending plans for DRIs, he said he could not tell the Board when those applications would be heard. - 36 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 11, 1988 There was discussion, and it was the consensus of the Board that this date would be agreeable. Resignation from Board by Col. Trauger Col. Trauger announced that this was his last meeting on the Board. Ne plans to resign at the end of this month because he is moving to Delray Beach, and he explained that he could not find a single family home in Boynton Beach without a zero lot line, etco Col. Trauger elaborated, referred to his 17 years of various offices on the City Commission and service on City Boards. He will still main- tain his membership in fraternal and civic organizations in Boynt'on Beach and owns property in the City. Chairman Walshak and the Members wished Col. Trauger success. Chairman Walshak said he would miss Col. Trauger and stated that it was a delight working with him. He thought Boynton Beach's loss would be Delray's gain. Mrs. Huckle agreed. Time for Holding P&Z Board Meetings The City Commission has set 6:00 P. M. as the starting time for their meetings, and he asked the Members if they wanted to change their meeting time. It was the consensus of the Members to leave it at 7:30 P. M. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 11:00 P. M. (Four Tapes) - 37 - MEMORANDUM September 14, 1988 TO: Mr. Jim Golden Senior City Planner FROM: Tom Clark City Engineer RE: Alley Abandonment, N.W. Boynton Beach Blvd. corner of N.E. 1st Street and Copies of letters from Utility Companies concerning listed below: this are 1. Letter dated August 25, 2. Letter dated August 18, 3. Letter dated August 16, 4. Letter dated August 17, 1988 from Southern Bell 1988 from Florida Power & Light 1988 from Florida Public Utilities 1988 from Comcast Cable Based on the responses from the utility Companies, appropriate easements and/or relocations will be required at the expense of the Developer if the alley was abandoned. This alley is utilized by City service vehicles. Routing thru private property will be required if alley was abandoned. TAC/ck attach. cc: Sue Kruse, Deputy City Clerk Tom Clark ADDENDUM A-1 MEMORANDUM To: From: Date: Subject: Sue Kruse, Deputy City Clerk John A. Guidry, Director of Utiliti August I2, 1988 Alley abandonment north of proposed site Kentucky Fried Chicken ~, for The 14" wide alley contains a 6" water main and also an 8" gravity sewer. These mains service the subject site, plus all properties immediately to the north and west of the site. The mains must remain in operation, as there is no other way to service these properties~ We have no objection to abandonment of the alley, provided a suitably sized easement is. dedicated. Judging from the preliminary site plans we have seen, the water main will have to be relocated to avoid a proposed wall. Existing water services will also have to be replaced if the main line is relocated, If the alley is abandoned, said abandonment dust be conditioned upon the dedication of a new easement to accommodate the final configura- tion of all mains and services. Any relocation or replacement of existing piping must also be done at developer's expense. dmt bc: Peter Mazzella ADDENDUM A-2 MEMORANDUM August 1~, 1988 TO: SUE KRUSE, DEPUTY CITY CLERK FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR RE: K~ENTUCKY FRIED CHICKEN ABANDONMENT APPLICATION With respect to the above-referenced request, please be advised of the fo!low~: t) Thei~plement~tion guidelines for the Boynton -~ Beach. Boulevard Urban Design Plan encourage right-of-way abandonments tha~ will encourage land a~$emblage and redevelopment. 2) The proposed Kentucky Fried Chicken restaurant does not meet the above criteria in that there is no land assemblage or redevelopment of existing land uses. 3) Staff has indicated that this alley is currently utilized for the provision of public services and for rear service access to the existing commercial land uses which lie to the west. Based on the above, it may not be desirable to approve the abandonment of this alley. CSA:ro CARMEN S. ANNUNZ!A~D cc Central] File ADDEndUM ~-3 MEMORANDUM September 19, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO, PLANNING DIRECTOR KENTUCKY FRIED CHICKEN PARKING LOT VARIANCE Section 5-145(c)(4) of the Code of Ordinances requires that when a varlance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to be made part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-145(c)(~). Siteworks Architects and Planners, Inc., agent for Juan Gavilan, Trustee, is requesting a variance to Section 5-142(h)(3) "Driveways" of the Parking Lot Regulations which requires, among other things, that no driveways may be constructed closer than 180 feet to the intersection of the rights-of-way lines on streets of a higher classification (arterials/collectors). East Boynton Beach Boulevard is classified as a Minor Arterial according to the 1985 Functional Classification within the Traffic and Circulation Element of the 1986 Comprehensive Plan Evaluation and Appraisal Report. The property in question is located at the northwest corner of East Boynton Beach Boulevard and N.E. 1st Street. In this instance, the applicant is requesting to be permitted to construct a twenty-four (24) foot wide driveway onto East Boynton Beach Boulevard approximately 158 feet from the intersecting right-of-way lines between East Boynton Beach Boulevard and N.E. 1st Street. The variance request is being submitted in connection with requests for approval of a conditional use application for a drive-thru restaurant, a site plan, an abandonment application for a fourteen (14) foot wide service alley and a land use element amendment/rezoning application for the north seven (7) feet of the service alley to allow for local retail commercial land use and C-3 zoning. For an explanation of the code requirement, the nature of the variance requested, and the variance justification, please refer to the attached Notice of Public Hearing and application. ADDENDUM A-4 ...... ~n-T~sday, September 6, 1988, the Technical Review Board (TRB) met tc review the plans and documents submitted and to formulate a recommendation with regard to ~he variance requested. After review and discussion, the TRB recommended that the variance request be denied. The reasons for this recommendation are as follows: 1. It is the opinion of the Technical Review Board that the proximity of the proposed driveway to the intersection of N.E. 1st Street and Boynton Beach Boulevard (158 feet) will encourage hazardous traffic movements, including conflicting left turn movements and conflicts with the existing City emergency service facilities (fire and police). ~'~ 2. Although the traffic analysis submitted indicates that the proposed urban design plan for Boynton Beach Boulevard includes provisions for the construction of a curbed and landscaped median adjacent to the proposed driveway (which Would limit the turn ~ ~ movements to right turn-in/right-turn out only) and that a traffic signal is proposed for the intersection of N.E. 1st Street and Boynton Beach Boulevard, it is not known, if and when these improvements are to be constructed, as the urban design plan for Boynton Beach Boulevard has not been formally adopted and there is no schedule for the construction of the proposed median improvements, and the proposed traffic signal would not be constructed unless determined to be warranted at some time in the future by the County Traffic Engineer. A driveway onto East Boynton Beach Boulevard at this location would be inconsistent with the proposed urban design plan for Boynton Beach Boulevard. CSA:ro cc Central File CARMEN S. ANNUNZIA~O October 11, 1988 Mayor Ralph Marchese City Commissioners City of Boynton Beach 211S. Federal Highway Boyntan Beach, FL 33435 Dear Mayor Msrchese and City Commissioners: We have discussed the proposed Kentucky Fried Chicken Restaurant to be located at the n~rthwest corner of the intersection of 1st Street and Boynton Beach BoUlevard with Mr. 3uan Gavilan and have reviewed the proposed impact on our residential properties. Mr. Gavilan has explained the type of operation he proposes and discussed his landscape buffer and concrete wall to mitigate any impact. Please be advised that we support Mr. Gavilan in this project and respectfully request that you permit him to construct his building. We feel Mr. Gavilan will be a positive impact to our city and increase the tax base. We thank you for your consideration of this project. Should you require any additional comments from us, please call us. Sincerely, Gordon Crawley j~aptain Walj~Dr Lyman ADDENDUM A-5 MEMORANDUM september 21, 1988 CkW~EN S. MEMBERS ZONING BOARD ANNUNZIATO, pLANNING DIRECTOR FRIED cHICKEN RESTAURANT uSE APPLICATION siteworkS ArchitectS and planners, Inc., agent for Juan · nditional Use Approval of a m~,~tee are reqU~stzn~C~th a drive-throughlocated on windOWa .56 acre Fried CnlCa=~ ~eSis proposed to be ,. The restaurant at the northwest corner of East Boynton BeaCh and N.E. 1st street. The property has a 185.79 foot East Boynton BeaCh Boulevard and a 119.83 ~oot erty is currently vacant on , ~ ~e~met. The pro~ m- m_~ ~oning district on N.E. £s~ commercial. Tn? ~_~ ~onditionaI )ne [C-3, ~O.lmm~5ou~h windows sub]ecu uu ~ restaur a~t dr~ve-~z~z RestaurantS without drive-through or drive-in es are a permitted use in the C-3 zoning district- this Conditional Use application are three public hearing applicationS- A description of these is provided beloW: requesting relief from Section 5-142(h)(3) · . . hich requires, among other parkzng Lots. ~ ....... may be constructed : ~-~--~ lot ~r~v~ ~ ~ that no par~ ~=~ ~ntersection of u~e . _- _ ~nings, , .~n ~ot~ from un= ~ ~._~ classlflcaulOn-' ~=~ than lou ~ -~ s of a hi9~ ~. ~,,~ (~4} ~h~s-Oz way ' to constr , n ~e aopl a~ .... --:~ 158 ieeu u~ ~** and - driveway ri~kts-of-way lines between East BoyntOn Beach Boulevard N.E. 1st street- proposzng to abandon a fourteenthe(14)northfoot app . m the two adjoining property wide u~uimproved service alley and to purchase .... feet of the alleL r° abandoned S~v~ ~-f. = ~4~ tO the north- ~-~ ~e and will owners wnlel~ ~ ~ =c ~art o~ u~e is to be lncorporau=~ ~or access, landscaping and buffering- ADD~qDUM A-6 (3) Land Use Element D~endment/Rezonino The north one-half (7 feet) of the alley mentioned under item ~2 above, is currently zoned R-2, Single and Two Family Residential with Moderate Density Residential Land Use and it must be rezoned to C-3 with a Local Retail Commercial Land use before it can be abandoned and incorporated as part of the commercial project. Surroundinq Land Uses and Zoninq: Abutting the property to the north is a Platted fourteen (14) foot wide unimproved service alley which is proposed to be abandoned and incorporated as part of the restaurant site. The center line of this alley serves as the boundary between the C-3 zoning district which lies to the south and the R-2 zoning district which lies to the north. Further to the north, within the R-2 zoning district, are two ~ngte-f~mily homes zoned R-2 which have frontage on N.E. 3rd enue. These homes are in fair condition. Abutting the property to the east is a fifty (50) foot wide right-of-way for N.E. 1st Street. Further to the east, across N.E. 1st Street, is a car w~sh zoned C-3, Community Commercial. Abutting the property to the south is the right-of-way for Boynton Beach Boulevard. Further to the south, across Boynton Beach Boulevard, is the City of Boynton Beach Municipal Complex. Abutting the property to the west is a small office building zoned C-3 which is occupied by two attorneys. Standards for Evaluatin~ Conditional Uses: Section ll.2.D of the Zoning Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning Department's evaluation of the application as to whether it would comply with the particular standard: The Planning and Zoning Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations, and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions includinq, but not limited to, the dedication of property for streets~ alleys, and recreation space, and sidewalks, as shall be necessa_~ for the protection of the surrounding area and the citizen's general welfare, or deny conditional uses when not in harmony %~i-th the intent and purpose of this section. In evaluating an application for conditional, use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community, and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Page 2 of ADDENDUM A-6 Access to the site would occur by way of a driveway onto East Boynton Beach Boulevard and a driveway onto N.E. 1st Street. The driveway onto East Boynton Beach Boulevard is proposed to be twenty-four (24) feet wide with two way traffic flow and is proposed to be located approximately 158 feet from the intersecting rights-of-way lines at East Boynton Beach Boulevard and N.E. 1st Street. The applicant has submitted a parking lot variance application requesting to construct this driveway within 180 feet of the intersecting rights-of-way lines (see accompanying report). The applicant is also proposing to construct a twenty-four (24) foot wide driveway with two way traffic flow onto N.E. 1st Street which would be located approximately 125 feet from the intersecting rights-of-way lines between N.E. 1st Street and East Boynton Beach Boulevard. This driveway is consistent with Article X, Parking Lots, and would not require approval of a Parking Lot Variance. With respect to the two proposed driveways, the driveway onto N.E. 1st Street would function adequately, except possibly during peak hour utilization of the car wash when vehicles are often observed stacking on N.E. 1st Street. This driveway would place additional traffic at the intersection of N.E. 1st Street and East Boynton Beach Boulevard and would create additional congestion and traffic delays (see rezoning report). The issues surrounding the driveway onto East Boynton Beach Boulevard are outlined in the memorandum concerning approval of the Parking Lot Variance for this driveway. Internal vehicular and pedestrian circulation within the parking lot appears to be adequate for the proposed use. Off street parking and loading areas where required, with particular attention to the items in subsection D.1. above, and the economic, glare, noise, and odor effects the conditional use would have on adjacent and nearby properties, and the City as a whole. The proposed site plan shows adequate off-street parKznq. There is one surplus parking space which has been designated as a loading zone. It is not anticipated that this use would require frequent deliveries by large trucks. Therefore, the use of this surplus parking as a loading zone should be a~iate for the proposed use. It is recommended, however, that the loading zone be relocated closer to the kitchen service area. Glare from parking lot lighting and from automobiles as they turn into the site would be a nuisance to adjacent residential properties. The six foot high concrete block wall that is required along the north side of the property would block glare from automobile headlights once the v~nicles were on the site. However, it is likely ~at some glare from automobile headlights would still shine into the adjacent residential D~ighborhood from northbound vehicles turning into the driveway from N.E. 1st Street. Glare from parking lot lighting could be minimized by using directional lighting. Page 3 of Addend~u A-6 e Noise would be generated from vehicles entering the site and waiting in the drive-through lane, car doors slamming, car radios playing, and from human voices. The ordering station itself would be plainly audible for up to 200 feet from site, and the dumpster would be plainly detectable for about the same distance. About three residential homes in the surrounding area would be significantly affected by the nuisances that would be created ~rf the proposed restaurant and affected to a lesser degree. several other homes would be Refuse and service areas, with particular reference to the items in subsection D.1 and D.2. above. ~ne dumpster lies within 100 feet of the three residential lots which lie to the north. The location for the dumpster would be objectionable for the reason stated in item no. 2 above. Relocating the dumpster within the parking lot would probably not significantly remedy this situation, as the dumpster would still fall within 200 feet~ of the residences to the north. Placing the dumpster adjacent to Bolrnton Beach Boulevard would not be acceptable from an aesthetic standpoint. It is not anticipated that service areas would pose a problem, as these activities would occur during the day time hours. Utilities, with reference to locations~ availability, and compatibility. The site is served with water and sewer lines which are adequate to serve the proposed use. Screening, buffering, and landscaping, with reference to type, dimension, and character. The proposed screening, buffering and landscaping meets or exceeds the requirements of the zoning and landscape regulations respectively. Signs, and proposed exterior lighting, with reference glare, traffic safety, and economic effect, and co~atibi!ity and harmony with adjacent and nearby properties. to A ~ive-through identification sign and menu board sign are proposed for the drive-thru window which is located on the north side of the building. A freestanding pylon sign which reads "Kentucky Fried Chicken" is proposed in the greenbelt area near the intersection of West Boynton Beach Boulevard and N.E. 1st Street. The proposed area of the freestanding pylon sign is ~pproximatety 96 square feet. The maximum allowable area for a freestanding sign in the C-3 zoning Page 4 of Addendum A-6 -4- district under the City's new sign ordinance is 80 square feet. There is a comment from the Building Department concerning this matter in the attached comments. In addition to the freestanding pylon sign, there is a note on theetevatlonswhlch' ' indicates t~hat the Kentucky Fried Logo is to be placed on the face of the building cupola. However, the details of this sign are not shown. As referenced under item no. 2 above, the lighting should be directed away from residential Properties. Required setbacks and other open spaces. The site plan provides for a 51 foot rear setback on the north, a 25 foot front setback on the south, a 53 foot side setback on the west and a 72 foot side setback on the east. These setbacks exceed the requirements of the zoning regulations. 9. General compatibility with adjacent properties, and other properties in the zoning district. The proposed use would not be compatible with the residential properties which lie to the north or with existing traffic conditions due to the factors cited in previous sections of this report and the factors cited in' the following: the memorandum concerning approval of the parking lot variance request and the land use element amendment/rezoning request. The proposed drive-through reStaurant would also not be compatible with the proposed urban design plan for Boynton Beach Boulevard with respect to the proposed use, the building architecture and design, and the site layout and design. The only aspect of this plan which appears to be consistent with the proposed urban design plan is the greenbelt along Boynton Beach Bo~evard. Furthermore, approval of this application wo~d~ ~tend. to attract other restaurants of this type to ~o~a=e along this portion of Boynton Beach Boulevard. 9. Height of buildings and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the City as a whole. -~ne height of the building would be one story twenty- fou~-~ feet (24 feet) which would be compatible with the surrounding neighborhood. 10. Economic effects on adjacent properties and the City as a whole. Page 5 of Addsnd~ A-6 It cannot be concluded if the proposed use would nave a significant adverse effect upon the property values of the residences which lie to the north. On the contrary, the proposed restaurant, if approved, may result in increased property values for these lots for commercial redevelopment. The proposed urban design plan for Boynton Beach Boulevard would provide for commercial redevelopment (C-3 zoning) for the entire block on the north side of Boynton Beach Boulevard to N.E. 3rd Avenue, between Seacrest Boulevard and the Central Business District. Comprehensive Plan Policies: The following Comprehensive Plan Policies are relevant to this Conditional Use application: "Provide a suitable living environment in all neighborhoods." [p. 6) "Provide a range of land use types to accommodate a full range of se_trices and activities." (p. 7) "E]~ate existing and potential land use conflicts." (p. 7) "Encourage the development of complementary land uses." (p. 7) "Encourage the development of commercial land uses where accessibility is the greatest and where impacts to residential uses are minimized." (p. 7) ,,Provide for efficient and safe movement within the City." (p. 7) Conclusion/Recommendation: The fact that drive-through restaurants are a Conditional Use in the C-2, C-3 and C-4 zoning districts implies that this type of use would be suitable at some locations and unsuitable at other locations. In this instance, it is reasonable to assume that where commercial zoning occupies a narrow strip of lots abutting a single-family neighborhood, such locations are unsuitable for drive-through restaurants due to the close proximity between the two uses and the limited buffering opportunities that are available. This situation is further compounded by the additional traffic hazards that would result if the site plan, including the parking lot variance, are approved. These conditions are outlined in the memorandum concer~ng approval of the parking lot variance and the land use element-m~endment/rezoning requests. The proposed use would also not be c~patib!e with the proposed urban design plan for Boynton Beach Bo~evard, as outlined under item no. 10 in this report. Furthermore, approval of this application would tend to attract other restaurants of this type to locate along this portion of Boyntcn Beach Boulevard. With respect to the above,, the Planning Depar~T~ent recommends that this request for Conditional Use approval be denied. CSA:ro Page 6 of Addend%~u A-6 September 23, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CAPdViEN S. ANNUNZIATO, PLANNING DIRECTOR KENTURCKY FRIED CHICKEN LA_ND USE ELEMENT AMENDMENT/REZONING Summary: Siteworks Architects and Planners, Inc., agent for Coramercial" and~w¢ · consists of thenorth hatf parcel at the northwest.~orner and ~.E. 1st St~ coincidental ~ith p~a~osed rezone~ from R-2 !Single C-3 (Con%mnnlty Commercial). The (7 feet) of a fourteen foot the .56 acre vacant Boulevard : boundary is The applicant is servic~altey and to from the two The would be to lies to the Fried The applicant has approval to permit foot wide fo~ City and necessary six ~ feet buffer wP~ch of a Land onin9 map) Abuttin< property to the north, within the R-2 zoning dist: . ~re two sing!e-fami%y homes which have frontage on N.E. 3rd Av~n~. These homes are zn fair conditioh. Abutting the propexty uo ~ne east zs a f%fty (50) .foot wzde right-of-way for N.E~ ist Street. Further to the east, across N.E. 1st Street, is a car wash zoned C-3, ~ommunity Commercial. Abutting~the property to the south is the remaining seven feet of the servzce ADDENDUM A-7 Present Zoning: Under the current zoning, the subject parcel is platted as the north half of a fourteen foot wide unimproved service alley which is owned by the public and could be used for no other purpose than for the provision of public access and for utilities. AbandoD~ent and Rezoning: Abandonment of the alley and rezoning of the north seven (7) feet to C-3 would allow the applicant to purchase the north seven feet from the two abutting property owners and to incorporate it as a buffer for the res'taurant site if the Conditional Use application is approved. Comprehensive Plan-Future Land Use Map: The subject propertyis shown on the Comprehensive Plan Future Land Use Element as "Medium Density Residential," so an amendment to the Future Land Use Element to "Local Retail Commercial,." as requested by the applicant, would be necessary. -. Comprehensive. Plan Text: The following Comprehensive Plan policies are relevant to this Conditional Use application: "Provide a suitable living environment in all neighborhoods." (p. 6) "Provide a range of land use types to accommodate a full range of services and activities." (p. 7) "Eliminate existing and potential land use conflicts." CP. 7) "Encourage the development of complementary land uses." (p. 7) "Encourage the development of commercial land uses~where accessibility is the greatest and where impacts to residential uses are minimized." (p. 7) "Provide for efficient and safe movement within the City." (p. 7) Issues/Discussion: 1 Whether development of this property for commercial uses will have an adverse impact on surrounding residential properties or would increase traffic hazards in the vicinity. SLuce the property in question abuts a single-family and duplex neighborhood, the potential exists for a serious · land use conflict to occur. This would still be the c~se after taking into consideration the following: !) t/~e zoning code requirement for a six foot high concrete block wall between commercial uses and residential uses; and- 2) the fact that that the two property owners that abut the alley on the north side have entered into a purchase contract with the applicant, whereby the applicant would pu_~chase the north seven (7) feet of the alley (if ~ abandoned and rezoned) from these two property owners. Activities associated with fast food restaurants with a drive-thru facility include no~se from vehicles entering the site and waiting in the drive-thru lane, car doors slamming, car radios playing and from human voices. The ordering iPage 2 of station itself would be plainly audible for up to 200 feet i Addend~uA-7 from the site and the dumpster would create odors that would be plainly detectable for about the same distance. These impacts would affect more than just the ~wu property owners who have entered into the purchase contract agreement, although these two owners would probably experience a greater impact than their neighbors would experience, if the property is developed for the proposed use. Proposed access to the drive-thru restaurant site includes driveways onto N.E. 1st Street and East Boynton Beach Boulevard. The driveway onto N.E. 1st Street would increase the volume of turn movements at N.E. 1st Street and East Boynton Beach Boulevard. The applicant's traffic analysis notes that both legs of N.E. 1st Street are presently operating with long delays and vehicles on the south approach of N,E. 1st Street queue beyond the fire station exit and impede emergency vehicles, particularly during the peak season. A parking lot variance application has been submittedfor the driveway onto East Boynton Beach Boulevard which is located within 180 feet of the intersecting right-of- way lines with N.E. 1st Street. Placing a d~iveway at conditions in the vicinity and these conditions'are ~~ ~¢;n~u~zne~ zn ;ne memoranaum c~ncernzng the ~rking Lot ~varzance request. The Technical Review Board has recommended denial .of this request on the basis that it would be inconsistent with the Comprehensive Plan policy for providing "efficient and safe movement within the City." In order to alleviate the above, the applicant's traffic engineer is recommending full signalization of the N.E. 1st Street intersection and notes that the proposed urban design plan for Boynton Beach Boulevard includes construction of a curbed and landscaped median adjacent to the proposed driveway onto East Boynton Beach Boulevard which would limit the turn movements at this driveway to right turn in/right turn out only. Although these improvements would significantly improve traffic flow and mitigate hazardous turning movements, there is no time frame for the construction of these improvements and no guarantee that these improvements will ever be constructed, as outlined in the memorandum concerning the Parking Lot Variance request. Whether the existing C-3 zoned parcel that would be under the ~me property ownership is sufficient in size to permit the ~- ceve!opment of a fast food restaurant with a drive-thru of 3. A-7 It is likely that the existing C-3 zoned parcel could be developed for the proposed.use by either utilizing only the south seven (7) feet of the unimpuove~ service alley (if the abandonment were to be approved) or by not abandoning the alley and improving it for use as a pave~ alley. Developing the site in either manner, howsver, would limit access to N.E. 1st Street to one-way traffic flow (either ingress or egress) and would likely result in poor internal traffic flow and clr~.~!ation. Whether commercial zoning of this property would be consistent with Comprehensive Plan policies for the location of and access to conunercial uses. Commercial zoning of the subject parcel would be consistent with Comprehensive Plan policies for the location of and access to commercial uses. The proposed rezoning would represent a seven (7) foot northerly extension of the existing C-3 zoned corridor which lies between Seacrest Boulevard and the Central Business District. Access would be provided by way of the existing C-3 zoned parcel at-the northwest corner of N.E. 1st Street and East Boynton Beach Boulevard. ~ether the abandonment and rezoning of the north one-half of this alley would adversely impact the use of the remaining alley west of the site for' provision of public and private services as well as utilities. The applicant is proposing to abandon and relocate an existing six inch water main which is necessary to accommodate the buffer wall construction. The memorandum from the City Engineer concerning the alley abandonment application indicates that appropriate easements.a~d/or relocations w' required for the remainln~ util~ ...... ~11 be ~ --~ ~ une expense of the developer. The applicant is also proposing to provide an opening in the northwest corner of the site to allow access to the remaining portion of the alley, west of the site and to dedicat through his ~ro~ert-~ ~ ~ ..... e an easement ~ ~ ~ ~ ~ow pUD~lC and private service vehicles to access the remaining portion of the alley wesu of his site through this opening. The ~cting Public Works Director, however, is recommending that the alley not be abandoned. Whether the abandonment and rezoning of ~his property for development of a fast food restaurant would be consistent with the intent of the proposed urban design plan for Boynton Beach Boulevard. As noted in the Planning Department memorandum concerning the abandonment application, the implementation guidelines for the Boynton Beach BoUlevard Urban Design Plan encourage right-of-way abandonments that will encourage land assem2o~!age and redevelopment. The proposed drive-through restaurant does no~ meet the above cr~ter&a in that there is no i~d ' ' --' assemblage or redevelopment of existing'land uses. C°nce%~u~-ing the proposed land use plan for Bo!rnton Beach Boulevard, ?f the restaurant site falls within District ara_= text and the land ~e plan. The langua e r ' . o~ pag? 9 of the~ ~7 indicate that there should be full block redevelopment ~ ,~,~p ~or District #7 of the parcels between Boynton Beach Boulevard and N.E. 3rd AVenue from Seacresu Boulevard east to N.E. 3rd Sureet (see attached copy of text and map in Exhibit A). Based on the above, the proposed drive-through restaurant would not be consistent with the proposed urban design plan for Boynton Beach Boulevard. Page 4 of Addendum A-7 Conclusion/Recommendations: Commercial zoning of the subject property would be consistent with Comprehensive Plan policies with respect to access and location. However, rezoning would cause a significant change in the character of the"~eighborhood and may have a negative impact on residential uses in the vicinity. Rezoning this property would also exacerbate existing haz&rdous traffic conditions and would not be consistent with the COmprehensive Plan policy for providing for "efficient and safe movement within the City." The proposed rezoning would also not be consistent with the intent of the proposed urban design plan for,Bo~nton Beach Boulevard. Based on the above, it is the Planning Department,s recommendation that commercialization of this p~rce~ not be a~lowed and that the application for emending the Fu~e Land Use Plan to "Local Retai~' and rezoning to C-3, ~communits~Commercial," should be denied. CSA:ro cc Central File CARMEN S. ANNUNZIAT~~ Page 5 of Addendum A-7 MEMORANDUM September 14, 1988 TO: FROM: t~E: Carmen Annunziato, Director Planning Department Johnnetta Broomfield, Direetor~ff~ Community Improvement TRB Comments of Kentucky Fried Chicken Conditional use (for Drive-Thru Window): ...The construction of the restaurant would create more problems relating to ingress and egress to the site. There would be congestion on NE 1st Avenue due to the size of the street and the location of the existing car wash. Stacking in the area would create congestion at the intersection of Boynton Beach Boulevard and NE ist Avenue, and slow down the flow of traffic in the area. Though the Developer is recommending that a traffic signal be placed at that location and the Boynton Beach Boulevard Design Guidelines recommend the widening of NE 1st Avenue, I doubt if this will occur at the time of the construction of the restaurang nor at any time in the near future. ...The location of the restaurant across from the entrance to the Fire Department may also create other traffic flow prohlems in times of emergencies. ...The alley to the North of the property (in which the Developer is recommending abandonment) is presently being used. Parking Lot Variance: ...The driveway on Boynton Beach Boulevard is within 180 ft. of the intersection and would serve to create more congestion in the area. Other Concerns: Conflicts with the Boynton Beach Boulevard Design Guidelines: ...The curb cut on the Boulevard would interfere with pedestrian movement on the Boulevard and create a conflict with the pedestrian and the aUtomobile. (p.17) ...Mansard roofs are not recommended. (p.21) Addendum A-8 LfGAL DESCRIPTION A certain parcel of real property in Section 29, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, more particularly described as follows: From the Northw6st corner of Section 29, Township 45 South, Ilange 43 Bast, Palm Beach County, Florida run North 87 43' 48" East. along the Nortb line of said Section ".9, a distance of 784.38 feet to the Point of Beginning and the Northwest corner of the herein described parcel; thence continue North 87 43' 48" East, along tile North line of said Section 29, a distance of 1156.02 feet to the centerline of Lake Worth Drainage District Canal E-4; thdnce South 2 05' 54" East, along the centerlinc of said Canal B-4, ~ distance of 274.82 feet mare or less to the centerline of State Road S-804 as same is recorded in R/md Plat Book 2, Pages 217 ti}rough 220, Public Records of Palm Beach Country, Florida; thence South 87 54' 00" W, along the-centerlina of said State Road S-804, a distance of 1156.02 fact; thence Nor{h 2 05' 54" West, a distance of 271.3~ feet, more or less to the Point of Beginning. LESS the South 53 feet thereof for right-of-way for State Road S-$04 as shown in Road Plat Book 2, at page 220, Public Records of Palm Beach County, Florida. AND LESS TIlE FOLLOWING PAIICEL: A certain parcel of real property is Section East, City of Boynton Beach, Palm Beac.h described as follows: 29, Township 45 County, Florida, Sourly, Range 43 more pnrticula~'ly From the Northwest corner of Section 29, Township 45 South, Range 43 East~ Palm Beach County, Florida run North 87 43' 48" East, along the North line of said Section 29, a distance of 784.38 feet to the Poinl of Beginning and Northwest corner of the herein described parcel; thence continue North 87 43' 48" East, along the North linc of said Section 29, a distance of 1081.02 feet to a point; thence South 2 05' 54" East, 'a distance of 30.00 feet to a point on a line lying 30;00 fact South of an parallel with thc North line of said Section 29; thence So{~tk...87 43' 48" W, along the said parallel line, a distance of 1081.02 feet; thence North 2 05' 54" West, a distance of 30,00 feet, more or tess to the Point of Beginning. ADDENDUM : B MEMORANDUM September 26, 1988 TO: FROM: RE: CHAIPuWh%N AND MEMBERS PLANNING AND ZONING BOARD CAPd~EN S. ANNUNZIATO, PLANNING DIRECTOR SbU/DER-HODES MEDICAL OFFICE BUILDING '(FORMERLY HUMANA MEDFIRST) ?Di~K/NG LOT VARIANCE Section 5-145(c)(4) of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots as requested, the Technical.RevieW Board must forward to the Planning and Zoning Board a recommendation, and that the recommendation forwarded is to be made part of the public hearing proceedings. To that end, this memo is forwarded, consistent with 5-145(c)(4). Dr. Robert J. Snyder, Trustee, is requesting a modification to conditions that were imposed in connection with a previous parking lot variance approval. The variance was approved in February, 1986, by the Planning and Zoning Board in connection with a site plan for Humana Medfirst (see letter of approval and memorandum in exhibit A). One of three conditions recommended by the staff and imposed by the Board at the time of approval included the closing and reconstruction of medians on West Boynton Beach Boulevard in the vicinity of the property. These improvements were based on a plan proposed by the Florida Department of Transportation (FDOT) fo~ reconstruction of medians on Boynton Beach Bo~ilevard west of 1-95 (see plan in exhibit B). Since the time of variance approval, the FDOT has not gone forward with this plan and Humana, Inc. is proposing to sell its property to Dr. Snlrde~ for construction of a medical office building. As part of Dr. Snyder's site plan approval, he was required to constru~-t~he above-mentioned roadway improvements prior to the issuance ~f a Certificate of Occupancy. The applicant has hired Humana's traffic engineer, Dan Murray, to prepare an alternative plan for the median reconstruction which addresses the turn movement hazards and is compatible with the reconstruction of Old Boynton Road to form a signalized intersection with N.E. 8th Street (see plan in exhibit C). The proposed width and location of the driveway onto West Boynton Beach Boulevard from the time of approval of the Humana Medfir~site plan.to the time of approval of the Snyder-Hodes site plan remains the same. For an explanation of the code requirement, please refer to the attached Notice of Public Hearing and ~pplication. ADDENDUM C-1 to review the plans ea anG to Zormulate a recommendation with regardto the variance requested. After review and discussion, the TRB recommended that the modified condition:variance request be approved, subject to the following That the roadway improvements recommended by the applicant's traffic em. gineer in exhibit C be constructed prior to the issuance of a Certificate of Occupancy. CSA:ro cc Central File CARMEN S. ANNUNZIATO Page 2 of ADDENDUM C-1 CITY oF BOYNTON BEACH O 120 E. Boyn~on Beach Blvd. ' P 0 BOX 310 Bo~nton Beach, Florida 33425-0310 OFFICE OF THE PLANNING DIRECTOR 14 February 1986 Sally Benson, P.A. 1675 Palm Beach Lakes Boulevard Suite 205 West Palm Beach, FL 33401 Dear Ms. Benson: On Tuesday, February 1!, 1986 the Planning and Zoning Board conducted a public hearing and approved the requested variance to the Parking Lot Regulations subject to Humdeco meeting three conditions as noted in the attached Memorandum from the Planning Director to the Board. As a result of discussions with the applicant's traffic engineer, condition number one was modified by the Board to require the following program of me~ian closure. Ail median openings between Industrial Avenue and N.W. 7th Court will be closed and new median construction will, where possible, reflect the design proposed by the Florida Department of Trans- portation (FDOT) in this area; however, instead of constructing a U-turn for eastbound traffic at N.W. 7th Court as proposed by FDOT, the applicant will construct a westbound U-turn median opening, west of N.W. 7th Court with proper stacking. If you have any questions concerning this matter, please do not hesitate to contact me. /bks cc: City Manager Technical Review Board Central File Yours very truly, CITY OF BOYNTON BEACH Carmen S. Annunziato Planning Director ADDENDUM C-2 MEMORANDUM 4 February 1986 TO: FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. Annunziato Planning Director Humana Medfirst - Parking Lot Variance Request Section 5-i44(c~4 of the Code of Ordinances requires that when a variance to Section 5, Article X, Parking Lots is requested, the Technical Review Board must forward to the Planning and Zonina Board a recommendation, and that the recommendation forwarded-is to be made a part of the Public Hearing proceedings. To that end, this memo is forwarded, consistent with 5-144(c)(4). Sally S. Benson, agent for Humdeco, Inc., has requested a variance to Section 5-141(g)(3) Driveways, of the Parking Lot regulations which requires, among other things, that no driveways may be constructed closer than 180 feet to the intersection of the rights-of-way lines on streets of a higher classification (collectors/arterials). In this instance, the applicant is requesting to be permitted to retain an existing curb cut located on Boynton Beach Boulevard approximately 170 feet from the intersection with N.W. Tth Street. For an exT planation of the Code requirement, the nature of the variance requestedr and the variance justification, please refer to the attached Notice of Public Hearing and application. On Tuesday, February 4, 1986the Technical Review Board (~q~B) met to re~iew the plans and documents submitted~ and to fo_~uu!ate a recommendation with regard to the variance requested. After re- view and discussion, the TRB recommended that the variance requested be approved, subject to the following conditions: That the developer close the existing median cuts on Boynton Beach Boulevard'at N.W. 7th Street (both sides) and construct the U-turn at N.W. 7th Court as per the approved DOT plan for reconstruction of median cuts in this area of the City. ADDENDUM C-3 Page Two. /lat cc: That the driveway onto Boynton Beach Boulevard be constructed with a 25 foot radius to facilitate inqress and egress to the site, as recommended in ~he Traffic Impact Analysis prepared byMurray-Dudek and Associates. That the improvements, listed underitem' an,~ ~_nd ~2 above be completed prior to the issuance of a Certificate of Occupancy. Carmen S. Annu~f~iato City ~anager Technical Review Board Central File Page 2 of ADDENDUM C-3 MEMORANDUM Septembe. r 14, 1988 TO: FROM: RE: PETER L. CHENEY, CITY MANAGER CARMEN S. ANNUNZIATO, PLANNING DIRECTOR THE MEADOWS 300, TRACT M, "MEADOW LAKE" FASTER PLAN MODIFICATION Donaldson E..Hearing, agent for Hasco Companies, has requested a modification to the previously approved master plan for Meadow Lake, Tract Mat the Meadows. The modification requested is for the purpose of establishing criteria for the development of swimming pools within the rear yards of the double zero, "z-lot" line, single family homes. The original master plan approved a general detail for swimming pools and screened enclosures with an 8 foot rear setback (see attached diagram). The applicant is requesting that additional criteria be provided on the master plan to specifically allow swimming pools and spas with a 6 foot rear setback and a 5 foot side setback and additional criteria for screened enclosures, as outlined in the attached correspondence. The procedure for approving master plan modifications in planned unit developments is twofold. First, the City Commission must make a determination as to whether or not the changes requested are substantial in nature. A determination of substantial change on the part of the City Commission, which has sole discretion in thismatter, would require a new application for PUD. On the other hand, a determination of no substantial change allows the forwarding of the request to the Planning and Zoning Board. The Planning and Zoning Board then may approve the request. This procedure appears in Appendix B, Section 12 of the Code of Ordinances. With respect to the change requested by Mr. Hearing, the Technics!Review Board (TRB) met on September 6, 1988, to review the pl~ submitted, and they offer for your consideration a reco~:e~tion that the City Commission make a finding of no substan~=_! change for the requested modification and that the request bY ~orwarded to the Planning and Zoning Board for final consideration, subject to the attached memorandum from the Building Department. CARMEN CSA:ro ADDENDUM D-1 August 29, 1988 City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Dear Jim: On behalf of the Hasco Corporation, we are pleased to forward this ~orrespondence as our official request to amend the Master PLan for the eadowlake PLanned Unit Development in the Meadows 300. More specificallyour re?e~t is to modify the typical yard development standard~ to allow for swimming pools, trellis and spas. A previous petition for this request.was submitted last month, however was withdrawn prior to the City Council Meeting in order to adequately address respective departmental co~m6ntsI. ~we have met with several members of the City's staff an~ be]ieve that the concerns have been ~resolved. In order to accommodate swimming pools the following setback criteria has been established: Rear setback 6' Side Yard 5' Setback from house 5' O' encroachment into easements screen enclosure side 5' screen enclosure rear 6' Additionally, at the fire departments' request, a breakaway fence or gate wilt be provided for emergency access for all homes with pools. Hasco's company's request to amend the Master Plan for Meadowlakes is consistent with the representations made to the Planning Commission and City Council at the time of approval. Special attention to site development standards is common to zero lot line housing type and has been proven acceptable in all areas of the County. We believe that our request is beneficial to the residence of Meadowlake. We thank you and look forward to your favorable consideration. Should you have any questions, please feel free to contact us. DEH:Iah DEH#13:golden Dona~l~s;?E. Hearing, ASLA Principal ADD~NDTJlVl I)--2 MEMORANDUM Carmen Annunziato Planning Director Don Jaeger Building Department Site Development September 6, · u .... MASTER PLAN MODIFICATION: MEADOWS 300 Tract M "MEADOW T,A~E" Modifications of Setbacks for Swimmi Pools and Screen Enclosures As a condition of this master plan modification approval, the following comment should be addressed in the related docu~ents by Theapplicant:' The city does not permit water from one lot to drain across a neighboring lot. This modification is proposing that a substantial amount of rear yard area be covered with impervious material, such as concrete. This rear patio area, coupled with roof runoff, could create a condition where drainage would af~ fect neighboring single family p!at~ed lots. The applicant's prompt compliance with the preceding comment will insure a timely permitting process. Do~ Ja~eg~r~'- DJ:ld xc: E. E. Howell ADDENDUM D-3 MEMORANDUM October 5, 1988 FROM: RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Preliminary Plat, Catalina Center No. 3 (Catmiina South) COMMENTS: 1. The easement line should be shown on the roadway cross-section. 2. Existing structures should be indicated. 3. The typical roadway section will require the rock base to extend beyond the asphaltic concrete. A note concerning lighting by F.P. & L. Co. for Congress Avenue and N.W. 22nd Avenue should be added to the plans and further identified as an improvement to be f_unded by the Developer. Permits will be required from the Water Management District and the Lake Worth Drainage District. Type of inlets should be indicated on the plans. What does E.S. mean? 8. Refer to Bill Flushing's memo.of September 30, t988~ TAC/ck attachment Tom Clark ADDENDL~d E-1 TRB MEMORANDUM To: Tom Clark From: Bill Flushing Re: Catalina Centre No. 3 "PLAT" 1, The two bearings along (N 1° 44'24"E) S 1° 44'24"W. (Catalina South) the east boundary of the Plat are in the wrong direction they should be "Paving and Drainage Plans" Details that are incorrect or missing are as Stop sign - post below grade not shown, Handicap parkin~ striping to be blue, follows: Bill Flushing Page 2 of ADDENDUM E-1 MEMORANDUM To: From: Date: Subject: Carmen Annunziato October 5, 1988 ~/ TRB Review - Catalina No. 3 Preliminary Plat We can approve this p~oject subject to the following conditions: The water services on this parcel can and shall conform to the City's standard, utilizing a double strap saddle, 2" valve, 2" copper tubing, and other appurtenances in accordance with the City's standard. 2. Indicate the fire sprinkler line, with a control valve for the department's use. According to our as-built information for the existing hotel site, the existing gravity sewer is only 8" in diametsr. It is not customary to have a 10'~ pipe flowing into an 8" pipe. Please reconsider your design. dmt bc: Peter Mazzella ADDt~qDUM E-2 October 5, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO, PLANNING DIRECTOR CATALINA CENTRE PLAT NO. 3 - STAFF COMMENTS Please be advised of the following Planning Department co~ents with respect to the above-referenced preliminary plat re_~Luast: 1. Congress Avenue median landscaping to beinstalled ~rior to a certificate of occupancy for the tennis reso~ or first apartment building, whichever comes first. 2. Paving and drainage plans do not show bike path as per the construction detail. To be consistent, the distance from centerline should be exactly fourteen (14) feet. The adjacent landscape strip should be dimensioned exactly also; a minimum of five (5) feet is required. It is unclear whether the 32.24 foot dimension includes the 2.5 foot strip. 3. If building size is reduced, a site plan modification and revised shared parking study will be needed. 4. Show sidewalk connection from office/resort building to shopping center. 5. The cover sheet does not reference the L.W.D.D. forty (40) foot drainage easement. Dedication item deleted. Items can be combined. is unnecessary language and can be and %5 regarding access easements Two more dimensions need to be added to the plat document; one pinpointing that portion of the forty (40) foot drainage easement that is within this plat, and one specifying the overlap distance between the forty (40) foot drainage easement and the 26.5 foot access easement. 8. Landscape plan does not show widened access drive to accommodate the bike path. CSA:ro cc ~en%r~l_Fi~e CARMEN S. ANNUNZIAT~- ADDEAKYJM E-3 MEMORANDUM October 5, 1988 TO: FROM: RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Preliminary Plat for Catalina West COMMENTS. · Approval by the Water Management District and the Lake Worth Drainage District required. The property line and/or easement line should be shown on the typical roadway section. Shellrock, if used for parkinq lot, shall meet D.O.T.'s specifications as per Note No~ 1 for roadway construction. P.C.'s and P.T.'s for the roadway curves and curve data should be shown. 5. For field stake out additional dimensions and geometric data will be required. 6. The lake area should be identified and dedicated as a Water Management parcel. 7. A cross-section thru the lake bank should be shown. 8. "County Approvals" should be deleted since they are not required. 9. Electrical circuits for the lighting should be shown since electrical permits will be required based on the lighting plans. 10. Photo-cell switches are required for the lighting. 11. Type of inlets should be identified on plan or in legend. 12. A note concerning lighting by F.P. & L. Company for Congress Avenue and N.W. 22nd Avenue should be added to the plans and further identified to be funded'by the developer and included as a line item in the cost estimate. 13. A cross-section thru the entrance road showing bicycle paths should be shown. 14. Island Grating Detail needs correction for slope to grating. con't ..... ADDENDU~F-1 To: Mr. Jim Golden Re: Preliminary Plat for Catalina West (con't) October 5, 1988 Page #2 15. Refer to bill Flushing's memo of September 30, t988, included here. 16. The typical roadway section will require the rock base to extend beyond the asphaltic concrete. Tom Clark TAC/ck attachment Page 2 of ADDENDUM F-1 TRB MEMORANDUM To: Tom Clark From: Bill Flushing Re: Catalina West "PLAT" 1. The Plat closure error is 0.14 feet; NOT ACCEPTABLE Easement information should be provided for Electrical power, Telephone, and Cable utilities. "Paving and Drainage Plans" Details · that are incorrect or missing are as follows: Stop sign - post below grade not shown. Details on sidewalk differ between Engineer drawing (sheet C-5) and Architectual drawing (sheet A-3). Handicap parking striping to be blue. Information should be provided on the drainage for the Tennis Court area, Bill Flushing Page 3 of. ADDENDL94 F-1 MEMORANDUM To: From: Date: Sub, eot: Carmen Annunziato, Planning Director~%~% John A. Gulclry, Director of Utiliti October 5, t988 TRB Review - Catalina West - Preliminary Plat We can approve this project subject to the following conditions: The water service piping and other details are still unclear as shown. We suggest the engineer meet with staff to advise as to what he is intending. 2. The water service shown as connected to the sanitary sewer between Manholes S-8 and S-9 must be corrected. A 10' minimum horizontal separation is required between water and sewer mains at all times. Please refer to the City's standard regarding valving required at hydrants which are greater than 20' from the water mains, and modify your plans accordingly. sanitary service is not shown to the clubhouse. 6. Add isolation valves as required to split the system into zones. Our records indicate an existing sewer line approximately deep crossing N.W. 22 Avenue near this project. This may provide a better connection point for present or future development. However, the cost of upgrading Lift Station #720, required to accommodate the increased flow, will have to be borne by the developer. 8. Add fire hydrants as required to achieve a maximum distance of 200' from any point on any building to a hydrant. clmt bc: Peter Mazzella ADDENDL~ F-2 MEMORANDUM October 5, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING.BOARD CARMEN S. ANNUNZIATO, PLAN~ING DIRECTOR CATALINA WEST - STAFF COMMENTS Please be advised of. the Planning Departments comments concerning the above referenced request for preliminary plat approval: The parking lot configuration at the match line between sheets C-1 and C-2 does not appear to match properly. This does not allow for accurate verification of required parking. The required parking is 957 spaces whereas the number of spaces counted was 954. Indicate on the paving and drainage plans or the site plan submitted forsign-off the number of parking spaces provided in each row of parking spaces. In the correspondence from Jess Soward dated September 26, 1988, concerning the revised parking space calculations for the site plan, there are 144 one bedroom units shown on the calculations. The~approved site plan provided for only 120 one bedroom units. Out of the 120 units provided, only 70 are allowed to provide parking at the rate 1.5 spaces per unit, as outlined in the Planning Department memorandum dated July 6, 1988. If there is a desire to change the mix of one, two and three bedroom units, a site plan modification will be required. OtherWise~ the revised calculations should reflect the same mix of unit types shown on the mpproved site plan. At the tLme of sign-off on the site plan, a revised version of page 4 of the site plan application Sho-~be submitted which lists the correct parking space calculations. Clarify location of bike lane where road divides at the northwest corner of the site~ CSA: ro CARMEN S. ANNUNZIAT~ ADDENDUM F-3 MEMORANDUM October 5, 1988 TO: ~ROM: RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Re-plat of Lots 190 - 194, Citrus Trail ~OMMENTS: 1. The bearings in the legal description should have the degree sign, Suggest that they be entered by hand. The 12 foot utility easement running north and south should have the location arrows point to the 12 foot area, not the 7 foot areas as shown. 3. Lot dimensions and boundary line dimensions don't agree. TAC/ck ADDENDL~4 G-1 MEMORANDUM October 6, 1988 TO: FROM: RE: CF~kIRMAN AND MEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO, PLANNING DIRECTOR CITRUS TRAIL (REPLAT) - STAFF COMMENTs Please be advised of the following Planning Department comments with respect to the above-referenced preliminary plat request: 1. There is a discrepancy with the boundary line distance of 292.60 feet shown on this replat and the dimension for this same distance on the final Plat recently recorded. Two final plat comments (see attached memo dated June 8,1988) made at time of site plan approval regarding the maintenance of buffer walls and associated landscaping still have not been addressed. CSA:ro cc Centr~i File MEMORANDUM June 8, 1988 TO: FROM: RE: C~AIRMANANDMEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO, PLANNING DIRECTOR CITRUS GLEN-STAFF COMMENTS Please be advised of the Planning Department's comments concerning the above-referenced request for site plan approval: The wall proposed along the collector..road is located within a 5' limited access easement which is dedicated to the City, This easement would not cover dedication to the Homeowners' Association for purposes of maintaining the wall and any associated landscapihg. The plat documents should be revised prior to final plat approval to address this issue. The wall proposed along Miner Road and Lawrence Road within private 10ts, is located within a 10' landscape easement. However, the preliminary plat cover sheet does not list and describe the purpose of such easements to provide for dedica%ion to and maintenance by the Homeowners' Association. The plat documents should be revised prior to final plat approval to address this issue. e The applicant should be aware that the sign area of the Communities of Citrus Glen" sign exceeds the 32 square 'feet recommended for entry wall signs within Planned Unit Developments in ~he proposed sign code. However, signs wi~_h~_~n Piar~ued U~it Developments are ultimately subject to approval on a per case basis by the Planning and Zoning Board, C0~T~unity Appearance Board and City Commission in bo~ the existing and proposed sign codes. CSA:ro cc Central File CARMEN S. ANNUNZIAT~ Page 2 of ADDENDL~4 G-2 MEMORANDUM October 5, 1988 TO: FROM: RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Preliminary Plat and Site Plans for Quail Run, Phase II COMMENTS: 1. The tracts that are re-platted should be identified on the plat plan with their former identification also. 2. A construction permit will be required from the Water Management District and the Lake Worth Drainage District. 3. A cost estimate for the bonded improvements is required. The existing and/or proposed bank slopes, dimensions and elevations should be shown on the lake outfall section including the elevation of 6he lake bottom and the width of the seed and mulch area. Complete street lighting plans are required including structural and electrical details unless done by F.P. & L. Co. If done by F.P. & L. Co. a note will be required so stating, subject to approval of plans by the City. Unless an easement is provided for street light poles, the sidewalks for section,s A-A and B-B should be moved a foot from the R.O.W. Current bond includes $30,400 for street lights for Golf Road, S.W. 26th Avenue and Woolbright Road. This cost should be checRed with F.P. & L. Co. and additional costs included as a line item in the cost estimate. 8. The width of the private ingress/egress rights-of-way tracts should be shown on the plat plan. 9. A cross-section is required th~u the private streets to show the swale construction. 10. The depth of the swale for the 60 ft. R.O.~q. should comply with City standards, ie., 0.70 ft. instead of 0.52. ADDENDUM H-1 con't ..... To: Mr. Jim Golden Re: Preliminary Plat & Site Plans for Quail Run, Phase II (con't.) October 5, Page ~2 1988 tl. The Tract R-3 is out of scale at dog leg curve when compared with curve data. 12. Refer to Bill Flushing's memo of September 30, 1988. TAC/ck attachment Tom Clark Page 2 of ADDENDUM H-1 TRB MEMORANDUM To: From: Re: Tom Clark Bill Flushing Quail Run - Phase II Plat Tract "D" is missing a PCC on the easterly boundary. The correct area is 12.0508 Acres, not 12.2751 as shown. The unlts per acre will then equal 9.63 instead of 9.45 Tract "C" = 4.80606 acres Tract "D" = 3.66552 acres Tract "E" = 3.57923 acres A statement is required absolving the City from any responsibility for the control of aquatic weeds (City code Appendix C Art. VIII Sec~ 6 D. ll). The proposed private streets must be named. Pcp's are required for the private streets. Boundary bearings should be consistent in direction (see Tract "C" - N 53° 30' 00" S 53° 30' 00" W). a CW or CCW E should be In providing the legal description in the dedication, the surveyor is using the most extreme interpretation of Chapter 177,0~ (11). In my opinion, although it is technically acceptable, it does not comply with the intent of Chapter 177. Over 95% of' the surveyors who prepare Plats in Boynton Beach would have nsed a metes and bounds for Tracts "C", "D", and "E". If the finished lake shore line is to encroach or be close to the plat boundary line, the shore line must be shown on the plat. Page 3 of ADDENDUM H-1 Construction Plen~ Handicap parking striping to be shown as being blue. Sign detail should include the mounting post with embedment. Section C-C parking detail should clearly show that the grade (for drainage) is going toward the center planting area. Bill Flushing Page 4 of ADDENDUM H-1 MEMORANDUM To: From: Date: Subject: Carmen Annunziato, Planning Director~ John A. Guidry, Director of Utilities~%~ October 5, t988' / TRB Review - Quail Run, Phase II Preliminary Plat We can approve this project, subject to the following conditions: l. Add a note to the engineering plans that the City will maintain main line sewers only. Use 20' of polyethylene-lined DIP at water main and storm drain crossings. In that the proposed units are condominium type, and the water lines from the building to the meter are owned and maintained by the condominium association, we recommend use of one meter per building, with the association/developer as the account holder. Under the current plan, thc unit owner would be bill- ed for all leaks, or loss through breakage, in piping which he does not own or maintain. Install a permanent sample point at the end of the northern- most cul-de-sac. Use 45 degree fittings at all connections to the Water main. Double valving at these connections required. existing is not Two valves are required on fire hydrant lines over 20' long. One valve, is required at the tee, and one at the hydrant. Trees appear to conflict with water and sanitary services in front, or on the side of each unit. Provide a large-scale drawing showing how the landscaped area will accommodate the trees and utilities. Trees should be deleted or relocated as required. The description of tracts-R-l, R-2 and R-3 must be changed to allow maintenance of utilities in those areas. dmt bc: Peter Mazzella ADDE~DE~ H-2 MEMORANDUM October 5, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CARMEN S. ANNUNZIATO, PLANNING DIRECTOR Q~AIL RUN, PHASE II STAFF COMMENTS Please be advised of the following Planning Department comments with respect to the above-referenced preliminary plat request: Tracts R-i, R-2 and R-3 on the cover sheet are dedicated to the ~uail Run association. These tracts include private streets, drainage, visitor parking lots, water and sewer and other utilities. Utility easements for water and sewer should be dedicated to the City of Boynton Beach for maintenance purposes. In addition, those utility easements referenced on the cover sheet are combined with drainage easements and do not mention to whom they are dedicated. CSA:ro CARMEN S. ANNUNZIAT~ cc Central File ADDENDUM H-4 EXHIBIT "A" LAND DESCRIPTION: ALL OF ~ACTS 2, 3, 4 AND 5, "QUAIL LAKE WEST AND TRACTS ONE & ~WO", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 50, 'PAGES 3, 4, AND 5 OF THE RUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS ~L Ti"LAT PORTION OF SAID TRACT 2 LYING IN TRACT "B", "QUAIL RUN", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGES 100 THROUGH 102 INCLUSIVE OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACh, PALM BEACE COUNTY, FLORIDA. CONTAINING 12.2751 ACRES, MORE OR LESS'. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND R~GHTS-OF-WAY OF RECORD. ADDENDUM H-5 MEMORANDUM Carmen Annunziato Planning Director Don Jaeger Site Development Building Department October 5, 1.988 SITE PLAN: QUAIL RUN P~w_~ASE II As a condition of site plan approval, the following co,mmen~ should be addressed in the related documents by the app!i~ca~t: A horizontal control drawing must be submitted show~_ng ~he accurate locations of all structures. The structures must comply with Table 600 of the Standard Building. Code in regards to the percentage of allowable openzngs. 3. Handicapped parking signs must be installed at each handicapped parking stall. 4. Street names and addresses must be approved by the Police, Fire and Building Departments. 5. A 27 foot back-up aisle must be provided for all parking stalls. 6. A minimum 5 feet high landscape buffer must be provided.along Woolbright Road in compliance with Appendix C, Article IX, Section 3 of the Boynton Beach Code of Ordinances. The applicant's prompt compliance with the preceding comments will insure a timely permitting process. DJ:bh XC: E. E. Howell ADDENDUM H-S MEMORANDUM OctobeV 5, 1988 TO: FROM: RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Preliminary Plat and Site Plans for Quail R~, Phase II COMMENTS: 1. The tracts that are re-platted should be identified on the plat plan with their former idantification also. 2. A construction permit will be required from the Water Management District and the Lake Worth Drainage District. 3. A cost estimate for the bonded improvements is required. 4. The existing and/or proposed bank slopes, dimensions and elevations should be shown on the lake outfali section including the elevation of ~he lake bottom and the width of the seed and mulch area. Complete street lighting plans are required inoluding structural and electrical details unless done by F.P. & L. Co. If done by F.P. & L. Ce. a note will be required so stating, subject to approval of plans by the City. e Unless an easement is provided for sidewalks for sections A-A and B-B the R.O.W. street light poles, the should be moved a foot from 7. Current bond includes $30,400 for street lights for Golf Road, S.W. 26th Avenue and Woolbright Road. This cost should be checked with F.P. & L. Co. and additional costs included as a line item in the cost estimate. 8. The width of the private ingress/egress rights-of-way tracts should be shown on the plat plan. 9. A cross-section is required thru the private streets to show the swale construction. 10. The depth of the swale for the 60 ft. R.O.W. should comply with City standards, ie., 0.70 ft. instead of 0.52. ADDENDUM H-7 conlt ..... To: Mr. Jim Golden October 5, Re: Preliminary Plat & Site Plans for Page ~ Quail Run, Phase II (con't.) 1988 11. The Tract R-3 is out of scale at dog leg curve when compared with curve data. 12. Refer to Bill Flushing's memo of September 30, 1988. TAC/ck attachment Tom Clark Page 2 of ADDENDUM H-7 To: From: Re: TRB MEMORANDUM Tom Clark Bill-Flushing Quail Run - Phase II Plat Tract "D" is missing a PCC on the easterly boundary. The correct area is 12.0508 Acres, not 12.2751 as shown. The units per acre will then equal 9.63 instead of 9.45 Tract "c" Tract "D" = Tract "E" = 4.80606 acres 3.6.6552 acres 3.57923 acres A statement is req~%ired absolving the City from any responsibility for the control of aquatic weeds (City code Appendix C Art. VIII Sec. 6 D. 11). The proposed private streets must be named. Pcp's are required for the private streets. Boundary bearings should be consistent in direction (see Tract "C" - N 53° 30' 00" S 53° 30' 00" W). a CW or CCW E should be'-' In providing the legal description in the dedication, the surveyor is using the most extreme interpretation of Chapter 177,0~ (11). In my opinion, a!though it is technically acceptable, it does not comply with the intent of Chapter 177. Over 95% of the surveyors who prepare Plats in Boynton Beach would have used a metes and bounds for Tracts ~'C", "D", and "E". If the finished lake shore line is to encroach or be close to the plat boundary line, the shore line must be shown on the plat. Page 3 of ADDENDUM H-7 Construction Plans Handicap parking striping to be shown as being blue. Sign detail should include the mounting post with embedment. Section C-C parking detail should clearly show that the grade (for drainage) is going toward the center planting area. Bill Flushing Page 4 of ADDENDUM H-7 MEMORANDUM October 5, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS ~r PI~ANNING AND ZONING BOARD CA_R~MEN S. ANNUNZIATO, PLANNING DIRECTOR QUAiL RUN, PHASE II- STAFF COMMENTS Please be advised of the following Planning Department comments with respect to the above-referenced site plan request: 1. Revise setback data on site plan sheet 2 of 9 as follows: A. Side (from S~W. 26th Street). 25' B. Building Separation 20' C. Rear. ... 20' Dimension a typical driveway at a minimum of 9 feet by 18 feet consistent with previously approved parking lot variances. No lighting plan has been provided for the visitor parking lots or lights attached to the unit exterior lighting the driveways. The lighting plan should include location, manufacturer's specification, energy source, pole detail, illumination level, photocell activation and wattage. The previously approved lighting variance did not exclude lighting these areas. Include C.A.B. approved landscape plan, and previously approved building elevations and signage program with final sign-off drawings. Se A back up of twenty-seven (27) feet is required for visitor parkir~ lots. (Appendix B of Article X, Parking Lots.) CSA:ro cc Central File CARMEN S. ANNUNZIA~O ADDENDUM H-8 MEMORANDUM Carmen Annunziato Planning Director Don Jaeger Site Development Building Department October 5, 1988 SITE PLAN: ST. JOSEPH'S EPISCOPAL ~ ~nu~CH As a condition of site plan approval, the following commits should be addressed in ~he related documents by the app!ic~t: 1. The Boynton Beach Sign Ordinance allows only one sign to be permitted on this site. 2. Details of handicapped accessibility must be provided. 3. The maximum height of a structure in an R-1AAB zoning district is 25 feet. 4. The proposed building must be accurately dimensioned from the property line. Sheet A-1 of the site plan shows three handicapped parking stalls adjacent to the proposed building. Sheet A-2 shows two parking stalls at the same location. Please reconcile these two sheets. 6. Light poles must be designed in accordance with Chapter 12 of the Standard Building Code to withstand 120 m.p.h, windload. The applicant's prompt compliance with the preceding comments will insure a timely pemmitting process. DJ:bh XC: E. E. Howell 'ADDENDUM I-1 MEMORANDUM 29 September 1988 TO: FROM: RE: Chairman and Members Planning and Zoning Board Carmen S. Annunziato Planning Director st. Joseph's Episcopal Church Shared Parking Allocation Section lt-H(13) of Appendix A, Zoning, contains the following provision for Shared parking: Parking spaces required in this ordinance for one use or structure may be allocated in part or in whole for the required parking spaces of another use or structure if quantitative evidence is provided showing that parking demand for the different uses or structures would occur on different days of the week or at differenthours. Quantitative evidence shall include estimates for peak hour/peak season parking demand based on statistical!data furnished by the Urban Land Institute or an equivalen~ traffic eagin~ering or land planning and design organizatloh..Quan~i'tative evidence may also include, where appropriate, field. Studies and ~raffic counts prepared by a traffic consultant experienced in the preparation o -! studies. In addition, a minimum buffer of ten f10% ~=~* ~ be prov~ed itc ensulue that a sufficient number ~f ~~ r~ avazlab~e at t~e peak hour/peak season of parking demand. Calculation of sa&d buffer shall be based on the to,at number of parking spaces determine~ to be required at the peak hour/peak season of Evidence ~or joint allocation of required shall be submitted to th? Technical Review Board, joint allocation of requzred ~arking spaces sh~ the City Commission, after r~view and recommendations by Planning and Zoning Board. With respect ~o the above~ Glen Harris of Peacock an~ Lewis Architects and Planners, Inc., agent for St. Joseph's Ep~scooal Church, is r~questing a~p~oval of a shared oark~n~ a~l~*~ ~ j~tzon~w~h ~_~eq~est for szte plan approval to ~llow for the a~zu~on or a 4,3b~ square foot fellowship hall. St~ Joseph's Episcopal Church is located south of Mission H~ ~-~= C ~ South Seacre~t Boulevard and Swinton Avenue. The City's P~rkinq Lot Regulations require that "in the instance of a parking]lot serving an existing building or group of ADDENDUM I-2 buildings where said building or group of buildings ~s. =~e to be enlarged, the entire parking lot shall be modified to meet the requirements of this article." In connection witht~e~ reques~ for approval of the fellowship hall, the applicant is also requesting approval of a revised parking lot plan in arder to meet the design and landscape requirements specified ~n the Parking Lot Regulations. The existing parking lot is non-conforming with respect to the current Parking Lot Regulations. The revised parking lot plan provides for 133 parking spaces, which is the same number that currently exists on site. With regard to the number of parking spaces required~! the Zoning Regulations for the church site, the requirement is listed i~ Se6tion ll-H(16)(b)(1) of Appendix A, Zoning, which reads as follows: Churche parkin¢ less th feet of parking offices and dwe ~, temples, and other places of worship: One (1) space per four (4) seats in the auditorium, but not ~n one (1) parking space per one hundred (100) square gross floor area for the auditorium, plus required spaces for any other princiual uses, including , classrooms, meeting rooms, recreation facilities [lings. The church s site plan apl spaces (1 pa~ ~nctuary contains 300 seats (not 150 as noted on the )lication) requiring the provision of 75 parking ~king space for every 4 seats). Based on information submitted b~ GlenHarris, includin? but not limited to t~e . attached cOr~espondence, the Planning Department.hgs det~rmlned that in addi ~ion to the church, the school facilities, the parish hall and the p~opo~d fellowship hall.fu~ction as principal uses and would re~m~? ~n~ pro~si0n of additzonal parking sp~ces. All other users ±lsue~ in une attached Correspondence were deemed to be access~ry uses to the church and/or school functions. In accordance With Section 11-H(16)(c)(5) of. Appendix A, Zozing, the parking requirement for the school (.pre-kzndergarten through ~ grade 8) is (~ne parking space per 500 square feet of gross floor area..The s(hool classroom and ad~uinistration facilities occupy approximate!5' 11,648 square feet of gross floor area. T~e parking req~ rement for the school is 11,648 divided by 00 equals 24 p~ ~lng spaces. In accordance with Section ll-H(16)(b)i · of Appendix A, Zoning, the pa~king requ/r~ment for the parish 1 and fellowship hall is one parking s~ace )er 100 square feet ~ gross floor area. The parish hall occupie app~oximate!~ 4,3II square feet. The parking requirement for the parish hali ~s 4,~11 divided by 1010 equals 4~ pa~king spaces. The proposed fellowship hall occupies approximately 4,35~ square feet. The parking requirement for the fellowship hall i~ 4,350 divided by i00 equals 44 parking spaces. The to%al combined parking reqdirement for allprinci~al uses (excluding th~ residence which has separate parking spaces) is as f61!o~s: Page 2 of ADDENDUM I-2 Principal Use ~arking Spaces Required Church 75 School 24 Parish Hall 44 Fellowship Hall 44 Total Required Parking 187 il! The documentation submitted by Glen Harris, including schedule of activities, indicates that the church sanctuary is primarily used for services on Sundays and tha~ the school operates on weekdays. Certain other ancillary uses occur on Saturdays and weekdays, during the daytime and evening hours. With respect to Section ll-H[13) of Appendix A, Zoning, provision for shared parking, the applicant is seeking to quantify in this particular instance that the "parking demand for different uses (principal uses) occurs on different days of the week." There is no buffer calculation required in this instance because there is no overlap of the Sunday mass with the weekday school functions. On Tuesday, October 4, 1988, the Technical Review Board met and recommended aproval of the shared parking allocation based on the documentation submitted. It was the consensus of the Technical Review Board that there is sufficient on~site parking ~0 accomodate the Sunday church masses and the weekday school function, as well as the related weekly, ancillary uses. CARMEN S. ANNUNZL~O /bks Page 3 of ADDENDUM I-3 MEMORANDUM TO: FROM: DATE: RE: Carmen Annunziato Planning Director Kevin J. Hallahan Forester/Horticulturist October 5, 1988 St. Joseph's Episcopal Church - Site Plan The following comments pertain to the landscape plan for the above project. A detail of the landscape plan showing the size, height and caliper of newly planted~materiats should be shown on a plant list. Accent shrubs planted every 2' should be installed around the dumpster location. The plans should state that all landscape areas will receive 100% coverage with an automatic irrigation system. Kevin J. H~ll~han Forester/Horticulturist KJH: ad DOC: STJO ADDENDUM I-4 LEGAL DESCRIPTION OF SITE ALL OF TRACTS 94 Tt~OUGH 107, SECTION 20, OF SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS PER PLAT TItEREOF, RECORDED IN PLAT BOOK 7 AGE 20, OF TIlE PUBLIC RECORDS OF PALM BEACtt COUNTY, FLORIDA, INCLUDING30 FOOT STRIP LOCATED IN SECTION 20, TOWNSfIIP 45 SOUTH, RANGE 43 EAST, AND BOUNDED ON THE SOUTH BY BOYNTON CANAL AND ON THE NORTlt BY TRACT 94, SECTE~20, OF THE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANG: 43 EAST, ACCORDING TO TIlE PLAT TIIEREOF, RECORDED IN PLAT BOOK l, PAGE 20, PALM BEACH COUNTY RECORD ALSO INCLUDING 30 FOOT STRIP SHOWN AS ROAD EASEMENT RUNNING FROM CANAL C-16 NORTH TO TItE NORTHLINES OF LOTS 102 AND 107 EXTENDED OF SUBDIVISION OF SECTION 9 AND 20, RECORDED IN PLAT BOOK 7. PAGE 2G OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING BETWEEN LOTS 96 TO 102 IN THE EAST AND LOTS 94, 95AND 103 THROUGH 107 ON THE WEST SAZDSUBDIVISION. ~ALSO, ALL LANDS, INCLUDIN~ LAKE BOTTOM OF LAKE JACKSQN AND LA~DS DESIGNATED ~'SAND BE~"OR "bOW MUCK OR OTHERWISE LYING BETWEEN THE ABOVE DESCRIBED PROPERTY A~D WEST OF THE RIGHT-OF-WAY OF TIlE LAKE WORTlt DRAINAGE DISTRICT ~LIZtNG ~ANAL E[~j EXCEPTING THAT PORTION OF TRACTS 94, 95, I03, ~0~,i05. 106AND 107, SECTION 20, SUBDIVISION OF SECTIONS 29 AND 20, TO~sHIP 45 SOUTH, RANGE 43 EAST ACCORDING TO THE PLAT TltEREOF, RECORDED IN P~ B60K 7, PAGE 20, PALM BEACH COUNTY PUBLIC RECORDS WHICH LiES WITHIN 50 FEET OF THE WEST LINE OF SAID SECTION. ALSO, ALL THAT PART OF THE SW 1/4 OF SECTION 17 AND TIlE NW 1/4 OF SECTION 20~ ZOWNSHtP 45 SOUTH, ~ANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING ~OUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF NW 22ND AVENqE AS DESCRIBED IN OFFICIAL RECORDS BOOK 1738, PAGE 1686 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND NORTH OF TItE SUBDIVISION OF SECTIONS 29 AND 20, TOWNSHIP 45 SOUTH, RANGE 4 EAST, RECORDED IN PLAT BOOK 7, PAGE 20, NEREINABOVE OESCRIBED, AND EAST OF TIlE EASTERLY LINE OF RIGItT-OF-WAY OF CONGRESS AVENUE AND WEST OF THE WESTERLY LINE AT RIGIIT-OF-WAY OF TIlE LAKE WORTHDRAINAGE DISTRICT EQUALIZING CANAL E-4. EXCEPTING FROM ALL OF THE ABOVE DESCRIBED PROPERTY TItE RIGIIT-OF-WAY OF CONGRESS AVENUE, LAKE WORTH DRAINAGE DISTRICT EQUALIZING CANAL E-4 AND RIGHT-OF-WAY OF CANAL E-16 FORMERLY BOYNTON CANAL. ADDENDUM J-1 MEMORANDUM TO Carmen Annunziato Planning Director Don Jaeger Site Development Building Department October 5, i988 SITE PLAN. M0~z~ ~CATION: MOTOROLA As a condition of site plan modification approval, the roi%owing comments should be addressed in the related documents by the applicant: Construction details for the guardhouse must be submitted. These details must include handicapped accessibility and sanitary facilities which comply with city and stat~ codes and ordinances. 5. 6. A 27 foot back-up aisle is required for all parking stalls. Striping for handicapped parking stalls must be 4 feet in width and painted blue. The location of all handicapped parking stalls must be indicated on the plans. Ail plans submitted for public record must be signed and sealed by a professional registered in the state of Florida. The structures must comply with Chapter 4 and 1t ~f the Standard Building Code. South Florida Water Management District approval Us required. The maximum height of the.structure must be indicatedon the drawings. The applicant's prompt compliance with insure a timely permitting process. the preceding comments will DJ:bh XC: E. E. Howell Don Jaeg~ ADDENDUM J-2 MEMORANDUM october 6, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CAR~MEN S. ANNUNZIATO, PLANNING DIRECTOR MOTOROLA (EXPANSION) STAFF COMMENTS Please be advised of the following Planning Department commen=s with respect to the above-referencedsite plan modification request: Revise table on sheet C-3 to reflect 1,707 total parking spaces, 87 perimeter spaces and 32,400 square feet of interior landscaping. With the latest information submitted, the above discrepancy, 4 row count discrepancies in lot C, and 4 row count discrepancies in the northern section of lot F were noted. 2. Amend site plan application, page 4, section 10(b). 3. North/south access aisles in lot A need to be increased in width to 27 feet. CSA:ro cc Central File CAREN S. ANNUNZIATO~ ADDENDUM J-3 DESCRIPTION PARCEL A THAT PART OF LOTS 1, 2, 3, 4, 5 AND 6, BLOCK A, PENCE SUBDMSION NO. 1, ACCORDING TO THE I~AT THEREOF RECORDED IN PLAT BOOK 1, PAGE 33 OF THE PUBLIC RECORDS OF PALM COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGIN AT /~HE NORTHWEST CORNER OF SAID LOT 2; THENCE S.0o59'43"E.,ALONG THE WEST LINE OF LOTS 2, 3 AND 6, 205.20 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE OF LOTS 1 AND 2, 293.68 FEET; THENCE N.82°30'48"E., 45.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF STATE ROAD NO. 5 (U.S. HIGHWAY NO. 1), AS SHO'~N IN ROAD PLAT BOOK 2, PAGE 160 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N.4° 57'03'5~., ALONG SAID WEST RIGHT-OF WAY LINE, 18.65 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE EASTERLY WITH A RADIUS OF 2914.93 FEET AND A CENTRAL ANGLE OF 3°04'58"; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE AND ALONG SAID WEST RIGHT-OF-WAY, 156.8~ FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88 07'55"; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, 38.45 FEET TO THE NORTH LINE OF SAID LOTS ! AND 2; THENCE WEST, ALONG SAID NORTH LINE, 305.94 FEET TO SAID POINT OF BEGINNING. ADDENDUM K